Court Procedures Rules 2006

If an affidavit is to be relied on at a hearing, the court may, by order—

direct the person making it to be examined and cross-examined before the court and may order the person to attend the court for the purpose; or

dispense with the attendance for cross-examination of the person making it, and direct that the affidavit be used without the person making it being cross-examined in relation to it.

Pt 6.2 (Applications in proceedings) applies to an application for an order or leave under this rule.

If an affidavit to be relied on at a hearing is served on a party more than 1 day before the day set for the hearing, and the party wishes the person who made the affidavit to attend the court for cross‑examination, the party may, by notice served on the party filing or proposing to use an affidavit in the proceeding, require the attendance for cross-examination of the person who made the affidavit.

The notice must be served—

if the court, by order, sets a time for service—within that time; or

if the court does not set a time for service—not later than a reasonable time before the attendance is required.

If an affidavit to be relied on at a hearing is served on a party less than 2 days before the day set for the hearing, the person who made the affidavit must attend the court to be available for cross-examination unless the party otherwise agrees or the court dispenses with the attendance of the person under subrule (1).

If the person who made the affidavit does not attend for cross‑examination as required by a notice under subrule (2), the affidavit must not be used without the court’s leave unless the court has dispensed with the attendance of the person under subrule (1).

If the person who made the affidavit is cross-examined, the party using the affidavit may re-examine the person.

Unless the court otherwise orders, a party who serves a notice under subrule (2) for the person who made an affidavit to attend the court is not liable to pay the expenses of the attendance.