Rule 44 Use of affidavit evidenceI1

In any proceedings evidence may be given by affidavit unless by any provision of these Rules it is otherwise provided 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 the affidavit.

Where, after such an order has been made, the person in question does not attend, his affidavit shall not be used in evidence without the permission of the court.