Code of Organization and Civil Procedure (Cap. 12), article 999

999. Any person sentenced to detention by the judge or magistrate shall be kept in custody in the prison within the bu ilding of the courts, or in the prison appointed by law for the custod y of persons sentenced to such punishment by a court of criminal jurisdiction. Court may commute or remit punishment. Amended by: XXIV .1995.354. 1000. It shall be lawful for the court to commute or remit any punishment which it may have awarded. Fines forfeited to Government. Amended by: XII.1978.10. 1001. E v e r y f i n e (ammenda o r multa ) shall be forfeited to the Government of Malta. Pecuniary punishment convertible into detention or imprisonment. Cap. 9. 1002. In default of payment of a fine ( ammenda or multa ), the person sentenced shall undergo the punishment of detention or imprisonment as provided in the Criminal Code . No appeal from sentences for contempt in facie curae. Amended by: XV .1913.178; XIII.1964.25. 1003. (1) No appeal shall lie from any sentence passed under article 990 or 991, and any such sentence may be carried into execution forthwith. Right of appeal in other cases. (2) In any other case, an appeal from a sentence passed under the provisions of this Title by any court, other than the Court of Appeal or the Constitutional Court, shall lie to the Court of A ppeal. Such appeal shall be made by an a pplication within two days fro m the date of the sentence. Appeal to operate as stay of execution. (3) Any such appeal shall stay t he execution of the sentence. Sentence not to form part of record. (4) Any sentence passed under the provisions of this Title shall not form part of the record of the cause at the trial of which the sentence is passed. CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 277 Registrar shall institute etc. contempt proceedings. Added by: XXIV .1995.355. Amended by: IV .1996.14. 1003A. Subject to the provisions of this Title, in any proceedings for contempt of court, the Registrar shall institute, as direct ed by the court, the necessary proceedings and, for all intents and purposes of law, he shall be c onsidered as the plaintiff: Title XVIII OF JUDICIAL COSTS Taxation of judicial costs. Amended by: IV .1865.4; XV .1913.179; L.N. 4 of 1963; XXXI.1966.2. Substituted by: XXXI.1980.8. 1004. (1) Costs shall be taxed and levied in accordance with the Tariffs in Schedule A annexed to this Code and with regulations made by the Minister responsib le for justice under this article . (2) Regulations made by the Min ister under this article may - (a) amend, add to, revoke or substitute all or any of the Tariffs in the said Schedule A; (b) make any provision relating to the payment of costs and in particular but without prejudice to the generality of the foregoing - (i) to ensure the payment thereof at the time they are due; (ii) to require the payment or deposit of any such costs or part thereof, as may be prescribed by the regulations; and (iii) to provide for such consequences, effects and penalties with respect to any failure to pay costs or otherwise to comply with the regulations, as may be prescribed therein. Agent of absent litigant, liable to registry fees and costs. 1005. (1) Where the party condemned to pay the fees due to the registry or the costs incurred by the other party was, at the t ime of the judgment, represen ted in the proceedings, as absent from Ma lta, by an agent appointed by him, it shall be lawful for the regist rar, and for such other party, to demand payment of such fees or cos ts, from the said agent, in the same manner as if such agent had be en personally and in solidum with his principal, condemned to pay such fees or costs. (2) The right granted as aforesaid to the registrar and to the party to whom the cost s are due, may be exercised notwithstandi ng that the principal be present in Malta, either before or at the time when payment of such fees or costs is demanded. When registrar may claim registry fees from defendant. Added by: XV .1913.180. 1006. Where a defendant is ordered to pay the costs of the action or any part of the fees due to the registry, it shall be lawful for the registrar to claim from him, directly and in solidum , the payment of such fees, wholly or in part, according to the incidence thereo f on such defendant. 278 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Title XIX OF FORMS Forms. Amended by: XXVII.1979.21. 1007. (1) In the superior courts, all acts shall be drawn up in accordance with the forms in Sche dule B annexed to this Code. (2) In the inferior courts, the fo rms prescribed for the superio r courts shall be used in so far as applicable, with such alterat ions or variations as may be necessary to adapt them to th e inferior co urts. (3) The Minister responsible for justice may by regulations amend, substitute or make additions to the forms contained in Schedule B annexed to this Code. Purchase of forms. Added by: XV .1913.181. Amended by: L.N. 4 of 1963; XXXI.1966.2; IV .1996.15. 1008. Without prejudice to the provisions of article 1009, where under this Code an act is required to be drawn up by the party concerned according to a presc ribed form, the form shall be provided by the registrar or any other officer designated by th e Minister responsible for justice, upon payment of a fee to be s hown thereon. REPEALING PROVISION Contrary usage to be inoperative. 1009. Any usage or custom contrary to or inconsistent with the provisions contained in this Code shall be of no effect. Procedure by electronic means. Added by: XXIV .1995.356. 1009A. The Minister responsible for justice may make regulations providin g for or allowing - (i) the making of judicial acts by means of electronic equipment; (ii) the transmission and service by the use of electronic means; in connection with judicial acts, court proceedings, records an d services and without prejudice to the generality of the foregoi ng such regulations may provide for - (a) the form of judicial acts pr epared by electronic means; (b) the transmission, filing and service of acts by electronic equipment and fo r the way in which such service is to be evidenced; (c) the storing of court record s by electronic means and the mode whereby such reco rds are to be authenticated and how copies thereof are to be made and authenticated; (d) the fees that may be charged in connection with the use of such electronic means in relation to the making, transmission, filing or service of judicial acts, and for the making of copies of court records; and (e) such other matter consequential or incidental thereto including such transitional provisions as may appear to the Minister to be necessary or expedient in connection therewith. CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 279 Regulations. Added by: XXXI.2002.193. 1009B. The Minister responsible for justice may make regulations for the implementati on of the provisions of this Co de and, in general, to bring the provisions of this Code into effe ct. 280 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE SCHEDULE A (Articles 75, 179, 666, 967 and 1004) TARIFFS REFERRED TO IN THE CODE OF ORGANIZATION AND CIVIL PROCEDURE Amended by: XI.1859.42; IX.1886.128; G .N. 136 of 1919; G .N. 475 of 1929; G .N. 549 of 1939; G .N. 653 of 1942; G .N. 139 of 1949; L.N. 49 of 1980; L.N. 99 of 1980. Substituted by: L.N.102 of 1980. Amended by: L.N.56 of 1981; XIII.1983.4,5; L.N. 3 of 1986; L.N. 28 of 1988; VIII.1990.3; L.N.116 of 1992; L.N. 91 of 1995; L.N. 124 of 1996. Substituted by: L.N. 142 of 2000. Amended by: L.N. 197 of 2000; L.N. 8 of 2001; L.N. 277 of 2005; XXII.2005.75; L.N. 181 of 2006. Substituted by: L.N. 407 of 2007. Amended by: L.N. 371 of 2011; L.N. 224 of 2014. Substituted by: L.N. 36 of 2015. Amended by: L.N. 69 of 2015; XLV .2016.5. L.N. 327 of 2017 ; L.N. 137 of 2020; XLIV .2021.23. TARIFF A Fees payable in respect of the trial of causes in the Registries of the Superior Courts of Justice and the Courts of Magistrates in Malta and Gozo excluding the Court of Voluntary Jurisdiction 1 ( a ) I n a c t i o n s f o r p e r s onal separation, divorce, annulment, maintenance, filiation, paternity, child abduction or custody, relating to the civil status of a person, relating to human rights or relating to general elections and in actions of possession and jactitation suits or concerning personal injury, claims for the payment of wages or claims for unjust dismissal from employment, all the fees provided for in this Tariff, with the exception of the tariff stated in paragraph 3 shall be rebated by ......................... 50%: Provided that in the case of actions for the correction or cancellation of registrations on the basis of article 253 of Cap. 16 ……......... €20 (b) The same shall apply with regard to the execution of a promise of sale or of a promise of transfer both of movable and immovable property. (c) No fees shall be due for any act filed by a curator ex officio acting in that capacity, subject to a refund by plaintiff at the termination of proceedings. 2 (1) For the filing of any petition, sworn application or other act of procedure containing a claim which initiates a contentious procedure in a Court of First Instance and requiring the decision of a Judge or Magistrate as well as for any reply, answer or other act of procedure in reply thereto and intended to contest, whether totally or partially, the claim made . €120 CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 281 Provided that the above fee shall include the filing of all other acts of procedure and court services (including but not limited to filing of warrants for the examination of witnesses, the examination itself, recording fees, transcriptions and copies, the services of judicial assista nts, the transmission of the records of causes, taxed bill of costs and copies of the judgement) required following the initiation of the cause through the said act up to and including final judgement but excluding any fees due for the notification of acts and fees due to referees or experts appointed by the Court or any fees which the Court may be required to pay to third parties. (2) For the filing of any petition, sworn application or other legal act initiating a contentious procedure in a Court of Appeal and requiring the decision of a Judge as well as for any reply, answer or other act of procedure in reply thereto and intended to contest, whether totally or partially, the appeal ......................€200 Provided that in respect o f an answer to an appeal which does not contain a c ross appeal, there shall be paid a fee of ............... €80 Provided that no fee shall be payable under this paragraph for any appeal filed in terms of any other law which already provides a fee to be paid for such an appeal: Provided further that the above fees shall include the filing of all other acts of procedure and court services (including but not limited to the filing of warrants for the examination of witnesses, the examination itself, recording fees, transcriptions and copies, the services of judicial assistants, the transmission of the records of causes, taxed bill of costs and copies of the judgement) required following the initiation of the appeal through the said act up to and including final judgement but excluding any fees due for the notification of acts and any fees due to referees or experts appointed by the Court or any fees which the Court may be required to pay to third parties. (3) No fee shall be levied under this paragraph for the filing of any note of admission of a claim provided that the claim is admitted in full and unconditionally before any contestation thereon. 282 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE 3 (1) In addition to the fees stated in paragraph 2, on the filing any petition, application, or other act of procedure containing a claim which initiates a contentious procedure in a Court of First Instance and requiring the decision of a Judge or Magistrate and when the registry fee is assessable on a determinate value or on a value which may be determined according to law or from the act itself, the following fees shall also be due: (a) up to €7,000 per €100 or p art thereof ................ €3.90 (b) in respect of any value in excess of €7,000 up to €10,000, per €100 or part thereof ........ .......... €2.75 (c) in respect of any value in excess of €10,000 up to €25,000 per €100 or part thereof ................... €2.50 (d) in respect of any value in excess of €25,000 up to €100,000 per €100 or par t thereof ... ............ €1.90 (e) in respect of any value in excess of €100,000 up to €200,000, per €100 or part thereof ........... €1.20 (f) in respect of any value in excess of €200,000, per €100 or part thereof .................................... €0 .90 Provided that the fees established in sub-paragraphs (a) to (f) of this paragraph shall be inclusive of any declaration, which may be necessary, and of any decree given in a cause up to final judgement. (2) (a) In addition to the fees stated in paragraph 1, on the filing of a statement of defence, answer or other act of procedure filed in reply to a claim and intended to contest, whether totally or partially, a claim made in a Court of First Instance, the fees stated in sub-paragraph (1) of this paragraph shall also be due but shall be rebated by ......................................................... 50% (b) The amount to be paid in accordance with sub- paragraph (a) of this paragraph is to be paid not later than the day preceding the day of the first court sitting in the case, and in the event that such payment is not effected, such act of procedure shall be deemed not to have been done. (c) In computing such amount, the Registrar shall, together with the notified act concerning which the act is done, inform such person of the amount to be paid and by which date. CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 283 (d) In the case of special summary proceedings or proceedings in the Court of Magistrates or any other proceedings where the act of procedure is filed in the Court and not in the registry, the fees due shall be paid not later than the day preceding the day of the sitting following the filing of the act, and if such payment is not effected, such act of procedure shall be deemed not to have been done. (e) The provisions of sub-paragraph (c) shall not apply in the eventualities provided for in sub- paragraph (d). (3) Any counter-claim contained in any act of procedure stated in sub-paragraphs (1) or (2) of this paragraph shall be treated as if it is a new claim and the fees set out in sub-paragraphs (1) and (2) of this paragraph shall be levied on the counter claim and the reply thereto. (4) In actions for personal separation, divorce, annulment, maintenance, filiation, paternity, child abduction or custody, relating to the civil status of a person, relating to human rights or relating to general elections and in actions of possession and jactitation suits or concerning personal injury, claims for the payment of wages or claims for unjust dismissal from employment, causes respecting the execution of a promise of sale or of a promise of transfer both of movable and immovable property, causes of spoliation requesting that works be carried out under the supervision of the Court, the fees stated in this paragraph shall not apply but there shall be levied a one time fee of ............................. ... €100 (5) The fees established in sub-paragraph (1) of this paragraph shall be raised by one-third on appeal, but no fee shall be due in terms of sub-paragraph (2) of this paragraph. (6) No fee shall be payable under this paragraph for any appeal filed in terms of any other law which already provides a fee to be paid for such an appeal. (7) In the case of appeals filed in terms of any other law for which no fee is established in terms of that law, including appeals filed in terms of articles 41 and 75 of the Environment and Development Planning Act (Cap. 504), the fees established in terms of this paragraph shall not be due but there shall be levied a one-time fee of ............................. ... €120 284 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE 4 (1) When the value of a claim is uncertain or indeterminate and the fees stated in paragraph 3 cannot be applied, the value of the claim shall be assessed in accordance with the following rules: (a) In actions brought by the Government or by any Authority or Public Corporation where the claim is for the recovery of a penalty which has both a minimum and a maximum fixed by law, the value to be assessed shall be the maximum amount of the penalty fixed by law. (b) In actions concerning the partition of property whether inter vivos o r causa mortis and independently of whether the actual partition is requested or not, and in actions concerning succession, the claimant may, together with his claim, submit a list of the property the partition of which is being requested or which is involved in the succession together with a declaration, signed and attested to on oath by a perit in the case of immovables and by a competent valuer in the case of movables, certifying the valuation of such property, and the value shall be assessed on the total sum shown on such valuation: Provided that in no case shall the fee taxed be less than ..................................................... ....... €700 (c) In actions concerning th e payment of annuities, allowances and the like the fee taxed shall be ... €700 (d) In actions relating to the ranking of creditors, bankruptcy proceedings or any other adjudication upon competing claims the claimant shall together with his claim submit a valuation by a certified accountant of the assets and liabilities being the subject of the claim and the value to be assessed shall be the higher sum between the a ssets and liabilities: Provided that in no case shall the fee taxed be less than .................................................... ....... €700 CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 285 (e) In causes concerning a claim that the Court declares that plaintiff has a right to any property or on any property against another person, the claimant shall submit a sworn statement approximat ely attesting to the amount he considers claiming should his right thereto be established and the value on which the fee shall be taxed shall be such value as is declared by plaintiff: Provided that in no case shall the fee to be taxed be less than ......................................... €25 0 ( f ) I n c a u s e s w h e r e t h e c l a i m i s f o r t h e C o u r t t o declare the existence of a right of the claimant against any other person which right may reasonably be inferred to be followed by a liquidation of the amount due, even if such liquidation is not requested in the claim, the claimant shall be obliged together with his claim to submit a sworn declaration stating the approximate sum which he believes he could claim if his right is established, and the value to be assessed shall be the value declared by the claimant: Provided that in no case shall the fee taxed be less than ..................................................... ....... €700 (2) Where, notwithstanding the rules contained in sub-paragraph (1) of this pa ragraph, the value is still uncertain or indeterminate, the fee taxed shall not be less than .................................................................... €700 (3) Notwithstanding the provisions of this paragraph, if, following definitive judgement, the Court will have declared or liquidated an amount as the value of the cause and that value is determinate or shall be determined according to law and the fees due on such value are higher than the amount paid as r e g i s t r y f e e s , t h e R e g i s t r a r o f C o u r t s m a y d e m a n d the difference from the party filing the cause; and if at the end of proceedings the value shall still be undeclared or undetermined by the parties or by the said Court, the fees shall be established according to the minimum t o which there shall be added €600, saving the right which the registrar has of taxing an additional fee if and when the case may arise. 286 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE (4) Any action requesting the nullity of the issue of a precautionary or executive warrant or requesting the issue of a counter-warrant shall, independently of the act used to initiate the action, be taxed as if it were an application for the issue of a counter-warrant. (5) Action for a declaration on point of law or of fact, the taxed fee shall be .................................. ....... €650 (6) (a) Notwithstanding the provisions of paragraphs 3 and 4 and in addition to the fees mentioned in paragraph 2, for the cases instituted according to the Consumer Affairs Act and regulations made thereunder, the Competition Act and the Control of Concentrations Regulations, the taxed fee shall be that of six-hundred and fifty euro (€650). (b) In the case of appeals from judgements delivered according to the Consumer Aff airs Act and regulations made thereunder, the Competition Act and the Control of Concentrations Regulations, su b-paragraph (7) of paragraph 3 shall apply mutatis mutandis . 5 (1) In cases of compromise or discontinuance of any cause in a Court of First Instance: after contestation of the claim but before the first hearing of the cause, all fees paid in terms of paragraph 3 or 4 will be rebated by ............... 75% following the first hearing of the cause but not later than the third sitting thereof, all fees paid in terms of paragraph 3 or 4 will be rebated by . 50% following the third hearing of the cause but before the cause has been put off for judgement, all fees paid in terms of paragraphs 3 and 4 will be rebated by ............. ............. ....... 25% (2) In cases of compromise or discontinuance of a cause in a Court of Appeal the rebates established in the previous sub-paragraph of this paragraph shall be applied as well but limited only to the fees paid relative to the appeals procedure. ( 3 ) T h e f e e s s t a t e d i n p a r a g r a p h s 2 t o 4 o f t h i s Tariff shall also be due on the filing of any application to a Court to be permitted to file any statement of defence, answer or other act of procedure filed in reply to a claim and intended to contest, whether totally or partially, a claim made in a Court of First Instance or in a Court of Appeal provided that in the event of a judgement of non-suit all fees paid in terms of paragraphs 2 to 4 shall be rebated by .................................................... ............. 50% CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 287 6 (1) For every notification of an act of procedure, including expenses incurre d in the execution of such notification, the follo wing fees shall be due: (i) registry fee .......................................... €6.00 (ii) fee due to the executive officer effecting the service ............................ €1.20 Provided that if service is to be effected outside normal working hours, the fees contained in this paragraph shall be increased by 100%; and if such notification is made to the party’s legal consultant within the Court building, the fee due shall be two euro thirty-three cents (€2.33) for the full service. (2) Notwithstanding anything contained in this Tariff, if the notification of any act is to be executed personally by an executive officer of the Court, in cases where the law permits that service be effected otherwise, the following additional fees shall be due for each notification: (i) registry fee .......................................... €25 (ii) fee due to the executive officer effecting the service €7 (3) The fees established in sub-paragraph (2) shall not apply when service is to be effected personally by an executive officer of the Court in terms of any law, and in such cases the fees established in sub- paragraph (1) of this paragraph shall apply. 7 For any other act of procedure indicated in the Code of Organization and Civil Procedure but for which no fee is established in these Tariffs .........................