--(1) Unless the court orders otherwise, a party may rely on a witness statement as evidence at trial without calling the witness to give oral evidence if-
----(a) there is no dispute as to facts, or there is unlikely to be such a dispute;
----(b) the only or main issue is the meaning of a document or statutory provision;
----(c) the only or main issue is a matter of law;
----(d) the proceedings are such that there must be a hearing although default judgment has been entered; or
----(e) in any other case, the parties agree.
--(2) Where a party intends to rely on a witness statement under paragraph (1) he must give notice of his intention to the other parties not less than 21 days before the trial or other hearing at which such evidence is to be relied on.
--(3) On receipt of such notice any party may apply to the court for an order requiring the maker of the witness statement to attend to be cross-examined.
--(4) If the person who made the witness statement does not attend in accordance with the order, his witness statement may not be used as evidence.
Notes
Amended by Legal Notice 140 of 2000.
Previous Rule (29.10 Amplifying witness statements at trial)