Is an application to determine the suitability of a summary trial admissible?

The normal rules of admissibility apply on applications under Rule 158.1 (Practice Note No. 8, para. 12). However, an application to determine the suitability of a summary trial is not a final application (Elliott v. Amante, supra, at p. 66). Accordingly, Rule 305(3) permits affidavits based on information and belief. Thus, for the purposes of the present application those parts of the affidavits based upon information and belief are admissible. That is a sufficient conclusion for the purposes of this application. Whether the affidavits would be admissible at a trial, summary or otherwise, I need not decide. CONCLUSION