The July issue of our Irish Civil Litigation Update is now live for online subscribers. This update contains five case notes across different practice areas, including an interesting section on the cross-examination of a witness to an affidavit. An excerpt from this section reads:
'The court noted that the substance of the defendant’s affidavits was that the court had no discretion, pursuant to Ord 40 of the Rules of the Superior Courts, in relation to the defendant’s application, and that the deponents must be produced for cross examination. The affidavit contained legal submissions to the effect that the entitlement of the defendant to cross-examine was an absolute one, and a failure to produce the deponents should cause their evidence to be excluded. The defendant relied specifically upon Ord 40 r 32, which states that, ‘[t]he party to whom such notice as is mentioned in r 31, is given, shall be entitled to compel the attendance of the deponent for cross-examination in the same way as he might compel the attendance of a witness to be examined.’ The court took the view that on any reading of the rules, the time for serving the notice of cross-examination had expired as of right.'
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