Specific Techniques for Examinations for Discovery

• Author: John Hollander
• Pages: 7-8

specif‌ic techniques for examinations for discovery

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chapter one

Specif‌ic Techniques for

Examinations for Discovery

   dierences between examina-

tions for discovery and examinations at trial. In the dis-

covery process, counsel for the opposing party will have

all the objectives they will have at trial in addition to other

objectives. At trial, advocates want to buttress their own

case (defence) and damage that of their opponent (of-

fence) and this remains true at discovery. However, they

also want to learn as much as possible about the opposite

party’s case, and they want to nail down the story of the

opposite party so that nothing comes as a surprise at trial.

ey may want to oat trial balloons. At discovery, they

can test a theory, piece of evidence, or argument for pos-

sible later use.

is chapter of the handbook focuses on specic tac-

tics and issues that arise during oral examinations for dis-

covery. is is not a primer on how to conduct an oral

examination in general. e tactics discussed are those

that apply specically to discovery, and apply because dis-

covery diers from trial.

Much of what is discussed in the following chapters

relates equally to cross-examinations on adavits. Usu-