Code of Organization and Civil Procedure (Cap. 12), article 622A

622A. (1) Notwithstanding the provis ions of articles 613 to 622, where the evidence of a witness residing outside Malta is requi red, and such person has made an affidavit about facts within his knowledge before an authority or o ther person who is by the law of the country where the witness resides empowered to administer oaths, or before a consular officer of Malta serving in the country where the witness resides, such affidavit duly authenticated ma y be produced in evidence before a c ourt in Malta; and the provision s of articles 623, 624 and 625 sha ll apply to such affidavits. (2) The affidavit so obtained shall be served on the opposite party or parties, and any party to the proceedings desiring to cross- examine such a witness shall appl y to the court for the examina tion of such witness by letters of request not later than twenty day s from the service of the affidavit; and the provisions of this Code r elative to letters of request shall apply with such modifications and adaptations as may be necessary. (3) If no application is made as a foresaid no cross-examination of the witness shall be allowed unless the court for a good rea son otherwise directs; and the affidavit shall be taken into consid eration notwithstanding the absence of cross-examination. (4) Notwithstanding the foregoing provisions of this article, if the parties agree, and the court deems it proper so to act, the court may make such other provisions concerning the conduct of the cr oss- examination as may be appropriate according to circumstances. Audio-recording or video-recording of evidence. Added by: XXXI.2002.159. Amended by: VIII.2017.7.