Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 914

Official PDF on legislation.mt

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.

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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.