Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 914
914. (1) Where the demand is made by an application, the
Civil Court, First Hall, shall refer the application to the Adv ocate
for Legal Aid who shall summarily examine the demand and report
to the Civil Court, First Hall, whether the applicant has reaso nable
grounds for taking or defendi ng proceedings, and where the
demand is made orally to the Advocate for Legal Aid, he shall
proceed directly with suc h examination and report:
Provided that no such examination shall be necessary where the
demand for admission to the benefit of legal aid is made by the
defendant in first instance or the respondent in second instanc e, and
such defendant or respondent shall always be admitted to defend
with such benefit upon taking the oath prescribed in article 91 2.
Examination of
counter-claim.
(2) Where the defendant desires to set up a counter-claim
against the plaintiff, the said examination shall be made in re gard
to such counter-claim.
Summoning of
witnesses to be
examined by
Advocate for Legal
Aid.
(3) Where the Advocate for Legal Aid deems it necessary to
examine witnesses, he shall appl y to the Civil Court, First Hal l, for
such witnesses to be summon ed to attend before him.
Subpoena issued
free of charge.
(4) The writ of subpoena to such witnesses shall be issued free
of charge.
Administering of
oath to witnesses.
(5) The Advocate for Legal Aid, before taking the evidence of
the witnesses, shall admi nister the oath to them.
Where witnesses
fail to attend.
(6) Should any witness, duly summoned, fail to attend, the
Civil Court, First Hall, shall, on the report in writing of the
Advocate for Legal Aid, proceed in the manner provided in artic le
575.
256 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE
Notice of demand
to opposite party.
Amended by:
IX.1886.113;
XXXI.1934.79;
XXIII.1971.42;
XXIV .1995.333.
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.