Evidence by affidavit on the trial of an action
459 Evidence by affidavit on the trial of an action
At or before the trial of an action, the Court or a judge may order that evidence be given by affidavit.
An order may be on any terms as may be appropriate.
Subject to the terms of the order, any subsequent order and the giving of any notice under rule 463, a deponent is not subject to cross-examination and need not attend the trial for that purpose.
Subject to the terms of the order, and any subsequent order – the party having the conduct of the proceedings is to file any affidavit on which that party proposes to rely and deliver a copy of it to the opposite party within 14 days; and the opposite party is to file any affidavit on which that party proposes to rely and deliver a copy of it to the other party within 14 days after the delivery of any affidavits of the party having the conduct of the proceedings; and the party who first filed an affidavit is to file any affidavit in reply on which that party proposes to rely and deliver a copy of it to the opposite party within 7 days of the delivery of the affidavits under paragraph (b); and any notice under rule 463 requiring the production of a deponent is to be served within 14 days after the expiration of the time allowed for filing affidavits in reply.
An affidavit filed in reply is to be confined strictly to matters in reply.
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