Malta Process Service: Rules, Laws, and Court Procedures

I. Introduction

Malta, a Southern European island nation located in the Mediterranean Sea, has a legal system based on a combination of civil law and common law traditions. For legal professionals, businesses, and individuals who need to serve legal documents in Malta, it is essential to understand the country’s process service rules and laws. At Undisputed Legal, we have extensive expertise and experience in navigating Malta process service rules, regulations and providing reliable service of legal documents. This comprehensive guide will explore Malta process service rules, highlighting how our team can assist you with your process service needs in this jurisdiction. Click here for information on How To Serve Legal Papers Internationally

II. Malta’s Legal System and Court Structure

A. Legal System: Malta’s legal system is a hybrid of civil law and common law traditions, with influences from Roman law, French law, and British common law. The Constitution of Malta is the supreme law of the land, and it establishes the framework for the country’s legal system. Click here for information on the Code of Civil Procedure in Malta.

B. Court Structure:

1. Courts of Magistrates (Qrati tal-Maġistrati)

• Handle civil cases with a value of up to €15,000 and criminal cases with a maximum sentence of 6 months imprisonment
• Located in Malta and Gozo

2. Civil Court (Qorti Ċivili)

• Handles civil cases with a value exceeding €15,000
• Divided into the First Hall (Prim’Awla) and the Family Section (Sezzjoni tal-Familja)
• Located in Valletta

3. Criminal Court (Qorti Kriminali)

• Handles serious criminal cases
• Presided over by a judge and a jury
• Located in Valletta

4. Court of Appeal (Qorti tal-Appell)

• Hears appeals from the Courts of Magistrates, Civil Court, and Criminal Court
• Divided into the Superior Jurisdiction and the Inferior Jurisdiction
• Located in Valletta

5. Constitutional Court (Qorti Kostituzzjonali)

• Hears cases related to the interpretation and application of the Constitution
• Composed of three judges
• Located in Valletta

Our team at Undisputed Legal has a thorough understanding of Malta’s court structure and can assist in determining the appropriate court for serving legal documents. Click here for information on How To Serve Legal Papers in Malta.

III. Service of Process in Malta

A. Service by Court Bailiff (Notifika minn Marixxall tal-Qorti): In Malta, service of process is primarily carried out by court bailiffs (marixxalli), who are court officials responsible for serving legal documents. The court bailiff hand-delivers the documents to the recipient and prepares a certificate of service (ċertifikat tan-notifika) as proof of service. This method of service is the most common form of service in Malta for most civil and commercial cases. At Undisputed Legal, our team works closely with court bailiffs to ensure that your legal documents are properly served in compliance with Maltese laws.

B. Service by Registered Post (Notifika bil-Posta Reġistrata): In some cases, Maltese law allows for service by registered post. The court sends the legal documents to the recipient’s registered address via registered mail with a return receipt requested. Service by registered post is considered effective on the date the recipient signs the return receipt. Our team at Undisputed Legal can assist in ensuring that service by registered post is carried out effectively and in accordance with Maltese law.

C. Service by Publication (Notifika bil-Pubblikazzjoni): When the defendant’s whereabouts are unknown, and other methods of service are not possible, Maltese courts may allow service by publication. This involves publishing a notice of the legal action in the Government Gazette (Gazzetta tal-Gvern) and, in some cases, a local newspaper. Service by publication is considered a last resort and must be authorized by the court. We can assist in obtaining the necessary court authorization and ensuring that the publication process is carried out in accordance with Maltese law.

D. Service Outside Malta: When a recipient is located outside Malta, service of process must be carried out in accordance with international laws and treaties. Malta is a signatory to the Hague Service Convention, which provides a framework for the transmission and execution of legal documents between member states. Our team at Undisputed Legal has extensive experience in serving legal documents internationally and can ensure that the process is carried out in compliance with the Hague Service Convention and other relevant international treaties.

IV. Service of Process in Specific Cases

A. Service in Civil Cases: In civil cases, such as contract disputes or tort claims, service of process is typically carried out by court bailiffs or, in some cases, by registered post. The documents to be served may include the sworn application (rikors ġuramentat), judicial letter (ittra uffiċjali), and other relevant court documents. Our team at Undisputed Legal can assist in ensuring that all necessary documents are properly served in accordance with the Code of Organization and Civil Procedure (Kodiċi ta’ Organizzazzjoni u Proċedura Ċivili).

Real-World Example: In a breach of contract case involving a Maltese company and a foreign investor, Undisputed Legal successfully coordinated the service of the sworn application and judicial letter on the Maltese company’s registered address in Valletta. Our team navigated the complexities of Malta’s process service rules and ensured that all documents were properly formatted and served in compliance with the law.

B. Service in Family Law Cases: In family law cases, such as divorce or child custody matters, service of process is usually carried out by court bailiffs or, in some cases, by registered post. The documents to be served may include the sworn application, notice of proceedings (avviż tal-proċeduri), and other relevant court documents. We at Undisputed Legal can assist in serving legal documents related to family law cases, ensuring compliance with the Civil Code (Kodiċi Ċivili) and other applicable laws.

Real-World Example: In an international child custody case involving a parent located in Malta and another in the United States, Undisputed Legal was retained to serve legal documents on the Maltese parent. Our team coordinated with local court bailiffs to ensure that the parent was properly served with the necessary documents, in accordance with the Civil Code and international treaties.

V. Proof of Service

After serving legal documents in Malta, it is crucial to obtain proof of service to demonstrate that the documents were properly delivered to the recipient. Proof of service may include:

1. A ċertifikat tan-notifika (certificate of service) prepared by the court bailiff
2. A return receipt signed by the recipient for service by registered post
3. A copy of the publication notice for service by publication

Our team at Undisputed Legal ensures that proper proof of service is obtained and maintained for all legal documents served in Malta. We understand the significance of having reliable proof of service, as it is essential for establishing jurisdiction and ensuring the validity of legal proceedings.

VI. Translations and Language Requirements

Maltese and English are the official languages of Malta, and legal documents may be drafted and served in either language. However, if the documents are not in the recipient’s preferred language, a certified translation must be provided to ensure that the recipient understands the contents and that the court can properly consider the documents. Our team at Undisputed Legal can assist in arranging certified translations of your legal documents to facilitate the process service process and ensure compliance with Maltese language requirements. Click here for information on How To Overcome Language Barriers in Process Service.

VII. Conclusion

Navigating Malta’s process service rules and laws requires a deep understanding of the country’s legal system and practical experience in serving legal documents. At Undisputed Legal, our team of knowledgeable professionals has the expertise and skills necessary to assist legal professionals, businesses, and individuals with their process service needs in Malta.

By working with Undisputed Legal and following the guidelines outlined in this comprehensive guide, those involved in serving legal documents in Malta can benefit from our proven track record of successfully serving process in the country. We stay up-to-date with any changes to Malta’s legislation and court rules related to process service to ensure compliance and minimize potential challenges.

When you choose Undisputed Legal for your process service needs in Malta, you can trust that your legal documents will be served with the utmost professionalism, efficiency, and expertise. Contact us today to learn more about how we can assist you with your process service requirements in Malta.