Supreme Court Rules 2000

A party seeking to cross-examine a deponent on an affidavit filed on behalf of an opposite party may serve on that opposite party a notice requiring the production of the deponent for cross-examination at the hearing of the proceeding.

The affidavit is not to be used as evidence unless – the deponent is produced according to the notice; or the Court or a judge makes an order under subrule (4) exempting the deponent from attending for cross-examination; or the Court or a judge grants special leave for its use.

A party served with a notice under subrule (1) may apply to the Court or a judge for an order exempting the deponent named in the notice from attending for cross-examination.

On an application under subrule (3), the Court or a judge may make an order exempting a deponent from attending for cross-examination if the deponent's attendance is not necessary in the interests of justice having regard to – the circumstances of the case; and the subject matter of the proceeding; and the cost of procuring the attendance of the deponent.

Unless the Court or a judge makes an order under subrule (4), the party on whom a notice under subrule (1) is served is entitled to compel the attendance of the deponent for cross-examination in the same way as that party may compel the attendance of a witness to be examined.

A party who produces a deponent for cross-examination is not entitled to demand the expenses of that attendance in the first instance from the party requiring the attendance.