Commonwealth Numbered Regulations

SUMMARY AUTHORITY RULES (SLI NO 248 OF 2009) - RULE 51

         (1)   If notice is given in accordance with this rule, a party may tender as an exhibit to the summary authority the statement of any witness, instead of calling the witness to testify, unless:

                (a)    notice is received in accordance with subrule (5) that the witness is required; and

               (b)    the witness:

                          (i)    is reasonably available to give evidence in person, having regard to the exigencies of service; or

                         (ii)    is reasonably available to give evidence by audio-visual link or audio link, having regard to the exigencies of service.

         (2)   If, in the opinion of the summary authority, a witness is not reasonably available to testify within the meaning of subrule (1), the party may apply to tender the witness statement.

         (3)   The summary authority must not accept a witness statement tendered under subrule (2) unless:

                (a)    the opposing party consents; or

               (b)    the summary authority is satisfied that no injustice will be suffered by the opposing party, having regard to:

                          (i)    the foreshadowed evidence of the witness; and

                         (ii)    the reasons given for requiring the witness to testify; and

                         (iii)    whether the witness gives primary or secondary evidence of relevant facts; and

                        (iv)    whether the credibility of the witness can be adequately assessed; and

                         (v)    the weight of the evidence of the witness, if accepted; and

                        (vi)    any other matter that the summary authority considers relevant to the evidence of the witness.

         (4)   Notice of an intention to tender a witness statement must be given in writing to the opposing party, and must:

                (a)    include a copy of the witness statement; and

               (b)    state that the party receiving the notice has the right to require the witness to testify provided that is done within the time stated in the notice; and

                (c)    be served no later than 48 hours before the scheduled commencement of the proceeding.

         (5)   Notice that the witness is required to testify must be delivered in writing to the opposing party no later than 24 hours before the scheduled commencement of the proceeding.

         (6)   A party may consent to a lesser period of notice than specified by this rule.