If Malta is the requesting state, videoconferencing will be used as a last resort.
No there are no restrictions on the type of persons that can be examined; witnesses, experts and parties can all be examined.
It is up to the Court to determine what is admissible as evidence.
If Malta is the requested state a person has to be examined in Court.
Yes it is permitted to record videoconference hearings and the facility is available.
(a) If Malta is the requested state, hearing requests under Articles 10 to 12 are conducted in Maltese or English;
(b) If Malta is the requesting state, requests under Article 17 will be made in Maltese or English language.
If Malta is the requested state and therefore it is going to hear the evidence, Article 596 (1) of the Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta holds that 'If the court does not understand the language in which the evidence is given, it shall appoint a qualified interpreter at the provisional expense of the party producing the witness'. The interpreter in this case must be in the location where the witness is situated.
If Malta is the requesting state under Article 17 and where there is direct taking of evidence, the location of the interpreter depends on the circumstance of the case.
Where evidence is taken under Article 10 and 12 and if Malta is the requested state, Article 568 (1) of the Code of Organisation and Civil Procedure holds that 'Witnesses shall be summoned to appear by means of a subpoena to be issued on the application of the party interested'. A month should be left between one sitting and another so there will be enough time to notify the witness.
Under Article 17 when Malta is the requesting state, it is up to the Court to decide which means are to be used in order to notify the person that is to be examined about the time and place. A month should be left between one sitting and another so there will be enough time to notify the witness.
A €100 fee must be paid that covers up to the first two hours of the conference;
A €50 fee per hour must be paid for any subsequent hours;
An hourly technician fee of €58 is also applicable.
Before giving his or her evidence, the witness is warned by the Court that if s/he does not feel comfortable to give evidence than he should inform the requesting Court of such a fact.
The person to be examined may be requested by the Court to show his passport or identity card before giving his testimony. The witness will be notified prior to the sitting that he has to bring with him one of these documents.
According to Article 111 of the Code of Organisation and Civil Procedure 'A witness professing the Roman Catholic faith shall be sworn according to the custom of those who belong to that faith; and a witness not professing that faith shall be sworn in the manner which he considers most binding on his conscience.'
The following are the contact persons:
Charles Calleja, Audio Visual Senior Technical Office
This person is responsible to connect, test and assist technically during the video conference
Contact +356 25902375 - Office 4th floor in the Law Courts in Valletta
Maria Ruth Ciantar, Video Conference availability
Contact +356 25902391 - Office 4th floor in the Law Courts in Valletta
Alan J. Darmanin, Clerk
Contact +356 25902211 - Office 4th floor in the Law Courts in Valletta
Prior to the date of the hearing the following is required from the requesting court:
a. Time zone
b. Appointment for testing (date and time)
c. Fixed IP
d. Details of its technical contact person
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