Thu, 20/04/2023 - 10:20
Documents Required And How To Proceed In Civil Procedures
Before scheduling an appointment with the residenti advocate for legal aid, a person needs to present the following documents (or the applicable relative documents) to the Agency for a means test to be conducted and to assess whether the person is eligible to benefit from legal aid:
Official and valid identity card, passport or officially issued document by the Maltese authorities which identify the person as a citizen on the Maltese islands.
Document from the Department of Social Security showing the income of the preceding twelve months that a person received from the State.
FS3 of the work/s and payslips of the salaries/wages of both full-time and part-time work received during the preceding twelve months.
Other documents relating to income from other sources such as maintenance received from the other party, rent receivable from leased property, rent receivable from Government, interests receivable, health benefits (DSS), children's allowance and others.
A Bank statement of the preceding twelve months for every bank account held by the person applying for legal aid service.
Declare the cash on hand held by you.
Documents related to investments held by you such as shares, bonds, insurance policies and others.
Document from the Employment Agency of the person’s job history.
Documentary evidence of legal rental contract and receipts of payment if you are living in a rented place.
Court decree ordering maintenance payment to the other party and children and receipts thereof.
Declare all the properties (moveable and immovable) held in your name and provide contracts related to same.
Declare all the companies held in your name and provide the memorandum of articles relating to same.
Court documents that the person applying for legal aid might have received.
Other related documents, such as:
For marriage separation proceedings: marriage certificate and birh certificates of the children;
For marriage annulment or divorce: a copy of the marriage separation deed;
Amendments in Public Registry certificates: birth certificate / marriage certificate / death certificate;
Issues relating to wills: a copy of the will, etc.
After presenting the applicable and related documents, the Agency will establish whether the person is eligible to benefit from legal aid. If the person is eligible, an appointment is scheduled with the resident Legal Aid Lawyer to discuss the case or problem under review. The lawyer will inform the client whether he or she has reasonable grounds to commence proceedings or to defend themselves in the proceedings according to the case.
Appealing From A Judgement In Civil Matters
A legal aid lawyer and a legal procurator assigned to a legal aid client shall remain responsible for a cause assigned to him as aforesaid, until it is definitively concluded, even if the period of their appointment has expired.
