Queensland Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 1999 - REG 439

Examination of person making affidavit

439 Examination of person making affidavit

(1) If an affidavit is to be relied on at a hearing, the court may order the person making it to be examined and cross-examined before the court and may order the person to attend the court for the purpose.
(2) If an affidavit to be relied on at a hearing is served on a party more than 1 business day before the hearing and the party wishes the person who made the affidavit to attend the court for cross-examination, the party must serve a notice to that effect on the party on whose behalf the affidavit is filed at least 1 business day before the date the person is required for examination.
(3) If an affidavit to be relied on at a hearing is served on a party less than 2 business days before the hearing, the person who made the affidavit must attend the court to be available for cross-examination unless the party otherwise agrees.
(4) If the person who made the affidavit does not attend the court in compliance with the notice or subrule (3) , the court may refuse to receive the affidavit into evidence.
(5) However, the court may—
(a) dispense with the attendance for cross-examination of a person making an affidavit; and
(b) direct that an affidavit be used without the person making the affidavit being cross-examined in relation to the affidavit.
(6) Unless the court orders otherwise, a party who serves a notice under subrule (2) for the person who made an affidavit to attend the court is not liable to pay the expenses of the attendance.



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