Code of Organization and Civil Procedure (Cap. 12), article 712

712. (1) Where any party to a cause pending in any of the superior courts, or in the Court of Magistrates (Gozo) in its superior jurisdiction, desires to make a reference to the oath of the other party and has reasons to fear that at the time of the hearing of the cause, such party might be dead or unable, through absence from the country, or sickness, to attend, it shall be lawful for the party requiring the reference to demand, by means of an application, that a judicial assistant be deputed to take down the deposition on the reference in the manner laid down in articles 706 and 707, provided he presents, simultaneously with the application, the questions, and the court considers such questions to be admissible; and if the court accedes to the party’s request as aforesaid, the order of the court shall be served on the person or persons to whose oath reference is required. The party seeking the reference shall pay for such service, saving any right of reimbursement thereof in terms of the eventual decision of the court. (2) Where the impediment anticipated be that of absence, the court shall appoint the place where the deposition on the reference is to be taken. Evidence by reference admissible at any stage of proceedings.