Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 818

Official PDF on legislation.mt

818. (1) The time for demanding a new trial is three months, which shall commence to run - (a) in regard to the cases referred to in article 811( a) and (k), from the day on which the fraud was discovered, or the document obtained; (b) in regard to the case referred to in paragraph ( b), from the day on which the plaintiff became aware of the judgment; (c) in regard to the cases referred to in paragraph ( j), if the falsity was, at the suit or complaint of the plaintiff himself, declared subsequently to the judgment complained of, from the day of such declaration, and if it was declared subsequently to such judgment, but at the suit or complaint of o ther parties, or if it was declared previously, from the day on which the plaintiff became aware of such declaration; (d) in regard to all other cases, from the date of the judgment complained of. (2) A new trial may in no case be demanded after the lapse of five years from which the first judgment was given. Time to be peremptory and to run against minors, etc. Amended by: IX.1886.101; XI.1977.2.

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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.