r 40.03
In forceContrary direction as to evidence
Part 2Offers of compromise
40.03 Contrary direction as to evidence
(1)
Notwithstanding Rule 40.02, the Court may order that evidence be given—
(a)
orally on the hearing of an interlocutory or other application in any proceeding;
(b)
by affidavit at the hearing of a proceeding.
(2)
If the Court makes an order under paragraph (1)(a), it may direct that the party on whose application the order is made give such notice as it thinks fit to the other parties of the oral evidence the party proposes to adduce.
(3)
If the Court makes an order under paragraph (1)(b), it may order that the deponent attend at the hearing to be examined or that the deponent's attendance be dispensed with.
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