Preparing for an Examination for Discovery

Last Reviewed: April 2022 Reviewed by: JES Download

It is a good idea to prepare a script of the questions you wish to ask so you do not forget to ask any important questions. Typically, all discoveries begin with asking the person being examined to state their name, address, and occupation.

You normally have only one opportunity to conduct an examination for discovery so you need to make it count. This may be a good time to consult a lawyer. A lawyer can help you with the types of questions you can ask, the types of questions you might be asked, or what to do if you don’t know the answer or you think the answer is privileged. For help finding a lawyer see Family Law Guidebook - Free and Low-Cost Legal Help to Divorce in BC

Unlike Court, you cannot go watch examinations for discovery in preparation for yours. However, there are many videos available online showing what an examination for discovery is like. Of course, any single video may not be good, but watching a range of the videos should give you a good idea as to what a discovery will be like.


Getting a Transcript of the Examination for Discovery

When you have examined another party and have paid the required fees, the court reporter will provide you with an original transcript and as many copies (both electronic and paper) as you have ordered. If you decide to use all or any part of this transcript at trial, you will need to provide the court with the original, so you will want to put this away in a safe place and use a copy.

Transcripts are set out in a question and answer format, with each question and answer being numbered in chronological order. The transcripts also set out any questions that have been left outstanding (the undertakings). These questions are those where the person had to find out information or needed to look at documents to find out the answer. You will want to keep track of these questions and make sure they are answered later. This is true whether you are the person being examined or the person doing the discovery.

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