359Leave to defend

### 359 Leave to defend > > (1)  A defendant may show cause against an application for summary judgment by affidavit or otherwise. > > > (2)  [*\[Rule 359 Subrule (2) substituted by S.R. 2004, No. 56, Applied:21 Jul 2004\]*](/view/html/inforce/2004-07-21/sr-2004-056#GS16@EN) Unless a judge otherwise directs, the hearsay rule does not apply to evidence in an affidavit made under [subrule (1)](#GS359@Gs1@EN) 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.