13Witness not required to attend arbitrated hearing

13 Witness not required to attend arbitrated hearing

(1)  Subject to regulation 14 , a witness is not required to attend an arbitrated hearing if –

(a) the party calling the witness serves an affidavit of the witness or, in the case of an expert witness, a proof of evidence on the other parties not less than 14 days before the date fixed for the hearing; and

(b) within 7 days after the affidavit or proof of evidence is served, another party has not objected to the use of the affidavit or proof of evidence at the hearing.

(2)  An objection under subregulation (1)(b) is to be –

(a) in writing; and

(b) served on the other parties.

(3)  An affidavit or proof of evidence served under subregulation (1) is receivable at the arbitrated hearing if an objection has not been made.

(4)  The Tribunal may order a party whose objection it considers unreasonable to bear the costs associated with the attendance of any witness.