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Evidence by affidavit
10.12 On any application made—
(a)in a county court, by originating application or in accordance with CCR Order 13, rule I (which deals with applications in the course of proceedings), or
(b)in the High Court, by originating summons, notice or motion,
evidence may be given by affidavit unless these rules otherwise provide or the court otherwise directs, but the court may, on the application of any party, order the attendance for cross-examination of the person making any such affidavit; and where, after such an order has been made, that person does not attend, his affidavit shall not be used as evidence without the leave of the court.
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