Examination for Discovery – Part II

Examination for Discovery – Part II

Examination for Discovery for Self-represented Litigants: Part II

This post follows our segment on Discovery for Self-represented Litigants found here.

To recap, examination for discovery enables a party to examine the other party orally, prior to a trial. One party is able to determine the veracity of another party’s statements during this time. If questions are carefully crafted, admissions of guilty (in most cases inadvertently) may be made. Discovery can also result in out-of-court settlements.

Is an Examination for Discovery recorded?

Discovery is typically recorded in transcript format with an appointed clerk and a specialized reporting company. While transcripts garnered from examinations do not generally form part of the evidence in which the court decides the case, at trial, a party can rely on inconsistent or contradictory statements made by the other party.

What else can be concluded from Discovery?

Examination also allows parties to request certain documents of the other party. At discovery, parties are also able to ascertain the other documents that the other party has.

What happens during Discovery?

During discovery, the court report usually sits at the end of the table between the sides and marks exhibits as evidence during the examination. The party who is being examined sits across from the opposing party’s lawyer who is examining them. Parties to the claim are able to attend discovery.

Is there anything I can’t do during discovery?

If you are the party that is being examined, you cannot discuss the case with your lawyer- even if it is during recess/recession or a short break.

A lawyer that is representing a party being represented can object to a question that is irrelevant or improper.

Are there certain things that can’t be asked?

Only questions that are relevant are allowed in discovery. Relevancy refers to the matter at hand. A relevant matter may arise from pleadings and particulars. Parties are encouraged to have working familiarity with all pleadings in the action.

If you are a self-represented litigant requiring assistance with your discovery, contact one of our lawyers to take advantage of our unbundled services. Our Vancouver and Surrey lawyers are here to assist you with your lawsuit. Get in touch with one of our dispute attorneys today. Call us today at 604-930-9578 or 1-800-930-9986.