Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 199

Official PDF on legislation.mt

199. (1) If, after a cause is called on three times, the contending parties or their advoc ates or, in the causes before the inferior courts, the contending parties or their advocates or l egal procurators, fail to appear, it sh all be lawful for the court t o order the cancellation of the cause from the list at the expense of t he plaintiff. Default of appearance of plaintiff. (2) If only the defendant or his advocate or legal procurator, a s the case may be, appears, he sh all be entitled to demand that t he plaintiff be non suited with costs. Right of plaintiff to have cause again set down for trial. (3) In either case, if the plaintiff desires that the cause be restored to the list to be heard and determined upon the same a cts, he shall, by means of an application to be filed within three m onths, make a demand to that effect. Su ch demand shall be granted once only, and the court shall appoint a day for the trial of the ca use at the expense of plaintiff, on condition that the plaintiff shall make payment, or deposit in the regis try of the court before the day fixed for the trial, all the costs stipulated in the tariff, in the c onsequence of the non-appearance of plaintiff, or of his advocate or legal procurator, as the case may be. (4) The provisions of this article shall not apply when a cause is awaiting the outcome of another cause. Presence through live video conferencing link. Added by: LIII.2020.2.

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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.