Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 610
610. (1) The provisions of article 606 shall, independently of
the reasons mentioned in that ar ticle, apply also in any case i n
which, in an action before the C ivil Court, First Hall, a deman d to
that effect is made, by means of a note, by all parties to the action,
and also in the case wher e the court so orders.
(2) I n any such ca se, the pr ovisions of the last par t of article
606(1) shall not apply; but the answers given by the witnesses shall
be taken down in the manner provided in article 594(1), and the
deposition shall be signed or marked by the witness and
countersigned by the judicial assistant who shall transmit it t o the
registrar.
Witnesses or
questions objected
to.
(3) If any question shall arise before a judicial assistant as t o
the competency or relevancy of a witness, or as to the admissib ility
or relevancy of any question put to a witness, the judicial ass istant
shall decide the question and record his decision, saving the r ight
of the party aggrieved, in the case of rejection of the witness or
question, to apply to the court.
(4) All other provisions of this Code relating to the
examination of witnesses before the court shall apply to any
examination under this article, in so far as they are applicabl e.
Re-examination of
witness in court.
(5) Nothing in this article contained shall prevent the court
from ordering, either of its own motion or upon the demand of a ny
of the parties, where necessary, that a witness examined under the
provisions of this article be r ecalled and re-examined before i t.
CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 175
Examination of
witness about to
leave Malta, etc.,
whose evidence is
required before
inferior courts.
Amended by:
X.1856.12;
XV .1913.125,126
XXIX.1939.3;
L.N. 4 of 1963;
L.N. 46 of 1965;
XXXI.1966.2;
LVIII.1974.68;
VIII.1990.3;
XXIV .1995.227;
XXV .2019.22.
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.