Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 702
702. (1) In the Court of Magistrates (Malta) and in the Court
of Magistrates (Gozo) in its inferior jurisdiction, the demand by the
plaintiff for the reference to the oath of the defendant shall be made
in the notice referred to in article 171.
(2) If the reference is required by the defendant, the demand
shall be made orally, either bef ore or during the hearing of th e
cause; and in the former case notice of such demand shall be gi ven
to the plaintiff.
Non-appearance of
party to whose oath
reference is
required.
(3) If the party to whose oath reference is required fails to
appear on the day appointed for the trial -
(a) the questions as taken down by the court shall be
deemed to be admitted, unles s good cause is shown for
his non-appearance, in any case other than cases for
ejectment or eviction fro m immovable property, in
which the claim before the court does not exceed the
amount of five hundred and eighty-two euro and thirty-
four cents (582.34);
(b) the court shall adjourn the trial to a date not later than
fifteen days from the date of the sitting, unless the
party making the reference renounces thereto, in any
case for ejectment or eviction from immovable
property or in any case in which the claim before the
court exceeds the amount of five hundred and eighty-two
euro and thirty-four cents (582.34), and the questions as
taken down by the court shall be deemed to be
admitted if the party to whose oath reference is
required, without good cause being shown for his non-
appearance, fails again to appear on the day to which
the court has adjourned the case as aforesaid.
Replies to
questions.
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.