County Court Rules (Northern Ireland) 1981

Power to order proof by affidavit

4.—(1) Subject to paragraphs (2) and (3), the judge may at any time order that—

(a) any particular fact or facts may be proved by affidavit; or

(b) the affidavit of any witness may be read at the hearing on such conditions as the judge thinks reasonable; or

(c) any witness whose attendance in court ought for some sufficient cause to be dispensed with be examined by interrogatories or before an examiner.

(2) Where it appears to the judge that any party bona fide desires the production of a witness for cross-examination and that the witness can without undue expense be produced, an order shall not be made authorising his evidence to be given by affidavit.

(3) Nothing in any order made under paragraph (1) shall affect the power of the judge at the hearing to refuse to admit evidence tendered in accordance with any such order if in the interests of justice he thinks fit to do so.