sec.439Examination of signatory for affidavit

### sec.439 Examination of signatory for affidavit If an affidavit is to be relied on at a hearing, the court may order the signatory for the affidavit to be examined and cross-examined before the court and may order the person to attend the court for the purpose. If an affidavit to be relied on at a hearing is served on a party more than 1 business day before the hearing and the party wishes the signatory for the affidavit to attend the court for cross-examination, the party must serve a notice to that effect on the party on whose behalf the affidavit is filed at least 1 business day before the date the person is required for examination. If an affidavit to be relied on at a hearing is served on a party less than 2 business days before the hearing, the signatory for the affidavit must attend the court to be available for cross-examination unless the party otherwise agrees. If the signatory for the affidavit does not attend the court in compliance with the notice or subrule (3) , the court may refuse to receive the affidavit into evidence. However, the court may— dispense with the attendance for cross-examination of a signatory for an affidavit; and direct that an affidavit be used without the signatory for the affidavit being cross-examined in relation to the affidavit. Unless the court orders otherwise, a party who serves a notice under subrule (2) for the signatory for an affidavit to attend the court is not liable to pay the expenses of the attendance. r 439 amd 2022 SL No. 49 s 11 (sec.439-ssec.1) If an affidavit is to be relied on at a hearing, the court may order the signatory for the affidavit to be examined and cross-examined before the court and may order the person to attend the court for the purpose. (sec.439-ssec.2) If an affidavit to be relied on at a hearing is served on a party more than 1 business day before the hearing and the party wishes the signatory for the affidavit to attend the court for cross-examination, the party must serve a notice to that effect on the party on whose behalf the affidavit is filed at least 1 business day before the date the person is required for examination. (sec.439-ssec.3) If an affidavit to be relied on at a hearing is served on a party less than 2 business days before the hearing, the signatory for the affidavit must attend the court to be available for cross-examination unless the party otherwise agrees. (sec.439-ssec.4) If the signatory for the affidavit does not attend the court in compliance with the notice or subrule (3) , the court may refuse to receive the affidavit into evidence. (sec.439-ssec.5) However, the court may— dispense with the attendance for cross-examination of a signatory for an affidavit; and direct that an affidavit be used without the signatory for the affidavit being cross-examined in relation to the affidavit. (sec.439-ssec.6) Unless the court orders otherwise, a party who serves a notice under subrule (2) for the signatory for an affidavit to attend the court is not liable to pay the expenses of the attendance. - (a) dispense with the attendance for cross-examination of a signatory for an affidavit; and - (b) direct that an affidavit be used without the signatory for the affidavit being cross-examined in relation to the affidavit.