Rule 10 LPDC Rules 2020

Rule 10 of the Legal Practitioners Disciplinary Committee (LPDC) Rules 2020 is about Written Evidence. It provides as follows:

(1) The Respondent shall within 24 days from the date of service on him of the Originating Application if he intends to defend the application, deliver to the Secretary an affidavit disclosing a defence to the Originating Application on the merit together with all other affidavits and documents he intends to rely on in his defence.

(2) The Disciplinary Committee may in its discretion, in respect of a whole case or of any particular fact or facts, proceed and act upon the affidavits of the parties alone provided that the Committee in its discretion may, deserving circumstances permit the hearing of oral evidence or may summon any deponent for the purpose of cross-examination.

(3) Any party on whom affidavit has been served and who requires the attendance, at the hearing,-of the deponent in question shall, not later than 9
days before the date of the hearing require, in writing, the other party to
produce the deponent at the hearing for the purpose of cross-examination.

(4) If no party requires the attendance of a witness in accordance with the provisions of this rule, the Committee may proceed to determine the Originating Application on the basis of affidavit evidence alone.

(5) If a deponent who has been required to attend a hearing in accordance with the provisions of this Rule fails to do so, the onus shall be on the party seeking to rely on the affidavit of that deponent to show why his affidavit should be relied on as evidence.

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