Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 15.14

Notice to attend for cross-examination

             (1)  This rule applies only to a trial.

             (2)  A party seeking to cross-examine a deponent must, at least 14 days before the relevant date, give to the party who filed the affidavit a written notice stating the name of the deponent who is required to attend court for cross-examination.

             (3)  If a deponent fails to attend court in response to a notice under subrule (2), the court may:

                     (a)  refuse to allow the deponent's affidavit to be relied on;

                     (b)  allow the affidavit to be relied on only on the terms ordered by the court; or

                     (c)  order the deponent to attend for cross-examination.

             (4)  If:

                     (a)  a deponent attends court in response to a notice under subrule (2); and

                     (b)  the deponent is not cross-examined, or the cross-examination is of little or no evidentiary value;

the party who required the deponent's attendance may be ordered to pay the deponent's costs for attending and any costs incurred by the other party because of the notice.



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