CODE OF CIVIL PROCEDURE IN MALTA

This article will provide guidance on the Code of Civil Procedure in Malta. The legal structure in Malta refers to the system of laws and regulations governing various aspects of Malta, including business, finance, property, and personal affairs. The legal structure in Malta is based on the principle of the rule of law, which ensures that all individuals and organizations are subject to the same laws and regulations, regardless of their status or position.

Civil law governs the rights and obligations of individuals and organizations in relation to each other, while criminal law defines and punishes criminal offenses. Commercial law regulates the conduct of business and commerce in Malta, and tax law governs the collection and administration of taxes in the country.

Maltese law is based on the Roman-Dutch legal system, adapted to meet the country's changing needs. The Maltese legal system is independent and impartial and is administered by courts and tribunals that apply the law fairly and impartially. Our Undisputed Legal process servers in Malta have specialized knowledge and experience in serving legal documents globally. We can help serve your papers via the most appropriate service method, and we will ensure that the process is done according to the relevant laws and procedures.

BACKGROUND

The court structure in Malta is divided into two main branches: civil and criminal courts. The civil courts handle cases involving disputes between individuals and organizations, while the criminal courts deal with criminal offenses. Hiring Undisputed Legal process servers in Malta can provide valuable assistance to clients who need to serve legal documents globally, helping to ensure that the process is done in a timely, cost-effective, and compliant manner.

It is important to note that there are two levels of Maltese Civil Courts, the lower and the higher. The Court of Magistrates (Malta) and the Court of Magistrates (Gozo) are the two lower courts of Malta and Gozo, respectively. Claims in excess of EUR 15,000 and other civil claims that are not value-connected are heard by the First Hall Civil Court, the highest court in the country (e.g., claims related to rights over immovables). The jurisdiction of the First Hall Civil Court in Malta is equal to that of the Court of Magistrates (Gozo) in its superior jurisdiction.

A single-judge Court of Appeal (Inferior Jurisdiction) hears appeals from the Courts of Magistrates and certain administrative tribunals. In contrast, a three-judge Court of Appeal (Superior Jurisdiction) hears appeals from the First Hall Civil Court and the Court of Magistrates (Gozo) in its superior jurisdiction sitting.

The First Hall of the Civil Court is the first instance court for civil cases. It hears a wide range of civil cases, including disputes relating to contracts, torts, property, and inheritance. The Court of Appeal then hears appeals from the First Hall of the Civil Court and other tribunals and administrative bodies. The Magistrates' Court is the first instance court for criminal cases, and it has the power to hear a wide range of criminal offenses, including summary offenses, misdemeanors, and minor felonies. For the Magistrate’s Court, the Criminal Court of Appeal hears appeals. The Superior Criminal Court is the highest in Malta for criminal matters, and it has the power to hear serious criminal offenses, including murder, treason, and other major felonies.

The Constitutional Court is the highest in Malta for constitutional matters and has the power to hear challenges to the constitutionality of laws and regulations. In addition to the civil and criminal courts, a number of specialized tribunals in Malta deal with specific areas of law, such as tax, employment, and commercial disputes. The court structure in Malta provides a comprehensive and efficient system for resolving civil and criminal disputes in the country. The courts and tribunals are independent and impartial, and they apply the law fairly and transparently, ensuring that the rights of all parties are protected.

code of CIVIL PROCEDURE IN MALTA

The code of Civil procedure in Malta refers to the rules and regulations governing the process of civil litigation in Malta. The main source of civil procedure rules in Malta is the Code of Organization and Civil Procedure (Code of Civil procedure in Malta), enacted in 1965 and amended in 2019. The Code of Civil procedure in Malta provides the legal framework for civil litigation in Malta and sets out the procedures for filing and serving legal documents, conducting discovery and pre-trial proceedings, and holding trials and appeals. Availing of the services of our Undisputed Legal process servers in Malta can provide a sense of reassurance to clients, as they can be confident that the service of legal documents is being managed by professionals who are knowledgeable and well-versed in the process.

The Code of Civil procedure in Malta also establishes the jurisdiction of the Maltese courts and provides for the use of alternative dispute resolution methods such as mediation and arbitration. In addition, the COCP governs the enforcement of foreign judgments and the recognition and enforcement of international arbitration awards in Malta. Civil procedure in Malta is designed to be accessible, efficient, and fair and to ensure that all parties have a fair opportunity to present their case and have their rights protected. The courts interpret and apply the rules in accordance with the principles of natural justice and the rule of law.

