MALTA Law and Practice Contributed by: Antoine Cremona, Clement Mifsud-Bonnici and Chiara Frendo, Ganado Advocates
• where they allege a cause of nullity in the procedure followed by the plaintiff; • where they allege a lack of jurisdiction; • where the matter has already been decided by another judgment (res judicata) or other- wise compromised/settled; or • where the action is barred by a particular prescriptive period established at law. In these instances, the court may hear and decide such defences or pleas first without delv- ing into a full trial. These motions typically take the form of preliminary pleas raised in the sworn reply (statement of defence). 4.4 Requirements for Interested Parties to Join a Lawsuit Any interested party who shows to the satis- faction of the court that they have an interest in a pending suit, may file an application to be admitted as a party to the suit (in statu et ter- minis). An application to intervene may be made at any stage of the proceedings, whether in first or second instance, provided that such applica- tion does not suspend the actual proceedings between the parties to the suit. Alternatively, anyone with an interest in the pro- ceedings may be joined by application of either party or by court decree, when their absence would render the judgment less effective. While intervention in statu et terminis is voluntary, the intervenor does not become a full party to the suit, with the result that the judgment will not be binding over them. 4.5 Applications for Security for Defendant’s Costs While the Code of Organisation and Civil Proce- dure caters for a request made by the respond- ent for an order on the applicant to give secu- rity for the costs of the suit, this is limited to
those instances where the applicant is express- ly required to give such security at law. Such instances would include security for costs by the appellant in appellate proceedings, by the appli- cant in intellectual property cases, and in cases for the enforcement of mortgages on ships and aircraft. 4.6 Costs of Interim Applications/ Motions Costs of interim applications are typically reserved at the interim stage, saving the right of the court to reapportion liability for costs based on the outcome at final judgment. 4.7 Application/Motion Timeframe There is no timeframe within which an applica- tion must be dealt with, or within which pro- ceedings must be appointed for trial. Generally, causes are appointed for a first hearing within two months of the application being made. In cases of urgency, the court may abridge any legal time and may even appoint the case for a trial before the close of preliminary written pro- cedures. Applications for precautionary warrants, espe- cially ex parte applications for such relief, are typically dealt with very expeditiously, and interim court decrees are obtained in a matter of hours.
5. Discovery 5.1 Discovery and Civil Cases
There is no express statutory full and frank dis- closure obligation on the parties. The possibil- ity of discovery is limited, and the disclosure of documents is generally achieved through subpoenas containing very specific disclosure
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