Cap. 12 · Code Of Organization And Civil Procedure (Cap. 12)
Cap. 12 Art. 181DTransfer and execution of warrants and orders between courtsin Malta and courts in Gozo.
Title IV
(1) A request for the issue of a warrant or garnishee order by a civil court or tribunal in Gozo may be filed in the Registry of the Civil Courts and Tribunals, Malta.
(2) The registrar of the Civil Courts and Tribunals, Malta, shall transmit such a request to the registrar of the competent civil court or tribunal in Gozo indicated in the request.
(3) The registrar of the Civil Courts and Tribunals, Gozo shall forward such a request to the competent civil court or tribunal in Gozo indicated in the request to deal with it in terms of law.
(4) If the competent civil court or tribunal in Gozo decrees that such warrant or order is to be executed in Gozo or Comino, a copy thereof shall be transmitted by the registrar of the Civil Courts and Tribunals, Gozo indicated in the request to the registrar of the competent civil court or tribunal in Malta from where the request originated. A copy of the decree shall be served on the person requesting the issue of such warrant or order.
(5) The officer effecting execution shall deliver to the registrar of the competent civil court or tribunal in Gozo indicated in the request the certificate of service or execution, duly confirmed on oath before the registrar himself who shall transmit it to the registrar of the competent court or tribunal in Malta from where the request originated.
(6) The provisions of sub-articles (1) to (4), both inclusive, shall mutatis mutandis apply when a judicial act is filed in the registry of a competent civil court or tribunal in Gozo for onward transmission to the competent civil court or tribunal in Malta.
(7) The date of filing shall be the date when the warrant or a garnishee order was first filed in the registry of the Civil Courts and Tribunals, Malta and not when the warrant or garnishee order was received by the registry of the Civil Courts and Tribunals, Gozo and vice-versa.
Amendment history
- Amended by VII.2014.5