Specific Techniques for Examinations for Discovery

AuthorJohn Hollander
specif‌ic techniques for examinations for discovery
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-

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