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Key Facts: Malta Advocate Warrant Exam Exam

Two judges

Examine and approve each candidate

Cap. 12, Art. 81(1)(g)

3 hours

Written part (2022–2023 papers)

Chamber of Advocates past papers

21 Mar & 26 Sep 2026

Written sessions

Office of the Chief Justice notice

1 year

Attendance at an advocate's office and superior court sittings

Cap. 12, Art. 81(1)(e)

Maltese

Language of the examination

Chamber of Advocates

The Malta Advocate Warrant Examination is held by the Office of the Chief Justice under Article 81 of Cap. 12: a three-hour written part in Maltese (three of six practical drafting problems plus one of three ethics questions) and an oral examination before judges. Candidates must hold the prescribed law degree, complete one year at an advocate's office and at superior court sittings, and be recommended as fit and proper. Our bank is an English-language MCQ study adaptation, not a simulation of the drafting or oral components.

Sample Malta Advocate Warrant Exam Practice Questions

Try these sample questions to review concepts for the Malta Advocate Warrant Exam exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 71+ question experience with AI tutoring.

1Your client has just been served with a sworn application (rikors ġuramentat) filed in the Civil Court, First Hall. Under Article 158(1) of the Code of Organization and Civil Procedure (Cap. 12), by when must the sworn reply be filed if the claim is contested?

A.Within ten days from the date of service

B.Within twenty days from the date of service

C.Within thirty days from the date of service

D.By the first sitting fixed by the court, whenever that falls

Explanation: Article 158(1) of Cap. 12 requires the defendant to file the sworn reply within twenty days from the date of service unless he intends to admit the claim. Article 156(1)(d) also requires every sworn application to carry a printed notice warning the recipient of this twenty-day time limit.

2A defendant fails to file a sworn reply within the prescribed time and shows no reasonable excuse. What does Article 158(10) of Cap. 12 direct the court to do?

A.Stay the action until the sworn application is served on the defendant a second time

B.Order the plaintiff to refile the sworn application with a fresh twenty-day notice

C.Deliver judgment at the first sitting without allowing the defendant any submission

D.Give judgment as in default of appearance, after brief written submissions

Explanation: Under Article 158(10), a defendant in default is treated as if he failed to appear to the summons, unless he shows a reasonable excuse. Before giving judgment, however, the court must allow the defendant a short time, which may not be extended, to make written submissions, and the plaintiff may reply to them.

3Your client lost a case decided by a definitive judgment of the Civil Court, First Hall. Under Article 226(1) of Cap. 12 as currently in force, within what time must the application of appeal be filed?

A.Within twelve working days from the date of the judgment

B.Within fifteen days from the date of the judgment

C.Within thirty days from the date of the judgment

D.Within twenty days from the date of the judgment

Explanation: Article 226(1) of Cap. 12, as amended by Act XXXII of 2021, provides that a civil appeal is entered by application filed in the registry of the Court of Appeal within thirty days from the date of the judgment. Older notes that still say twenty days reflect the pre-2021 text.

4Under Article 228(2) of Cap. 12, when is there NO right of appeal from a civil judgment of the Court of Magistrates (Malta) given as a court of first instance?

A.Claim up to €465.87, with no point of law or eviction decided

B.Claim up to €5,000, whatever the issues decided in the judgment

C.Claim up to €15,000, where the case turned only on the facts

D.Any claim, where judgment was given in the defendant's absence

Explanation: Article 228(2) bars an appeal from a first-instance judgment of the Court of Magistrates where the claim does not exceed €465.87, unless the judgment determines a point of law or a claim for the eviction of any person from immovable property. Above that figure, or where those issues arise, the ordinary right of appeal to the Court of Appeal applies.

5A konvenju (promise of sale) fixed a three-month term. Before the term expires, the seller tells your client, the buyer, that he will not appear on the final deed. Under Article 1357(2) of the Civil Code (Cap. 16), what must you do to prevent the promise from lapsing?

A.Send the seller a registered letter before the term expires, then sue within twenty days of his reply

B.File a sworn application for performance within three months after expiry, with no prior judicial act

C.File a judicial intimation within the term, then sue within thirty days of its expiry

D.Notify the Commissioner for Revenue again, which automatically extends the promise for a further term

Explanation: Article 1357(2) provides that a promise of sale ceases to have effect when the agreed term lapses unless the promisee calls on the promisor by a judicial intimation filed before the term expires and, if the promisor still fails, files a sworn application for performance within thirty days from the expiry of that term. Both steps are needed to keep the right to sue for performance.

