Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 735
735. (1) Any judge being aware of the existence in his respect
of any of the grounds of challenge mentioned in the last preceding
article, shall make a declaration to that effect previously to the trial
of the cause, either verbally in open court, in which case a record of
such declaration shall be entered in the proceedings of the cause, or
in writing, in which case it shall be lodged in the registry before the
day appointed for the trial of the cause, notice thereof being given
to the parties.
Judge may hear
and determine
cause, if parties
give their consent
thereto.
(2) Nevertheless, it shall be lawful for the judge to hear and
determine the cause if the parties shall expressly give their consent
thereto, unless, in the particular circumstances of the case, he shall
deem it proper to abstain from sitting notwithstanding such
consent.
Judge to sign
applications or
warrants despite
being otherwise
precluded from
dealing with cause.
Amended by:
XXII.2005.61.
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.