Discovery In A Civil Claim

Discovery is the pre-trial phase where both sides exchange information and evidence about the case. It’s when you and the other party reveal documents, answer questions, and gather facts before trial. Think of it as both sides showing their cards so there are no surprises at trial.

Discovery is often the longest and most expensive part of a lawsuit, but it’s essential for building your case and understanding the other side’s position.

Document Production: Each party must disclose all relevant documents, including contracts, emails, text messages, financial records, photographs, reports, or anything else related to the case. You create a list of documents you have and produce copies to the other side.

Examinations for Discovery: This is a question-and-answer session under oath. Lawyers question the other party (and sometimes key witnesses) about facts related to the case. Everything said is recorded and can be used at trial. This is typically the most important discovery step.

Written Interrogatories: Written questions that the other party must answer in writing under oath. 

Medical Examinations: In personal injury cases, the defendant can require you to be examined by their doctor to assess your injuries.

Step 1: Document Disclosure 

Within specific timeframes, each party prepares an Affidavit of Documents listing all relevant documents they have. Documents are categorized as those you’ll produce, those you object to producing (with reasons), and privileged documents (like lawyer-client communications).

You exchange these lists and provide copies of non-privileged documents.

Step 2: Examinations for Discovery

Each side gets to examine the other party orally. You attend with your lawyer at a court reporter’s office or lawyer’s office. The other side’s lawyer asks you questions under oath for hours (sometimes spread over multiple days). A court reporter records everything said.

Your lawyer prepares you beforehand and can object to improper questions, but you must answer most questions honestly and completely.

Step 3: Undertakings and Refusals 

During examination, if you can’t answer a question, you can “take it under advisement” and provide the answer later. If you refuse to answer certain questions, the other side can bring a motion to compel answers.

Step 4: Follow-Up 

After examinations, parties fulfill undertakings by providing promised information, request additional documents if gaps are discovered, and sometimes conduct re-examinations if significant new information emerges.

Eliminates Surprises: You know what evidence exists before trial. No shocking documents or testimony appear unexpectedly.

Assess Case Strength: Discovery reveals whether your case is strong or weak. Weak cases often settle rather than proceed to expensive trials.

Settlement Leverage: Understanding the other side’s evidence helps negotiate realistic settlements.

Trial Preparation: Discovery evidence forms the foundation of your trial strategy. You know what witnesses will say and what documents prove your case.

Be Organized: Gather all relevant documents early. Search emails, text messages, financial records—everything related to the dispute.

Be Honest: Never hide documents or lie during examinations. Dishonesty destroys credibility and can result in your case being dismissed.

Be Prepared: Your lawyer will prepare you for examination. Review documents beforehand, understand key facts and timelines, and practice answering questions.

Be Patient: Discovery takes time. It’s frustrating but necessary for building strong cases.

If you’re involved in a lawsuit, and need representation for discovery, contact us at 416.901.9984 or info@pintoshekib.ca.