Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 439

439 Examination of signatory for affidavit

(1) If an affidavit is to be relied on at a hearing, the court may order the signatory for the affidavit 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 signatory for 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 signatory for the affidavit must attend the court to be available for cross-examination unless the party otherwise agrees.

(4) If the signatory for 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 signatory for an affidavit; and

(b) direct that an affidavit be used without the signatory for 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 signatory for an affidavit to attend the court is not liable to pay the expenses of the attendance.