Maltese legal terms explained in English

Also written: rikors guramentat. The written application, confirmed on oath, by which most civil proceedings are started before the superior courts. It sets out the facts, the plaintiff's claims and the evidence they intend to bring. In a judgment, the opening section usually summarises it under the heading of the plaintiff's application.

Searching ligi.ai: you rarely need this term in a question. It helps more to search for what the application asked for.

Also written: risposta guramentata. The defendant's written reply to a sworn application, also confirmed on oath, filed within the time the law sets. It contains the defendant's pleas and their version of the facts. Judgments summarise it after the application, before the court's own considerations.

Also written: kontumacja. A defendant who fails to file a sworn reply in time is declared in contumacy. The case continues without their written defence, and judgments often note it near the start, for example "il-konvenut baqa' kontumaci". It is a common reason for a case to be decided quickly.

Also written: citazzjoni. The older way of starting civil proceedings, replaced in the superior courts by the sworn application. It still appears in older judgments and in the case type recorded on eCourts, so it matters when you research older case law.

Plural: verbali. The court's record of what happened at a sitting: who appeared, what was filed, what the court ordered and when the case was put off to. Deadlines set by the court are often found only in the verbal, which is why lawyers read them closely.

Also written: eccezzjoni. A defence raised by the defendant. Preliminary pleas (eċċezzjonijiet preliminari), such as lack of jurisdiction or prescription, are often decided first, before the merits.

Searching ligi.ai: name the plea and the subject, for example "eċċezzjoni ta' preskrizzjoni, kuntratt ta' appalt".

A judgment that decides some of the issues in a case, typically the preliminary pleas, while the rest of the case continues. When you research a point, a part judgment can be the only place the court dealt with it.

Also written: gudikat. The principle that a matter finally decided between the same parties, on the same object and the same cause, cannot be brought to court again. It is usually raised as a plea, and judgments on it compare the earlier case with the new one in detail.

The loss of the right to bring an action because the time set by law has passed. It is raised by the defendant as a plea, and judgments on it turn on when time started running and whether it was interrupted.

Searching ligi.ai: include the type of claim, because the prescriptive period depends on it, for example "preskrizzjoni, danni, kuntratt".

A contract in which one party undertakes to carry out work, such as building or renovation, for a price. Disputes about defects, delays and payment for works usually appear under this term.

Also written: rizoluzzjoni ta' lokazzjoni. A court ordering the end of a lease, typically for a breach such as unpaid rent or misuse of the property. Many such cases are now heard by the Rent Regulation Board rather than the ordinary courts.

A precautionary warrant asking the court to stop someone doing something that would harm the applicant's rights while the main case is decided. The court looks at whether the applicant shows a prima facie right and whether the harm could not be undone later.

Searching ligi.ai: add what was being stopped, for example "mandat ta' inibizzjoni, kostruzzjoni".