Examination for discovery is a pivotal part of the litigation process. During this examination, parties provide sworn testimony through questions and answers before a court reporter. The purpose is to uncover the details of the claim being made. The evidence gathered helps lawyers evaluate the case’s strengths and weaknesses and assess witness credibility.

Some cases settle before the examination for discovery, but those that don’t move to this critical stage of litigation.

Tips for Your Examination for Discovery

At Vaughan Personal Injury Lawyer, our attorneys will work closely with you to prepare for your discovery. Your preparation meeting will be tailored to your specific case, allowing you to practice being examined by a lawyer. Here are 10 general tips to help you excel as a witness during your Examination for Discovery:

1. Inform Yourself of the Relevant Facts Stay informed about your case and the pertinent facts. Refresh your memory about the accident details and the medical attention you’ve received. Answer questions honestly and directly. Too many “I don’t know” responses can undermine your credibility.
2. Tell the Truth You are under oath to tell the truth and must answer questions truthfully. Any inconsistencies in your story can damage your case. If you’re concerned about something potentially harmful to your case, discuss it with your lawyer beforehand. Honesty is crucial throughout your examination.
3. Your Evidence Will Be Used Against You The examination’s purpose is to collect your oral testimony. An audio recording and transcript will document the examination. Your testimony can be used against you at trial to challenge your credibility. Consistency is key; any deviations from your story can be detrimental.
4. Listen Carefully To answer honestly, you must understand the question. Listen to the entire question carefully before responding. Only answer what is asked. If you don’t understand the question, seek clarification before answering.
5. Do Not Guess Guessing can obscure case details or be used against you. If you don’t know an answer, simply say so. It’s acceptable to respond with “I don’t remember” if that’s the truth.
6. Think Before You Speak Think about the question before answering. This ensures you’ve fully understood it and can provide a concise, accurate response. Keep answers brief and to the point. If further explanation is needed, counsel will prompt you.
7. Avoid Absolutes Like “Always” and “Never” Exaggeration can be harmful. Words are taken literally during the examination, so avoid using absolutes like “never” or “always.” Be specific and avoid limiting yourself with definitive statements.
8. Verbal Answers Only Provide clear verbal answers. Non-verbal responses like nodding or shaking your head won’t be captured in the audio recording or transcript. Describe actions and pain verbally, without using gestures.
9. Stay Calm and Be Nice It’s normal to feel pressured during questioning, but stay calm. Your lawyer at Vaughan Personal Injury Lawyer will have prepared you and will be by your side throughout. First impressions matter; be honest, polite, and maintain eye contact.
10. Do Not Overthink The examination for discovery is just the beginning. Don’t overthink or try to anticipate opposing counsel’s direction. Avoid arguing your case; that’s your lawyer’s role. Trust that Vaughan Personal Injury Lawyer has your back, with over 30 years of experience.

What is the Examination for Discovery Process in Ontario?

Examination for Discovery allows both parties in a personal injury lawsuit to gather evidence and understand each other’s claims and defenses. Lawyers for both sides will question the opposing party, and everything is recorded in a verbatim transcript. This process is governed by the Rules of Civil Procedure.

Why Have Examination for Discovery?

Examination for Discovery benefits both parties by providing insights into the case. Lawyers can prepare detailed questions about the accident and injuries, and the recorded proceedings allow for thorough review. This process helps assess witness credibility and forces commitment to the facts. Consistent testimony is crucial for credibility.

Vaughan Personal Injury Lawyer Can Help You

At Vaughan Personal Injury Lawyer, we have renowned leaders in various medical fields, including experienced medical professors. Our impartial industry experts, qualified by Toronto Courts, will support you in your fight against well-resourced insurance providers. We’re here to guide you through the examination for discovery and help prove your case.