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The following is no substitute for advice provided by a lawyer specifically for you. It is intended only to help you understand that advice. No responsibility is taken for any problems arising except due to paid legal advice.

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Tips for Handling

Examinations for Discovery


Use of Examinations for Discovery

Since 2005, we focus on Real Estate, Wills and Estates, and Small Business. We have left this web page in place as a public service.

The purpose of Examinations for Discovery is to enable each side to learn the case against them, and to narrow the issues. Each party may be cross examined by the lawyer for the opposing party. Any relevant question as to a fact must be answered. There is no obligation to answer questions as to evidence.

Answers helpful to the opposing party may be entered by them at the trial as "admissions", which are a form of evidence like "confessions". Answers not helpful to the opposing party but inconsistent with the answerer's testimony at trial may be used in cross examination, in which case they are not evidence of anything but the answerer's lack of credibility.

Since there is a duty to answer all relevant questions, if the answer is not known, an 'undertaking' must be given to provide the answer or document.

It is vital to realize that the answerer can never use his/her own answers to help him/her in any way.

Handling Examinations for Discovery

It is actually easy to handle cross examination by the opposing lawyer in an Examinations for Discovery. The essential rule is to answer the questions directly and truthfully. Specifically however, there are a number of useful tips.

The standard areas to attack a witness include:

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Office Kevin Jaques, B.A., LL.B.
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