Effect of consent or order
31.04 Effect of consent or order
(1) Where, under rule 31.03, a party consents to being orally examined or the Court makes an order requiring a party to be orally examined, the following apply:
(a) the party is required to be orally examined in accordance with this Order;
(b) if the party fails to comply with an order of the Court to attend the examination or fails to answer a question asked at the examination, rule 24.02 applies (with the necessary changes) as if the failure were a failure of a kind referred to in that rule;
(c) at the trial of the proceeding or on the hearing of an application in the proceeding, the examining party may tender as evidence any of the answers given at the examination by the party examined and rule 30.11 applies (with the necessary changes) as if those answers were answers to written interrogatories served by the examining party.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.