€ 2 0 8 For the opening of the registry outside working hours: (i) registry fee .......................................... €120 (ii) fee due to attending deputy registrar ... €50 (iii) fee due to each executive officer required to effect service ..................... €35 288 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Provided that when the Superintendent of Public Health orders the closure of the court in terms of the Public Health Act, the fees established in this item shall not apply to actions mentioned in items 1 (a) and (c) of this Tariff; with the exception of actions relating to the civil status of a person, relating to human rights or relating to general elections and of actions of possession and jactitation suits or concerning personal injury, claims for the payment of wages or claims for unjust dismissal from employment; in the event that the opening of the registry is requested on any working day during the opening hours established by law. 8A There shall be charged by the Registrar of Courts, in respect of the publication of a court notice in the Gazette, irrespective of the length of such notice, a fee of four euro and sixty-six cents (€4.66). 9 (1) Unless otherwise stated, all fees due shall be paid together with the filing of the relative act and the Registrar shall not accept for filing any act of procedure which is not accompanied by the relative fee. (2) The assessment of the Registrar on the amount of fees to be paid shall be final. (3) In assessing the fees laid down in this Tariff no account shall be taken of any fraction of €1. 10 (1) The Court may, when delivering judgement, order that the plaintiff or defendant in a cause pay increased costs to the Registrar of Courts of not less than €500 and not more than €3,000 if the Court deems that the act of procedure initiating the claim or the act of procedure in reply was frivolous or vexatious or that either of the parties has unnecessarily prolonged the proceedings and in such case such sum will not be recoverable from the other party. (2) The Court may, when delivering judgement, also refer to the Commission for the Administration of Justice the advocate of the plaintiff or of the defendant if the Court deems that the advocate is responsible, wholly or partly, for the frivolous or vexatious act of procedure or for prolonging the proceedings. CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 289 11 (1) The Registrar shall cause a taxed bill of costs to be kept in the file of each cause and shall immediately enter therein all payments made to the Registrar and all payments due to the advocates and legal procurators of the par ties and the parties, their advocates and legal procurat ors shall have the right to a copy thereof at any time. (2) Within one month of the delivery of the definitive judgement, the Registrar shall cause a final taxed bill of costs to be drawn up and a copy thereof shall be sent to the parties and their advocates and legal procurators. (3) For filing any application requesting a new taxing of fees or the approval of an itemization of expenses made under this item there shall be paid a fee of ................................................................ €50 12 With respect to causes which have been presented prior to the coming into force of this Tariff the Registrar shall, on the conc lusion of that cause or on the compromise or discontinuance thereof, tax the fees due on the basis of this Tariff deducting therefrom any sums paid to date and any difference in favour of the Registrar shall be due by the party established in this Tariff: Provided that this paragraph shall not apply to any cause - (i) which, on the day of the coming into force of this Tariff, is put off for judgement; (ii) which, following the coming into force of this Tariff but not later than the 30th September 2015, is unconditionally compromised or unconditionally discontinued: Provided further that any agreement registered in the records of the cause stating that the parties have agreed to discontinue the cause and refer it to the binding decision of the Malta Arbitration Centre shall, for the purpose of this paragraph, be treated as an unconditional compromise or discontinuance: Provided further that any person acting as mandatory of another person in a cause shall, if he renounces his mandate not later than the 30th April, 2015, be liable for fees calculated in accordance with this Tariff as in force on the 31st December, 2014. 290 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Substituted by: L.N. 102 of 1980. Amended by: XIII.1983.4; L.N. 91 of 1995. Substituted by: L.N. 124 of 1996; L.N. 142 of 2000. Amended by: L.N. 197 of 2000; L.N. 8 of 2001; L.N. 277 of 2005; L.N. 290 of 2005. Substituted by: L.N. 407 of 2007. Amended by: L.N. 371 of 2011. Substituted by: L.N. 36 of 2015. Amended by: L.N. 137 of 2020. TARIFF B Fees payable in respect of Judicial Acts and Services not connected with the trial of causes in the Registries of the Superior Courts of Justice and the Courts of Magistrates in Malta and Gozo excluding the Court of Voluntary Jurisdiction € 1 For the filing of any judicial letter or judicial protest but excluding fees due for any notification required ..... €15 Provided that when the judicial letter is required in terms of articles 166A and 253(b) and (e) of Cap. 12 €30 2 For every certificate requi red to be issued by the Registrar ........................................................................ €20 3 For legalising any note required to be registered in the Public Registry .............................................................. €25 4 For the affixing of any seal of the Court where this is prescribed by law or by the Court .................................. €20 Provided that no fee shall b e d u e w h e n s u c h s e a l i s required on any judicial act. 5 For every copy, authenti cated or otherwise, for each page ............................................................................... €0.35 Provided that no fee shall be due when the copies are provided by the person filing the original act or when copies are requested of a court order. 6 For every translation requir ed by law or by the Court: registry fee .............................................................. €40 fee due to the translator or interpreter ..................... from €10 to €100 7 For every search in the archives of the Court, per individual cause ............................................................. €5 and for any copy thereof, whether authenticated or not, per page ......................................................................... €0.35 8 For the administration of a n affidavit not in connection with court proceedings .................................................. €7 9 For the lodgement of any monies in Court, for any schedule of set-off or redemption, a fee equal to ........... 2% of the money to be deposited, to be set-off or redeemed shall be levied but such fee shall not include the notification of such schedule on third parties indicated in the schedule and provid ed further that in no case shall such fee be less than .............................................. €25 Provided that when such lodgement or schedule is required by law, a fee of €25 shall be paid in lieu of the fee of 2%. CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 291 10 For the lodgement in Court of any object not being monies excluding the service of such schedule on third parties indicated in the schedule .................................... €50 11 For the searching for and inspection of any application for the withdrawal of any monies or things deposited in Court but not including the notification of such application on third parties indicated in the application and for any reply thereto ................................................ €20 12 For the opening of the registry outside working hours: (i) registry fee ................................................... €120 (ii) fee due to attending deputy registrar ........... €50 (iii) fee due to each executive officer required to effect service ................................................. €35 Provided that when the Superintendent of Public Health orders the closure of the court in terms of the Public Health Act, the fees established in this item shall not apply to actions mentioned in items 16 (a) and (c) of this Tariff; with the exception of actions relating to the civil status of a person, relating to human rights or relating to general elections and of actions of possession and jactitation suits or concerning personal injury, claims for the payment of wages or claims for unjust dismissal from employment; in the event that the opening of the registry is requested on any working day during the opening hours established by law. 13 (1) For every notificati on of an act of procedure, including expenses incurred in the execution of such notification, the following fees shall be due: (i) registry fee ................................................... €6 (ii) fee due to the executive officer effecting the service ......................................................... €1.20 Provided that if service is to be effected outside normal working hours, the fees contained in this paragraph shall be increased by 100%; and if the notification has to be made to the legal consultant of the party, the fee due shall be two euro thirty- three cents (€1) for the full service. (2) Notwithstanding anything contained in this Tariff if the notification of any act i s to be executed personally by an executive officer of the Court, in cases where the law permits that service be effected otherwise, the following additional fees shall be due for each notification: 292 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE (i) registry fee ................................................... €25 (ii) fee due to the executive officer effecting the service ......................................................... €7 (3)The fees established in sub-paragraph (2) shall not apply when service is to be effected personally by an executive officer of the Cour t in terms of any law, and in such cases the fees established in sub-paragraph (1) of this paragraph shall apply. 14 For any other act of procedure indicated in the Code of Organization and Civil Procedure but for which no fee is established in these Tariffs ........................................ €30 15 (1) All fees due shall be paid together with the filing of the relative act and the Registrar shall not accept for filing any act of procedure which is not accompanied by the relative fee. (2) The assessment of the R egistrar on the amount of fees to be paid shall be final. (3) In assessing the fees laid down in this Tariff no account shall be taken of any fraction of €1. 16 (a) In actions for personal separation, divorce, annulment, maintenance, f iliation, paternity, child abduction or custody, relating to the civil status of a person, relating to human rights or relating to general elections and in actions of possession and jactitation suits or concerning personal injury, c l a i m s f o r t h e p a y m e n t o f w a g e s o r c l a i m s f o r unjust dismissal from employment, all the fees provided for in this Tariff shall be rebated by ......... 50% The same shall apply in actions relating to the execution of a promise of sale or of a promise of transfer both of movable or immovable property. (b) No fees shall be due for any act filed by a curator ex officio acting in that capacity. CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 293 Amended by: IV .1862.21; G .N. 162 of 1917; G .N. 549 of 1939. Substituted by: L.N. 102 of 1980. Amended by: XIII.1983.4. Substituted by: L.N. 142 of 2000. Amended by: L.N. 197 of 2000; L.N. 8 of 2001. Substituted by: L.N. 407 of 2007; L.N. 36 of 2015. TARIFF C Fees payable in respect of Acts f iled in the Court of Voluntary Jurisdiction 1 For every application filed and for every answer thereto, not being an application or answer indicated in any of the following paragraphs of this Tariff ................................... €15 Provided that the above fee shall include the filing of all other acts of procedure and court services (including but not limited to the filing of all procedural acts, examination of witnesses, preparation and publication of notices, banns and edicts, copies of decrees, taxation of fees and the like) required following the initiation of proceedings through the said application up to and including the final decree but excluding any fees d u e t o r e f e r e e s o r experts appointed by the Court or any fees which the Court may be required to pay to third parties. 2 For the presentation of e very secret will ........... €50 3 For any obligation entered in the records of the Court: (i) if the value of the estate does not exceed €5,000 .................................. €50 (ii) if the value of the estate does not exceed €20,000 ....... ................ ......... €80 (iii) if the value of the estate does not exceed € 100,000 ....... ................ ...... €200 (iv) if the value of the estate exceeds €100,000 ...... ............. ............. ......... €300 4 For every report on a reference as to the taxation of fees: (i) registry fee ...................................... €50 (ii) fee due to the referee appointed by the Court .......................................... €120 Provided that the Court may order that a higher fee be paid to the referee appointed by the Court if it deems that the work involved so warrants. 5 For the examination of accounts: (i) registry fee ...................................... €70 294 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE (ii) fee due to the expert appointed by the Court ................................................. €250 Provided that the Court may order that a higher fee be paid to the expert appointed by the Court if it deems that the work involved so warrants. 6 For every curatorship in cases of discharge or in connection with edicts: (i) registry fee ...................................... €20 (ii) fee due to the curator appointed by the Court ................................................. €50 Provided that the Court may order that a higher fee be paid to the curator appointed by the Court if it deems that the work involved so warrants. 7 For the opening of the registry outside working hours: (i) registry fee ...................................... €60 (ii) fee due to attending deputy registrar €25 (iii) fee due to each executive officer required to effect service ................. €15 8 (1) The fees stated in paragraphs 1 to 5 of this Tariff are inclusive of the filing of any subsequent act of procedure, transport expenses for court executive officers, the filing of valuations or reports by Court appointed experts, the publication of banns and notices in the Government Gazette and any other court service in connection thereto and which is not specifically excluded by this Tariff. (2) The fees stated in paragraphs 1 to 5 of this Tariff do not include fees and expenses due to Court appointed experts and to third parties, which fees and expenses shall be taxed separately. 9 For any other service or act of procedure indicated in the Code of Organization and Civil Procedure but for which no fee is established in these Tariffs ................................................. ..... €15 Provided that fees for services or acts not specifically provided for in this Tariff but provided for in other Tariffs shall be taxed according to those Tariffs but rebated by .......... 75% CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 295 10 (1) For every notification of an act of procedure, including e xpenses incurred in the execution of such notification, the following fees shall be due: (i) registry fee ...................................... €2.50 (ii) fee due to the executive officer effecting service .............................. €0.60 (2) Notwithstanding anything contained in this Tariff, if the notification is to be executed personally by an executive officer of the Court in cases where the law permits that service be effected otherwise, the following fees shall be due for each notification: (i) registry fee ...................................... €25 (ii) fee due to the executive officer effecting the service ........................ €5 (3) The fees established in sub-paragraph (2) shall not apply when service is to be effected personally by an executive officer of the Court in terms of any law, and in such cases the fees established in sub-paragraph (1) of this paragraph shall apply. (4) In the case of circul ar letters requested by law the above fees shall be reduced by .............. 50% 11 (1) All fees due shall be paid together with the filing of the relative act and the Registrar shall not accept for filing any act of procedure which is not accompanied by the relative fee. ( 2 ) T h e a s s e s s m e n t o f t h e R e g i s t r a r o n t h e amount of fees to be p aid shall be final. (3) In assessing the fees laid down in this Tariff no account shall be taken of any fraction of €1. 12 No fees shall be due under this Tariff for any act filed by a curator or by a voluntary organization, enrolled in the Register of V oluntary Organisations under the V oluntary Organisations Act, upon the filing of an application under the Protection of Minors (Registration) Act. 296 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Amended by: VII.1880.10; G .N. 340 of 1916; G .N. 393 of 1934; G .N. 249 of 1941; G .N. 653 of 1942; G .N. 139 of 1949. Substituted by: L.N. 78 of 1971; L.N. 102 of 1980. Amended by: XIII.1983.4. Substituted by: L.N. 3 of 1986. Amended by: L.N. 28 of 1988; VIII.1990.3; L.N.116 of 1992; L.N. 91 of 1995. Substituted by: L.N. 124 of 1996; L.N. 142 of 2000. Amended by: L.N. 197 of 2000; L.N. 8 of 2001; L.N. 277 of 2005. Substituted by: L.N. 407 of 2007. Amended by: L.N. 371 of 2011; L.N. 79 of 2012. Substituted by: L.N. 36 of 2015. Amended by: XLV .2016.6; Amended by: LII.2016.37; L.N. 137 of 2020. TARIFF D Fees payable in respect of Precaut ionary and Executive Acts and Judicial Sales by Auction in the Registries of the Superior Cou rts of Justice and the Courts of Ma gistrates in Malta and Gozo excluding the Court of Voluntary Jurisdiction € 1 For the filing of a warrant of prohibitory injunction: (i) registry fee .............................................. € 150 (ii) fee due to the executive officer required to effect service, for each notification ..... €7 2 For the filing of a warrant of impediment of departure for children €60 fee due to the executive officer required to effect service, for each notification ................ €7 3 For the filing of a ny other warrant: (i) registry fee .............................................. €50 (ii) fee due to the executive officer required to effect service, for each notification ..... €7 4 For the filing of any counter-warrant: (i) registry fee .............................................. € 20 (ii) fee due to the executive officer required to effect service, for each notification ..... €7 5 (1) (a) For the filing of any application for a judicial sale by auction of immovable property including an application to re-appoint a judicial sale by auction which has been suspended: (i) registry fee .............................................. € 200 (ii) fee due to the executive officer required to effect service, for each notification ..... €7 (b) For filing any applicat ion for a ju dicial sale by auction of movable property, including an application for the re-appointment of a judicial sale by auction which had been suspended: (i) registry fee .............................................. € 65 (ii) fee due to the executive officer required to execute the notification, for each notification ............................................. €7 CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 297 (c) No fee shall be levied for the suspension of a judicial sale by auction or for the re- appointment of a judicial sale by auction, the suspension of which was due to any notification required by law not having been effected or which has been suspended by the court following the request of the debtor. (2) The fees due in accordance with sub-paragraph (1) shall include all services, fees and expenses required up to the sale itself , except for fees due for the service of any judicial act, which fees shall be taxed separately. (3) For the storage in Government property of any movable to be sold by auctio n, per day ........................ . €30 Provided that the applicant shall, together with the filing of the application for the judicial sale by auction, deposit a sum equivalent to seven days’ storage which sum shall be adjusted following the adjudication of the sale or on its suspension. (4) For the adjudication of any movable or immovable following a judicial sale by auction, for every €100 ...... 1% Provided that in no case shall the fee levied be less than €120 Provided further that when a licensed auctioneer or broker performs the auction, such licensed auctioneer or broker shall be pai d the following fees: (a) in the case of an auction of immovable property, of rights annexed to such immovable property, of ships and of commercial going concerns .............. zero point two per cent of the price of the item sold, solely from the applicant on whose demand the judicial sale is made; and (b) in the case of an auction of movable items ................. z e r o p o i n t o n e p e r c e n t o f t h e p r i c e o f t h e i t e m sold, solely from the applicant on whose demand the judicial sale is made: 298 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Provided further that the parties may, in writing, agree that the licensed auctioneer or broker, as the case may be, be paid different fees, not being less than those provided for in paragraphs (a) and (b), and in such proportions as they may so agree in writing. 6 For the opening of the regis try outside working hours: (i) registry fee .............................................. €120 (ii) fee due to attending deputy registrar ....... €50 (iii) fee due to each executive officer required to effect service ....................................... €35 Provided that when the Superintendent of Public Health orders the closure of the court in terms of the Public Health Act, the fees established in this item shall not apply to actions mentioned in items 11 (a) and (c) of this Tariff; with the exception of actions relating to the civil status of a person, relating to human rights or relating to general elections and of actions of possession and jactitation suits or concerning personal injury, claims for the payment of wages or claims for unjust dismissal from employment; in the event that the opening of the registry is requested on any working day during the opening hours established by law. 7 (1) Subject to sub-paragraph (2) of this paragraph, the f e e s s t a t e d i n p a r a g r a p h s 1 t o 4 o f t h i s T a r i f f a r e inclusive of all expenses and services required in connection with the execution of the relative act of procedure, any police assistance which the executive officer may require in executing the act, the filing of valuations or reports by Court appointed experts and the publication of banns a nd notices in the Gazette. (2) The fees stated in paragraphs 1 to 4 of this Tariff do not include fees and expenses due to Court appointed experts and to third parties which fees and expenses shall be taxed separately. 8 For any other act of procedure indicated in the Code of Organization and Civil Procedure but for which no fee is established in these Tariffs ....................................... €20 CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 299 9 For every notification, not previously mentioned in this Tariff, of an act of procedure, including expenses incurred in the execution of such notification, the following fees shall be due: (i) registry fee .............................................. €7 (ii) fee due to the executive officer effecting the service ............................................... €2.3 5 Provided that if service is to be effected outside normal working hours, the fees contained in this paragraph shall be increased by 100%. 10 Notwithstanding anything contained in this Tariff if the notification is to be exe cuted personally by an executive officer of the Cou rt in cases where the law permits that notification be effected otherwise, the following fees shall be due, for each notification: (i) registry fee .............................................. € 25 (ii) fee due to the executive officer effecting the service ................................................... ... €7 11 (a) In actions for personal separation, divorce, annulment, maintenance, filiation, paternity, child abduction or custody, relating to the civil status of a person, relating to human rights or relating to general elections and in actions of spoliation or concerning personal injury, claims for the payment of wages or claims for unjust dismissal from employment, actions of possession and jactitation suits and actions in respect of the execution of a promise of sale or of a promise of a transfer both of movable or immovable property, all the fees provided for in this Tariff shall be rebated by ......... 