Malta : evidence and civil proceedings

Abstract

Malta is a civil law jurisdiction with extensive common law experience. The reasons are historical: the legal system has its origins rooted in Roman law that can be traced back to the Roman domination in Malta, consolidated through its various occupiers: these included the Normans, the Kingdom of Naples and the Knights Hospitaliers of St John. The British period left its fundamental imprint on the system, particularly in the sphere of public law, constitutional law and rather interestingly, in the law of civil evidence. The core of the Maltese law of evidence lies in the Code of Organization and Civil Procedure, and Chapter 12 of the Laws of Malta (The Code). These articles embody the traditional common law rules of evidence. The Code of Civil Procedure draws heavily on the civil law tradition in the general doctrines such as legal interest, the action, jurisdiction and pleas. The Code, subsequent to a Report of a Royal Commission of 1854, adopted the common law rules in an otherwise civil law and procedure context. The Title on Evidence in the Malta Code of Civil Procedure is under Book III of the Code. The subtitles on evidence relate to 'Of Witnesses, Of Documentary Evidence, of the Demand for the Production of Documents, of Referees, Of Inspection in Faciem Loci and Of Proof by Admission or by Reference to the Oath of the other party'.