Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 204

Official PDF on legislation.mt

204. (1)( a)The parties, either personally or through their advocates or, in the inferior courts, either personally or through their advocates or legal procurators, shall have the right to make their submissions in writing or orally as the court may decide, by the plaintiff submitting his case and the defendant making his answer: Provided that the court may in appropriate circumstances allow a further reply by the plaintiff and a rejoinder by the defendant. (b) When the trial of the cause i s closed, no further evidence shall be allowed, except for ju st cause and by leave of the court. Distribution of oral pleading when more than one advocate appears for the same party. (2) If more than one advocate appears for the same party, it shall be lawful, if such party b e the plaintiff, for one advoca te to state the case and for another to make the reply and, if such p arty be the defendant, for one advocate to make the answer and for another to make the rejoinder. The advocates may also distribut e among themselves the several issu es of the controversy and the evidence. Power of court to rule out useless matter in oral pleading. (3) Nevertheless, in all cases the court is empowered to rule ou t from the oral pleading all matter which, in its opinion, may be calculated to cause useless delay, or consists in repetition, or is irrelevant or extran eous to the cause. Party assisted by advocate not to address court. Amended by: IX.1886.31; XXIV .1995.105.

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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.