50% (b) No fees shall be due for any act filed by a curator ex officio acting in that capacity. 11A For the filing of any warrant issued for the purpose of enforcing a decision of the Consumer Claims Tribunal, all the fees provided for in this Tariff shall be rebated by ................................................. .......... 50% 12 (1) All fees due shall be paid together with the filing of the relative act and the Registrar shall not accept for filing any act of procedure which is not accompanied by the relative fee. (2) The assessment of the Registrar on the amount of fees to be paid shall be final. (3) In assessing the fees laid down in this Tariff no account shall be taken of any fraction of €1. 300 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE 13. Fees for the approval by the Court of sales in accordance with Sub-Title V of Title VII of Part I of Book Second (Of Cour t Approved Sales of Ships, Vessels and Aircraft) - there shall be paid a registry fee, calcula ted on the sale value of the asset being sold: Amended by: VII.1856.4,5,6,7; IV .1868.15; G .N. 136 of 1919; G .N. 137 of 1919; G .N. 475 of 1929; G .N. 393 of 1934; G .N. 653 of 1942. Substituted by: L.N. 7 of 1968. Amended by: L.N. 9 of 1968; L.N.78 of 1971. Substituted by: L.N.102 of 1980. Amended by: XIII.1983.4; L.N. 3 of 1986; L.N. 1 of 1987. Substituted by: L.N. 121 of 1996. Amended by: L.N. 154 of 1996; XXXI.2002.194; L.N. 277 of 2005; L.N. 290 of 2005; XXII.2005.75. Substituted by: L.N. 407 of 2007. Amended by: XXIII.2009.15; L.N 371 of 2011; L.N. 224 of 2014. TARIFF E Fees payable to Advocates, Legal Procurators and Official Curators (4) For filing any application requesting a new taxing of fees or the approval of an itemization of expenses made under this article there shall be paid a fee of ....................................................................... €50". On the first Euro 1,000,000 1% From Euro 1,000,001 to Euro 5,000,000 0.5% From Euro 5,000,001 to Euro 10,000,000 0.1% Above Euro 10,000,000 0.01% € 1. (a) For each note of acceptance of banns and for each protest against the sufficiency of a bail for costs, even if such protest is not filed separately ....... 11.6 5 (b) For each note required to be filed under the provisions of the Commercial Code .......................... 11.65 (c) For every note of submission filed in any court, ............................................................... ...... from 46.59 to 232.94 2. (a) For each application for summoning of witnesses ..................................................... ............. ( b ) For each first application for sale of immovables (including research in the Public Registry, the ordering of certificates of hypothec, and perusal of relative deeds . .......................... from 23. 29 to 69.88 (c) For any other application .................... from 11.65 to 58.23 (d) For any application filed after office hours or on a Sunday or public holiday, there shall be taxed an additional fee of ............................................. .......... 58.23 3. For each application filed in the Court of V oluntary Jurisdiction: (i) if it concerns the admission of minors to an industrial school or to an approved school .................. 6.99 CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 301 (ii) if it concerns the candidature in a marriage legacy or the renewal of an authorisation previously given, or the taxing of fees ..................... 11.65 (iii) in all other cases (including notes of acceptance or waiver of an inheritance) ................................. 23.29 Provided that an additional fee shall be taxed when the drawing up of the application, and/or the preparation and/or the f iling of the relative documents, entails more work than is ordinarily required. 4. For each attendance duri ng sittings before the Court of V oluntary Jurisdiction ............................... . 23.29 5. ( a) For each lodgment schedule, even if such lodgment is made with or following a schedule of redemption: (i) when the value does not exceed €465.87 ......... .............. ............... 11.65 (ii) when the value exceeds €465.87 the fee shall be increased by one per centum (1%) for every additional €100 or part thereof; (b) For each schedule of s et-off or redemption: (i) when the value does not exceed €465.87 ......... .............. ................ 11.65 ( i i ) w h e n t h e v a l u e e xceeds €465.87 the fee shall be increased by one per centum (1%) for every additional €100 or part thereof. These fees are inclusive of advice concerning the right to claim set-off or exercise redemption. 6. (a) For the drafting of a judicial letter, whether filed or not .................................................. ............. 23.29 (b) For the drafting of a ju dicial protest, whether filed or not .................................................. ............. 23.29 (c) For the drafting of an affi davit .............. from 4.66 to 34.94 Provided that any judicial letter filed under articles 166A and 253( b) and ( e) of Chapter 12 where such judicial letter becomes an executive title, the fee shall be 40% of the amount fixed in article 13, however where a note of admission of the claim is filed such fee shall be reduced to 30%. 7. For the drafting of each hypothecary protest 23.29 € 302 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Provided that a fee shall be assessed for the perusal of entries of hypo thec and of relative deeds, taking into consideration the number of entries and deeds perused, their importance and/or the amount involved ........................................................... from 23.29 to 69.88 8. For every attendance, bef ore a referee or before a judicial assistant and for every attendance at an inspection in faciem loci, whether ordered by the court or required by the client: (i) if the attendance does not last more than one hour and a half ...... 23.29 (ii) if it lasts more than one hour and a half, and provided this circumst- ance is expressly noted in a procès-verbal signed by the referee, the judicial assistant or the deputy registrar, as the case may be, the fee shall be increased by €23.29 in respect of each additional hour or part thereof. 9. When the attendance referred to at paragraph 8 takes place outside Valletta, the fee shall be .............. 27 .95 10. If the attendance referred to in the last preceding paragraph lasts more than one hour and a half, and provided this circumstance is expressly noted in a procès-verbal signed by the referee the judicial assistant or the deputy registrar, as the case may be, the fee shall be increased by €23.29 in respect of each additional hour or part thereof. 11. (1) For drafting or perusal of a deed for publication by a notary public, which includes fees due for advice, research into liabilities and transfers, tracing of root of immovables, and attendance at publication: if the value of the interest concerned - (i) does not ex ceed €465.87 ........ from 11.65 to 23.29 (ii) exceeds €465.87 but does not exceed €6,988.12 per €100 or part thereof ................................. 4.66 (iii) exceeds €6,988.12 but does not exceed €58,234.33 per €100 or part thereof in respect of such excess .......................................... 2.33 € CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 303 (2) When, in connection with the drafting or perusal of a deed to be published by a notary public, an advocate does not perform all the services referred to in sub-paragraph (1) of this paragraph, the fee therein established shall be assessed in proportion to the services performed unless the advocate assumes the professional responsibility for the deed, in which case the fee established in that sub-paragraph shall be due. (3) If the value of the interest concerned exceeds €58,234.33 or if the value of the interest concerned is not expressed in money there shall be no Tariff. 12. To curators appointed to attend at publication of a deed on behalf of absentees or defaulters for attendance and for perusal of the deed, and to any person who in virtue of a right vested in him by the court in terms of the Merchant Shipping Act , transfers any ship o r share therein .................... from 69 .88 to 582.34 13. For each definit ive judgment: (i) in respect of the first €1,164.69 or part thereof .................................. 46.59 minimum of 10% whichever is the greater (ii) in respect of any value in excess of the first €1,164.69 up to €23,293.73 per € 232.94 .............. 6.99 (iii) in respect of any value in excess of €23,293.73 per €232.94 .......... 2.33 Provided that in respect t o the claims referred to in No. 7 ( b) of Tariff A, the fee shall be taxed on one- half of the maximum fixed by law for the penalty contemplated therein. 14. When a declaration containing a decision of any point of law or of fact concerns a value determinate or determinable according to law or from the records of the proceedings, the fee in respect of that decision shall be taxed in accordance with paragraph 13, on the value so determined. 15. ( a) For any other necessary declaration containing the decision of any point of law or of fact ..........................................................................from 23.29 to 232.94 € 304 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE (b) For each definitive ju dgement in a cause for a remedy under Chapter IV of the Constitution o r under Chapter 319 or where the annulment of an administrative act is demanded in terms of contestation of article 469A of Chapter 12, or for the contestation of a claim in terms of article 466 of Chapter 12, or for the contestation of a seizure under Chapter 37, or for the payment or refund of a tax, levy, or duty or for appeals filed in terms of articles 41 and 75 of the Environment and Development Planning Act (Cap. 504) ................................... from 46.59 to 698.81 16. In causes for the partition of property, independently of the number of demands contained in the application there shall be taxed only one fee ad valorem as in paragraph 13 on the greater sum between the assets and the liabilities of the property to be divided - provided that in causes of partition of property causa mortis such fee shall be taxed on the value established as above of each particular estate to be divided between the parties, saving that such fee shall in no case be less than ...................................... 116.47 17. In causes for the partition of property where the partition of all property involved cannot be carried out except by way of licitation, provided that such a demand is made in the application and upheld in the final judgment, the fees due to each advocate in the cause shall be taxed at the rate of one per centum (1%) on the value of the property in licitation provided that in no case shall such fee be more than that assessed according to paragraph 13 or less than .. 116.47 18. In actions respecting th e payment of annuities, allowances and the like, if the amounts be indeterminate, the fee shal l be taxed as provided in paragraph 13 on the amount awarded in the final judgment, provided that in no case shall such fee be less than ..................................................... .............. 116.47 19. In actions of maintenan ce, the fee shall be one half per centum (½%) on the amount of maintenance payable under the judgment for a period of ten years, provided that if the order refers to provisional maintenance the fee shall be ............................. from11.65 to 34.94 20. In actions of filiation, in other actions concerning the status of individuals and in actions relating to the separation or divorce of married persons irrespective of the number of declarations involved, but saving the fee in respect of any decision on any point of law or of fact which concerns a value determinate or determinab1e, there shall be allowed a fee ....................................... from 81.53 € CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 305 to 174.70 21. In actions relating to the ranking of creditors, the minimum fee shall be ...................................... .... 116.47 Provided that - (i) when there is contestation of the claim either as to the amount or as to ranking the fee shall be as at paragraph 13; (ii) where there is admission of the claim, but such claim does not result from a previous executive title, the fee shall be as at paragraphs 28, 29, 30 and 31, as the case may be. 22. To the advocate of the party making the lodgment there shall be allowed the fee of ................ 23.2 9 But if there be contestation as to the amount lodged, the provisions contained in paragraph 13 shall apply. 23. In bankruptcy or insolvency proceedings, where there is no contestation concerning the proof of a claim, the fee in respect of that proof of a claim shall be that establis hed for a declaration. 24. In any other action of adjudication upon competing claims, referred to in article 428 of the Code of Organization and Civil Procedure, there shall be taxed a fee as provided in paragraphs 13, 18 and 36. 25. In causes concerning the validity of a redemption or the implementation of a promise of conveyance, the value in the cause for purposes of paragraph 13 shall be the value of the property redeemed or of which the conveyance was promised. 26. For each decree in the cause ............. ...... from 11.65 to 116.47 27. In case of judgments of non-suit, if the judgment is given on pleas touching the principal merits of the cause, there shall be allowed to the advocate the fee establishe d in paragraph 13; in any other case one-half of the fee aforesaid shall be allowed. 116.47 28. W h e r e a c a u s e i s d i s c o n t i n u e d i n f i r s t o r i n second instance: (i) after the applicat ion has been filed, there shall be allowed to the advocate of the plaintiff one-third of the fee established in paragraph 13 when the cause is taxable ad valorem ; € 306 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE ( i i ) a f t e r t h e s t a t e m e n t o f d e f e n c e o r the answer has been drafted, there shall be allowed to the advocate of the defendant one-third of the fee established at paragraph 13 when the cause is taxable ad valorem . 29. In case of compromise or discontinuance at any other stage of the proceedings subsequent to contestation but prior to the hearing of the cause, or in case of admission at any stage prior to the commencement of the hearing, there shall be allowed one-half of the fees established at paragraph 13 when the cause is taxable ad valorem. 30. If the compromise or discontinuance or admission takes place after the commencement of the hearing of the cause, two-thirds of the fee established in paragraph 13 shall be allowed when the cause is taxable ad valorem. 31. If the compromise or discontinuance or admission takes place after the cause has been adjourned for judgment, the whole fee established in paragraph 13 shall be allowed, when the cause is taxable ad valorem . 32. (a) If more than one advocate is briefed by the same party in the same action, each of the advocates shall be entitled to the whole of the established fee: Provided that the party in whose favour the head of costs is decided, although he may have briefed more than one advocate, shall not be entitled to claim from the party cast mo re than one whole fee. (b) Where there are two or more plaintiffs or two or more defendants to a suit, each of the parties is entitled to have his own advocate or advocates even if the merit is similar in respect of all the plaintiffs or in respect of all the defendants; and the party ordered to pay the costs shall be bound to pay the proper fees of all the advocates on the prevailing side so long as no one party claims costs in respect of more than one advocate. 33. If an advocate abandons or is abandoned by his client: (i) after the application or the answer has been filed, he shall be entitled to one-third of the normal fee; (ii) after the above stages but before the cause has been adjourned for judgment, he shall be entitled to two-thirds of the normal fee. € CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 307 34. The fee due to an advocate whose services have been engaged after the former one has been abandoned by or has abandoned his client before the cause is concluded shall be equal to the difference between the full fee and the fee taxed to the former advocate. The fee due to a third and subsequent advocate shall always be on e-third of the full fee. 35. In every case covered by paragraphs 33 and 34, the party engaging the services of more than one advocate, one after the other, who happens to be on the prevailing side, cannot claim from the party cast more than one whole fee. 36. The fees due to advocates in connection with professional services req uiring written pleadings, other than those referred to in paragraph 6, if such pleadings have been prepared but not filed shall be those established in paragraph 15. 37. In connection with professional services at paragraphs 13, 14, 27 to 31, 33 and 34 the minimum fee shall be €46.59. 38. On appeal the fees laid down in paragraphs 13 to 36 inclusive, shall b e increased b y one-third. 39. In regard to causes before the Court of Magistrates (Gozo) in its s uperior jurisdiction, there shall be taxed the same fees established in respect of causes before the superior courts and the provisions contained in paragraph 38 of this Tariff shall also apply. 40. Legal procurators shall receive one-third of the fees established by this Tariff for advocates as regards those judicial acts which bear their signature together with that of an advocate, and as regards services at paragraphs 7 and 8. No fees however are taxable to them for any of the services mentioned under the proviso to paragraph 3. For those judicial acts which do not require also the signature of an advocate and which are signed only by a legal procurator, the fee shall be as that due to an advocate. 41. (a) The fees of official curators shall be those established in this Tariff. (b) Official curators when served with a copy of a judicial act, in c onnection with which they are not expected to file any writt e n p l e a d i n g , s h a l l b e entitled to the same fee due to an advocate and legal procurator for the same judicial act. 42. An additional fee of €58.23 shall be taxed for every attendance, when an advocate is required to appear before any superior court for any pleadings at an hour when the registr y is ordinarily closed. € 308 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE 43. Advocates and legal procurators, when required to appear before the Court of Magistrates (Malta), or before the Court of Magistrates (Gozo) in its inferior jurisdiction, shall be entitled to the following fees: (a) For every decision of any point of law or of fact contained in a judgment: Where the amount in issue does not exceed €1,164.69 ..................................................... 46.59 or 10% whichever is the greater in respect of any value in excess of €1,164.69, per €100 ..................................... 3.00 (b) Where the cause is admitted, compromised or discontinued at any stag e of the proceedings the provisions of paragraphs 28 to 31 shall apply. (c) For the drawing up of an application or notice, the filing of which has not t aken place .... ............ ...... 2 3.29 (d) For each subpoena and relativ e application ...... 6.99 (e) For every warrant, counter -warrant, application or note of consent ............................................ ......... 11.65 (f) For each lodgme nt schedule: where the value does not exceed €465.87 11.65 where the value exceeds €465.87 but not €2,329.37 an additional fee of 1% of the excess shall be paid. (g) For a note of registration of a judgment or of any other executive title ..................................... ...... 11.65 (h) For each attendance before a referee or a judicial assistant a nd for each attendance in faciem loci .......................................................................... 23.29 (i) For each attendance before a court required for the hearing of a cause at an hour when the registry is ordinarily closed but not during an ordinary sitting, or on a Sunday or public holiday, in addition to the fees mentioned in this paragraph, an additional fee of €23.29 shall be taxed in r espect of each attendance. 44. ( a) Fees taxable to advocates who are appointed as legal referees for each opinion dealt with in the report shall be up to a maximum of €116.47 for each legal point decided. Any calculation or computation of an amount to be awarded as damages or compensation by the courts shall be deemed to be an opinion, and the maximum fee taxable for such an opinion shall be €232.94. The criterion shall be that of the work involved and never the amount assessed b y the legal referee. (b) The above fees shall also apply to advocates who are appointed to report to the Court of V oluntary Jurisdiction and for th e revision of accounts rendered. € CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 309 45. For every copy required to be filed with the original, for service as laid down in sub-article (2) of article 174 of the Code of Organization and Civil Procedure .............................................................. ... 4.66 46. In every case where a fluctuating fee is i n d i c a t e d i n t h i s T a r i f f b y a m i n i m u m a n d a maximum, the fee payable in a particular instance shall be established by the registrar, according to the criteria set out in the Code of Ethics and Conduct for Advocates: Provided that in the taxation of fees due to any lawyer who has rendered professional services to a p e r s o n a d m i t t e d t o t h e b e n e f i t o f l e g a l a i d t h e f e e shall always be asse ssed at the minimum: Provided further that all such fees so assessed shall be subject to revision by the competent Court at the instance of any perso n interested in accordance with the provisions of article 64 of the Code of Organization and Civil Procedure . 47. ( a) The foregoing provisions of this Tariff shall not prohibit an Advocat e or a Legal Procurator and his client, from agreeing on a fee, or the basis on which the fee is to be determined which is different from that established by this Tariff, and in any such case the agreed fee or basis for determining it, not being a basis prohibited by law, shall apply, subject to the provisions of the following sub-paragraphs: Provided that in any case, an Advocate or a Legal Procurator shall inform his client of the applicable fee or the basis on which the fee is to be determined before the service is provided. (b) Nothing contained in sub-paragraph ( a) of this paragraph shall affect the taxing of fees as between the parties to judicial acts or proceedings or in respect of any extra-judici al work by advocates or legal procurators to be paid by the other party, which shall be regulated exclusi vely in accordance with the foregoing paragraphs of this Tariff. (c) Notwithstanding sub-paragraph ( a) of this paragraph it shall not be l awful for any advocate to fix by agreement his fees in an amount higher or lower than those fixed in this Tariff in respect of any matters arising under Chapter IV of the Constitution , Book First of Cap. 16, Cap. 5, Cap. 255 and Cap. 319 of the Laws of Malta; and in respect of deeds for the transfer of immovable prope rty where the value does not exceed €58,234.33. € 310 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE TARIFF F Amended by: IV .1862.22; IV .1905.7. Substituted by: L.N. 7 of 1968; L.N. 102 of 1980. Amended by: XIII.1983.4. Substituted by: L.N. 121 of 1996. Fees allowed to Supplementar y Judges and Supplementary Magistrates (Deleted by XXXI.2002 .195.) (d) A fee charged by an advocate under an agreement as is mentioned in sub-paragraph ( a) of this paragraph shall be subject to review by the Committee for Advocates and Legal Procurators established by the Commission for the Administration of Justice Act (Cap. 369) on the request of the client filed within one month from the date of the agreement. (e) The said Committee may reduce the fee charged as aforesaid if, in the light of the relative criteria stipulated in the respective Codes of Ethics and Conduct for Advocates and for Legal Procurators, the Committee considers the fee to be unreasonable. (f) For the purposes of this paragraph, an agreement concerning fees shall be in writing. 