Code of Organization and Civil Procedure (Cap. 12), article 606

606. (1) Where any person whose evidence is required in a cause which is pending, is about to leave Malta, or is so infir m or advanced in years that he might die or become unable to give hi s evidence before the time when such cause will come up for trial , or is unable to attend the trial, it shall be lawful for the court , saving the cases referred to in article 6 11, to commit the examination of such person to a judicial assistant; and in any such case, the questions put to the witness, t ogether with his answers thereto , shall be taken down in writing, and the deposition shall be sig ned or marked by the witness himself. Form of demand for examination. (2) The demand for the examination of any person as provided in sub-article (1), if made before the day appointed for the tr ial or the continuation of the trial of the cause, shall be by an appl ication and the applicant shall swear th at he has reason to believe tha t the witness is about to leave Malta or is unable to appear before t he court, as the case may be; during the hearing such demand may b e made orally. Examination of witness outside jurisdiction of court. (3) Where the cause is pending before any of the superior courts, or before the Court of M agistrates (Malta), and the per son to be examined under the provisions of this article is in the I sland of Gozo or of Comino, it shall be lawful for the court to commi t the examination of such person to a j udicial assistant; and where t he cause is pending before the Court of Magistrates (Gozo), and th e person to be examined as aforesaid is in the Island of Malta, i t shall be lawful for the court to commit the examination of such perso n to a judicial assistant. Judicial assistant to administer oath. (4) In the cases referred to in this article, the oath may be administered by the judicial assistant. (5) The party by whom the evide nce is required shall, before 174 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE the order of the court is carried out, deposit with the registr ar a sufficient sum to cover any expense which may be incurred for t he execution of the order; and in default of such deposit, it shal l be lawful for the court to decide the cause without such evidence. Judicial assistant to take down objections to competency or credit of witnesses. Amended by: XXIV .1995.225. Substituted by: XXXI.2002.156.