Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 249

Official PDF on legislation.mt

249. Unless otherwise provided in any other law, in the case of a principal or incidental appeal from judgments or decrees given in a cause initiated by sworn application, security for costs of the appeal shall be produced and deposited in court within three (3) months from when the appellant receives the notice for payment. If the appellant is not served with the said notice, the registrar shall, within ten (10) days, inform in writing the advocate of such party that the notice has not been served, and the advocate shall sign a copy of the receipt of such communication: Provided that no action shall lie against the advocate for failure to inform any such party. Cap. 371. (2) Such security shall be in an amount determined by the registrar and is to be made either by a deposit of ready money or by a guarantee of a bank licensed in terms of the Banking Act in accordance with Schedule C to this Code. (3) The deposit shall not be subject to the claims of the creditors of the party making such deposit, so long as it remains to meet the costs of the suit. Cap. 371. (4) The Government of Malta, public corporations, the Central Bank of Malta and banks licensed under the Banking Act are exempt from giving the said security. (5) The Minister responsible for justice may by regulations exempt any other category of persons or bodies from providing the said security. (6) The provisions of articles 893 to 905 where inconsistent with this article shall not apply to the security given under this article. Exemptions from security. Amended by: VII.1880.9; IX.1886.42; XV.1913.76; XXIV.1995.128.

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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.