Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 181D

Official PDF on legislation.mt

181D. (1) A request for the issue of a warrant or garnishee order by a civil court or tribunal in Gozo may be filed in the Regist ry of the Civil Courts and Tribunals, Malta. (2) The registrar of the Civil C ourts and Tribunals, Malta, sha ll transmit such a request to the r egistrar of the competent civil court or tribunal in Gozo indicated in the request. (3) The registrar of the Civil Courts and Tribunals, Gozo shall forward such a request to the co mpetent civil co urt or tribunal in Gozo indicated in the request to deal with it in terms of law. (4) If the competent civil court or tribunal in Gozo decrees tha t such warrant or order is to be executed in Gozo or Comino, a co py thereof shall be transmitted by the registrar of the Civil Cour ts and Tribunals, Gozo indicated in the request to the registrar of th e competent civil court or tribunal in Malta from where the reque st originated. A copy of the decree shall be served on the person requesting the issue of such warrant or order. (5) The officer effecting executio n shall deliver to the regist rar of the competent civil court or tribunal in Gozo indicated in t he request the certificate of servi ce or execution, duly confirmed on oath before the registrar himself who shall transmit it to the registrar of the competent court or tribunal in Malta from where the request originated. (6) The provisions of sub-articles (1) to (4), both inclusive, shall mutatis mutandis apply when a judicial act is filed in th e registry of a competent civil court or tribunal in Gozo for onw ard transmission to the competent ci vil court or tribunal in Malta. (7) The date of filing shall be the date when the warrant or a garnishee order was first filed in the registry of the Civil Co urts and Tribunals, Malta and not when the warrant or garnishee orde r was received by the registry of the Civil Courts and Tribunals, Gozo and vice-versa. Persons filing written pleadings are bound to accept service of other written pleadings. Amended by: XXIII.1971.16.

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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.