# The Family Proceedings Rules (Northern Ireland) 1996, Rule 2.41: Evidence by affidavit, etc

Extent: N.I.

(1) The court may order—
(a) that any particular fact to be specified in the order may be proved by affidavit,
(b) that the affidavit of any witness may be read at the trial on such conditions as the court thinks reasonable,
(c) that the evidence of any particular fact shall be given at the trial in such manner as may be specified in the order and in particular—
(i) statement on oath of information or belief, or
(ii) the production of documents or entries in books, or
(iii) by copies of documents or entries in books, or
(d) that not more than a specified number of expert witnesses may be called.
(2) An application to the Master for an order under paragraph (1) shall—
(a) if no notice of intention to defend has been given, or
(b) if the petitioner and every party who has given notice of intention to defend consents to the order sought, or
(c) if the cause is undefended and the certificate of readiness has been lodged,
be made ex parte by filing an affidavit stating the grounds on which the application is made.
(3) Where an application is made before the trial for an order that the affidavit of a witness may be read at the trial or that evidence of a particular fact may be given at the trial by affidavit, the affidavit or a draft thereof shall be submitted with the application; and where the affidavit is sworn before the hearing of the application and sufficiently states the grounds on which the application is made, no other affidavit shall be required under paragraph (2).
(4) The court may, on the application of any party to a cause begun by petition, make an order for the examination on oath of any person, and R.S.C. Order 38, rule 7, and Order 39, rules 1 to 14, (which regulate the procedure where evidence is to be taken by deposition) shall have effect accordingly with the appropriate modifications.
(5) On any interlocutory application made to the court 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 attendance has been ordered, such affidavit shall not be used as evidence without the leave of the court.
(6) Medical and other expert evidence or the evidence of an inquiry agent to prove adultery may without leave, and in an undefended cause shall, be given by affidavit, but the court may, of its own motion or on the application of any party at the trial, order the attendance for cross-examination of the person making any such affidavit; and after such attendance has been ordered such affidavit shall not be used in evidence without the leave of the court.
(7) Where the statement of a co-respondent or a person named admitting his or her adultery with the respondent or of a respondent admitting his or her adultery with a person named or a co-respondent has been made in the presence and hearing of the person with whom adultery is admitted, the affidavit must contain an averment that the statement has been so made.

---
Source: https://www.legislation.gov.uk/nisr/1996/322/rule/2.41 (the official version)
Page: https://openlegislation.uk/family-proceedings-rules-northern-ireland-1996/rule-2.41
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.