Examination for discovery

An examination for discovery is a pre-trial procedure in civil litigation in which a party (usually through counsel) questions an opposing party under oath or affirmation, outside court, with the questions and answers transcribed. It follows documentary discovery, in which parties exchange relevant documents, and its scope generally covers any matter relevant to the issues raised in the pleadings.

Discovery serves several purposes: learning the other side's case, obtaining admissions, pinning down the evidence a witness will give, and enabling informed settlement. Answers given on discovery can be read into evidence at trial against the examined party, and a witness who testifies differently at trial can be impeached with the transcript. Procedures, time limits, and terminology vary by province (Quebec civil procedure uses examinations under its own code), so the governing rules of court should always be consulted.