Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 180

Official PDF on legislation.mt

180. (1) Subject to the provisions of article 181, written pleadings may be filed - (a) personally by the party pleading in his own name, or by the person pleading in a representative capacity as the parent of the children placed under his parental authority, or as the tutor, curator, administrator of the community of acquests, executor, head of a department or other public administrator, or as attorney on behalf of any church, community, hospital, or other pious institution or as administrator of property under litigation, or as partner or representative of a commercial firm, or as any of the persons mentioned in article 181A(2) in the case of a body having a distinct legal personality, or as agent or representative of any other lawful association, or as attorney on behalf of persons absent from the Island, either of Malta or Gozo, in which the written pleading is filed; (b) by a legal procurator; (c) by any other partner of a commercial firm to which the written pleading refers; (d) by an ascendant, descendant, brother or sister, uncle or aunt, nephew or niece, any one of the parents of his spouse, any one of the spouses of his children, spouse, appointed as an attorney for the purpose, by the party pleading whose signature is duly attested in accordance with article 634(2); (e) by any joint party to the suit; (f) by an advocate, if the written pleading is to be filed in any of the inferior courts, or in the Court of Appeal in cases of appeal fro m judgments of the inferior courts. (2) Nevertheless, no written pl eading containing a waiver of the proceedings or an admission of the claim or the consent for the withdrawal of any deposit, may b e filed by any person other tha n - (i) the persons mentioned in sub-article (1)( a) and (c), or (ii) an attorney specially a uthorized for the purpose, or (iii) the advocate, if any such written pleading is filed during the hearing of the cause. CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 59 Written pleadings filed by a Minister or a public officer. Added by: XXIII.1971.15. Amended by: XXIV .1995.89.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.