Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 706
706. (1) Where the party to whose oath reference is required is
lawfully prevented from appearing in court, it shall be lawful for
the court, on the demand of the other party, to order that the
answers to the questions be taken, on the day and at the time t o be
stated in the order, at the place of abode of the party to whos e oath
reference is required, by a judi cial assistant; and such order shall be
served on the person or persons to whose oath reference is requ ired.
The party seeking the reference shall pay for such service, sav ing
any right of reimbursement thereof in terms of the eventual
decision of the court.
Attendance of
parties, etc.
(2) It shall be lawful for the opposite party and for the
advocates or legal procurators to attend.
Answers to be
taken down and
signed by judicial
assistant.
(3) The answers shall be taken down and signed at the end
thereof by the judicial assistant.
Applicability of
article 606(4) and
(5).
(4) The provisions of article 606(4) and (5) shall apply in the
case provided for in this article.
Reference to oath
of other parties not
under impediment.
Amended by:
XV .1913.137;
XXIV .1995.274;
XXXI.2002.162.
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.