Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 97A
97A. (1) The President of Malt a shall appoint judicial
assistants to perform such funct ions as are by this Code or by any
other law assigned to them.
(2) Judicial assistants shall be appointed from amongst persons
who hold the warrant of advocate.
(3) The functions of judicial assistants shall include the
following:
(a) to assist in the judicial process and at the request of the
court to participate in the proceedings pending before
a court, including any resear ch or other work required
therefor, and for the purpose of carrying out such
duties and exercise such powers as they may be
required or authorised to perform by such court;
(b) to administer oaths;
(c) to take the testimony of any person that is produced as
witness in any proceedings;
(d) to take any affidavit on any matter, including a matter
connected with any proceedi ngs taken or intended to
be taken before any court or any court or tribunal of
civil jurisdiction established by law;
(e) to receive documents produced with any testimony,
affidavit or declaration, including in particular a
testimony, affidavit or declaration as is referred to in
this Code;
(f) to hold such sittings as may be directed by the court, to
36 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE
meet with the advocates and legal procurators of the
parties for the purpose of planning the management of the
lawsuit, and to issue deadlines for the submission of
evidence, pleadings or other judicial acts by the parties.
(4) In the performance of their functions judicial assistants
shall be assigned to a court and shall act under the direction and
control of the court before which the case is pending and shall , in
addition to any power lawfully assigned to them by such court,
have the power to order the attendance of any person for the
purpose of giving evid ence or to make an affidavit or a declara tion,
or to produce documents, at su ch place and time as they may
specify in the order.
Oath of office.
Added by:
XXIV .1995.49.
Amended by:
IV .1996.2.
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.