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Witnesses (Fees) Ordinance (Cap. 108) Consolidated

CHAPTER 108

WITNESSES (FEES) ORDINANCE

To repeal and re-enact with amendments the law relating to the fees of witnesses in court.

(27th December, 1940)*

ORDINANCE XXXVI of 1940, as amended by Legal Notices: 46 of 1965,

148 of 1975; Acts: XXII of 1976, VIII of 1990, and XXIV of 1995; and

Legal Notice 409 of 2007.

1. The short title of this Ordinance is the Witnesses (Fees) Ordinance.

2. In this Ordinance -

"court" means any court of competent jurisdiction and includes any Board appointed under any law and any person authorized by such court or Board to receive evidence;
"prescribed" means prescribed under this Ordinance;
"superior court" includes the Constitutiona l Court, th e Civi l Court (First Hall and Second Hal l ), the Cou r t o f App e al , t h e Criminal Court , the Co urt o f Crimi nal App e al, the Court of Magistrates (Gozo) exercising its superior jurisdiction, and also any person authorized by any such court to receive evidence;
"witness" means any person who is subpoenaed or requested by a party in a matter pending before any court for the purpose of being examined or of producing any document but does not include an ex parte witness in terms of articles 563A and 563B of the Code of Organization and Civil Procedure.

3. Witnesses shall be entitled to the fees prescribed in Schedule A to this Ordinance for attendance before a superior court and to the fees prescribed in Schedule B for attendance before any other court:

Provided that no person employed in the service of the Government of Malta shall be entitled to any fee when called to give evidence by the Government.

4. Witnesses shall be entitled to travelling expenses for going to and returning from the place where they are to give evidence:

Provided that a witness shall not be entitled to other travelling e x penses than thos e actually incurred by him in travelling by the cheapest means of conveyance.

5. Witnesses residing in Malta whose attendance is required before a court in G o zo and witn esses residin g in Go zo whose attendance is required before a court in Malta shall also be entitled to expenses for board and lodging actually incurred by them in staying in Gozo or in Malta as the case may be. Such expenses shall

Short title.

Interpretation. Amended by: L.N. 46 of 1965;

L.N. 148 of 1975; XXII.1976.4; VIII.1990.3,;

XXIV.1995.360.

Cap.12.

Right of witness to fees.

Amended by:

L.N. 148 of 1975.

Right of witness to travelling

expenses.

Right of witness to expenses for board and lodging.

*See Government Notice No. 621 of the 27th December, 1940.

Fees and expenses due for each day of attendance in

court.

Witness to give notice of attendance when not subpoenaed.

No fees due if witness is present in court.

Power of court to order deposit to cover fees and expenses.

Issue of taxed bill by the registrar and right of interested person to appeal.

not exceed the limits laid down in Schedule C to this Ordinance.

6. The prescribed fees and expenses shall be due for each day the witness attends at the court:

Provided that a witness who, having been dismissed by the court, has withdrawn from the court and is on the same day recalled to give evidence, shall be considered as a fresh witness and shall be entitled to receive the prescribed fees and expenses.

7. A witness who, not having been previously subpoenaed, attends at the court at the request of a party in a matter pending before an y court, but for any reason whatsoever does not give evidence, shall not be entitled to the prescribed fees and expenses unless, at the end of each sitting attended by him, he gives notice of such request and attendance to the deputy registrar or to the person authorized to receive evidence who shall keep a note thereof in the record of the proceedings.

8. (1) No person shall be entitled to the prescribed fees and expenses if, not having been previously subpoenaed or requested by a party in a matter pending before any court to attend at the court to give evidence, he is, at the tim e h e is cal led to g i ve evidence, at the place in which the court is sitting.

(2) The provisions of subarticle (1) shall not apply if the witness is kept after giving evidence so that he may again be called to give evidence.

9. In granting an application for the issue of a subpoena of a w itn ess, th e cou rt may or der the appl icant to mak e a suffici ent deposit to cover the fees and expenses due to the witness and if such order has been made the witness may refuse to give evidence till the deposit is made.

10. (1) At the request of any interested person, the registrar of the court under whose jurisdiction the witness gave evidence, shall issue a taxed bill of the prescribed fees and expenses due to the witness.

(2) It shall be lawful for the registrar before issuing the taxed bill mentioned in subarticle (1) to administer the oath to any person for th e p urp ose of e stab li shi ng an y ci rc um sta nce ne cessary fo r fixing the fees and expenses.
(3) A witness entitled to the prescribed fees and expenses or any person who is bound to pay such fees and expenses may appeal against the taxation of the registrar.
(4) Such appeal shall be entered by application before the court under whose jurisdiction the witness gave evidence within the period of eight days which shall run-
(a) in regard to those who have demanded the taxed bill, from the day on which such taxed bill was issued; and
(b) in regard to the debtor duly served with such taxed bill by a judicial act, from the day of such service.

11. The Minister responsible for justice may by regulations amend , su bsti tu te o r m a k e add iti on s to t h e Sched u l e s to th is Ordinance.

Minister may amend, substitute or make additions to the Schedules. Added by:

XXIV. 1995.360.

SCHEDULE A

[ARTICLE 3]

The following fees shall be allowed to witnesses before a superior court:

Substituted by: L.N. 409 of 2007.

Substituted by: L.N. 409 of 2007.

SCHEDULE B

[ARTICLE 3]

1. Witnesses who attend at a court other than
a superior court shall be entitled to a fee of ............... 6c
2. Witness kept after 12 noon shall be entitled
to an additional fee of ............................................... 6c
3. Witnesses called to give evidence on scient if ic m a tte rs sh all be ent i t l ed to t h e fees specified in (f) in Schedule A.

Substituted by: L.N. 409 of 2007.

SCHEDULE C

[ARTICLE 5]

The following expenses for board and lodging shall be allowed in terms of article 5 for each day a witness attends at any court:
In Malta In Gozo
1. To witnesses mentioned in (a) and (b)
in Schedule A .................................... 1.16c 70c
2. To witnesses mentioned in (c) in
Schedule A ........................................ 93c 70c
3. To witnesses mentioned in (d) in
Schedule A ........................................ 58c 47c
4. Married women and widows shall be entitled to expenses according to the status of their husbands or late husbands.
5. Unmarried women shall be allowed expenses according to the status of their parents
6. Witnesses under 18 years of age shall be allowed two-thirds of the amount prescribed in paragraphs 1, 2 and 3 of this Schedule according to the status of their parents.