Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 8

Official PDF on legislation.mt

8. (1) Saving the cases expressly provided for in this Code, the judges shall not, except in open court, either directly or indirectly, hold any communication with any suitor in any of the courts, or with any advocate, legal procurator, or other person on behalf of such suitor, in regard to any suit which is pending a t the time, or is about to be commenced or prosecuted. Nor shall they , without the permission of the President of Malta, first had and obtained on an application to t hat effect, act as advocates or in any case give counsel or advice in regard to any suit which they kn ow to be already commenced, or which they foresee as likely to commence. Exceptions.(2) The provisions contained in this article shall not apply in the case of lawsuits concerning a ny of the parties mentioned in article 734( a), (b), (c) and (e). (3) Nothing in the preceding s ub-article shall be deemed to preclude a judge or magistrate from communicating with the advocate or legal procurator of a party in connection with any matter concerning the management of a cause pending before the judge or magistrate: Cap. 9. Provided that a magistrate shall not be debarred from holding any communication for the purposes of any inquiry into any criminal matter when such magistrate is holding an inquiry under Title II of Part I of Book Second of the Criminal Code . Judges may not act as arbitrators etc. Amended by: L.N.148 of 1975; VII.2007.3.

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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.