No, because they can't object to the admissibility of it. The code provides for it. The only thing they can do is seek leave to cross-examine. They can't just insist on it as a right. Parliament took care of that a long time ago.
My point is that to be granted leave to cross-examine an affiant under section 657.3--no different from cross-examining a drug analyst or a breath technician--you have to be able to establish to the judge that there is some purpose to the cross-examination. All I'm saying is that a judge is going to say to defence counsel, “Why should I permit you to waste this court's time in cross-examining the expert? What questions are you going to ask? In what areas do you think this opinion is weak?” If the defence can only say, “Well, I want to ask all of the questions that the lawyer in the other case asked, as in the transcript in front of you,” no judge is going to let them eat up court time to do it again--not a chance.