Use of affidavit at hearing
21.02 Use of affidavit at hearing
Where an affidavit is to be used at the hearing of proceedings, it is to be filed and a copy served on the other parties not later than 14 days before the date of the hearing, unless the Court orders otherwise.
Not later than 7 days after a party is served with an affidavit under subrule (1), unless the Court orders otherwise, the party served may serve a notice on the party intending to rely on the affidavit that he or she requires the attendance of the deponent at the hearing for cross-examination.
The Court may order the deponent of an affidavit filed under subrule (1) to attend to be examined before the Court.
The Court may make orders relating to a deponent's costs where a deponent is required to attend in accordance with subrule (2).
If a deponent required to attend under subrule (2) or ordered to attend under subrule (3) fails to attend for examination, the Court may order that the deponent's affidavit is not to be received in evidence.
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