359Leave to defend

359 Leave to defend

(1)  A defendant may show cause against an application for summary judgment by affidavit or otherwise.

(2)  [Rule 359 Subrule (2) substituted by S.R. 2004, No. 56, Applied:21 Jul 2004] Unless a judge otherwise directs, the hearsay rule does not apply to evidence in an affidavit made under subrule (1) if the party who adduces the evidence also adduces evidence of its source.

(3)  On the hearing of an application, the judge may order a defendant showing cause or, if the defendant is a corporation, any officer of the corporation –

(a) to produce any document; or

(b) to attend and be examined on oath if it appears to the judge that it is desirable because of special circumstances.

(4)  A judge is to grant leave either unconditionally or on any terms to defend the claim or a part of the claim if –

(a) there is an issue or question in dispute that ought to be tried; or

(b) for some other reason there ought to be a trial of the claim or a part of the claim.