The civil procedure rules in Malta provide the legal framework for civil litigation in the country and ensure that the rights of all parties are protected and that the legal process is transparent, efficient, and fair. These rules play a critical role in ensuring that disputes are resolved promptly and effectively and contribute to the stability and predictability of the Maltese legal system.

SERVING A SUMMONS IN MALTA

Serving a summons in Malta is delivering a legal document, such as a summons or a subpoena, to a person required to appear in court or provide testimony in a legal case. We can assure you that our Undisputed Legal process servers in Malta will provide you peace of mind, as clients can be certain that the service of legal documents is being handled by professionals who are knowledgeable and experienced in the process.

Serving a summons in Malta is governed by the Code of Civil procedure in Malta, which sets out the procedures for delivering legal documents. According to Malta's Code of Civil procedure, a summons must be served personally on the defendant or by leaving it at the defendant's usual or last known place of abode or business.

The first step in serving a summons is to prepare the legal document. The summons must be in writing and include the date, place, and time of the hearing and the names of the parties involved in the case. The next step is to issue the summons by filing it with the appropriate court. The court will then stamp the summons with the date and time of issuance and provide the parties with a copy.

Once the summons has been issued, it must be served on the defendant. This can be done by personally delivering the summons to the defendant or leaving it at the defendant's usual or last known place of abode or business. After the summons has been served, the person who served the summons must provide proof of service to the court. This can be done by submitting an affidavit of service, which sets out the details of the service, including the date, place, and time of service, as well as the name of the person who was served.

PROOF OF process SERVICE

Proof of service in Malta is a document that confirms that a legal document, such as a summons or a subpoena, has been properly served on a person. Proof of service is an important step in the legal process, as it establishes that the defendant has been given notice of the legal proceedings and has the opportunity to respond.

In Malta, proof of service is typically provided by an affidavit of service, which is a sworn statement that sets out the details of the service, including the date, place, and time of service, as well as the name of the person who was served. The affidavit of service must be signed by the person who served the summons, and it must be filed with the court in a timely manner.

Proof of service is crucial in ensuring the integrity of the legal process, as it provides evidence that the defendant has been properly notified of the proceedings. If a defendant is not properly served, the court may dismiss the case or take other action, depending on the circumstances.

INITIATING A CLAIM IN MALTA

The law has no mechanism through which a party may demand the disclosure or exchange of documents before filing a lawsuit. However, suppose the parties agree to it. In that case, they are free to talk to each other and attempt to work out the disputed details amicably or to request any necessary paperwork or information from the other party. Before filing a formal civil action, it is common practice to send a legal or judicial letter or a judicial protest to the other party, outlining the claim and requesting that they fulfill their duties. While this is not legally required (unless in cases where the plaintiff plans to file ‘precautionary warrants’ to secure the claim), it is generally considered a good idea and may have an effect on whether or not the defendant is made to pay legal fees.

To initiate a civil case, one must apply with the court, which may require the claimant to testify under oath, depending on the specifics of the claim. Depending on the jurisdiction, the court application may take a number of different forms. After a petition is filed in court, a judge or magistrate will schedule the first hearing. After filing a case, a court employee will send a notification to the other party. Assuming the defendant received notice, they have a certain amount of time to respond (which varies depending on the nature of the case and the court in which the application was filed).

Except in cases where the defendant intends to acknowledge the claim, the defendant must submit a reply to the civil claim in the superior courts within twenty days of being notified of the claim. A reply in the lower courts is usually due on the first day of the hearing or later with the court's permission. Along with the demand or response, supporting documentation must be supplied. The court may set a deadline by which one of the parties must provide further evidence in support of their response or demand.

The first hearing is when the judge will establish the rules for the case and rule on whether or not all parties were informed of the conduct. The law provides for ‘summary procedures’ where the plaintiff seeks payment of a definite, liquidated, and payable debt or when there is a demand for eviction of a person from immovable property. Defendants in such cases must show up to the competent court on the scheduled hearing date and try to persuade the judge that their defense is valid.

If the court agrees with the claimant that summary procedures are appropriate, it will issue a decision in the claimant's favor on the same day. The process will proceed according to standard procedures if the defendant is not granted permission to submit a defense.