48. ( a) A fee charged by an advocate or a legal procurator in respect of any matter not covered by this Tariff shall be subject to review by the Committee for Advocates and Legal Procurators on the request of the client filed within one month from the date of the agreement or , if there is no agreement, from the date of the advocate’s or legal procurator’s note of fees. (b) The said Committee may reduce the fee charged as aforesaid if, in the light of the relative criteria stipulated in the respective Codes of Ethics and Conduct for Advocates and for Legal Procurators, the Committee considers the fee to be unreasonable. € CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 311 Amended by: VII.1856.8,9; IV .1862.23; XXXI.1934.82. Substituted by: L.N. 102 of 1980. Amended by: XIII.1983.4; L.N. 407 of 2007. TARIFF G Fees payable to Accounta nts and other Referees € 1. The fee payable to accountants shall be taxed at one per centum (1%) on the amount of the subject matter of the references, subject to a minimum of €11.65 and a maximum of €2,329.37 2. To other experts, for any valuation: on the first €1,164.69 or part thereof ................. 11.65 on any further amount over €1,164.69, for every €100 or part thereof ....................................... 1.0 0 Provided that the fee shall in no case exceed €1,164.69. 3. The fees prescribed in the preceding numbers of this Tariff shall include the remuneration for making the report, accounts and statements, for holding sittings, and for attendance in court and elsewhere where necessary, but they shall not include the expense necessary for carrying out the reference. 4. Where, owing to the special circumstances of the case, it appears to be just that, besides the fees above established, an additional fee be allowed to the referee or expert, it shall b e in the power of the court, upon hearing the parties interested, to allow such additional fee at its discretion. Any such additional fee may be determined beforehand by the court in the decree appointing the referee or expert or by separate decree, but in no case otherwise than be decree. 5. The taxation made by the registrar may be appealed against by any referee or party in the manner prescribed under article 667 of the Code of Organization and Civil Procedure . 6. Fees due to taxing experts in the Court of V oluntary Jurisdiction shall be regulated in accordance with No. 13 of Tariff C. 312 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Added by: G .N. No. 549 of 1939. Amended by: G .N. No. 653 of 1942. Substituted by: L.N. 7 of 1968; L.N. 102 of 1980. Amended by: XIII.1983.4. Substituted by: L.N. 121 of 1996; L.N. 142 of 2000; L.N. 407 of 2007; L.N. 36 of 2015. TARIFF J Fees payable in connection wit h Sea Protests or proceedings concerning Average 1 For the procedures required following the filing of any application regarding sea pr otests or for proceedings touching average up to the filing of the report: € (i) registry fee ............................................... €200 (ii) fee due to the advocate ............................ €240 (iii) fee due to the judge delegate ...... .............. €120 (iv) fee due to the deputy registrar .................. €60 (v) fee due to the translator, if required ......... €60 (vi) fee due to the clerk transcribing the protest and depositions, if required .......... €50 (vii) fee due to the executive officer of the Court ....................................................... €3 5 2 When the sea protest is drawn up outside the edifice of the Law Courts the fees stated in paragraph 1 of this Tariff shall be increased by .......................................... 25% Provided that if the sea protest is drawn up on board a s h i p l y i n g o u t s i d e a h a r b o u r t h e f e e s s t a t e d i n paragraph 1 of this Tariff shall be increased by ........... 50% 3 Where the sea protest is drawn up at any time after 4.00pm and before 9.00am the fees set out in paragraph 1 of this Tariff shall be increased by ........... 50% 4 (1) The sea-protest shall be drawn up in English. (2) An interpreter shall be employed when the declaration is made or the evidence given in a language with which the judge is not conversant. CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 313 Amended by: G .N. No. 203 of 1920; G .N. No. 78 of 1929. Substituted by: L.N. 7 of 1968. Amended by: XIII.1983.4; L.N. 1 of 2000; XVIII.2002.10; XXXI.2002.196. Substituted by: L.N. 407 of 2007. Amended by: XXIII.2009.16; L.N. 447 of 2010. TARIFF K Fees payable to Periti 1. Survey of Lands (a) Survey without the submission of a plan showing boundaries only: Level Land Terraced Land or Level Land with trees and/ or other obstacles Terraced Land with trees and/ or obstacles €€€ If the area does not exceed 4496 sq. metres ................. 9.32 11.65 13.98 If the area exceeds 4496 sq. metres but does not exceed 8992 sq. metres ................. 16.31 20.96 23.29 If the area exceeds 8992 sq. metres but does not exceed 13488 sq. metres ................ 23.29 30.28 37.27 If the area exceeds 13488 sq. metres but does not exceed 17984 sq. metres ................. 34.94 41.93 51.25 If the area exceeds 17984 sq. metres but does not exceed 26976 sq. metres ................. 46.59 53.58 69.88 If the area exceeds 26976 sq. metres, for each addition- al 1124 sq. metres or part thereof there shall be added .................. 1.75 2.33 2.91 (b) Survey with detailed plan: (i) If the area does not exceed 8992sq. metres, the fees specified in sub- paragraph (a) shall be increased by €2.33 per 1124 sq. metres or part thereof. 314 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE (ii) If the area exceeds 8992 sq. metres, the fees specified in sub- paragraph (a) shall be increased by €2.33 per 1124 sq. metres in respect of the first 8992 sq. metres and by €1.16 in respect of each additional 1124 sq. metres or part thereof. (c) Survey of streets including plans showing outlines: In this sub-paragraph the word “street” means any street and includes any road, alley, square or other place of public passage. For every 46 metres or par t thereof of the length of the street shown in the p lan ............................... ... €4.66 (d) Levels: Where spot levels with or without contours are required the fees payable under sub-paragraphs ( a), (b) and ( c) shall be increased by: 150% if levels are taken at intervals of ........................ 1.5 metres 100% if levels are taken at intervals of ........................ 3 metres 90% if levels are taken at intervals of ........................... 6 metres 80% if levels are taken at intervals of ........................... 9 metres 70% if levels are taken at intervals of ........................... 12 metres 60% if levels are taken at intervals of ........................... 15 metres 50% if levels are taken at intervals of ........................... 18 metres 40% if levels are taken at intervals of ........................... 21.5 metres 30% if levels are taken at intervals of .......................... 24.5 metres 20% if levels are taken at intervals of ........................... 27.5 metres 10% if levels are taken at intervals of ........................... 30.5 metres 2. Survey and Plotting of Buildings (a) Buildings of simple disposition and regular in plan: (i) if of not more than 6 areas ............ €5.82 (ii) if of more than 6 areas, the above fee shall be increased by €1.16 in respect of each additional area. (b) Buildings with i rregular walls: The fees specified in sub-paragraph ( a) shall be increased by fifty per centum (50%). Note: The above fees shall be in respect of one floor only. For the survey and plotting of each other floor the fees shall be reduced by fifty per centum (50%). CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 315 (c) Buildings of a sp ecial character: For every 9 square metres or part thereof of the gross area .................................................... ..... €0.58 3. Plans of Building Sites and Relative Division into Building Plots For surveying a building site, preparing detailed plans and dividing the site into building plots: (i) if the area does not exceed 878 sq. metres €11.65 (ii) if the area exceeds 878 sq. metres, for every additional 439 sq. metres or part ther eof €6.99 4. Measurements of Excavations and Embank- ments Up to 14 cubic metres, per 3 cubic metres or part thereof ....................................................... .............. €1.40 Over 14 and up to 28.5 cubic metres, per 3 cubic metres or part thereof ........................................ ....... €1.11 Over 28.5 cubic metres, per 3 cubic metres or part hereof €0.82 5. Measurement of Works or Preparation of Bills of Quantities (a) For measurement of wor k including pricing 2% (b) For detailed bills of quantities by trade including pricing 2½% (c) For measurement of works and pricing which require calculations other than the measurement of actually existing quantities and the assessment of the relative prices ............................................... ............ 3% 6. Valuations (a) Rural property If the value does not exceed €232.94 .......... ........... €6.99 If the value exceeds €232.94 but not €465.87 ........ €9.08 If the value exceeds €465.87 but not €698.81 ........ €11.88 If the value exceeds €698.81 but not €931.75 ........ €13.98 If the value exceed s €931.75 but not €1, 164.69 ..... €16.07 If the value exceeds €1,164. 69 but not €1,3 97.62 .. €17.47 If the value exceeds €1,397. 62 but not €1,6 30.56 .. €18.87 If the value exceeds €1,630. 56 but not €1,8 63.50 .. €20.27 If the value exceeds €1,863. 50 but not €2,0 96.44 .. €21.66 If the value exceeds €2,096. 44 but not €2,3 29,37 .. €23.06 316 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE If the value exceeds €2,329,37 the fee shall be increased by €0.30c per €100 or part thereof. (b) Urban property If the value does not exceed €232 .94 ......... ........... €6.99 If the value exceeds € 232.94 but not €465.87......... €7.57 If the value exceeds € 465.87 but not €698.81 ........ €8.39 If the value exceeds € 698.81 but not €931.75 ........ €9.43 If the value exceeds € 931.75 but not €1,164.69 ..... €10.48 If the value exceeds €1, 164.69 but not €1,397.62 .. €11.53 If the value exceeds €1, 397.62 but not €1,630.56 .. €12.58 If the value exceed s €1,630.56 but not € 1,863.50 . €13.63 If the value exceeds €1, 863.50 but not €2,096.44 .. €14.68 If the value exceeds €2, 096.44 but not €2,329.37 .. €15.84 If the value exceeds €2,329.37 the fee shall be increased by €0.30c per € 100 or part thereof. (c) Emphyteutical property and property subject to usufruct, burde ns or easements. The fee payable shall be assessed on the value of the property as free. I n t h e v a l u a t i o n o f a directum dominium i n perpetuity of any tenement or of any perpetual burden, the fee shall be a ssessed in accordance with paragraph 15. (d) Usufruct In the valuation of a usufruct the fee shall be assessed on the value of the property as freehold with the addition of a fee as provided under sub-paragraph (b) of paragraph 15. (e) Portions of tenements In the valuation of an undivided portion of a tenement, whether free or emphyteutical or subject to usufruct, easement or burden, the fee shall be assessed as laid down in sub-paragraphs (a) and (b) of this paragraph or on the basis of four per centum (4%) on the value of the portion so valued, whichever is the lesser fee, provided that in no case the fee payable shall be less than €6.99. Note: The fees specified i n this paragraph include any fees for valuations a nd measurements which may be necessary to arrive at the final value. 7. Partition of Property The fee payable shall be one-fourth of the fee established for the valua tion but it sha ll not exceed €34.94 for every proposed scheme of partition of property. CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 317 8. Assessing value of Dilapidations or Improvements For preparing schedule, with or without the assessment of the value, the fee shall be equal to five per centum (5%) on the assessed amount: Provided that if only an assessment of the value is required, the fee shall be of two per centum (2%) of the estimated cost. In no case shall the f ee be less than €6.99 9. Assessing Damage other than Dilapidations For preparing detailed schedule and settling the amount, the fee shall be equal to five per centum (5%) of the assessed amount: Provided that the fee in r espect of repeated works of an identical nature sh all be reduced by sixty per centum (60%) for each work other th an the first. In no case shall the total fee be less than €6.99 10. Design and Erection of Buildings For taking the client’s instructions, preparing sketch designs, making ap proximate estimates of cost by cubic measurement or otherwise, submitting applications for building and/or other licences, preparing working drawings and specifications, giving general supervision, issuing certificates of payment and certifying accoun ts, the fee in respect of new works is to be assessed as follows: If the cost of the executed work does not exceed €232.94 ....................................................... ............ 10% of the cost If the cost of the executed work exceeds €232.94 but does not exceed €698.81 ............ .............. ......... .. 9% of the cost If the cost of the executed work exceeds €698.81 but does not exceed €1,164.69 ............ ........... .......... . 8% of the cost If the cost of the executed work exceeds €1,164.69 but does not ex ceed €2,329,37 . ............... 7% of the cost If the cost of the executed work exceeds €2,329,37 6% of the cost In the case of alterations to existing buildings, the percentage to be charged shall be increased by fifty per centum (50%) over the rate for new works. 318 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Notes: (1) The fees specified in this paragraph shall not cover constant supervision of the work but only such supervision as may be required for the purpose of the professional responsibility of the perit under any relevant law at any time in force and as may be necessary to ensure that the works are being executed in general accordance with the contract. (2) Such fees, however, shall cover the responsibility of the perit to ensure that no material deviation, alteration, addition to or omission from the approved design is made without the knowledge and consent of the client, and to inform the client if the total authorised expenditure is likely to be exceeded or if the contract period is likely to be varied. (3) Where it is agreed between the perit and the client to retain the services of consultants, the fee of the perit shall be reduced by one-third of the fees on the cost of the works upon which the services of consultants are retained. 11. Fees in cases when the Perit Abandons or is Abandoned by the Client or Works remain Unexecuted 1. If a project referred to in paragraph 10 of this Tariff or part thereof is abandoned or if the perit abandons or is abandoned by the client: (a) after the perit has taken the client’s instructions, prepared preliminary sketch designs sufficient to indicate the interpretation by the perit of the client’s instructions and made an approximate estimate of the cost of the project, the fee shall amount to one-third ( 1/3) of the fees specified i n paragraph 10; (b) after the perit has taken the client’s instructions, prepared sketch designs, made an approximate estimate of the cost, submitted applications for building and/or other licences, and prepared working drawings and specifications, the fee shall amount to two-thirds ( 2/3) of the fees specified in paragraph 10. 2. The perit who has been engaged after a former one has been abandoned by, or has abandoned, his client as above shall be entitled to: (a) five-sixths ( 5/6) of the fees specified in paragraph 10 in the case contemplated in sub-paragraph 1( a) of this paragraph; (b) one-half (½) of the fees specified in paragraph 10 in the case contemplated in sub-paragraph 1( b) of this paragraph. CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 319 12. Old Material or Material and Services provided by Client When building work has b een executed wholly or i n p a r t w i t h o l d m a t e r i a l o r w h e r e t h e m a t e r i a l , labour and/or carriage is provided wholly or in part by the client, the fee of the perit shall be calculated as if the work had been executed throughout with n e w m a t e r i a l a n d a s i f t h e m a t e r i a l , l a b o u r a n d / o r carriage had been p aid for throughout at current cost. 13. Services not included in Paragraph 10 and 11 Additional fees shall be payable for: (a) surveying sites of buildings and taking levels; (b) altering drawings or preparing new drawings and for o ther services made necessary by variations or additions required by the client after the original drawings have been approved by him; (c) the assessment of compensation due for rendering party walls common; (d) measuring and pric ing executed works. 14. Statically Indeterminate Structures In cases involving the design of statically indeterminate stru ctures or statically indeterminate structural members, a fee of two per centum (2%) on the cost of such structures or structural members shall be payable in addition to the fees chargeable under paragraph 10 hereof. 15. Miscellaneous Fees (a) For minor service not otherwise provided for ........................................................ €1. 40 (b) For important service not otherwise provided for .......................................... €4.66 (c) Time charges: I n cas es wher e it is agreed between the perit and the client that the fee is to be on a time basis, the fee shall be of €3.49 per hour, but when the perit requires the h e l p o f a n a s s i s t a n t , t h e f e e s h a l l b e increased by €0.93c an hour. (d) Travelling allowance F r o m M a l t a t o G o z o a n d v i c e v e r s a o r from Gozo to Malta and vice versa ........ €6.99 (e) Costs in connection with Court duties: 320 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE (i) transportation costs to a site inspection .................................... €6.99 (ii) typing and printing minutes in the records of a case, per A4 sheet, for the first copy thereof ................... €0.70 and each additional copy thereof ........ €0.23 (iii)for the issue of each notice of a sitting or site inspection to lawyers and parties ...................... €1.16 16. Fees payable to periti, who are appointed as Court referees, including periti who are appointed by the Land Arbitration Board according to article 25(3) of the Land Acquisition (Public Purposes) Ordinance, (Cap. 88), for each opinion dealt with in the report, shall be up to a maximum of €116.47 for each legal point decided. Any calculation or computation of an amount to be awarded as damages or compensation by the Courts shall be deemed to be an opinion, and the maximum fee taxable for such an opinion shall be €232.94 The criterion shall be that of the work involved and never the amount asses sed by the Court referee: Provided that in no case shall the fee payable for any one report exceed tw o thousand euro (€2000). Fees payable to surveyors appointed by the Court shall be assessed in accor dance with the following paragraphs provided that in no case shall the fee payable for any survey exceed four hundred and fifty euro (€450): Provided that the Court may at the request, even verbal, of the perit or surveyor, or by the periti who are appointed by the Land Arbitration Board according to article 25(3) of the Land Acquisition (Public Purposes) Ordinance (Cap. 88), after hearing briefly all interested parties, allow the perit or surveyor any additional fee if the fee so assessed is considered too low when considering the work that has been executed: Provided further that there shall be paid a fee to the periti above referred to, including periti who are appointed by the Land Arbitration Board according to article 25(3) of the Land Acquisition (Public Purposes) Ordinance (Cap. 88), appointed as a Court referees as follows: (a) For each sitti ng held - (i) for the first hour or part thereof ... €24 (ii) for each additional hour or part thereof ........................................ €24 (b) For each site inspection held - (i) for the first hour or part thereof ... €32 (ii) for each additional hour or part thereof ........................................ €24 CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 321 17. Periti, when ordered by a Court or required by a client to appear before any judicial assistant or a court referee, or for a site inspection shall be entitled to the following fees: (i) for the first hour or part thereof ... €35 (ii) for each additional hour or part thereof ........................................ €32 18. The fees set forth in this Tariff shall, in all cases, be exclusive of the cost of copies of documents, travelling expenses and all other disbursements not already provided for. 19. The expert appointed by the court, including periti who are appointed by the Land Arbitration Board according to article 25(3) of the Land Acquisition (Public Purposes) Ordinance (Cap. 88), shall not be entitled to any fee for services in connection with the presentation of the report or the confirming of the same on oath, but if, after he has presented the report and confirmed the same on oath, he is required to attend in court, he shall be allowed a fee for attendance in accordance with item ( f) of Schedule A to the Witnesses (Fees) Ordinance . 20. ( a) The foregoing provisions of this Tariff shall not prohibit a Perit and his client, from agreeing o n a f e e , o r t h e b a s i s o n w h i c h t h e f e e i s t o b e determined which is different from that established by this Tariff, and in any such case the agreed fee or basis for determining it, not being a basis prohibited by law, shall apply, subject to the provisions of the following sub-paragraphs: Provided that in any case, a Perit shall inform his client of the applicable fee or the basis on which the fee is to be determined before the service is provided. (b) For the purposes of this paragraph, an agreement concerning f ees shall be in writing. 