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