Evidence: Cross-examination

(a)At any time ten

(10)or more days prior to a hearing or a continued hearing, any party may mail or deliver to the opposing party a copy of any affidavit which he proposes to introduce in evidence, together with a notice as provided in Subsection (b). Unless the opposing party, within seven

(7)days after such mailing or delivery, mails or delivers to the proponent a request to cross-examine an affiant, his right to cross-examine such affiant is waived and the affidavit, if introduced in evidence shall be given the same effect as if the affiant had testified orally. If an opportunity to cross- examine an affiant is not afforded after request therefor is made as herein provided, the affidavit may be introduced in evidence, but shall be given only the same effect as other hearsay evidence.

(b)The notice referred to in Subsection

(a)shall be substantially in the following form: The accompanying affidavit of (insert here name of affiant) will be introduced as evidence at the hearing in (insert here title of proceedings). (Here insert name of affiant) will not be called to testify orally and you will not be entitled to question him unless you notify (here insert name of proponent or his attorney) at (here insert address) that you wish to crossexamine him. To be effective, your request must be mailed or delivered to (here insert name of proponent or his attorney) on or before (here insert a date seven

(7)days after the date of mailing or delivering the affidavit to the opposing party).