Giljottina Proceedings In Maltese Civil Procedure: When Judgment Without Trial Is Permitted

Giljottina Proceedings

Maltese civil procedural law enables summary proceedings which allow for the swift judgment of applications filed before the Courts of Malta. Such proceedings are commonly referred to as "kawża bil-giljottina" which reflects the efficient prospect such proceedings may yield and this is by "cutting" through the usual trial process. Giljottina proceedings are an exceptional remedy that allow a court to dispense of the full hearing of a case and immediately render judgment for the plaintiff, but only in limited circumstances and under strict conditions

When can Giljottina Proceedings be used?

Article 167 of the Code of Organisation and Civil Procedure (the "COCP") exhaustively lists the scenarios where a plaintiff may request that the court pronounces judgment without a trial. This action may only be brought before courts of superior jurisdiction, and the demand shall be for one of the following: