Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 645
645. (1) The court shall not appoi n t a r e f e r e e s o l e l y f o r t h e
purpose of examining witnesses on oath and taking down their
depositions in writing and establishing the relevant facts.
(2) In the decree appointing th e referee, the court shall -
(a) state the object of the reference;
(b) fix the day and time when t he referee is to conduct an
inspection in faciem loci where necessary;
(c) give directions for the guidance of the referee in the
execution of his task.
(3) The court may at any time, at the request of the registrar o r
on its own motion, order the referee to return the records of t he
cause that are in his possession, to the registrar there to rem ain for
such time as shall be specified in that order. In case of non-
compliance with the court’s order, the referee shall without
prejudice to any other proceedings which may be instituted agai nst
him be guilty of c ontempt of court.
(4) The court may order the referee to attend for the hearing of
the trial and to put to the witnesses any questions he may deem
necessary or relevant to enable him to complete his report.
(5) Where affidavits have been filed in the registry of the cour t,
the referee shall be served with a copy of such affidavits befo re the
hearing.
184 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE
Appointment of
referee.
Amended by:
XXXI.1934.59.
Substituted by:
XXIV .1995.243.
Amended by:
XVII.2003.20;
X.2004.20.
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.