PART 4COURT PROCEDURE AND PRACTICE
CHAPTER 2Making applications to court
Witness statements and reports4.21
1
Where the Act or these Rules require evidence as to a matter, such evidence may be given by witness statement unless—
a
in a specific case a rule or the Act makes different provision; or
b
the court otherwise directs.
2
Unless either the provision of the Act or rule under which the application is made provides otherwise or the court directs otherwise—
a
if the applicant intends to rely at the first hearing on evidence in a witness statement or report, the applicant must file the witness statement or report with the court and serve a copy of it on the respondent not less than 14 days before the date fixed for the hearing; and
b
where the respondent intends to oppose the application and rely for that purpose on evidence contained in a witness statement or report, the respondent must file the witness statement or report with the court and serve a copy of it on the applicant not less than five business days before the date fixed for the hearing.
3
The court may order a person who has made a witness statement or report to attend for cross-examination.
4
Where a person who has been ordered to attend fails to do so the witness statement or report must not be used in evidence without the court’s permission.