Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 637

Official PDF on legislation.mt

637. (1) It shall be lawful to demand the production of documents which are in the possession of other persons - (a) if such documents are the property of the party demanding the production thereof; (b) if such documents belong in common to the party demanding their production and to the party against whom the demand is made; (c) if the party demanding the production of the documents, although he is not the owner or a co-owner t h e r e o f , s h o w s t h a t h e h a s a n i n t e r e s t t h a t s u c h documents be produced by the other party to the suit; (d) if the person possessing the documents, not being a party to the suit, does not declare on oath that, independently of any favour for either side, he has special reasons not to produce the documents; 182 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE (e) if the documents are public acts, or acts intended to constitute evidence in the i nterest of the public in general. (2) It shall be lawful for the court to order the production onl y of such part of books or other documents as relate to the matte r in issue. Privileged documents. (3) It shall not be lawful to demand the production of any document which is held by a public authority and - Cap. 496. (a) which is an exempt document under articles 29, 30 or 3 6 ( 1 ) o r s u b - a r t i c l e s ( 4 ) o r ( 5 ) o f a r t i c l e 3 2 o f t h e Freedom of Information Act ; or (b) the disclosure of which is prohibited by any other law. Cap. 496. (4) Where a demand is made for the production in court of a document held by a public authority, and the public authority i s of the view that sub-article (3)( a) applies to that document, the public authority shall reply to the demand as if that demand were a re quest for disclosure of the document under the Freedom of Information Act; and the provisions of Parts II and IV and of articles 39, 40 and 43 of the Freedom of Information Act shal l apply accordingly. Cap. 9. (5) Saving the provisions of article 518 of the Criminal Code it shall not be lawful to demand the production of any procès-verbal , record of inquiry, or other document relating to criminal matte rs, unless such procès-verbal , record of inquiry, or document be deposited in the registry. Cap. 496. (6) In this article "public authority" shall have the meaning assigned to it by the Freedom of Information Act . Documents kept by administrator presumed to belong to person whose estate he administers.

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