40.02
CurrentEvidence of witness
Chapter 1General rules of procedure in civil proceedings
Part 4Local service of foreign judicial documents
40.02 Evidence of witness
Except where otherwise provided by an Act or this Chapter, and subject to an agreement between the parties, evidence shall be given:
(a) on an interlocutory or other application in a proceeding, by affidavit;
(b) at the trial of a proceeding commenced by writ, orally; or
(c) at the trial of a proceeding commenced by originating motion, by affidavit.
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