6After signing a konvenju with your client, the seller transferred the same property to a third party by public deed. Under Article 1357(1) of the Civil Code, what obligation did the accepted promise create for the seller?

A.No obligation, because a promise of sale is equivalent to nothing until the deed

B.An obligation to transfer the property, with ownership passing to your client on signature of the konvenju

C.An obligation only to return any deposit received, without further liability

D.An obligation to carry out the sale or, if that is no longer possible, to make good the damages

Explanation: Article 1357(1) provides that a promise to sell is not equivalent to a sale, but once accepted it obliges the promisor to carry out the sale or, if the sale can no longer be carried out, to make good the damages to the promisee. Whether the sale to the third party can still be challenged is a separate question, so the promisee's advocate must also watch the Article 1357(2) time limits.

7Your client obtained a precautionary garnishee order before instituting proceedings. Under Article 843 of Cap. 12, as applied to the precautionary acts, within what time must the action on the merits be brought?

A.Within ten days from the issue of the warrant

B.Within fifteen days from the issue of the warrant

C.Within twenty days from the issue of the warrant

D.Within thirty days from the service of the warrant on the garnishee

Explanation: Article 843(1) requires the applicant to bring the action on the right stated in the warrant within twenty days from its issue, and Cap. 12 applies Article 843 to the other precautionary warrants, including the garnishee order. If the applicant fails without just cause, the warrant ceases to have effect and he is liable for damages; the respondent may, by note, allow a longer time under Article 844.

8In which of the following situations may the court, under Article 836(8) of Cap. 12, condemn the person who sued out a precautionary act to pay a penalty of between €1,164.69 and €6,988.12 to the respondent?

A.Whenever the main action is eventually dismissed on the merits, for any reason

B.Where the applicant fails, without valid reason, to sue in time

C.Whenever the respondent deposits security and obtains a counter-warrant

D.Only where the warrant was obtained on the strength of a forged document

Explanation: Article 836(8) lists the cases in which the penalty may be imposed: failure without valid reason to sue within the legal time, failure to show that the act was necessary or that the debtor was called upon to pay within the previous fifteen days (unless there was urgency), notorious solvency of the debtor, and a malicious, frivolous or vexatious claim. Damages may also be claimed under Article 836(9).

9A garnishee order has frozen your client's bank accounts for a claim that you consider grossly inflated. Which ground for revocation is expressly available under Article 836(1) of Cap. 12?

A.That the respondent intends to contest the claim on the merits

B.That the warrant was issued without first hearing the respondent

C.That the amount claimed is not prima facie justified or is excessive

D.That the applicant's advocate is not domiciled in Malta

Explanation: Article 836(1) allows the person against whom a precautionary act was issued to apply for its total or partial revocation on listed grounds, including that the amount claimed is not prima facie justified or is excessive, that other adequate security is available, or that keeping the act in force is unreasonable. The party who obtained the act may file a reply within seven days of service, and the court decides with urgency.

10Your client wants to stop a neighbour from starting works that would block a shared passage while the dispute over the passage is decided. Under Article 873(2) of Cap. 12, what must the court be satisfied of before issuing a warrant of prohibitory injunction?

A.Necessity to preserve a right that prima facie exists

B.That the applicant's right has been conclusively proved and security deposited

C.That the claim is of at least €11,647 and the neighbour is about to sell

D.That the applicant already holds an executive title against the neighbour

Explanation: Under Article 873(1) and (2), the warrant restrains a person from doing anything that might prejudice the applicant, and the court may issue it only if satisfied that it is necessary to preserve the applicant's right and that the applicant prima facie appears to possess that right. Proof of the right on the merits is left for the main action.

About the Malta Advocate Warrant Exam Exam

The Malta Advocate Warrant Examination is the examination by two judges required by Article 81(1)(g) of the Code of Organization and Civil Procedure (Cap. 12) before the President of Malta grants the warrant to practise as an advocate. The Office of the Chief Justice holds two written sessions a year (21 March and 26 September 2026), followed by an oral examination. The written paper is answered in Maltese and asks candidates to draft the judicial act or opinion a client needs and to discuss professional ethics. This page offers an independent English-language MCQ study adaptation, not an official translation or a simulation of the written or oral examination.

