Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 594

Official PDF on legislation.mt

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.

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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.