463Cross-examination of deponent

463 Cross-examination of deponent

(1)  A party seeking to cross-examine a deponent on an affidavit filed on behalf of an opposite party may serve on that opposite party a notice requiring the production of the deponent for cross-examination at the hearing of the proceeding.

(2)  The affidavit is not to be used as evidence unless –

(a) the deponent is produced according to the notice; or

(b) the Court or a judge makes an order under subrule (4) exempting the deponent from attending for cross-examination; or

(c) the Court or a judge grants special leave for its use.

(3)  A party served with a notice under subrule (1) may apply to the Court or a judge for an order exempting the deponent named in the notice from attending for cross-examination.

(4)  On an application under subrule (3) , the Court or a judge may make an order exempting a deponent from attending for cross-examination if the deponent's attendance is not necessary in the interests of justice having regard to –

(a) the circumstances of the case; and

(b) the subject matter of the proceeding; and

(c) the cost of procuring the attendance of the deponent.

(5)  Unless the Court or a judge makes an order under subrule (4) , the party on whom a notice under subrule (1) is served is entitled to compel the attendance of the deponent for cross-examination in the same way as that party may compel the attendance of a witness to be examined.

(6)  A party who produces a deponent for cross-examination is not entitled to demand the expenses of that attendance in the first instance from the party requiring the attendance.