Exam sponsor: Office of the Chief Justice (applications to the Registrar, Civil Courts and Tribunals). The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Assessment

Written part (Part A: 3 of 6 practical drafting or opinion questions; Part B: 1 of 3 professional-ethics questions), answered in Maltese, followed by an oral examination whose dates are issued after the written part

Time Limit

3 hours for the written part (9:00 a.m. to noon in the 2022–2023 papers); oral examination on a separate date

Passing Score

Examination and approval by two judges, who issue a certificate of competence (Cap. 12, Art. 81(1)(g)); no numerical pass mark is published

Exam / Certification Fees

not-published

Exam sponsor website

Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.

Official sources

Our practice resources: topics covered

We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.

~27% of this local bank

Civil Procedure & Remedies

Sworn application and reply time limits, the thirty-day appeal period, precautionary and executive warrants, Article 166A judicial letters, new trial, judicial review deadlines and spoliation.

~25% of this local bank

Civil & Family Law

Essential conditions and vices of consent, tort and moral damages, prescription periods, promises of sale, easements and party walls, community of acquests, reserved portion and surviving spouse.

~21% of this local bank

Professional Ethics & Practice

Officers of the court (Art. 30), warrant requirements and oaths, quota litis, taking over a brief, without-prejudice talks, confidentiality versus professional secrecy, and conflicts.

~14% of this local bank

Constitutional & Administrative Law

Article 46 and Cap. 319 redress, references from other courts, arrest safeguards, judicial review under Article 469A, and appointment and tenure rules after 2020.

~13% of this local bank

Criminal Law & Procedure

Age of responsibility, attempt, complicity, lawful defence, involuntary homicide, bail, jury verdicts, criminal appeals and challenges to decisions not to prosecute.

Preparing for the Malta Advocate Warrant Exam Exam

What You Need to Know

Passing score: Examination and approval by two judges, who issue a certificate of competence (Cap. 12, Art. 81(1)(g)); no numerical pass mark is published
Assessment: Written part (Part A: 3 of 6 practical drafting or opinion questions; Part B: 1 of 3 professional-ethics questions), answered in Maltese, followed by an oral examination whose dates are issued after the written part
Time limit: 3 hours for the written part (9:00 a.m. to noon in the 2022–2023 papers); oral examination on a separate date
Exam / certification fees: not-published Official sources

Using Our Practice Resources

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Malta Advocate Warrant Exam: Suggested Study Strategy

1Learn the time limits that decide which act to file: twenty days for a sworn reply, thirty days for a civil appeal since 2021, twenty days to sue after a precautionary warrant, and two months for spoliation.

2For each practical problem, practise identifying the remedy, the competent court and the form of the act before drafting it, as the published past papers require.

3Revise the Code of Ethics and Conduct for Advocates rules on taking over a brief, without-prejudice negotiations, and confidentiality versus professional secrecy, which recur in Part B.

4Write practice answers in Maltese, because the official papers must be answered entirely in Maltese.

Frequently Asked Questions

What is the legal basis of the Malta Advocate Warrant Examination?

Article 81(1) of the Code of Organization and Civil Procedure (Cap. 12) requires a candidate for the warrant of advocate to be examined and approved by two judges, who certify that the candidate meets the requirements and is competent to practise. The warrant itself is granted by the President of Malta on the recommendation of the Committee for Advocates and Legal Procurators under Article 79.

What does the official examination look like?

It has a written part and an oral part and is held in Maltese. In the 2022 and 2023 papers published by the Chamber of Advocates, the written part ran from 9:00 a.m. to noon: Part A asked candidates to answer three of six practical problems by drafting the necessary judicial act or a written opinion, and Part B asked for one of three ethics answers. Oral dates are issued after the written part.

When are the 2026 sessions and how do I apply?

The Office of the Chief Justice announced written sessions on Saturday 21 March 2026 and Saturday 26 September 2026. Applications go to the Registrar, Civil Courts and Tribunals within the published windows, with a police conduct certificate, a copy of the identity card, an advocate's declaration under Article 81(1)(e), a Faculty of Laws letter, and proof of the fit-and-proper application to the Committee.

How does this practice bank relate to the official examination?

It is independent practice by OpenExamPrep. The questions are an English-language MCQ study adaptation built from Cap. 12, the Civil Code, the Criminal Code, the Constitution and the Code of Ethics and Conduct for Advocates. It is not an official translation and cannot replace practice in drafting judicial acts in Maltese or preparing for the oral.