(1)

This rule applies only to a trial.

(2)

A party seeking to cross-examine a deponent must, at least 14 days before the trial, give to the party who filed the affidavit a written notice stating the name of the deponent who is required to attend court for cross-examination.

(3) If a deponent fails to attend court in response to a notice under subrule (2), the court may:

(a)

refuse to allow the deponent's affidavit to be relied on;

(b)

allow the affidavit to be relied on only on the terms ordered by the court; or

(c)

order the deponent to attend for cross-examination.

(4) If:

(a)

a deponent attends court in response to a notice under subrule (2); and

(b)

the deponent is not cross-examined, or the cross-examination is of little or no evidentiary value;

the party who required the deponent's attendance may be ordered to pay the deponent's costs for attending and any costs incurred by the other party because of the notice.