(1) Notwithstanding Rule 40.02, the Court may order that evidence be given—
(a) orally on the hearing of an interlocutory or other application in any proceeding or at the trial of a proceeding commenced by originating motion;
(b) by affidavit at the trial of a proceeding commenced by writ.
(2) Where the Court makes an order under paragraph (1)(a), it may direct that the party on whose application the order is made give such notice as it thinks fit to the other parties of the oral evidence the party proposes to adduce.
(3) Where the Court makes an order under paragraph (1)(b), it may order that the deponent shall attend at the trial to be examined or that the deponent's attendance be dispensed with.