Cap. 12 чл. 606Examination of witness about to leave Malta, etc.

(1) Where any person whose evidence is required in a cause which is pending, is about to leave Malta, or is so infirm or advanced in years that he might die or become unable to give his evidence before the time when such cause will come up for trial, or is unable to attend the trial, it shall be lawful for the court, saving the cases referred to in article 611, to commit the examination of such person to a judicial assistant; and in any such case, the questions put to the witness, together with his answers thereto, shall be taken down in writing, and the deposition shall be signed or marked by the witness himself.

(2) The demand for the examination of any person as provided in sub-article (1), if made before the day appointed for the trial or the continuation of the trial of the cause, shall be by an application and the applicant shall swear that he has reason to believe that the witness is about to leave Malta or is unable to appear before the court, as the case may be; during the hearing such demand may be made orally.

(3) Where the cause is pending before any of the superior courts, or before the Court of Magistrates (Malta), and the person to be examined under the provisions of this article is in the Island of Gozo or of Comino, it shall be lawful for the court to commit the examination of such person to a judicial assistant; and where the cause is pending before the Court of Magistrates (Gozo), and the person to be examined as aforesaid is in the Island of Malta, it shall be lawful for the court to commit the examination of such person to a judicial assistant. to (4) In the cases referred to in this article, the oath may be administered by the judicial assistant.

(5) The party by whom the evidence is required shall, before the order of the court is carried out, deposit with the registrar a sufficient sum to cover any expense which may be incurred for the execution of the order; and in default of such deposit, it shall be lawful for the court to decide the cause without such evidence.