ENFORCEMENT OF A FOREIGN JUDGMENT IN MALTA

Our Undisputed Legal process service agency in Malta will receive legal documents from you, typically through electronic means. Once the documents are received, the agency will verify that they are in proper form for service in Malta. This process involves checking the documents for accuracy and completeness and ensuring that they comply with Maltese law and the requirements of the Hague Service Convention.

Our agency will review the documents to ensure that they include all necessary information, such as the names and addresses of the parties involved, and that they are properly formatted and signed. We will also make sure that the documents are translated into the local language.

Judgments in civil and commercial cases acquired from a court of an EU member state, including Denmark, are enforceable in all other EU member states according to the Brussels I Regulations (EC) 44/2001 and the Brussels I Recast Regulations (EC) 1215/2012. Judgments from countries that have not ratified the Brussels Regulations will need an application filed in Maltese courts before they may be recognized and executed. A decision will not be recognized and implemented in Malta if it does not comply with the applicable conditions set forth in the Code of Organisation and Civil Procedure (for example, if it violates Maltese public policy).

The letters of request (letters rogatory) technique are used when evidence must be requested from another jurisdiction. The European Union's (EU) Regulation (EC) 1206/2001 on the cooperation between the courts of the member states in collecting evidence in civil or commercial issues may be applicable in cases involving jurisdictions within the EU.

SERVICE OF PAPERS IN FOREIGN JUDGMENTS

The Hague Service Convention is a treaty that sets out the rules for the service of legal documents, such as summonses, subpoenas, and other legal documents, between member states. Malta is a party to the Hague Service Convention, and the Convention governs the process of serving legal documents between Malta and other member states.

The purpose of the Hague Service Convention is to simplify and streamline the process of serving legal documents between member states. Under the Convention, a legal document to be served on a person in another member state can be transmitted through a central authority rather than formal diplomatic channels. This can significantly reduce the time and cost involved in serving legal documents between member states.

In Malta, the central authority for the Hague Service Convention is the Ministry of Justice, Culture, and Local Government. Suppose a person wishes to serve a legal document on a person in another member state. In that case, they can transmit the document to the Ministry of Justice, Culture, and Local Government, which will then forward the document to the central authority of the relevant member state for service.

In Malta, service of foreign legal documents is typically carried out by a bailiff or by a process server. The person serving the document must follow the rules in the Code of Organization and Civil Procedure (COCP) and provide proof of service to the court or tribunal that issued the document. Once Undisputed Legal has verified that the received documents are in proper form, we will proceed with making arrangements to have them served.

Before the European Union's laws were enacted, every member state except Austria and Malta had acceded to the Hague Service Convention. The Convention has now been signed and approved by both Austria and Malta. (For further details, see Scope and applicability, Service of the claim form and other documents: beyond the jurisdiction, and Practice notice.) Since the United Kingdom is a separate contracting party to the Hague Service Convention, after the end of the transition period, the Hague Service Convention will continue to apply between the United Kingdom and EU member states. It will regulate most requests for service between the United Kingdom and the EU.

By working with an experienced international Malta process service agency like Undisputed Legal, you can be confident that your legal documents will be handled efficiently and in compliance with local laws and procedures in Malta. This can help avoid delays and ensure that your legal matter is handled promptly and effectively.

OUR PROCESS

Documents can be faxed at (800) 296-0115, emailed to ps@undisputedlegal.com, or uploaded to our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist will receive all documents.

DOMESTIC COVERAGE AREAS:

INTERNATIONAL COVERAGE AREAS:

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 - 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 - 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN MALTA

Simply pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Malta process service needs; no job is too small or too large! For instructions on How To Serve Legal Papers in Malta, Click Here!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

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Sources

1. They hear cases having a value of less than €15,000. (the islands of Malta and Gozo, respectively).

2. There is also the Court of Voluntary Jurisdiction, which handles certain non-contentious matters, the First Hall Civil Court (Family Section), which handles family law matters; and the First Hall Civil Court (Commercial Section), which, as of 9 April 2018, handles matters regulated by the Companies Act (Chapter 386 of the Laws of Malta).

3. Applying with the First Hall of the Civil Court, for example, requires a statement of the facts, a list of witnesses, a list of documents and a copy of such papers attached to the application, and the remedy or relief sought by the plaintiff.

4. Money judgments issued by courts in the United Kingdom (British Judgments (Reciprocal Execution) Act - Chapter 52 of the Laws of Malta) and several Commonwealth nations are also subject to particular regulations governing their enforcement in Malta.