New South Wales Consolidated Regulations

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Cross-examination of deponent

35.2 Cross-examination of deponent

(cf SCR Part 38, rule 9; DCR Part 30, rule 9; LCR Part 25, rule 10)

(1) A party may, by written notice served on the party serving or proposing to use an affidavit, require the attendance for cross-examination of the person by whom the affidavit has been made.
(2) Such notice is to be given a reasonable time before the time at which the person is required to attend for cross-examination.
(3) If reasonable notice of such a requirement has been given in respect of an affidavit, and the deponent does not attend for examination, the affidavit may not be used unless the deponent is dead or unless the court orders otherwise.
(4) If a person making an affidavit is cross-examined, the party using the affidavit may re-examine the person.

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