Notice for attendance of deponent
16.04 Notice for attendance of deponent
(1) A party served with an affidavit may serve on the party who intends to rely on the affidavit a notice stating that he or she requires the deponent to attend for cross-examination:
at the hearing of the proceeding; or
(b) subject to rule 16.01(a) – at the hearing of an interlocutory application.
A party must serve a notice referred to in subrule (1):
(a) in the case of attendance of the deponent at the hearing of the proceeding:
not less than 14 days before the commencement of the hearing; or
as ordered by the Court; or
(b) in the case of attendance of the deponent at the hearing of an interlocutory application:
within a reasonable time before the hearing; or
as ordered by the Court.
(3) Unless the Court orders otherwise, the party served with a notice under this rule must cause the deponent referred to in the notice to attend at the hearing for cross-examination.
(4) If a deponent referred to in a notice served under this rule does not attend for cross-examination, the Court may order that all or part of his or her affidavit is not to be received in evidence.
Part 17 Affidavits
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