Practice question
A party files a judicial affidavit with exhibits. At the scheduled evidentiary hearing, the witness fails to appear as required. The party insists that filing alone conclusively proves the affidavit and denies the opponent any cross-examination because the testimony is already written. No special exception is asserted. Which is correct under sections 7 and 10?
- Filing alone always proves every answer conclusively
- The affidavit eliminates cross-examination in all cases
- The court must treat absence as automatic proof of truth
- The adverse party retains cross-examination rights, and the court shall not consider the affidavit of a witness who fails to appear as required
- Only the affiant may decide whether cross-examination is permitted
Legal references
- https://lawphil.net/courts/supreme/am/am_12-8-8-sc_2012.html — A.M. No. 12-8-8-SC, Judicial Affidavit Rule, sections 3–4, 6–7, 10.
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