Commonwealth Numbered Regulations

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FEDERAL COURT (CRIMINAL PROCEEDINGS) RULES 2016 (F2016L01726) - RULE 1.37

Cross-examination of deponent

             (1)  A party to criminal proceedings may give notice requiring a person who has made an affidavit to attend for cross-examination.

             (2)  The notice under subrule (1) must be given to the party who filed the affidavit or proposes to use it.

             (3)  If a person required to attend under subrule (1) fails to do so, the person's affidavit may not be used.

Note:          The Court may dispense with compliance with these Rules--see rule 1.06.

             (4)  If a person who has made an affidavit is cross-examined, the party using the affidavit may re-examine the person.

Note:          Whether a party is entitled to cross-examine an accused will be decided by the Court.



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