Upon request of a party, the court may permit that direct testimony of that party’s own witness in a non-jury trial or evidentiary hearing be submitted in affidavit form, provided, however, that the opposing party shall have the right to object to statements in the direct testimony affidavit, and the court shall rule on such objections, just as if the statements had been made orally in open court. Where an objection to a portion of a direct testimony affidavit is sustained, the court may direct that such portion be stricken. The submission of direct testimony in affidavit form shall not affect any right to conduct cross-examination or re-direct examination of the witness.
Historical Note
Added on Dec. 29. 2020, effective February 1, 2021
Amended on June 13, 2022, effective effective July 1, 2022