459Evidence by affidavit on the trial of an action

### 459 Evidence by affidavit on the trial of an action > > (1)  At or before the trial of an action, the Court or a judge may order that evidence be given by affidavit. > > > (2)  An order may be on any terms as may be appropriate. > > > (3)  Subject to the terms of the order, any subsequent order and the giving of any notice under [rule 463](#GS463@EN) , a deponent is not subject to cross-examination and need not attend the trial for that purpose. > > > (4)  Subject to the terms of the order, and any subsequent order – > > > > > > (a) the party having the conduct of the proceedings is to file any affidavit on which that party proposes to rely and deliver a copy of it to the opposite party within 14 days; and > > > > > > > (b) the opposite party is to file any affidavit on which that party proposes to rely and deliver a copy of it to the other party within 14 days after the delivery of any affidavits of the party having the conduct of the proceedings; and > > > > > > > (c) the party who first filed an affidavit is to file any affidavit in reply on which that party proposes to rely and deliver a copy of it to the opposite party within 7 days of the delivery of the affidavits under [paragraph (b)](#GS459@Gs4@Hpb@EN) ; and > > > > > > > (d) any notice under [rule 463](#GS463@EN) requiring the production of a deponent is to be served within 14 days after the expiration of the time allowed for filing affidavits in reply. > > > (5)  An affidavit filed in reply is to be confined strictly to matters in reply.