Examinations for discovery is a discovery process in which you and the other parties get to ask each other questions under oath in an examiner’s office so that you may learn more (discover) the facts of the case. This examination process is vital because it allows you and the other side to obtain the relevant facts and documents and obtain information needed to assess the strengths and weaknesses of your case and of the defence. In many cases, the examination process assists the parties to take a real hard look at the facts of the case and helps promote settlement. Obtaining all of the relevant information and documents will help avoid surprises at trial if the matter ever reaches trial.
If your claim is not in the litigation phase, then you will not go to an examination for discovery. This process is formalized under the Rules of the Court called Rules of Civil Procedure and only happens if a court action has actually been commenced.
The “discovery” process involves many different phases but the main ones are as follows: Each party is required to disclose to the other parties all documents relevant to any matter in dispute in the court action that is or has been in their possession, control or power. This is done by exchanging what is called an affidavit of documents which lists all of the relevant documents. Either side can ask for copies of the listed documents and in practice, the parties exchange these documents.
The next phase is attending examinations for discovery which is where the parties sit down before an official examiner (in a boardroom rented by the parties) and they ask each other questions about the case under oath. The questions and answers are recorded and any party can ask for a transcript of the session.
The parties can also do other things to obtain relevant information such as an inspection of property, physical examinations by health care providers and assessments by psychologists if mental/psychological injuries are claimed. The discovery process occurs between the parties directly. The process does not make the parties file anything with the court unless an issue comes up that is disputed and the parties need a judge to decide on it.
Examinations or discovery is one of many phases of a court action and it is best handled by an experienced injury lawyer. Our Ottawa injury and accident lawyers can protect your rights and interests throughout each process of litigation. Contact us for a free consultation and we take cases on a no fee until you win basis.
Ottawa injury and accident lawyers Marc N. Quinn 613-315-4878 email@example.com