Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 97A

Official PDF on legislation.mt

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.

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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.