Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 706

Official PDF on legislation.mt

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.

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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.