Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 595

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595. (1) Notwithstanding the provi sions of the last preceding article, the court may, at the request of both parties, or, hav ing regard to the circumstances of the case, ex officio , order that the answers given by the witnesses, or the substance thereof, be ta ken down in shorthand by means of stenographers appointed for the purpose or be recorded by electro magnetic means. Shorthand note s shall be taken down in indelibl e ink and signed on each page by the stenographers and shall, together with the transcript, be inser ted in original in the record. The elec tromagnetic reco rding shall be transcribed under the direction of the registrar and the transc ript shall be inserted in the record. In either case, the transcript may be handwritten or typewritten and sh all be read over to the witnes s, during or after the si tting, by the registrar who shall make a note of such reading at the foot of the transcript. (2) Should the witness desire to correct or add anything in or t o the deposition as transcribed, the registrar shall make a note of such addition or correction, and in a ny such case it shall be lawful for either of the parties to reproduce the witness before the court in order that he may confirm the addition or correction. (3) The witness may be called upon to appear before the registrar by means of a letter signed by him, and the provision s of this Code enforcing the attendance of witnesses shall apply to any such witness so called upon. ( 4 ) T h e p a r t y p r o d u c i n g t h e w i t n e s s e s s h a l l d e p o s i t w i t h t h e registrar an amount sufficient to secure the stenographers’ or recording fees. Employment of interpreter. Amended by: XV .1913.119; XXXI.1934.55; L.N. 46 of 1965; XXIV .1995.223.

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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.