Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 29
29. (1) There shall be a Board composed of the Chief Justice,
as chairman, who shall also have a casting vote, a judge ordina rily
sitting in the Court of Appeal and a magistrate appointed by th e
President of Malta on the recomm endation of the Chief Justice, the
Attorney General, the State Advocate, the President of the Cham ber
of Advocates and the President of the Chamber of Legal
Procurators whose function shall be to make rules, to be called
Rules of Court, for the purposes specified in su b-article (2) o r in
any other provision of this Code or of any other law.
(2) Rules of Court may be made generally in respect of all
matters concerning the conduct of the courts and the conduct of
causes with the object of ensuring a proper and efficient
administration of justice and, in particular, but without prejudice to
the generality of the aforesaid -
(a) for governing the conduct of the courts and for
securing and maintaining order and decorum within
the building of the courts;
(b) for fixing the days, hours, duration and number of the
sittings of the courts, determining the manner of
distribution of the causes among judges and the
magistrates appointed to sit in a particular court or
chamber thereof, and for making other provision in
respect of any matter afores aid as the Board may deem
appropriate;
(c) for regulating leave of a bsence, for any reason, by
judges, or magistrates, including a requirement of
authorisation or sanctio ning of such leave by the
competent authorities;
(d) for establishing any forms not provided for in this
Code;
14 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE
Cap. 189.
(e) for carrying into effect the provisions of the Judicial
Proceedings (Use of English Language) Act , as
regards the languag e to be used in the proceedings;
(f) for making provision with r espect to judicial acts and
matters of or incidental to practice and procedure not
provided for in this Code or in any other law;
(g) for establishing case management procedures;
(h) for fixing the sessions of the forensic year and the
vacation days in the superior and inferior courts, and
matters ancillary or incidental to such sessions and
vacation days:
Provided that nothing contained in such rules shall be
inconsistent with or repugnant to the provisions of this Code o r any
other law:
Provided further that the Minister responsible for justice may,
in the absence of the Rules of C ourt made in accordance with th e
provisions of this sub-article, make regulations on any matter referred
to in this sub-article.
(3) The Board may act notwithstanding any vacancy in its
membership but shall not act unless at least the Chief Justice and
another two members are present.
(4) Rules made under this article shall be subject to the
approval of the President of Mal ta, and shall come into force o n or
after the day of their publication in the Gazette, as may be sp ecified
therein.
(5) The Minister responsible for justice may by regulations
confer on the Board additional powers and functions for the
amelioration of the adm inistration of justice.
(6) The Chief Justice may from time to time convene meetings of
judges and magistrates, either s eparately or collectively, and shall
regularly consult with the same, individually or collectively, regarding
matters concerning the conduct an d trial of causes, the applica tion and
conduct of court procedures and proceedings, the implementation of
administrative procedures connected with the trial of causes an d the
conduct of proceedings, the relationship between the judiciary and the
Commission for the Administration of Justice, the making of rul es of
court and such other matters a s the Chief Justice may deem
appropriate to discuss.
(7) Subject to the foregoing provisions of this article and to a ny
rules or regulations made th ereunder, the judges and the
magistrates shall have power t o regulate the conduct of proceed ings
and of the trial of the causes before the respective courts ove r
which they preside, and to give directives for the maintenance of
order at the sittings of th e court, accord ing to law.
(8) Without prejudice to the provisions of sub-article (7), the
Chief Justice may, in his discretion, transfer any case from on e
court to another:
Provided that in the execution of this function the Chief
CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 15
Justice shall discuss the matter with the judges or magistrates
concerned, either during any of the meetings convened in
accordance with sub-artic le (6) or during an ad hoc meeting held
for the purpose.
Advocates and
legal procurators
when appearing in
court to be deemed
officers of court.
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.