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Malta

Civil legal expert examination in Malta

Extract from the final Eurexpertise report

All rights reserved EEEI © 2012

Author

  • Gilbert MOUTHON, Expert

Other administrative order


I. Procedural rules in calling for an expert examination

I. 1) On the initiative of

In civil matters: at the request of the parties or of the Court (Article 543 Code of Organization and Civil Procedure)

I.2) Mandatory expert examinations

UNSPECIFIED

I. 3) Decision-maker

The judge or the arbitrator

I.4) Is a pre-trial expert examination possible?

UNSPECIFIED

II. CHOICE AND APPOINTMENT OF THE EXPERT(S)

II. 1) Register

Register: Article 89 of the Code of Organization and Civil Procedure: the Minister of Justice appoints the expert groups of the Courts of Malta and Gozo.

The Court can appoint “arbitrators” at the request of one of the parties or of its own motion. The Minister of Justice appoints experts groups within the Courts of Malta and Gozo (the list is published in the Government Gazette these experts perform their duties following an alphabetical listing of their names and on rotation in the Court to which they are attached).

II. 2) Oath

UNSPECIFIED

II. 3) Choice of the Expert

UNSPECIFIED

II. 4) Participation by the parties in the appointment process

If the parties agree, it is the “arbitrator” they have selected that is appointed.

Otherwise the Court appoints an expert of its own choice.

II. 5) Nationality

UNSPECIFIED

II. 6) Recusal by the litigant parties

An “arbitrator” cannot be challenged by either of the parties until he has submitted his report.

Challenges must be made substantively during the hearing or by motion. (Recusal seems possible but the document in support of this mentions only the motives for a Judge’s recusal, and not that of an expert or an “arbitrator”).

II. 7) Expert’s withdrawal (refusal of a mission)

A withdrawal or a recusal seems possible in the event of a family tie, subordination, or involvement in another case.

Challenges must be made during the hearing or by motion.

II. 8) Possibility of adding another expert

Expert groups are allowed to give temporary assistance to chosen experts.

II. 9) Possibility of being assisted by a colleague

With the Court’s approval, experts can be assisted by other persons.

III. DEFINITION OF THE EXPERT’S MISSION

III. 1) Who determines the mission?

UNSPECIFIED

III. 2) Type of mission

UNSPECIFIED

IV. PROGRESS OF THE EXPERT’S MISSION

IV. 1) Judge supervision

He must not get involved in the preparation of the expert’s report.

IV. 2) Form of contradictory procedure

YES

Immediate and permanent

IV. 3) Participation in the hearing

The Judge may request the appointment of another “arbitrator” (Article 654). In such a case, the Court makes an order to stay proceedings.

V. Close of the expert examination

V. 1) Does conciliation put an end to the expert’s mission?

UNSPECIFIED

V. 2) Form imposed on the report

YES

Written report

V. 3) Does the report put an end to the expert’s mission?

The proceedings are concluded by a written report. All the documents produced must be annexed to the report signed by the expert or the “arbitrator”.

V. 4) Is there an imposed structure for the report?

UNSPECIFIED

V. 5) Is a preliminary report mandatory?

UNSPECIFIED

V. 6) Is the judge bound by the expert’s conclusions?

Articles 681 of the COCP.

The Court is not bound by the “arbitrator’s” conclusions against its own conviction.

Courts are free to decide whether or not to adopt the expert’s findings.

V. 7) Possibility of a second opinion

UNSPECIFIED

VI. Funding for the expert examination

VI. 1) Security-Payment

Articles 644 to 682 of the Code of Organization and Civil Procedure.

The costs are provisionally paid by the claimant.

VI. 2) Determining the amount of payment due

UNSPECIFIED

VI. 3) Possibility of additional payment

UNSPECIFIED

VI. 4) Determining fees and costs

The Court determines the due tax.

VI. 5) Possibility of contesting the fees

UNSPECIFIED

VII. Expert liability within proceedings

VII. 1) Are there any laws governing expert examinations?

YES

VII. 2) Expert liability

UNSPECIFIED

VII. 3) Mandatory insurance for the expert

UNSPECIFIED

VIII. The expert’s status

VIII. 1) Existence of selection criteria (accreditation)

YES

Laws A644 to 682 of the Code of Organization and Civil Procedure

VIII. 2) Classification of skills

UNSPECIFIED

VIII. 3) Required qualifications

UNSPECIFIED

VIII. 4) Grant of accreditation

UNSPECIFIED

VIII. 5) Possibility of accrediting a legal person

UNSPECIFIED

VIII. 6) f) Validity period for the accreditation

UNSPECIFIED

VIII. 7) Regular assessment tests

UNSPECIFIED

VIII. 8) Supervision of the expert’s mission

UNSPECIFIED

VIII. 9) Expert’s activity report

UNSPECIFIED

VIII. 10) Code of ethics

UNSPECIFIED

VIII. 11) Good practice

UNSPECIFIED

VIII. 12) Possibility of penalties

UNSPECIFIED

VIII. 13) Laws governing the expert’s status

UNSPECIFIED

IX. Bibliography

Documents

  • Eurexpertise final report - Malta (pdf 220.4 kb) Download
Institut Européen de l’expertise et de l’expert
Mailing address  : EEEI Jean-Raymond LEMAIRE, 38, rue de Villiers - 92532 Levallois-Perret cedex - France Tel : +33(0)1 41 49 07 60 - Fax : +33(0)1 41 49 02 89