(1) A witness may be examined at the hearing of an appeal, even though he or she was not examined at the original hearing if the Court is satisfied as to any of the following matters—
(a) that he or she was served with a summons at the original hearing, and was prevented from appearing due to some unavoidable cause;
(b) that he or she was prevented from appearing in person by reason of his or her absence from the State;
(c) that he or she was actually offered for examination, but the district court improperly refused to examine him or her.
(2) Except as otherwise provided in subsection (1), only those witnesses examined at the original hearing shall be examined at the hearing of an appeal, unless the Court is satisfied that without the further evidence of other witnesses, a miscarriage of justice is likely to result.