99. Witness summaries

(1) A party who is required to serve a witness statement for use at trial but is unable to obtain one may apply, without notice, for permission to serve a witness summary instead.
(2) A witness summary is a summary of the evidence, if known, which would otherwise be included in a witness statement; or, if the evidence is not known, the matters about which the party serving the witness summary proposes to question the witness.
(3) Unless the Court orders otherwise, a witness summary must be served within the period in which a witness statement would have had to be served.