S.L. 12.9 ст. 29Leave of absence. Cap. 9. (a) Applicant Respondent. who the day of as the said or affirmation, produce (g) in writing the down in the such witness do sign the do transmit the through the of such or Consul of I, annexed hereto (i) the of 20 pending in at in the directing the (ii) the , pursuant of 20

(1) Except where a Judge is away from Malta on a visit, or to attend a seminar, conference or other similar meeting, as approved by the Chief Justice or by the Judicial Studies Committee, he shall apply to the Senior Administrative Judge for leave of absence, including where necessary leave to be away from Malta, at least three days before such leave is required. The Senior Administrative Judge shall, before granting such leave, ensure that adequate arrangements have been made for urgent matters, which may arise in the court to which that Judge is assigned, to be dealt with by another Judge and, where the Judge seeking such leave ordinarily sits in a collegial court, the Senior Administrative Judge shall consult with the president of that court.

(2) Without prejudice to the provisions of article 547(2) of the Criminal Code, except where a Magistrate is away from the Islands on a visit, or to attend a seminar, conference or other similar meeting, as approved by the Chief Justice or by the Judicial Studies Committee, he shall apply to the Senior Magistrate for leave of absence, including where necessary leave to be away from Malta, at least three days before such leave is required. The Senior Magistrate shall, before granting such leave, ensure that adequate arrangements have been made for urgent matters, which may arise in the court to which that Magistrate is assigned, to be dealt with by another Magistrate.

(3) The provisions of the foregoing sub-rules, shall, mutatis apply to the Senior Administrative Judge and the Senior mutandis, Magistrate, sohowever that in their case they shall apply to the Chief Justice. ANNEX A

[Rule 15(4)] Form No. 1 Order for the Examination of Witnesses

The Court of Appeal In the manner of a (civil or commercial) proceeding now pending before intituled as follows

Between and

Upon reading the affidavit (if any) of filed the day of 20

and the certificate of (b) that proceedings are pending in (a) in (c) and that such Court is desirous of obtaining the testimony of (d) It is ordered that the said witness do attend before (e) is hereby appointed examiner herein, at (f) on 20 at o’clock, or such other day and time examiner may appoint, and do there submit to be examined upon oath touching the testimony so required as aforesaid, and do then and there And it is further ordered that the said examiner do take down evidence of the said witness or witnesses, according to the rules laid Code of Organization and Civil Procedure; and do cause each and every to sign his or her deposition in his, the said examiner’s, presence; and deposition taken in pursuance of the order, and when so completed, same together with this order, to the Registrar of Courts for transmission official channel to the president of the said tribunal desiring the evidence witness or witnesses. Dated this day of 20 ---------------------------------------------------------------

(a) Description of foreign tribunal.

(b) Name and description of the Ambassador, Minister, Diplomatic Agent the foreign country.

(c) Name of foreign country.

(d) Names of witnesses.

(e) Name and address of examiner.

(f) Place appointed for examination.

(g) Description of documents, if any, required to be produced. Form No. 2

Certificate Registrar of Courts, hereby certify that the documents are: original order of the Court of Appeal dated the day made in the matter of the Court of of examination of certain witnesses to be taken before ; and examination and the depositions taken by the to the said order and duly signed and completed by him on the day day of 20

Form No. 3

Certificate of Service of Foreign Process Registrar, Civil Courts and Tribunals, in Malta, hereby certify that the annexed hereto are as follows: original letter of request for service of process received from the court or of process received with such letter of request; and evidence of service upon the person named in such letter of request. certify that such service so proved is such as is required by the Code of and Civil Procedure of Malta and its Dependencies. And I certify that effecting such service amounts to the sum of €

day of 20