 |
| [affi…] davit has been admitted in evidence, it shall he done
following the reading of the affidavit,* if the affiant is then available. If
the affiant is available and not cross-examined at that time, whether the
Tribunal will require him produced for cross-examination at some subsequent
date will depend upon the particular circumstances of each case, including a
reasonable showing as to why the affiant was not cross-examined at the time he
was available for the purpose. This ruling is made in anticipation of the
probability that some of the affiants will have come from a distance in order
to be available for cross-examination, and the ruling, of course, presupposes
that in every instance where the prosecution offers an affidavit in evidence, a
copy thereof will have been furnished counsel for the defense at least 24 hours
prior to the time the affidavit is offered. Where the defense desires to
cross-examine an affiant and he is not available at the time his affidavit is
introduced, he must be produced for that purpose before the defense will be
required to proceed with its case. Otherwise, the affidavit will not be
considered by the Tribunal in reaching their final conclusion on the merits.
|
__________
* In practice, the contents
of affidavits offered in evidence ordinarily were not read into the record, but
rather were made a part of the record by being offered in evidence as an
exhibit. Thereafter if the affiant was called for cross-examination, the
affidavits were treated as if the affiant had given the statements contained
therein during direct examination.
59 |
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