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)](#GS463@Gs4@EN) 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)](#GS463@Gs1@EN) 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)](#GS463@Gs3@EN) , 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)](#GS463@Gs4@EN) , the party on whom a notice under [subrule (1)](#GS463@Gs1@EN) 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.