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