(1)  At the hearing of an application under this Part, evidence may be given by affidavit.

(2)  A person who makes an affidavit for the purposes of subrule (1) is not required to attend the hearing of the application unless a party to the proceedings, or the justice, so requires.

(3)  By notice in writing given to the person who made an affidavit for the purposes of subrule (1) , a party to the proceedings may require that the person attend the hearing for cross-examination and, if the person fails to attend, the court may –

(a) refuse to allow the affidavit to be used; or

(b) allow the affidavit to be used on any conditions the court thinks fit; or

(c) adjourn the proceedings until the person attends for cross-examination.

(4)  Notice under subrule (3) is to be given not less than 10 clear working days before the proceedings.