Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 594
594. (1) The substance of the answers given by the witnesses
shall be taken down. Every ans wer which may have a material
bearing on the merits of the case shall be taken down word for
word:
Provided that in the inferior courts, it shall be sufficient th at
notes of the evidence of the witn esses be taken down in brief.
Reading over of
evidence to
witness.
(2) The notes of the evidence so taken down shall be read over
to the witness, and, after being signed by the registrar, shall be filed
in original in the r ecord of the cause.
CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 171
Fact of reading of
evidence to be
recorded.
(3) The fact of the reading over of the notes of the evidence to
the witness shall be recorded at the foot thereof before they a re
signed as aforesaid.
Alterations,
corrections or
additions.
(4) The notes of the evidence shall be clearly and legibly
typewritten or written in ink. Any alteration, correction or ad dition
required to be made before or after the reading over of such no tes
to the witness, shall be made by means of a postil in the margi n or
at the foot of the notes, to be countersigned by the registrar, and
any cancellation shall be made in such manner as to leave the
words cancelled distinctly legible.
Inclusion of notes
of evidence in
record not to bar
recalling of witness
before appellate
court.
(5) The inclusion of the notes of the evidence in the record
shall not operate so as to bar any witness heard before the cou rt
below from being recalled before t he appellate court either by the
parties or upon an order of the court ex officio.
Employment of
stenographers.
Added by:
XXXI.1934.54.
Amended by:
XII.1978.6.
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.