(1) The court may require evidence to be given by affidavit instead of, or in addition to oral evidence.
(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) Such an application must be made not less than in the case of —
(a) a trial – 21 days; or
(b) any other hearing – 7 days,
before the date of the hearing at which it is intended to cross-examine the deponent.
(5) If the deponent does not attend as required by the court order, the affidavit may not be used as evidence unless the court permits.
(6) The general rule is that an affidavit must be filed before it may be used in any proceedings.
(7) In a case of urgency, the court may permit reliance on an affidavit which has not been filed if the party tendering it undertakes to file it.