Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 702

Official PDF on legislation.mt

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.

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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.