8Evidence by affidavit

8 Evidence by affidavit

(1)  The Tribunal may –

(a) direct that evidence be taken by affidavit, including cross-affidavit, in accordance with rule 9 ; and

(b) specify, in the direction, a timetable for the lodgement and serving of any affidavit and any notice to cross-examine the deponent of the affidavit.

(2)  The Tribunal is to serve all relevant parties with notice of any directions given under subrule (1) .

(3)  If a direction is given under subrule (1) regarding evidence to be taken by affidavit, a party wishing to cross-examine the deponent of an affidavit must serve on the party who lodged the affidavit a notice requiring the deponent to attend the hearing for cross-examination.

(4)  If the Tribunal does not specify a time for service of a notice requiring a deponent to attend a hearing, the notice must be served a reasonable time before the deponent is required to attend.

(5)  An affidavit must not be used in evidence unless –

(a) the deponent of the affidavit attends in accordance with any notice served on the deponent under subrule (3) in respect of the application; or

(b) the Tribunal makes an order exempting the deponent of the affidavit from cross-examination.