Civil Procedure Code at Malta
Malta's civil litigation is governed by the Code of Organisation and Civil Procedure (COCP), officially known as Chapter 12 of the Laws of Malta. This foundational legal framework, enacted in 1855, has undergone numerous reforms to modernize civil procedures and enhance judicial efficiency.
⚖️ Structure and Key Provisions
The COCP outlines the procedural rules for civil cases in Malta, encompassing:
Initiation of Proceedings: Procedures for commencing civil actions, including the filing of claims and responses.
Court Hearings: Regulations governing the conduct of court sessions, including the presentation of evidence and examination of witnesses.
Judgments and Appeals: Guidelines on the rendering of decisions and the process for appealing judgments.
Execution of Judgments: Procedures for enforcing court orders and judgments.
Special Proceedings: Rules for specific types of civil cases, such as family law matters and commercial disputes.
🛠️ Recent Reforms and Amendments
To align with contemporary needs, several amendments have been introduced:
Justice Reform (Civil Procedure) Act (Act XXXII of 2021): Effective from June 18, 2021, this Act brought significant changes, including: (Act XXXII Of 2021 – The Justice Reform (Civil Procedure) Act - Civil Law - Malta)
Extended Time Limits: The period for filing appeals and submitting replies has been increased from 20 to 30 days to allow for more thorough preparation. (Act XXXII Of 2021 – The Justice Reform (Civil Procedure) Act - Civil Law - Malta)
Written Proceedings: All court proceedings are now conducted in writing unless the Court of Appeal schedules an oral hearing. (Act XXXII Of 2021 – The Justice Reform (Civil Procedure) Act - Civil Law - Litigation, Mediation & Arbitration - Malta)
Rejoinder Procedure: Appellants may request permission to file a rejoinder if new issues are raised in the reply, provided the Court deems it necessary. (Act XXXII Of 2021 – The Justice Reform (Civil Procedure) Act - Civil Law - Litigation, Mediation & Arbitration - Malta)
Default in Filing Pleadings: Parties failing to submit pleadings on time may apply to the Court of Appeal to be allowed to submit them, provided they show good cause. (Act XXXII Of 2021 – The Justice Reform (Civil Procedure) Act - Civil Law - Litigation, Mediation & Arbitration - Malta)
Desertion of Cause: Appeals not re-appointed for hearing within three months are considered abandoned, a reduction from the previous six-month period. (Act XXXII Of 2021 – The Justice Reform (Civil Procedure) Act - Civil Law - Malta)
📘 Accessing the Code
The full text of the Code of Organisation and Civil Procedure is available in English and can be accessed through the official government portal: (Code of Organisation and Civil Procedure – Chapter 12 – Chamber of Advocates Malta)
👉 Chapter 12 – Code of Organisation and Civil Procedure (English)
For the most recent amendments and updates, refer to the latest version published on the same portal.
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