Yes, you may, but this depends on the court/tribunal before which the proceedings are to be instituted.
The following are proceedings that may be initiated by means of an application via the internet:
There are no proceedings that are only available via the internet.
This facility is available 24 hours a day, seven days a week, but the claim/application is processed during Court opening hours, that is from 9 am until 3 pm (from 1 October to 15 June) and from 8 am to 12 pm (from 16 June to 30 September). If the claim/application is filed outside these times, it is regarded as having been filed on the following working day at the times mentioned above.
For claims in the Small Claims Tribunal, this is done by completing the appropriate form, which is available online, with all of the details required for it to be submitted for processing.
In the case of an Application before the Administrative Review Tribunal and also the Court of Magistrates (Malta) and before the Court of Magistrates (Gozo) in its inferior jurisdiction, the details must first be filled in as required by the eform and a scanned copy of the application must then be attached in the format required by law, together with the documents, if any.
Transfer of data is effected in an encrypted manner and the retention thereof is regulated by Government policy.
When initiating a claim before the Small Claims Tribunal, it is not necessary to use any kind of electronic signature. However, replies, replies to counterclaims and appeals before that Tribunal are signed electronically, since these require logging on with an e-id.
Where legal action is brought before the Administrative Review Tribunal, the Court of Magistrates (Malta), and the Court of Magistrates (Gozo) in its inferior jurisdiction, this is automatically signed electronically since this is a service offered only to lawyers and legal procurators after they register for such a service by means of the e-id.
Concerning the time, as soon as a claim/application is filed, the time and date are generated automatically.
Yes, the fees related to the act filed online are also paid online. The fees are the same as those paid when the acts are not filed electronically.
This cannot be done online. Anyone wishing to withdraw a case must visit the Court Registry in person to do so.
In the case of proceedings before the Small Claims Tribunal, the Administrative Review Tribunal, the Court of Magistrates (Malta) and the Court of Magistrates (Gozo) in its inferior jurisdiction, the online service provided is only for the institution of proceedings. It is not yet possible to reply to this type of proceedings via the internet.
In the case of proceedings before the Small Claims Tribunal, as well as instituting a case it is also possible to file a reply, a reply to a counterclaim and an appeal online.
The respondent is not obliged to reply via the internet.
Regardless of whether or not there is a reply to the claim, the case is set down for hearing.
Regardless of whether or not there is a reply to the claim, and once the time limit for that reply has elapsed, the case is set down for hearing.
It is possible to file documents electronically when they are filed together with the original claim which is also being made electronically.
According to Maltese law, service of judgments is not required.
All preliminary or final judgments are read out in open court and a copy is given to the parties or the legal representative present at the hearing. It is, however, possible to obtain an electronic copy of the judgment as will be explained below.
An appeal via the internet is only possible in the case of an appeal against the decision of the Small Claims Tribunal, but the judgment cannot be notified via the internet.
This is not possible.
The Justice Services website provides an online service for decisions which can be accessed free of charge by legal representatives as well as by the general public.
In addition to this website, legal professionals can use their e-id to subscribe to the eCourts service at http://ecourts.gov.mt/onlineservices where they can have access to cases, judicial acts and warrants.
The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
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