Victorian Consolidated Regulations

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MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2020 - REG 40.04

Examination on affidavit

    (1)     If an affidavit is filed in any proceeding, the Court

        (a)     may order that the deponent be examined before the Court; and

        (b)     may order that the deponent attend for that purpose at such time and place as it directs.

    (2)     Unless the Court otherwise orders, a party to a proceeding commenced by complaint on whose behalf an affidavit is filed in the proceeding must cause the deponent to attend at the hearing of the proceeding to be examined if notice that such attendance is required is served on the party by any other party a reasonable time before the commencement of the hearing.

    (3)     If a deponent in respect of whom an order is made under paragraph (1) or a notice is served under paragraph (2) does not attend for examination the Court may order that the affidavit be not received into evidence.



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