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