101Witness not required to attend trial

101 Witness not required to attend trial

(1)  The attendance of a witness at a trial is not required if –

(a) the party calling the witness serves an affidavit of the witness on all other parties not less than 14 days before the date fixed for trial; and

(b) within 7 days after the affidavit is served, another party has not objected to the use of the affidavit at the trial.

(2)  An objection under subrule (1)(b) is to be in writing.

(3)  The Court may receive as evidence an affidavit served under this rule and to which no objection has been made.

(4)  The Court is to order a party whose objection it considers unreasonable to bear relevant costs.