Requirement to hold a hearing

Subsidiary legislation 12.09Court Practice And Procedure And Good Order Rules (2008-11-11)

Hearing of proceedings.

4. (1) Subject to the provisions of sub-rule (3) ofthis rule and rule 8, in the cases referred to the Civil Court, First Hall, asprovided in article 46(1) of the Constitution of Malta, in article 4(1) of theEuropean Convention Act, and in the cases referred to in article 95(2)(c),(d), (e) and (f)of the Constitution of Malta, the application shall be served on the defendantor the respondent without delay and the court shall fix a date for hearing within eight working daysfrom the date of the filing of the application, or from the filing of a replyby respondent within the time limit therefor, or if no such reply is filed fro

m the expiry of such time:

Provided that where theCourt considers that the subject matter of the application is not of an urgentnature, the defendant or respondent shall always be given twenty days for thefiling of the reply.

Reference of questions.

5. (1) In the cases referred to in article 46(3) ofthe Constitution of Malta, article 4(3) of the European Convention Act, and article 95(2)(b) of theConstitution of Malta, the order of reference shall state concisely and clearlythe facts and the circumstances out of which the question arises, the terms ofsuch question and indicate the provision or provisions of the Constitution ofMalta or of the European Convention for the Protection of Human Rights andFundamental Freedoms, as the case may be, allegedly contravened.

(2) When any such referencehas been made, it shall be the duty of the Registrar, Civil Courts andTribunals, to ensure that the record of the proceedings or any authenticatedcopy thereof is brought before the court to which the reference is made withoutany delay and with urgency.

(3) The court to which thereference has been made shall, upon any such reference, set down the cause forhearing at an early date, in no case later than eight working days from thedate on which the record is brought before it and shall cause notice of suchdate to be given to the parties and to the Attorney General.

Expeditious hearing and disposal of hearing.

6. Once a case has been set down for hearing the courtshall ensure that, consistently with the due and proper administration ofjustice, the hearing and disposal of the case shall be expeditious, and thehearing of the cause shall as far as possible continue to be heard onconsecutive days, and, where this is not possible, on dates close to oneanother.

Ministry for Justice, Justice Services