S.L. 12.9 · Court Practice And Procedure (S.L. 12.9)
S.L. 12.9 ст. 4Hearing of proceedings.
(1) (a) Any application filed before the Civil Court, First Hall, under rule 2 shall be assigned for hearing, as far as possible, not later than four months from the date of filing, and such application shall be served on the respondent who has the right to file a reply within twenty days from the date of service.
(b) The Civil Court, First Hall may, by means of a reasoned decree, shorten the time limit for the reply if it determines that the application should be heard expeditiously or as a matter of urgency.
(c) The provisions of article 229 of the Code of Organization and Civil Procedure shall apply to the decrees issued by the Civil Court, First Hall.
(d) Provisional measures, directives and orders issued by the Civil Court, First Hall under article 46 of the
Constitution of Malta and article 4(1) of the European Convention Act during the course of the proceedings, may be appealed before the Constitutional Court in accordance with the procedure specified in article 229(3) of the Code of Organization and Civil Procedure.
(2) (a) An appeal application from judgements of the Civil Court, First Hall shall be filed within thirty days from the date of the appealed decision and the respondent may file a written reply and a cross-appeal within thirty days from the date of service. The party served with the cross-appeal shall have the right to file a reply within thirty days of service.
(b) Appeals from partial judgements and cross-appeals shall mutatis mutandis follow the procedure described in articles 231 and 240 of the Code of Organization and Civil Procedure.
(3) The court by which a decision is given and which is subject to appeal to the Constitutional Court, may, in urgent cases, upon demand even verbal, by any of the parties immediately upon delivery of such decision, abridge the time for making the appeal or for the filing of a reply. If no such demand is made by any of the parties immediately upon the delivery of the judgment, any one of the parties may make such a demand by application, upon which, the court which gave the decision shall, after summarily hearing the parties if it thinks necessary, give the requisite order.
История изменений
- Amended by L.N. 238 of 2025
Ссылается на
- S.L. 12.9 ст. 229
- S.L. 12.9 ст. 231
- S.L. 12.9 ст. 46