§ 2.20.100. Affidavits.

At any time, fifteen (15) 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 or she proposes to introduce in evidence, together with notice as hereinafter provided. Unless the opposing party, within seven days after such mailing or delivery, mails or delivers to the proponent a request to cross-examine the affiant, the opposing party's 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 a request therefor is made as provided in this section, the affidavit may be introduced in evidence, but shall be given only the same effect as other hearsay evidence.

The above-referenced notice shall be substantially in the following form:

  The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing in (here insert title of proceeding). (Here insert name of affiant) will not be called to testify orally and you will not be entitled to question him or her unless you notify (here insert name of proponent or his or her attorney) at (here insert address) that you wish to cross-examine. To be effective your request must be mailed or delivered to (here insert name of proponent or his or her attorney) on or before (here insert a date seven days after the date of mailing or delivering the affidavit to the opposing party).

As used in this section, "affidavit" also means declaration in accordance with Code of Civil Procedure Section 2015.5.

(Ord. 643 § 10, 1989)