322 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE SCHEDULE B [ARTICLE 1007] FORMS Amended by: L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 1 Application of a minor to bring action through a curator. In ( here insert name of Court ) ...................................... ...................................... versus ...................................... ...................................... The application of the said Respectfully sheweth: - That, in the opinion of competent persons, he has good cause to bring an action against the said for the purpose of , but, as he is a minor, he being only years of age, he therefore humbly prays this Cou rt that he may be allowed to bring the action through a curator appointed by this Court. (Decree of the Court ) The Court, Upon seeing the application of , Appoints to act as cura tor of during his minority, in the action mentioned in the application . This day of (Registrar’ s signature ) 0.23 cents CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 323 Amended by: L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 2 Application of a third party for the appointment of a curator to represent a minor. In (here insert name of Court ) ...................................... ...................................... versus ...................................... ...................................... The application of Respectfully sheweth: - That, from information obtained, has good cause to bring an action against , for the purpose of , but, as the said is a minor, he being only years of age, th e applicant, therefore, humbl y prays that this Court may appoint a curator for the purpose of bringi ng the necessary action on behalf of the said minor. (Decree of the Court ) The Court, Upon seeing etc., This day of (Registrar’ s signature ) 0.23 cents 324 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Amended by: XVI.1922.5. Substituted by: L.N. 42 of 1982. Amended by: XIII.1983.5; L.N. 190 of 1995; L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 3 Application to sue/defend with benefit of legal aid. In the Civil Court First Hall ...................................... ...................................... versus ...................................... ...................................... The application of the said Respectfully sheweth: - That in the clai m by/against for he qualifies for admission to sue/defend with the benefit of legal aid. Wherefore applicant humbly prays this Court that he may be allowed to sue/defend with the benefit of legal aid, and the sa id applicant declares on oath that he believes that his aforesaid claim/ defence is just, and that excluding the subject-matter of the proceedings, he does not possess property of any sort (not including wearing apparel) the net value whereof amounts to a s um of not more than .6,988.12 not including everyday household ite ms that are considered reasonably necessary for the use by applica nt and his family, and that his yearly income is not more than the national minimum wage established for persons of eighteen years and over; and that in calculating the said net asset value, no account has been taken of the principal residence of the applicant or any other property, immovable or movable, which forms the subject matter of court proceedings, even though such othe r property is not the subject matter of the proceedings in respect of which legal aid is being applied for; and that in calculating the income, the p eriod of computation has been calculated at the twelve months’ period prior to the demand for the benefit of legal aid. (Decree of the Court) The Court Upon seeing etc., Orders that this application be referred to the Advocate for Le gal Aid to examine and report whether the applicant has a good caus e of action. This day of (Registrar’ s signature) 0.23 cents CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 325 Amended by: L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 4 Application for order in connection with competition proceedings. In (here insert name of Court ) The application of for competition pr oceedings amongst the creditors of Respectfully sheweth: - That in the Registry of this Court there is lodged the sum of by schedule filed by on the day of . That the applicant as creditor of the said claims that amount, but he is unable to obtain the same, as it is clai med by other parties (or other parties claim to have an interest there in) so that competition pr oceedings on the said deposit amongst the creditors of the said are now competent. Wherefore the applicant humbly prays that this Court may order the publication of the notice relative to such competition proceedings. (Decree of the Court ) The Court, Allows the application, and appoints the day of for the appearance of the parties interested at the hearing of the cause, and directs the Registrar to publish the notice referred to in article 416 of the Code of Organization and Civi l Procedure. This day of (Registrar’ s signature ) 0.23 cents 326 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Amended by: L.N. 190 of 1995; L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 5 Notice in compliance with the preceding Order. NOTICE Registry of This day of It is hereby notified to whom it may concern that, in the Regis try of the ( name of Court ) , there is the sum of lodged by schedule filed by on the day of in favour of , and that by a decree of the day of , on the applicati on of , the Court has ordered that competition proceedings be institu ted on the said deposit, and has appointed the day of for the appearance of the parties interested and the hearing of the cause. Wherefore any person, claiming to have an i nterest in the matte r, is requested to exercise his rig hts on the deposit aforesaid, b y an application within days from the aforementioned date, for the purposes of the Code of Organization and Civil Procedur e. (Registrar’ s signature ) 0.23 cents CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 327 Amended by: XXXI.1934.83; L.N. 46 of 1965. Substituted by: XXII.1976.2; L.N. 95 of 1979. Amended by: L.N. 190 of 1995 L.N. 153 of 1996. Form No. 6 - Writ of summons Revoked by XXII.2005 .76 328 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Amended by: L.N. 46 of 1965. Substituted by: XXII.1976.2. Amended by: L.N. 190 of 1995; L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 7 Notice of hearing of cause. REPUBLIC OF MALTA To Marshal of the Courts WHEREAS in a cause the pleadi ngs whereof have been closed in the (name of Court ) between the Court has appointed the for the hearing of the said cause. Wherefore you are ordered that by the delivery of a copy hereof both to the said Plaintiff and Defendant or their agent, according to law, you s ummon them to appear at o’clock on the before this Court, on which day the cau se will be heard and determined . You are further ordered to warn in the same manner the aforesai d Plaintiff and Defendant that, should they fail to appear on the day, and at the place and time aforesa id, the Court wi ll proceed in their default to deliver judgment, acco rding to justice, at the suit of the said on the same day, or on any subsequent day, as may be determined by the said Court. And after execution, or upon your meeting with any obstacle in the execution hereof, you shall fo rthwith report to this Court. Given by the (name of Court ), and witnessed by Do ctor of Laws, of the said Court. This, day of 20 0.23 cents CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 329 Amended by: L.N. 46 of 1965. Substituted by: XXII.1976.2; L.N. 96 of 198l. Amended by: XXIV .1995.358; L.N. 190 of 1995; L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 8 Subpoena Ad Testificandum and/or Duces Tecum before the Court/referee. In (here insert name of Court ) In the cause ...................................... ...................................... versus ...................................... ...................................... Application of Respectfully requests the issue of a summons of a witness in th e above-stated cause against the person mentioned hereunder to attend for the sitting and at the time stated hereunder, and/or to bring with him the documen ts referred to hereunder. Name and address of the person su mmoned to attend as a witness: Documents to be brought by him: Date, time and place where he is to attend: Advocate Le gal Procurator This, day of 20 Filed by (Registrar’ s signature ) 330 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE No. 8 Subpoena Ad Testificandum and/or Duces Tecum before the Court/referee. REPUBLIC OF MALTA COURT SUMMONS To Marshal of the Courts WHEREAS pursuant to the above application in the abovestated cause pending in this Court the evidence of the a fore mentioned person is required; You are, therefore, ordered to summon the said person to attend on the day and at the time menti oned, and so on any other day a nd at any other time to which the s aid cause may be put off to giv e evidence in that cause and/or to bring with him the documents indicated. You will also warn the said person that in case of disobedience to this summons, he shall be liable to the penalties established f or contempt of Court, and he may be compelled to attend by a warra nt of escort or of arrest, and he shall be liable to all other consequences to which, according to the provisions of the Code of Organization and Civil Procedure, he may be liable for such disobedience. And after execution, by delivery of a copy hereof to the said person or to his agent, accordin g to law, or u pon your meeting with any obstacle in the said service, you shall forthwith report to this Court. Given by the ( name of Court ), and witnessed by Doctor of Laws, of the said Court. This, day of 20 0.23 cents CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 331 Amended by: L.N. 46 of 1965; XIII.1983.4; L.N. 190 of 1995; L.N. 18 of 1996; L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 9 Warrant of seizure for fine (ammenda or multa ) or of arrest against person failing to attend on subpoena Ad Testificandum and/or Duces Tecum. REPUBLIC OF MALTA To Marshal of the Courts WHEREAS by a decree given by the (name of Court ) on the day of , was condemned to pa y a fine (ammenda or multa ) of € ( or was sentenced to detention or imprisonment for ) for having failed to attend as witness in the cause versus Wherefore you are ordered to seiz e, without any delay, from the possession of the said a pledge e quivalent to the aforesaid amount and to the costs of this warrant, or, in the a bsence of things liable to seizure, t o convey the said to the prison appointed for persons condemned to detention ( or imprisonment ) to be kept therein for the aforesaid period of in default of payment of said amount. And after execution, etc., ( as in Form No.8 ). 0.23 cents 332 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Amended by: L.N. 46 of 1965. Substituted by: XXII.1976.2. Amended by: L.N. 190 of 1995; L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 10 Warrant of Escort against person failing to attend on subpoena Ad Testificandum and/or Duces Tecum . REPUBLIC OF MALTA To Marshal of the Courts WHEREAS the ( name of Court ) has by a decree given on the ordered that , having failed to attend as a witness before this Court in the cause pending between and , be brought before this Court to give h evidence and/or to bring docume nts at the sitting of Wherefore you are ordered to bring before this Court the said and to keep h until shall have given h evidence, and/or br ought the documents or until this Court shall order h discharge. And after execution, or upon your meeting with any obstacle in the execution hereof, you shall fo rthwith report to this Court. Given by the (name of Court ), and witnessed by Doctor of Laws, of the said Court. This, day of 20 0.23 cents CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 333 Amended by: L.N. 190 of 1995; L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 11 Bond of surety in cases prescribed by law in respect of certain warrants. I, the undersigned, do hereby stand surety in solidum with for any amount to which he may be condemned by way of penalty , or for any other cause, accordi ng to law, in consequence of the execution of the warrant sought by him, and I declare on oath t hat I consider myself sufficient for the fulfilment of this my bond. 0.23 cents 334 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Amended by: XIII.1925.6; L.N. 46 of 1965. Substituted by: XXII.1976.2; L.N. 96 of 1981. Amended by: L.N.190 of 1995; L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 12 Garnishee Order. In (here insert name of Court ) (Creditor) ...................................... ...................................... versus (Debtor) ...................................... ...................................... Application of Respectfully requests: - That this Court orders the issue of a garnishee order to be executed on the garnishee or garni shees as hereinafter mentione d, against the debtor for the debt herein mentioned and for the co sts of this procedure, as precaution agai nst the debt hereinafter indi cated/ by virtue of the executive title herein mentioned/as confirmed on oath hereunder.- Title/Executive title: Garnishee/s Advocate Legal Procurator This, day of 20 Confirmed on oath before me, after I have read to him the contents, and in the presence of witness to identity, and filed by (Registrar’ s signature ) Debt: { Amount Interest Costs CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 335 No. 12 Garnishee Order. REPUBLIC OF MALTA COURT WARRANT To Marshal of the Courts WHEREAS the above application has been filed and it contains the elements required according to law for the issue of the ord ers herein contained; You are, therefore, on the said application, hereby ordered tha t, by delivering a copy of this Order, in the first place, to the aforesaid garnishees and subsequently to the debtor, you shall enjoin the said garnishees to retain in their possession as sequestered until the expiration of the time for which this war rant shall remain in force according to law or until further orders, or otherwise to deposit in the Regis try of this Court, so much of the things or moneys in their possession appertaining to the said d ebtor as may be sufficient to satisfy the aforementioned claim of the said creditor together with the costs hereof under penalty of the pa yment of damages and interest, in case of disobedience. And after execution, or upon your meeting with any obstacle in the execution hereof, you shall f orthwith report to this Court. Given by the ( name of Court ), and witnessed by Doctor of Laws, of the said Court. This, day of 20 0.23 cents 336 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Amended by: L.N. 46 of 1965. Substituted by: XXII.1976.2. Amended by: L.N. 190 of 1995; L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 13 Order for depositing after service of Garnishee Order. REPUBLIC OF MALTA To Marshal of the Courts WHEREAS in virtue of a garnishee order made by the ( name of Court ) and executed on it was ordered that so much of the things (or moneys) in the possession of and belonging to as may be sufficient to satisfy the claim of against be attached; And whereas it has been represented by the said that the time for the delivery of the things (or moneys) attached as aforesaid has expired; And whereas an application has now been made for an order that the said be enjoined to deposit in the Registry of this Court the things (or moneys) so attached; You are, therefore, ordered to enjoin the said to deposit in the Registry of this Court, within two days from the date of service hereof, the thin gs (or moneys) attached as afor esaid and to warn the said that in default of such deposit, within the aforesaid time, proceedings will be taken against him, according to law. And after execution, by delivery of a copy hereof to the said or agent, according to law, or upon yo ur meeting with any obstacle in the said execution, you shall forthwith re port to this Court. Given by the ( name of Court ) and witnessed by Doctor of Laws, of this Court. This, day of 20 0.23 cents CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 337 Amended by: L.N. 46 of 1965. Substituted by: XXII.1976.2; L.N. 96 of 1981. Amended by L.N. 190 of 1995; L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 14 Warrant of Impediment of Departure of a Vessel. In (here insert name of Court ) (Applicant) ...................................... ...................................... versus (Respondent) ........... .............. ............. ...................................... Application of Respectfully sheweth a nd confirms on oath: That the applicant seeks to safeg uard the credit herein mention ed against the said respondent/vessel; That by the departure of such vessel from Malta applicant’s credit may be evaded; Wherefore, the applicant respect fully requests that this Court orders the issue of a warrant of impediment of departure agains t the said vessel for the herein mentio ned credit and for the costs o f this procedure. Credit: Title/Executive Title:- Advocate Legal Procurator This, day of 20 Confirmed on oath before me, a fter I have read to him the contents, and in the presence of witness to identity, and filed by (Registrar’ s signature ) 338 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE No. 14 Warrant of Impediment of Departure of a Vessel. REPUBLIC OF MALTA COURT WARRANT NO. . . . . . . . . . . . . . . . ., To Marshal of the Courts WHEREAS the attached application has been filed and it contains the elements required according to law for the issue o f the orders herein contained; You are, therefore, on the said application, hereby ordered to detain the vessel therein mentioned, until further orders, and to adopt such measures as may be necessary for the said purpose. You are further ordered to enjoin, by the delivery of a copy hereof, the Master of the said vessel not to cause the ship to proceed on her voyage, and the Comptroller of Customs not to deliver the clearance papers o f the said vessel, and, if such clearance papers have already been delivered, to withdraw them, under penalty of the payment of damages and interest to the sai d applicant. Lastly, you are notified that this warrant shall, in default of further orders of this Court, cease to have effect in six month s’ time from this day. And after execution, or upon meeting with any obstacle in the execution hereof, you shall forthwith report to this Court. Given by the ( name of Court ) and witnessed by Doctor of Laws, of the said Court, This, day of 20 0.23 cents CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 339 Amended by: L.N. 46 of 1965. Substituted by: XXII.1976.2; L.N. 96 of 1981. Amended by: L.N. 190 of 1995; L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 15 Warrant of Seizure. In (here insert name of Court ) (Creditor) ...................................... ...................................... versus (Debtor) ...................................... ...................................... Application of Respectfully requests a nd confirms on oath: - That this Court orders the issue of a warrant of seizure agains t the said debtor for the amounts/ objects hereinafter mentioned a nd for the costs of this procedure, as precaution for the credit mentioned below/in execution of the executive title mentioned below. Title/Executive Title: - Advocate Legal Procurator This, day of 20 Confirmed on oath before me, a fter I have read to him the contents, and in the presence of witness to ide ntity, and filed by (Registrar’ s signature ) Debt: { Amount Interest Costs 340 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE No. 15 Warrant of Seizure. REPUBLIC OF MALTA COURT WARRANT To Marshal of the Courts WHEREAS the above application has been filed and it contains the elements required according to law for the issue of the ord ers herein contained; You are, therefore, on the said application, hereby ordered to seize without delay from the d ebtor herein mentioned a pledge equivalent to the debt/objects mentioned in the application tog ether with the costs of this warrant should he fail to pay or deposit in the Registry of this Court the objects/amount mentioned as debts. And after execution, or upon your meeting with any obstacle in the execution hereof, you shall fo rthwith report to this Court. Given by the ( name of Court ) and witnessed by Doctor of Laws, of the said Court. This, day of 20 0.23 cents CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 341 Amended by: L.N. 46 of 1965. Substituted by: XXII.1976.2. Amended by: L.N. 190 of 1995; L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 16 Warrant in factum. REPUBLIC OF MALTA To Marshal of the Courts WHEREAS by a judgment delivered by the ( name of Court ) on the day of 20 , was condemned to in favour of And whereas the said has represente d to this Court that the said has mad e default in carrying out the said judgment; You are, therefore, hereby ordered to convey, without delay, th e said to the prison of to be detained therein until further orders of this Court. And after service by delivery of a copy hereof to the said or agent, according to law, or upon your meeting with any obstacle in the said service, you shall forthwith report to this Court. Given by the ( name of Court ) and witnessed by Doctor of Laws, of this Court. This, day of 20 0.23 cents 342 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Amended by: L.N. 46 of l965. Substituted by: XXII.1976.2; L.N. 96 of 1981. Amended by: L.N. 190 of 1995; L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 17 Warrant of Ejectment. In (here insert name of Court ) (Applicant)...................................... ...................................... versus (Respondent)...................................... ...................................... Application of Respectfully requests: - That this Court orders the issue of a warrant of ejectment agai nst the respondent (from the herein mentioned tenement) in executio n of the judgment herein mentioned, whereas the respondent has so far failed so to do. Tenement: Judgment: Advocate Legal Procurator This, day of 20 Filed by (Registrar’ s signature ) CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 343 No. 17 Warrant of Ejectment. REPUBLIC OF MALTA COURT WARRANT To Marshal of the Courts WHEREAS by a judgment delivered by the ( name of Court ), as stated in the aforementioned application, respondent was condemned to quit the said ten ement, and whereas the said respondent has so fa r failed to do so; You are, therefore, on the said application, ord ered to cause t he respondent to be actually ejected from the tenement mentioned i n the application, leav ing the same free in favour of the said applicant, enjoining further the said respondent by delivering a copy of the warrant, not to dist urb the aforesaid applicant in the free enjoyment of the said tenement, under the penalties establ ished for contempt of Court. And after execution, or upon your meeting with any obstacle in the execution hereof, you shall f orthwith report to this Court. Given by the ( name of Court ) and witnessed by Doctor of Laws, of the said Court. This, day of 20 0.23 cents 344 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Amended by: L.N. 46 of 1965; LVIII.1974.68. Substituted by: XXII.1976.2. Amended by: L.N. 190 of 1995; L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. Amended by: XXV .2019.24. No. 18 Warrant of Description issued on the application of the State Advocate in case of any vacant succession. REPUBLIC OF MALTA To Marshal of the Courts WHEREAS it has been represented to the ( name of Court ) by the State Advocate that died on the and that his heirs, whether testamentary heirs or heirs-at-law, are unkn own; And whereas the said State Advoc ate has applied for the issue o f a warrant of description of the property of the said in the interest of a ll parties concerned; You are, therefore, ordered to proceed to the usual place of residence of the late and to any other place in which you may be aware that ther e is any property belonging to his estate, to state in detail such property, and to deposit all mo vable property appertaining to the said estate in this Court. And after execution, or upon your meeting with any obstacle in the execution hereof, you shall fo rthwith report to this Court. Given by the ( name of Court ) and witnessed by Doctor of Laws, of the said Court. This, day of 20 0.23 cents CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 345 Amended by: L.N. 46 of 1965. Substituted by: XXII.1976.2; L.N. 96 of 1981. Amended by: L.N. 190 of 1995; L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 19 Counter-Warrant. In (here insert name of Court ) Following the warrant of ...................................... . ................ No................ issued on the .................. in the names:- ...................................... ...................................... versus ...................................... ...................................... Application of Respectfully requests:- That this Court orders the issue of the opportune counter-warra nt on the grounds herein mentioned. Grounds:- Advocate Legal Procurator This, day of 20 Filed by (Registrar’ s signature ) 346 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE No. 19 Counter-Warrant. REPUBLIC OF MALTA COURT WARRANT To Marshal of the Courts WHEREAS, after the execution of the warrant referred to in the above application, there are gr ounds according to law for which the same warrant should not remain in force; You are, therefore, ordered immediately to cause the effects of the aforesaid warrant to be stayed by serving copies hereof on all persons served with t he preceding warrant. And after execution, or upon your meeting with any obstacle in the execution hereof, you shall fo rthwith report to this Court. Given by the ( name of Court ) and witnessed by Doctor of Laws, of the said Court. This, day of 20 0.23 cents CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 347 Added by: L.N. 190 of 1995; Amended by: L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No.20 Warrant of Description. In (here insert name of Court ) (Applicant) ...................................... ...................................... versus (Respondent) ........... .............. ............. ........................................ Application of Respectfully sheweth and confirms on oath - That the applicant seeks to safeg uard against the respondent ov er the hereunder mentioned movable th ings for the exercise of whic h rights he has an interest that s uch movable things remain in th eir actual place and condition; Wherefore, the applicant respect fully requests that this Court orders the issue of a warrant of description of ( here insert the movable things to be described and the place where situated ). Advocate Legal Procurator This, day of 20 Confirmed on oath before me, a fter I have read to him the contents, and in the presence of w itness to identity, and filed by (Registrar’ s Signature) 348 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE No. 20 Warrant of Description. REPUBLIC OF MALTA COURT WARRANT To Marshal of the Courts WHEREAS the attached application has been filed and it contains the elements required according to law for the issue o f the orders herein contained; You are, therefore, on the said application, hereby ordered to proceed to the place mentioned in the application and that, by delivering a copy of this warrant to the said respondent, you s hall describe all the movable things in detail stating the number an d quality thereof; You are further ordered to enjoin the respondent to continue to keep in his custody the movable property so described and to wa rn him that he is responsible for t heir safe keeping, under the pe nalties established for co ntempt of Court; And, after execution, or upon meeting any obstacle in the execution hereof, you shall fo rthwith report to the Court. Given by the ( name of Court ) and witnessed by Doctor of Laws, of this Court. This, day of 20 0.23 cents CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 349 Added by: L.N. 190 of 1995. Amended by: L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 21 Warrant of Prohibitory Injunction. In (here insert the name of Court ) (Applicant) ...................................... ...................................... versus (Respondent) ........... .............. ............. ........................................ Application of Respectfully sheweth a nd confirms on oath: That the applicant has an inter est that his rights be secured; That the applicant, in order to secure his rights, desires to restrain respondent from ( here insert the acts to be restrained ) That the applicant would be prejudiced if respondent is not so restrained; Wherefore, the applicant respect fully requests that this Court orders the issue of a warrant of prohibitory injunction restrai ning him from the acts above-mentioned. Advocate Legal Procurator This, day of 20 Confirmed on oath before me, a fter I have read to him the contents, and in the presence of wit ness to identity, and filed by (Registrar’ s signature ) 350 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE No. 21 Warrant of Prohibitory Injunction. REPUBLIC OF MALTA COURT WARRANT To Marshal of the Courts WHEREAS the attached application has been filed and it contains the elements required according to law for the issue o f the orders herein contained; You are, therefore, on the said application, hereby ordered tha t, by delivering a copy of this warrant to the said respondent, yo u shall restrain the respondent from carrying out those things mentioned in the said application which are prejudicial to the applicant, under the penalties established for contempt of Court; And, after execution, or upon meeting any obstacle in the execution hereof, you shall fo rthwith report to the Court. Given by the ( name of Court ) and witnessed by Doctor of Laws, of this Court. This, day of 20 0.23 cents CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 351 Added by: L.N. 190 of 1995. Amended by: L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 22 Warrant of Prohibitory Injunction in cases of personal separation restraining the other spouse. In (here insert name of Court ) (Applicant) ...................................... ...................................... versus (Respondent) ........... .............. ............. ........................................ Application of Respectfully sheweth and confirms on oath: - That the applicant ( here insert "has brought" or "intends to bring" ) before the court of contentious jurisdiction a suit for personal separation; That in order to secure his right s the applicant desires the co urt to issue a warrant of prohibitory injunction agai nst the respon dent: (a) restraining the said respondent from selling, alienating, transferring or disposing inter vivos whether by onerous or gratuitous title any shareholding in any commercial partnership if such shareholding is comprised in the community of acquests, and in particular ( here insert particulars of the commercial partnership/s ); and (b) restraining the respondent from contracting any debt or suretyship which is a charge on the community of acquests; Wherefore, the applicant respectfully requests that this Court orders the issue of the relative warrant of prohibitory injunction against the respondent. Advocate Legal Procurator This, day of 20 Confirmed on oath before me, a fter I have read to him the contents, and in the presence of witnes s to identity, and filed by (Registrar’ s signature ) 352 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE No. 22 Warrant of Prohibitory Injunction in cases of personal separation restraining the other spouse. REPUBLIC OF MALTA COURT WARRANT To Marshal of the Courts WHEREAS the attached application has been filed and it contains the elements required according to law for the issue o f the orders herein contained; You are, therefore, on the said application, hereby ordered tha t, by delivering a copy of this warrant to respondent, you shall restrain such respondent from selling, alienating, transferring or disposing inter vivos by onerous or gratuitous title any shareholding in any commercial p artnership if such shareholding is comprised in the community of acquests, and from contracting an y debt or suretyship which is a ch arge on the community of acques ts; You are enjoined to notify the respondent that this warrant doe s not apply to the constitution of any right on, or alienation or transfer of, any property made pursuant to a court order; You are further ordered to execute this warrant forthwith and t o restrain the respondent from carrying out those things mentione d in the said application which are prejudicial to the applicant, un der the penalties established for contempt of Court; And, after execution, or upon meeting any obstacle in the execution hereof, you shall fo rthwith report to the Court. Given by the name ( name of Court ) and witnessed by Doctor of Laws, of this Court. This, day of 20 0.23 cents CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 353 Added by: L.N. 372 of 2011. No. 22A Warrant of Prohibitory Injunction in cases of divorce restraining the other spouse. In (here insert name of Court ) (Applicant) ...................................... ...................................... versus (Respondent) ........... .............. ............. ........................................ Application of Respectfully sheweth and confirms on oath: - That the applicant ( here insert "has brought" or "intends to bring" ) before the court of contentious jurisdiction a suit for divorce; That in order to secure his right s the applicant desires the co urt to issue a warrant of prohibitory injunction agai nst the respon dent: (a) restraining the said respondent from selling, alienating, transferring or disposing inter vivos whether by onerous or gratuitous title any shareholding in any commer cial partnership if such shareholding is comprised in the community of acquests, and in particular ( here insert particulars of the commercial partnership/s ); and (b) restraining the respondent from contracting any debt or suretyship which is a charge on the community of acquests; Wherefore, the applicant respectfully requests that this Court order s the issue of the relative warrant of prohibitory injunction against the respondent. Advocate Legal Procurator This, day of 20 Confirmed on oath before me, a fter I have read to him the contents, and in the presence of witnes s to identity, and filed by (Registrar’ s signature ) 354 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE No. 22A Warrant of Prohibitory Injunction in cases of divorce restraining the other spouse. REPUBLIC OF MALTA COURT WARRANT To Marshal of the Courts WHEREAS the attached application has been filed and it contains the elements required according to law for the issue o f the orders herein contained; You are, therefore, on the said application, hereby ordered tha t, by delivering a copy of this warrant to respondent, you shall restrain such respondent from selling, alienating, transferring or disposing inter vivos by onerous or gratuitous title any shareholding in any commercial p artnership if such shareholding is comprised in the community of acquests, and from contracting an y debt or suretyship which is a ch arge on the community of acques ts; You are enjoined to notify the respondent that this warrant doe s not apply to the constitution of any right on, or alienation or transfer of, any property made pursuant to a court order; You are further ordered to execute this warrant forthwith and t o restrain the respondent from carrying out those things mentione d in the said application which are prejudicial to the applicant, un der the penalties established for contempt of Court; And, after execution, or upon meeting any obstacle in the execution hereof, you shall fo rthwith report to the Court. Given by the name ( name of Court ) and witnessed by Doctor of Laws, of this Court. This, day of 20 0.23 cents CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 355 Added by: L.N. 190 of 1995. Amended by: L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 23 Warrant of Prohibitory Injunction in cases of personal separat ion restraining a commercial partnership. In (here insert name of Court ) (Applicant) ...................................... ...................................... versus (Respondent) ........... .............. ............. ........................................ Application of Respectfully sheweth a nd confirms on oath: That the applicant ( insert here "has brought" or "intends to bring" ) before the court of contentious jurisdiction a suit for personal separation; That the respondent has a majority shareholding, pertaining to the community of acquests in the commercial partnership/s ( here insert particulars of the commercial partnership/s ); That in order to secure his rights, the applicant desires the C ourt to issue against the said commercial partnership/s a warrant of prohibitory injunction restraining it/them from selling, aliena ting, transferring or otherwise dispos ing by onerous or gratuitous ti tle, any immovable property or rights annexed thereto owned by the commercial partnership/s , and in particular ( here insert particulars of immovables as required by the Public Registry Act ) Wherefore, the applicant respect fully requests that this Court orders the issue of a warrant of prohibitory injunction against the said commercial partnership/s. Advocate Legal Procurator This, day of 20 Confirmed on oath before me, a fter I have read to him the contents, and in the presence of witness to identi ty, and filed by (Registrar’ s signature ) 356 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE No. 23 Warrant of Prohibitory Injunction in cases of personal separation restraining a commercial p artnership. REPUBLIC OF MALTA COURT WARRANT To Marshal of the Courts WHEREAS the attached application has been filed and it contains the elements required according to law for the issue o f the orders herein contained; You are, therefore, in the said application, hereby ordered tha t, by delivering a copy of this warrant to ( here insert particulars of the commercial partnership/s ), you shall restrain the said commercial partnership/s from se lling, alienating, transferring or otherwise disposing by onerous or gratuitous title, any immovab le property or rights annexed theret o owned by the said commercial partnership/s; You are enjoined to notify the respondent that this warrant doe s not apply to the constitution of any right on, or alienation or transfer of any prop erty made pursuant to a court order; You are further ordered to execute this warrant forthwith and t o restrain the said commercial par tnership/s from carrying out th ose things mentioned in the said application which are prejudicial to the applicant, under the penaltie s established for contempt of Court; And, after execution, or upon meeting any obstacle in the execution hereof, you shall fo rthwith report to the Court. Given by the ( name of Court ) and witnessed by Doctor of Laws, of this Court This, day of 20 0.23 cents CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 357 Added by: L.N. 372 of 2011. No. 23A Warrant of Prohibitory Injunction in cases of divorce restraining a commercial partnership. In (here insert name of Court ) (Applicant) ...................................... ...................................... versus (Respondent) ........... .............. ............. ........................................ Application of Respectfully sheweth a nd confirms on oath: That the applicant ( insert here "has brought" or "intends to bring" ) before the court of contentious jurisdiction a suit for divorce; That the respondent has a majority shareholding, pertaining to the community of acquests in the commercial partnership/s ( here insert particulars of the commercial partnership/s ); That in order to secure his rights, the applicant desires the C ourt to issue against the said commercial partnership/s a warrant of prohibitory injunction restraining it/them from selling, aliena ting, transferring or otherwise dispos ing by onerous or gratuitous ti tle, any immovable property or rights annexed thereto owned by the commercial partnership/s , and in particular ( here insert particulars of immovables as required by the Public Registry Act ) Wherefore, the applicant respect fully requests that this Court orders the issue of a warrant of prohibitory injunction against the said commercial partnership/s. Advocate Legal Procurator This, day of 20 Confirmed on oath before me, a fter I have read to him the contents, and in the presence of witness to identi ty, and filed by (Registrar’ s signature ) 358 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE No. 23A Warrant of Prohibitory Injunction in cases of divorce restraining a commer cial partnership. REPUBLIC OF MALTA COURT WARRANT To Marshal of the Courts WHEREAS the attached application has been filed and it contains the elements required according to law for the issue o f the orders herein contained; You are, therefore, in the said application, hereby ordered tha t, by delivering a copy of this warrant to ( here insert particulars of the commercial partnership/s ), you shall restrain the said commercial partnership/s from se lling, alienating, transferring or otherwise disposing by onerous or gratuitous title, any immovab le property or rights annexed theret o owned by the said commercial partnership/s; You are enjoined to notify the respondent that this warrant doe s not apply to the constitution of any right on, or alienation or transfer of any property made pursuant to a court order; You are further ordered to execute this warrant forthwith and t o restrain the said commercial par tnership/s from carrying out th ose things mentioned in the said application which are prejudicial to the applicant, under the penaltie s established for contempt of Court; And, after execution, or upon meeting any obstacle in the execution hereof, you shall fo rthwith report to the Court. Given by the ( name of Court ) and witnessed by Doctor of Laws, of this Court This, day of 20 0.23 cents CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 359 Added by: L.N. 190 of 1995. Amended by: L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 24 Warrant of Prohibitory Injunction restraining a person from taking a minor outside Malta. In (here insert name of Court ) (Applicant) ...................................... ...................................... versus (Respondent) ........... .............. ............. ........................................ Application of Respectfully sheweth and confirms on oath: - That the applicant has an interest that the minor, hereinafter indicated, be not ta ken outside Malta; That the respondent/s is/are the persons having, or who might have, the legal or actual custody of the said minor; Wherefore, the applicant respect fully requests that this Court orders the issue of a warrant of prohibitory injunction against the respondent/s enjoining him/them not to take, or allow anybody t o take, the said minor out of Malta; Particulars of the minor: ( here insert the name and surname of the minor and any other particulars, including the date and place of birth and the names of the parents for establishing the identity of the minor) Advocate Legal Procurator This, day of 20 Confirmed on oath before me, a fter I have read to him the contents, and in the presence of witness to ide ntity, and filed by (Registrar’ s signature ) 360 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE No. 24 Warrant of Prohibitory Injunction restraining a person from taking a minor outside Malta. REPUBLIC OF MALTA COURT WARRANT To Marshal of the Courts WHEREAS the attached application has been filed and it contains the elements required according to law for the issue o f the orders herein contained; You are, therefore, on the said application, hereby ordered tha t, by delivery a copy of this warrant to the respondent/s, you sha ll restrain the respondent/s not to take, or allow anyone to take, the said minor out of Malta, under t he penalties for contempt of Co urt; You are further ordered to enjoin, by the delivery of a copy hereof, the officer entrusted with the delivery of passports no t to issue or deliver any passport in respect of the said minor and not to include the name of the minor in the passport of the minor’s le gal representatives or in the passport of any other person, and, if before the service of this warrant on the officer charged with the iss ue of passports, a passport in respect of the minor has already been issued or the name of the minor has already been included in th e passport of another person, to enjoin such officer to take the necessary steps to withdraw the passport in respect of the mino r, and of any other passport which includes the name of the minor, and to delete the name of the minor from such passport, under the said penalty, and to enjoin, by delivery of another copy hereof , the Commissioner of Police not allow the said minor to leave Malta, under the said penalty; Lastly, you are notified that this warrant shall, in default of further orders of this Court, cease to have effect in one year’ s time from this day; And, after execution, or upon meeting any obstacle in the execution hereof, you shall fo rthwith report to the Court. Given by the ( name of Court ) and witnessed by Doctor of Laws, of this Court. This, day of 20 0.23 cents CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 361 Added by: L.N. 190 of 1995. Amended by: L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 25 Warrant of Prohibitory Injunction (claim exceeding €11,646.86). In (here insert name of Court ) (Applicant) ...................................... ...................................... versus (Respondent) ........... .............. ............. ........................................ Application of Respectfully sheweth and confirms on oath:- That the applicant, in order to secure his credit mentioned against the respondent, respectfully requests that this Court o rders the issue of a warrant of prohibitory injunction against respon dent restraining him from selling, alienating, transferring or dispo sing inter vivos whether by onerous or gratuitous title any property and in particular ( here insert particulars of immovables as required by the Public Registry Act ) Wherefore, the applicant respect fully requests that this Court orders the issue of the relative warrant of prohibitory injunct ion against the respondent. Credit: Title: Advocate Legal Procurator This, day of 20 Confirmed on oath before me, a fter I have read to him the contents, and in the presence of witness to identity, and filed by (Registrar’ s signature ) 362 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE No. 25 Warrant of Prohibitory Injunction (claim exceeding €11,646.86). REPUBLIC OF MALTA COURT WARRANT To Marshal of the Courts WHEREAS the attached application has been filed and it contains the elements required according to law for the issue o f the orders herein contained; You are, therefore, on the said application, hereby ordered tha t, by delivering a copy of this warrant to the respondent, you sha ll restrain such respondent from se lling, alienating, transferring or disposing inter vivos by onerous or gratuitous title any property; You are enjoined to notify the respondent that this warrant doe s not apply to the constitution of any right on, or alienation or transfer of any prop erty made pursuant to a court order; You are further ordered to execute this warrant forthwith and t o restrain the respondent from carrying out those things mentione d in the said application which are prejudicial to the applicant, un der the penalties established for contempt of Court; And, after execution, or upon meeting any obstacle in the execution thereof, you shall forthwith r eport to the Court. Given by the ( name of Court ) and witnessed by Doctor of Laws, of this Court. This, day of 20 0.23 cents CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 363 Added by: L.N. 122 of 1996. Amended by: L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No.26 Court order to perform the function of Judicial Assistant. REPUBLIC OF MALTA To Doctor of Laws ................................. Judicial Assi stant. Whereas it is required that in a cause before the ( insert name of Court )................................. Summons No ................. .............. between plaintiff ............................................ .. and defendant ............................................... it is necessary to appoint a Judicial Assistant therein and in particular to: *(a) ascertain and establish the issues of fact or of law involve d in the cause, as well as the issues of fact or of law on which the parties agree, and to endeavour to induce the parties to reach an agreement on the issues involved in the cause, and to make a re port thereof to the said Court; *(b) take the testimony of any person that is produced as a witness; *(c) take any affidavit on any matter; *(d) receive documents produced w ith any testimony, affidavit or declaration, including in particular a testimony, affidavit or declaration as is referred to in the Code of Organization and Civil Procedure; *(e) ............................................................. ................ ............................................................. ..................... You are, therefore, hereby ordered that in terms of the provisions of article 97A of the Code of Organization and Civil Procedure, you will perform the functions of Judicial Assistant in the aforementioned cause with all the powers given to you by la w, and in such manner that a first sitting should be held on the ................ day of ........................ 20 ....... at ........ a.m/p.m. at .................... and that you w ill thereafter file before t his Court your report and the evidence received, if any, by not later than the date of the first sitting before this same Court. .................................. Judge of the said Court This ............................day of ..................... .. 20 0.23 cents *Strike out where not applicable 364 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Added by: L.N. 122 of 1996. Amended by: L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 27 Notice of hearing of proceedings/evidence before a Judicial Assistant. REPUBLIC OF MALTA To ................................................. Marshall of the Courts. Whereas in a cause before the ( insert name of Court ) ......................... Summons No ..................... between plaintiff ..................................................................... and defendant ................................................ .......................... the Court has appointed Doctor of Laws......................... ....... to perform the functions of a Judicial Assistant therein and in particular to: *(a) ascertain and establis h the issues of fact or of law involved i n the cause, as well as the issues of fact or of law on which the parties agree, and to endeavour to induce the parties to reach an agree ment on the issues involved in the cause, and to make a report thereof to the said Court; *(b) take the testimony of any perso n that is produced as a witnes s; *(c) take any affidavit on any matter; *(d) receive documents produced with any testimony, affidavit or declaration, including in particu lar a testimony, affidavit or declaration as is referred to in the Code of Organization and Civil Procedure ; *(e) ................................................................. .............. ........................................................ ............................ And whereas the said Court ha s appointed the .................. .. day of ............................20 ....... at ............. .....a.m/p.m. for the hearing of proceedings/evidence at .................... ............. before the above stated Judicial Assistant; Wherefore you are ordered that by the delivery of a copy hereof both to the aforesaid plaintiff and defendant or their agent, a ccording to law, you summon them to appear on the day and at the place and time aforesaid before the above stated Judicial Assistant, on which day the proceedings/evidence will be heard and a report thereon made to t h e Court. You are further ordered to warn in the same manner the aforesai d plaintiff and defendant that, s hould they fail to appear on the day, at the place and time aforesaid, or on any subsequent day as may be determined by the said Judicial Assistant, a report thereof shall be made to the said court which shall t ake such action thereon accordin g to law. And after execution, or upon your meeting with any obstacle in the said service, you shall report forthwith to the above mentioned Judicial Assistant. ............................ Doctor of Laws Judicial Assistant of the said Court. This ................................................. day of ..................... 20 ...... 0.23 cents *Strike out where not applicable CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 365 Added by: L.N. 122 of 1996. Amended by: L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 28 A Summons Order given by a Judicial Assistant. REPUBLIC OF MALTA In (here insert name of Court ) Summons No............................... pending before Doctor of Laws .................................................... a Judicial Assistan t, in the cause: ................................................... ................................................... vs. ................................................... ................................................... To the witness: ............................................... ............ Address: ...................................................... .............. By virtue of the powers given to me by sub-article (4) of artic le 97A of the Code of Organization and Civil Procedure , you are hereby being ordered to appear before me on the day and at the place a nd time hereunder mentioned to give evidence in the aforementioned cause: Date and time: ............................................... .............. Place where to attend: ........................................ ........... Documents to be produced: ..................................... ....... You are hereby warned that should you fail to appear on the day and at the time and place hereab ove mentioned, you may be liabl e to the penalties established for contempt of court, and you may be compelled to appear before me by an order of escort or of arres t, and you shall be liable to all the other consequences to which, according to the Code of Organization and Civil Procedure , you may be liable for such disobedience. ................................. Doctor of Laws Judicial Assistant of the said Court This .............................day of .................... 20 .... 0.23 cents 366 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Added by: L.N. 122 of 1996. Amended by: L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 29 A Subpoena order Ad Testificandum and Duces Tecum before a Judicial Assistant. In ( here insert name of Court ) Summons No............................... pending before Doctor of Laws .................................................... a Judicial Assistant, in the cause: ................................................... ................................................... vs. ................................................... ................................................... Application of................................................. ................................ Respectfully requests the issue of a subpoena order in the abov e stated cause against the person mentioned hereunder to attend f or the sitting and at the time stat ed hereunder, and to bring with him the documents hereunder mentioned: Person summoned to attend as witness: ......................... ............... Address:....................................................... ................................ Date, time and place where witn ess is to atte nd: ..... ........ ............ Documents to be brought by witn ess:............. ............... ............... Advocate: ..................................................... ............................. Legal Procurator: ............................................ ........................... This............................................. day of ...... ............ 20 ...... Filed by....................................................... ..................... (Registrar's signature ) 0.23 cents CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 367 Substituted by: L.N. 407 of 2007. REPUBLIC OF MALTA AN ORDER MADE BY THE JUDICIAL ASSISTANT To the witness/witnesses whose na me/s appear/s in the applicati on By virtue of the powers given to me by sub-article (4) of artic le 97A of the Code of Organization and Civil Procedure , I am hereby ordering each person whose name appears as a witness in the application to appear before me on the day and at the place and time mentioned therein to give evidence in the cause mentioned therein. Each witness is hereby being warned that should he fail to appear on the day and at the time and place mentioned therein, he may be compelled to appear before me by an order of escort or o f arrest, and he shall be liable t o all the other consequences to which, according to the Code of Organization and Civil Procedure , he may be liable for such disobedience. .................................... Doctor of Laws Judicial Assistant This ............................................. day of ....... . . . . . . . . . . . . 2 0 . . . . . . 0.23 cents 368 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Added by: L.N. 122 of 1996. Amended by: L.N. 153 of 1996. Substituted by: L.N. 407 of 2007. No. 30 Escort Order issued by a Judicial Assistant against a person failing to attend on subpoena. REPUBLIC OF MALTA AN ORDER MADE BY A JUDICIAL ASSISTANT In ( here insert name of Court ) Summons No............................... pending before Doctor of Laws .................................................... a Judicial Assistant, in the cause: ................................................... ................................................... vs. ................................................... ................................................... To Marshal of the Courts. Whereas it had been ordered by me on the ...................... ........ that ........................................................ s hould attend before me as a witness on the da y and at the place me ntioned in the order ; And whereas the same person has failed to attend as ordered; Wherefore, after having seen the provisions of sub-article (4) of article 97A of the Code of Organization and Civil Procedure, I am hereby ordering you to bring before me the said person, and to keep him/her until he/she shall give his/her evidence, at the place and time mentioned hereunder, or until I shall give you another ord er. Date and time: ................................................ .................... Place where witness is to atte nd: ............. ........ ........ .............. ............................................................... ............................ Documents to be brought by wi tness ........... ......... ........ .......... ............................................................... ............................ ..................................... Doctor of Laws Judicial Assistant This ..................................... day of ............ . 20 ......... Address of witness: ........................................... .............. 0.23 cents CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 369 Added by: L.N. 383 of 2003. Amended by: L.N. 68 of 2006. Form No. 31 Application No.: ............ Issue: This ........................... Service: Filled by: ..................... Copy: Registrar COURT OF MAGISTRATES (MALTA) COURT OF MAGISTRATES (GOZO) -- NOTICE You are hereby requested to appear before the above-mentioned Court on at in order to answer why and to state why you should not be condemned and, should you fail to appear on the date and at the time abov e- mentioned, the Court shall deci de the case in terms of law. Issued on ...................... Registrar 370 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Added by: L.N. 36 of 2009. Amended by: XV .2009.49. Substituted by: XXXI.2019.11. Form No. 32 Warrant of Arrest of Sea Vessels over ten (10) metres in l ength (Precautionary) In .............................. Warrant No. ............... ........ Applicant……..................... ............................................. ............................................. vs Respondent ...... ............................................. ............................................. Application of ................................................ ................................. It is being respectfully submitted and confirmed on oath by ... ......:- That the applicant seeks to safeguard a debt or a claim, whethe r in personam or in rem, which could be frustrated by the departure of the sea vessel indicated in this application; That the debt or claim is the following:- That the details of the said sea vessel of which the arrest is being requested, are the following:- - Name:- ...................................................... .................................... - Identification details of the sea vessel: 1. 2. 3. 4. - Place where the said vessel is to be found .................. .................. - Authority: Authority for Transport in Malta ................ ................ That the details of the person b eing indicated by the applicant to effect service of a copy of this warrant in accordance to sub-a rticle (3) of article 856 are the following:- CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 371 Full name of individual or company name: ................. Identity card number or compa ny registration number: ....... Address: ............................................. ............................................................... .................................. That the applicant confirms that the above-mentioned person has accepted to effect the said service. That by the departure of the sai d sea vessel from Malta, the de bt or claim of the applicant may be evaded; Therefore, the applicant respectfu lly requests that this Honour able Court orders the issue of a Warra nt of Arrest of Sea Vessels ag ainst the said sea vessel for the herein mentioned credit and with th e costs of this procedure. Advocate Legal Procurator Confirmed on oath before me after having read to him or her the contents. Filed by:- Deputy Registrar 372 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE No. 32 Warrant of Arrest of Seagoing Vessels over ten (10) metres in l ength (Precautionary) Court Order Republic of Malta Warrant No. .................................................. Whereas the attached said application has been filed and there exist sufficient grounds according to law for the issuance of the War rant of Arrest of Seagoing Vessels; This Court thus:- Orders the Authority for Transport in Malta or any other authority so designated by the Minister in accordance with article 857 of the Code of Organization and Civil Pr ocedure (Cap. 12), which has i n its hands or under its control the seagoing vessel against whic h such warrant of arrest is being issued, to seize the vessel and not release such sea vessel or allow the debtor to divest himself i n any way from the same vessel, in whole or in part, or to give or surrender to any person any rights on the same; Orders the same authority to ta ke all necessary m easures to dis play the court order for the genera l attention of third parties; Orders the Executive Officer to execute this warrant by serving it forthwith on the authority which has in its hands or under its control the seagoing vessel against which such warrant of arres t is being issued, and on the person indicated by the applicant to e ffect service of a copy of the warrant in accordance to sub-article ( 3) of article 856 unless the person is not the same Executive Officer who is executing this warrant; Orders that person indicated by the applicant to effect service of a copy of the warrant in accordance to sub-article (3) of article 856 on the person whose ship or vesse l is arrested, the master or o ther person in charge of such ship or vessel, and to elevate the appropriate documentation and cer tification from on board the s hip or vessel, which documentation and certification shall within o ne (1) working day, be handed over to the Registrar, Civil Courts and Tribunals, by the person indicated by the applicant. Given by the (name of Court) and witnessed by Doctor of Laws, of the above-mentioned Court. Today, day of 20 CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 373 Added by: L.N. 36 of 2009. Amended by: XV .2009.49. Substituted by: XXXI.2019.11. Form No. 33 Executive Warrant of A rrest of Sea Vessels over ten (10) metres in length Before ............................ .. Warrant No. ............. ............... Applicant ....................... ........................................ ......................................... vs Respondent ....................... ........................................... ........................................... Application of ................................................ ................................. It is being respectfully submitted:- That the applicant is in possession of an executive title and w ishes to enforce same on the sea vessel hereunder indicated, the execution of which title could be frustrated by the departure of the sea vessel indicated in this application; That the executive title is the following:- That the details of the said sea vessel of which the arrest is being requested, are the following:- - Name:- ...................................................... .................................... - Identification details of the sea vessel:- 1. 2. 3. 4. - Place where the said vessel is to be found .................. ......... - Authority: Authority for Transport in Malta ................ ........ That the details of the person being indicated by the applicant to effect service of a copy of this warrant in accordance to sub-a rticle 374 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE (3) of article 856 are the following:- Full name of individual or c ompany name: .................... Identity card number or company registration number: ...... Address: ...................................................... ............. ............................................................... ................ That the applicant confirms that the above-mentioned person has accepted to effect the said service. Therefore, the applicant respectfu lly requests that this Honour able Court orders the issue of an Executive Warrant of Arrest of Sea Vessels against the said sea vessel for the herein mentioned cr edit and for the costs of this proced ure and (1) order the sale of t he said vessel or (2) fix a time-limit within which the respondent shal l pay the amount due as this Cour t deems appropriate. Advocate Legal Procurator Filed by:- .................................................... .................. Deputy Registrar CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 375 No. 33 Executive Warrant of A rrest of Sea Vessels over ten (10) metres in length (Order for Payment) Court Order Republic of Malta Warrant No. ................................................... .................................. Whereas the attached said application has been filed and there exist sufficient grounds according to law for the issuance of the ord er herein contained; This Court thus:- Orders the respondent to pay the amount due as requested within .... days, and the present warrant shall remain in force defini tively until payment of the full amount is effected; Orders the Authority for Transport in Malta or any other author ity so designated by the Minister and which has in its hands or und er its control the seagoing vessel a gainst which such warrant of a rrest is being issued, to seize the vessel and not release such sea v essel or allow the debtor to divest himself in any way from the same vessel, in whole or in part, or to give or surrender to any person any rights on the same; Orders the same authority to take all necessary me asures to dis play the court order for the general attention of third parties; Orders the Executive Officer to execute this warrant by serving it forthwith on the authority which has in its hands or under its control the seagoing vessel against which such warrant of arres t is being issued, and on the person indicated by the applicant to e ffect service of a copy of the warrant in accordance to sub-article ( 3) of article 856 unless this person is not the same Executive Office r who is executing this warrant; Orders that person indicated by the applicant to effect service of a copy of the warrant in accordance to sub-article (3) of article 856 on the person whose ship or vessel is arrested, the master or o ther person in charge of such ship or vessel, and to elevate the appropriate documentation and certification from on board the s hip or vessel, which documentation and certification shall within o ne (1) working day, be handed over to the Registrar, Civil Courts and Tribunals, by the person ind icated by the applicant. Given by the (name of Court) 376 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE and witnessed by Doctor of Laws, of the above-mentioned Court. Today, day of 20 No. 33 Executive Warrant of Arrest of Sea Vessels over ten (10) metres in length (Order of Judicial sale, by auction - given after issuance of an Order for Payment) Court Order Republic of Malta Warrant No. ................................................. Whereas the attached said application has been filed and there exist sufficient grounds according to law for the issuance of the ord er herein contained; This Court thus:- Orders the sale by judicial auction of the said vessel as indic ated in the primary application; Orders the Registrar to appoint experts in terms of article 89 of the Code of Organization and Civil Procedure (Cap. 12) as may be required; Sets the day, time and place of the judicial sale of the vessel as being the following:- Orders the Executive Officer to execute this warrant by notifyi ng forthwith this warrant to the authority which has in its hands or under its control the seagoing vessel against which such warran t of arrest is being issued, and to the person indicated by the appl icant in accordance with sub-article (3 ) of article 856 unless this p erson is not the same Executive Offi cer who is executing this warrant ; Orders that person indicated by the applicant to effect service of a copy of this warrant in accordance to sub-article (3) of articl e 856 on the person whose ship or vesse l is arrested, the master or o ther person in charge of such ship or vessel following which he shal l personally inform the Registrar, Civil Courts and Tribunals, of his endeavours. Given by the (name of Court) CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 377 and witnessed by Doctor of Laws, o f t h e a b o v e - m e n t i o n e d Court. Today, day of 20 No. 33 Executive Warrant of Arrest of Sea Vessels over ten (10) metres in length (Order of Judicial sale, by auction - given without the issuance of an Order for Payment) Court Order Republic of Malta Warrant No. ................................................... .................................. Whereas the attached said application has been filed and there exist sufficient grounds according to law for the issuance of the ord er herein contained; This Court thus:- Orders the sale by judicial auction of the said vessel as indic ated in the primary application; Orders the Registrar to appoint experts in terms of article 89 of the Code of Organization and Civil Procedure (Cap. 12) as may be required; Orders that the appraisals of th e expert/s shall be filed withi n ...... days; Orders the Authority for Transport in Malta or any other author ity so designated by the Minister and which has in its hands or und er its control the seagoing vessel a gainst which such warrant of a rrest is being issued, to seize the vessel and not release such sea v essel or allow the debtor to divest himself in any way from the same vessel, in whole or in part, or to give or surrender to any person any rights on the same; Orders the same authority to take all necessary me asures to dis play the court order for the general attention of third parties; Orders the Executive Officer to execute this warrant by serving it forthwith on the authority which has in its hands or under its control the seagoing vessel against which such warrant of arres t is being issued, and on the person indicated by the applicant to e ffect 378 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE service of a copy of the warrant in accordance to sub-article ( 3) of article 856 unless this person is not the same Executive Office r who is executing this warrant; Orders that person indicated by the applicant to effect service of a copy of the warrant in accordance to sub-article (3) of article 856 on the person whose ship or vesse l is arrested, the master or o ther person in charge of such ship or vessel, and to elevate the appropriate documentation and cer tification from on board the s hip or vessel, which documentation and certification shall within o ne (1) working day, be handed over to the Registrar, Civil Courts and Tribunals, by the person indicated by the applicant; Sets the day, time and place of the judicial sale of the vessel as being the following:- Given by the (name of Court) and witnessed by Doctor of Laws, of the above-mentioned Court. Today, day of 20. CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 379 Added by: L.N. 158 of 2012. Form No. 34 Warrant of Arrest of an Aircraft in security of a debt or any other claim amounting to not less than seven thousand euro (PRECAUTIONARY) Before ................................ Warrant No. ............ ............... Applicant ................................. . ............................................... ................................................. vs Respondent .............................. ................................................. ................................................. Application of ................................................ ............ It is being respectfully subm itted and confirmed on oath by ............................................................... ..................................:- That the applicant seeks to safeguard a debt or a claim, whethe r in personam or in rem, which cou ld be frustrated by the departu re of the aircraft indicat ed in this warrant; That the claim or debt is the following:- That the details of the said aircraft are the following:- - Name:- ...................................................... ........................ - Identification deta ils of the aircraft 1. ............................................................ ................................... 2. ............................................................ ................................... 3. ............................................................ ................................... 4. ............................................................ ................................... - Place where the sa id aircraft is to be found ................ ........ - Authority: Authority for Tra nsport in Malta ............... ..... That by the departure of the sai d aircraft from Malta, the debt or claim of the applicant may be evaded; Therefore, the applicant respect fully requests that this Court orders the issue of a Warrant of Arrest of an Aircraft against the said aircraft for the herein men tioned credit and for the costs of this procedure. ............................................ ................. ................................... Advocate Legal Procurator Confirmed on oath before me aft er having read to him/her the contents, and filed by:- 380 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Form No. 34 Warrant of Arrest of an Aircraft in security of a debt or any other claim amounting to not less than seven thousand euro (PRECAUTIONARY) Court Order Republic of Malta Warrant No .................................................. Whereas the attached application has been filed and there exist sufficient grounds according to law for the issuance of the War rant of Arrest of an Aircraft; The Court thus:- Orders the Authority for Transport in Malta or any other authority so designated by the Minister and which has in its ha nds or under its control the aircraft against which such warrant is being issued, to seize the aircraft and not release such aircraft or allow the debtor to divest himself in any way of the same in whole or in part or to give or surrender to any person any rights on the sa me; Orders the same authority to t ake all necessary measures to display the court order for the general attention of third part ies; Orders the Executive Officer to execute this warrant by serving it on the executive officer of the authority which has in its hand s or under its control the aircraft against which such warrant is be ing issued; Orders the Executive Officer to serve a copy of the warrant on the person whose aircraft is a rrested, the commander or other person in charge of such aircraft or the agent of such aircraft ; Orders the Executive Officer to take all necessary actions to ensure the execution of this warrant, including the seizure and removal of all travel documentation of the same aircraft. Given by the Court Today CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 381 Added by: L.N. 158 of 2012. Form No. 35 EXECUTIVE WARRANT of Ar rest of an Aircraft in security of a debt or any other claim amounting to not less than seven thousand euro Before .................................. Warrant No. .......... ................... Applicant ................................. . ............................................... ................................................. vs Respondent .............................. ................................................. ................................................. Application of ................................................ ............ It is being respectfully subm itted and confirmed on oath by ............................................................... ..................................:- That the applicant is in possession of an executive title and wishes to enforce same on the aircraft hereunder indicated, the execution of which title could be frustrated by the departure o f the aircraft indicated in this warrant; That the executive title is the following:- That the details of the said aircraft are the following:- - Name:- ...................................................... ........................ - Identification deta ils of the aircraft 1. ............................................................ ................................... 2. ............................................................ ................................... 3. ............................................................ ................................... 4. ............................................................ ................................... - Place where the sa id aircraft is to be found ................ ........ - Authority: Authority for Tra nsport in Malta ............... ..... - Place where the said aircraf t is to be found ................ ....... - Authority: Authority for Tra nsport in Malta ............... ..... Therefore, the applicant respectfully requests that this Court orders the issue of an Executive Warrant of Arrest of an Aircra ft against the said aircraft for th e herein mentioned credit and f or the costs of this procedure and (1) order the sale of the said airc raft or (2) fix a time-limit within which the debtor is to pay the amou nt due. ....................................... ........................ .......................... Advocate Legal Procurator Confirmed on oath before me aft er having read to him/her the contents, and filed by:- 382 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Form No. 35 EXECUTIVE WARRANT of Arrest of an Aircraft in security of a debt or any other claim amounting to not less than seven thousand euro (Order for payment ) Court Order Republic of Malta Warrant No. ................................................. Whereas the attached application has been filed and there exist sufficient grounds according to law for the issuance of the ord er herein contained; The Court thus:- Orders the debtor to pay the amount due as requested within ........................... days, and that the present warrant shall remain in force definitively until payment of the full amount is effected ; Orders the Authority for Transport in Malta or any other authority so designated by the Minister and which has in its ha nds or under its control the aircraft against which such warrant is being issued, to seize the aircraft and not release such aircraft or allow the debtor to divest himself in any way of the same in whole or in part or to give or surrender to any person any rights on the sa me; Orders the same authority to t ake all necessary measures to display the court order for the general attention of third part ies; Orders the Executive Officer to execute this warrant by serving it on the executive officer of the authority which has in its hand s or under its control the aircraft against which such warrant is be ing issued; Orders the Executive Officer to serve a copy of the warrant on the person whose aircraft is a rrested, the commander or other person in charge of such aircraft or the agent of such aircraft ; Orders the Executive Officer to take all necessary actions to ensure the execution of this warrant, including the seizure and removal of all travel documentation of the same aircraft. Given by the Court Today CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 383 Form No. 35 EXECUTIVE WARRANT of Ar rest of an Aircraft in security of a debt or any other claim amounting to not less than seven thousand euro (Order of Judicial sale - given after issuance of an Order for payment ) Court Order Republic of Malta Warrant No ................................................. Whereas the attached application has been filed and there exist sufficient grounds according to law for the issuance of the ord er herein contained; The Court thus:- Orders the sale by judicial auction of the said aircraft as indicated in th e application; Orders the Registrar to appoint experts in terms of article 89 of the Code of Organization and Civi l Procedure (Cap. 12) as may b e required; Sets the day, time and place of the judicial sale as being the following:- Orders the Registrar to notify this decree to the Authority for Transport in Malta or any other authority so designated by the Minister and which has in its hands or under its control the aircraft against which such warrant is being issued as well as on the pe rson whose aircraft is arrested, the commander or oth er person in ch arge of the aircraft or the a gent of such aircraft. Given by the Court Today 384 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Form No. 35 EXECUTIVE WARRANT of Arrest of an Aircraft in security of a debt or any other claim amounting to not less than seven thousand euro (Order of Judicial sale - without the issuance of an Order for payment ) Court Order Republic of Malta Warrant No ................................................. Whereas the attached application has been filed and there exist sufficient grounds according to law for the issuance of the ord er herein contained; The Court thus:- Orders the sale by judicial auction of the said aircraft as indicated in the application; Orders the Registrar to appoint experts in terms of article 89 of the Code of Organization and Civ il Procedure (Cap. 12) as may b e required; Orders that the appraisals of the expert/s are to be filed with in ...................... days; Orders the Authority for Transport in Malta or any other authority so designated by the Minister and which has in its ha nds or under its control the aircraft against which such warrant is being issued, to seize the aircraft and not release such aircraft or allow the debtor to divest himself in any way of the same in whole or in part or to give or surrender to any person any rights on the sa me; Orders the same authority to t ake all necessary measures to display the court order for the general attention of third part ies; Orders the Executive Officer to execute this warrant by serving it on the executive officer of the authority which has in its hand s or under its control the aircraft against which such warrant is be ing issued; Orders the Executive Officer to take all necessary actions to ensure the execution of this warrant, including the seizure and removal of all travel documentation of the same aircraft. Sets the day, time and place of the judicial sale as being the following:- Orders the Registrar to notify this decree to the Authority for Transport in Malta or any other authority so designated by the Minister and which has in its hands or under its control the aircraft against which such warrant is being issued as well as to the pe rson whose aircraft is arre sted, the commander or other person in ch arge of such aircraft or the agent of such aircraft. Given by the Court Today CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 385 Added by: L.N. 158 of 2012. Form No. 36 Warrant of Arrest of an Aircraft in security of a debt or any other claim amounting to not less than one million euro (PRECAUTIONARY) Before .................................. Warrant No. .......... ................... Applicant ................................. . ............................................... ................................................. vs Respondent .............................. ................................................. ................................................. Application of ................................................ ............ It is being respectfully subm itted and confirmed on oath by ............................................................... ..................................:- That the applicant seeks to safeguard a debt or a claim, whethe r in personam or in rem, which cou ld be frustrated by the departu re of the aircraft indicat ed in this warrant; That the claim or debt is the following:- That the details of the said aircraft are the following:- - Name:- ...................................................... ........................ - Identification deta ils of the aircraft 1. ............................................................ ................................... 2. ............................................................ ................................... 3. ............................................................ ................................... 4. ............................................................ ................................... - Place where the sa id aircraft is to be found ................ ........ - Authority: Authority for Tr ansport in Malta ............... ...... That by the departure of the said aircraft from Malta, the debt or claim of the applicant may be evaded; Therefore, the applicant respect fully requests that this Court orders the issue of a Warrant of Arrest of an Aircraft against the said aircraft for the herein men tioned credit and for the costs of this procedure. ...................................... ......................... ..................... Advocate Legal Procurator Confirmed on oath before me after having read to him/her the contents, and filed by:- 386 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Form No. 36 Warrant of Arrest of an Aircraft in security of a debt or any other claim amounting to not less than one million euro (PRECAUTIONARY) Court Order Republic of Malta Warrant No .................................................. Whereas the attached application has been filed and there exist sufficient grounds according to law for the issuance of the War rant of Arrest of an Aircraft; The Court thus:- Orders the Authority for Transport in Malta or any other authority so designated by the Minister and which has in its ha nds or under its control the aircraft against which such warrant is being issued, to seize the aircraft and not release such aircraft or allow the debtor to divest himself in any way of the same in whole or in part or to give or surrender to any person any rights on the sa me; Orders the same authority to t ake all necessary measures to display the court order for the general attention of third part ies; Orders the Executive Officer to execute this warrant by serving it on the executive officer of the authority which has in its hand s or under its control the aircraft against which such warrant is be ing issued; Orders the Executive Officer ser ve a copy of the warrant on the person whose aircraft is arrested , the commander or other perso n in charge of such aircraft or t he agent of such aircraft; Orders the Executive Officer to take all necessary actions to ensure the execution of this warrant, including the seizure and removal of all travel documentation of the same aircraft. Given by the Court Today CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 387 Added by: L.N. 158 of 2012. Form No. 37 EXECUTIVE WARRANT of Ar rest of an Aircraft in security of a debt or any other claim amounting to not less than one million euro Before .................................. Warrant No. .......... ................... Applicant ................................. . ............................................... ................................................. vs Respondent .............................. ................................................. ................................................. Application of ................................................ ............ It is being respectfully subm itted and confirmed on oath by ............................................................... ..................................:- That the applicant is in possession of an executive title and wishes to enforce same on the aircraft hereunder indicated, the execution of which title could be frustrated by the departure of the aircraft indicated in this warrant; That the executive title is the following:- That the details of the said aircraft are the following:- - Name:- ...................................................... ........................ - Identification deta ils of the aircraft 1. ............................................................ ................................... 2. ............................................................ ................................... 3. ............................................................ ................................... 4. ............................................................ ................................... - Place where the sa id aircraft is to be found ................ ........ - Authority: Authority for Tr ansport in Malta ............... ...... Therefore, the applicant respect fully requests that this Court orders the issue of an Executive Warrant of Arrest of an Aircra ft against the said aircraft for th e herein mentioned credit and f or the costs of this procedure and (1) order the sale of the said airc raft or (2) fix a time-limit within which the debtor is to pay the amou nt due. ...................................... ......................... ..................... Advocate Legal Procurator Confirmed on oath before me after having read to him/her the contents, and filed by:- 388 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Form No. 37 EXECUTIVE WARRANT of Arrest of an Aircraft in security of a debt or any other claim amounting to not less than one million euro (Order for payment ) Court Order Republic of Malta Warrant No. ................................................. Whereas the attached application has been filed and there exist sufficient grounds according to law for the issuance of the ord er herein contained; The Court thus:- Orders the debtor to pay the amount due as requested within ............................... days, and the present warrant s hall remain in force definitively until payment of the full amount is effected ; Orders the Authority for Transport in Malta or any other authority so designated by the Minister and which has in its ha nds or under its control the aircraft against which such warrant is being issued, to seize the aircraft and not release such aircraft or allow the debtor to divest himself in any way from the same in whole or in part or to give or surrender to any person any rights on the same; Orders the same authority to t ake all necessary measures to display the court order for the general attention of third part ies; Orders the Executive Officer to execute this warrant by serving it on the executive officer of the authority which has in its hand s or under its control the aircraft against which such warrant is be ing issued; Orders the Executive Officer ser ve a copy of the warrant on the person whose aircraft is arrested , the commander or other perso n in charge of such aircraft or t he agent of such aircraft; Orders the Executive Officer to take all necessary actions to ensure the execution of this warrant, including the seizure and removal of all travel documentation of the same aircraft. Given by the Court Today CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 389 Form No. 37 EXECUTIVE WARRANT of Ar rest of an Aircraft in security of a debt or any other claim amounting to not less than one million euro (Order of Judicial sale - given after issuance of an Order for payment ) Court Order Republic of Malta Warrant No ................................................. Whereas the attached application has been filed and there exist sufficient grounds according to law for the issuance of the ord er herein contained; The Court thus:- Orders the sale by judicial auction of the said aircraft as indicated in th e application; Orders the Registrar to appoint experts in terms of article 89 of the Code of Organization and Civi l Procedure (Cap. 12) as may b e required; Sets the day, time and place of the judicial sale as being the following:- Orders the Registrar to notify this decree to the Authority for Transport in Malta or any other authority so designated by the Minister and which has in its hands or under its control the ai rcraft against which such warrant is being issued as well as to the pe rson whose aircraft is arrested, the commander or oth er person in ch arge of such aircraft or the agent of such aircraft. Given by the Court Today 390 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Form No. 37 EXECUTIVE WARRANT of Arrest of an Aircraft in security of a debt or any other claim amounting to not less than one million euro (Order of Judicial sale - without the issuance of an Order for payment ) Court Order Republic of Malta Warrant No ................................................. Whereas the attached application has been filed and there exist sufficient grounds according to law for the issuance of the ord er herein contained; The Court thus:- Orders the sale by judicial auction of the said aircraft as indicated in the application; Orders the Registrar to appoint experts in terms of article 89 of the Code of Organization and Civ il Procedure (Cap. 12) as may b e required; Orders that the appraisals of the expert/s are to be filed with in ...................... days; Orders the Authority for Transport in Malta or any other authority so designated by the Minister and which has in its ha nds or under its control the aircraft against which such warrant is being issued, to seize the aircraft and not release such aircraft or allow the debtor to divest himself in any way from the same in whole or in part or to give or surrender to any person any rights on the same; Orders the same authority to t ake all necessary measures to display the court order for the general attention of third part ies; Orders the Executive Officer to execute this warrant by serving it on the executive officer of the authority which has in its hand s or under its control the aircraft against which such warrant is be ing issued; Orders the Executive Officer to take all necessary actions to ensure the execution of this warrant, including the seizure and removal of all travel documentation of the same aircraft. Sets the day, time and place of the judicial sale as being the following:- Orders the Registrar to notify this decree to the Authority for Transport in Malta or any other authority so designated by the Minister and which has in its hands or under its control the aircraft against which such warrant is being issued as well as to the pe rson whose aircraft is arre sted, the commander or other person in ch arge of such aircraft or the agent of such aircraft. Given by the Court Today CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 391 Form No. 38 Warrant of Ejectment or Expulsion from Sea Vessels or Aircraft. In (here insert name of Court) (Applicant).................................................... ........................ Versus (Respondent)............................................................................ Application of Respectfully requests:- That this Court orders the issue of a warrant of ejectment or expulsion against the respondent, including any operator, lesse e or other occupants, including any members of their staff (from the herein mentioned aircraft or sea vesse l) in execution of the notice of termination herein mentioned, whereas the respondent has so far failed so to do. Details of the Aircra ft or Sea Vessel: Details Notice of Termination: Place where the said aircraft or sea vessel is to be found: Authority: Authority for Transport in Malta Advocate: Legal Procurator: Filed by (Registrar’s signature) This, day of 20 392 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE No. 38 Warrant of Ejectment or Expulsi on from Sea Vessels or Aircraft. Court Warrant Republic of Malta To Marshal of the Courts WHEREAS by a notice of the termination of the lease, as stated in the aforementioned application, r espondent was condemned to qui t the said Aircraft or Sea Vessel, and whereas the said respondent ha s so far failed to do so; You are, therefore, on the said application, ord ered to cause t he respondent to be actually ejected from the aircraft or sea vess el mentioned in the application, leaving the same free in favour o f the said applicant, enjoining further the said respondent by delive ring a copy of the warrant, not to dist urb the aforesaid applicant in the free enjoyment of the said aircraft o r sea vessel, under the penalti es established for contempt of court. And after execution, or upon your meeting with any obstacle in the execution hereof, you shall fort hwith report to this Court. Given by the (name of Court) and witnessed by Doctor of Laws of the said Court. This, day of 20 CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 393 Added by: XXIV .1995.359. Substituted by: L.N. 407 of 2007. SCHEDULE C [ARTICLE 249] (1) .......................................................... ................Bank Ltd. stands surety in solidum with appellant (2)................................... for the costs of the appeal entered in the case (3) ........................................ up to the amount of (4 ).......................... euro (€ ....... ) and this for the purpose and in terms of arti cle 249 of the Code of Organization and Civil Procedure, Cap. 12. This suretyship shall remain in force up to six months from the date on which the said appeal is decided, withdrawn or deemed deserted and consequently it will lapse if no written demand ar ising from this suretyship is made wit hin the said period of six mont hs. Before effecting any payment unde r this suretyship, the Bank may require the production of the Registrar’s declaration stati ng the date on which the appeal h as been decided, withdrawn or deserted as well as of the necessary documentation in support o f the claim for payment. Today the day of 20 (5) ........................... for Bank Ltd. (1) Name of Bank (2) Details of application (3) Details of appealed case (4) Amount of surety (5) Signatory of Bank