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S.L. 12.9 · Court Practice And Procedure (S.L. 12.9)

S.L. 12.9 Art. 9Causestobeheard, etc., in chronological order. Cap. 12. Cap. 12.

En vigueurTexte officiel

(1) In making the list referred to in article 194 of the Code, the Registrar, Civil Court and Tribunals, or the Registrar, Gozo

Courts and Tribunals, as the case may be, shall act in accordance with such instructions as may be given to him by the court, which shall ensure that, as far as possible, causes shall be heard and decided in the chronological order of the date of filing of the act with which the cause was introduced in the registry of the court. Not all causes ready for hearing shall be inserted in the list, but only as many as the Judge or Magistrate, as the case may be, considers he can deal with in any particular sitting: Provided that, without prejudice to anything contained in any other law, priority shall be given in setting a cause for hearing and in the hearing thereof to -

(i) cases of retrial;

(ii) spoliation suits referred to in article 791 of the Code;

(iii) cases of contempt of court;

(iv) appeals from decisions of the Civil Court (Family Section);

(v) cases dealing with recognition and enforcement of foreign judgments;

(vi) arbitration cases; and

(vii) cases which of their nature require to be treated with greater expeditiousness.

(2) Witnesses summoned for a particular sitting shall, as far as possible, be heard at such sitting.

(3) The hearing of a cause, whether at pre-trial or trial stage, or other procedure shall, as far as possible, be by appointment for a given time as determined by the court or by the judicial assistant, as the case may be.

(4) Where several causes or other procedures are to be heard during the course of any sitting, the court or the judicial assistant shall stagger the said causes or procedures at reasonable intervals to ensure that the parties, and witnesses if any, are not required to attend at the same time.