Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 738

Official PDF on legislation.mt

738. (1) Where the court consists only of one judge and such judge is objected to, he himself shall decide on the alleged gr ound of challenge, and no appeal shall lie against his decision, and he shall either abstain from sitting and rule that a surrogation o f another judge is required, or el se proceed with the trial, as t he case may be. (2) Where the court consists of more than one judge, all the judges, including the one objected to, shall decide on the grou nd of challenge, and where there is any reason to doubt as to whether an alleged ground of abstention is a good ground or otherwise, all the judges, including the judge alleging such ground, shall decide on such ground. When objection to judge is not admissible.

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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.