8Hearing of applications

8 Hearing of applications

(1)  At the hearing of an application under Part XA of the Act, except the hearing of an application under section 106GA(1) of the Act, evidence may be given by affidavit.

(2)  A person who made an affidavit for the purposes of subrule (1) is not required to attend the hearing of the application unless a party to the proceedings, or the justice hearing the proceedings, so requires.

(3)  By notice in writing given to the person who made an affidavit for the purposes of subrule (1) , a party to the proceedings may require that the person attend the hearing for cross-examination and, if the person fails to attend, the court may –

(a) refuse to allow the affidavit to be used; or

(b) allow the affidavit to be used on any conditions that the court thinks fit; or

(c) adjourn the proceedings until the person attends for cross-examination.