37Cross-examination of person making affidavits

37 Cross-examination of person making affidavits

(1)  A person who makes an affidavit must attend the Court for cross-examination at the hearing of the proceeding.

(2)  An affidavit is not to be used as evidence unless –

(a) the person who made the affidavit attends for cross-examination; or

(b) the Court makes an order under subrule (4) exempting the deponent from attending for cross-examination; or

(c) the parties agree to the affidavit being used as evidence; or

(d) the Court grants leave for its use.

(3)  A party may apply to the Court for an order exempting a person who makes an affidavit from attending for cross-examination.

(4)  On an application under subrule (3) , the Court 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 –

(a) the circumstances of the case; and

(b) the issues in the proceeding; and

(c) the cost of procuring the attendance of the deponent.

(5)  Unless the Court makes an order under subrule (4) , a party is entitled to compel the attendance of the person who has made an affidavit for cross-examination in the same way as that party may compel the attendance of a witness to be examined.