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