--(1) The court may require evidence to be given by affidavit instead of, or in addition to, oral evidence or, a witness statement.
--(2) In this Part "deponent" means the maker of an affidavit.
--(3) Whenever an affidavit is to be used in evidence, any party may apply to the court for an order requiring the deponent to attend to be cross-examined.
--(4) If the deponent does not attend as required by the court order, his affidavit may not be used as evidence unless the court permits.
--(5) The general rule is that an affidavit must be filed before it may be used in any proceedings.
--(6) In a case of urgency the court may, however, make an order on an affidavit which has not been filed if the party tendering it undertakes to file it before the order is drawn up.
Notes
Amended by Legal Notice 140 of 2000.