Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In an action under section 27, proof of either or both of the following matters may be given by affidavit:
(a) the subsistence, at a particular time, of EL rights in the circuit layout to which the action relates;
(b) the ownership, at a particular time, of the EL rights in that layout.
(2) If a party to an action requires in good faith that a person who made an affidavit referred to in subsection ( 1) that is proposed to be used in the action be cross - examined with respect to the matters in the affidavit, the affidavit may not be used in the action unless the person appears as a witness for such cross - examination or the court, in its discretion, permits the affidavit to be used without the person's so appearing.