TASIn ForceRegulation
Magistrates Court (Civil Division) Rules 1998
101Witness not required to attend trial
Start here
Get a plain-English read of 101
Turn the raw legal text into a practical explanation grounded in Magistrates Court (Civil Division) Rules 1998.
### 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)](#GS101@Gs1@Hpb@EN) 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.