(1)Unless provided otherwise by these rules, witnesses at the trial of an action may be orally examined, cross-examined and re-examined under oath.

(2)The trial judge shall exercise reasonable control over the interrogation of a witness to prevent undue harassment or embarrassment and may disallow any question that is vexatious or irrevelant.

(3)The trial judge may, at any time, direct that a witness be recalled for further examination.

(4)Where a witness is evasive, the trial judge may permit the party calling that witness to examine him by means of leading questions relevant to the matters in issue.

(5)Where a witness understands neither of the official languages, or is a deaf or mute person, the party calling that witness shall provide a competent and independent interpreter who, before the witness is sworn, shall be sworn to interpret accurately the administration of the oath, the questions to be put to the witness and his answers thereto.

(1)Before or at the trial of an action, the court may make an order, upon such terms as may be just, allowing the evidence of any witness to be given by affidavit or any particular fact or document to be proved by affidavit, unless an adverse party requires the attendance of the deponent at trial for cross-examination.

(2)Where an order is made under paragraph (1) prior to the trial, it may be revoked or varied by the trial judge where it appears necessary to do so in the interests of justice.

(3)At the trial of an undefended action, the plaintiff may prove his case by affidavit unless the court orders otherwise.

(1)Where a party requires a person in New Brunswick to attend as a witness at trial, he may serve him with a Summons to Witness (Form 55A), and such summons may require him to produce at the trial everything in his possession, custody or control relating to the matters in question in the action or such things relating thereto as are particularly specified therein.

(2)On the request of a party, a clerk shall issue a blank Summons to Witness signed by him under the seal of the court and the party may complete the summons and insert therein the names of any number of witnesses.

(3)A Summons to Witness for the production of an original record or document which may be proved by a certified copy shall not be served without leave of the court.

(4)A Summons to Witness shall be served personally and at the same time, unless the person summoned is an adverse party, or an officer, director, partner or sole proprietor of an adverse party, he shall be paid or tendered proper attendance money as prescribed in Tariff ‘D’ of Rule 59.

(5)Service of a Summons to Witness and the payment or tender of any attendance money may be proved by affidavit.

(6)A Summons to Witness continues to have effect until the conclusion of the trial for which the attendance of the witness is required.

(7)Where a witness fails to attend at the trial of an action or to remain in attendance in accordance with the requirements of a Summons to Witness served upon him, and the presence of that witness is material to the conduct of the action, the trial judge may, by his Warrant (Form 55B) directed to any sheriff or other peace officer in New Brunswick, cause the witness to be apprehended anywhere within New Brunswick and forthwith brought before the court. Upon being apprehended, he may be detained in custody until his presence as such witness is no longer required, or released on such terms as may be just, and he may be ordered to pay the costs arising out of his failure to attend or remain in attendance.

(1)A party intending to call as a witness at trial an adverse party or an officer, director, partner or sole proprietor of an adverse party, may serve him with a Notice to Attend (Form 55D) and such service may be made by serving the solicitor for that adverse party at least 10 days before trial.

(2)A party may call as a witness an adverse party or an officer, director, partner or sole proprietor of an adverse party who is in attendance at trial and has not already testified, unless counsel for that adverse party undertakes to call him as a witness.

(3)A party who calls an adverse party or an officer, director, partner or sole proprietor of an adverse party as a witness may cross-examine him and the witness may then be re-examined with respect to the evidence he has given.

(4)Where a plaintiff calls a defendant as a witness, the defendant may be called again as a witness for the defence.

(5)If a person required to testify pursuant to this subrule refuses or neglects to attend at the trial or to remain in attendance at the trial or refuses to be sworn or to answer any proper question put to him or to produce anything which he is required to produce, the court may pronounce judgment in favour of the party calling that witness, adjourn the trial, or make such other order as may be just.