If you are involved in a civil action, it is likely that at some point you will be a part of what is known as an Examination for Discovery. Also known as an examination of discovery, this process involves one person involved in a civil action orally interviewing another party. The examination takes place before the actual trial date is scheduled to begin, and offers several benefits to the examining party and sometimes the party being examined as well.
The purpose of the examination for discovery is to give the party conducting the examination the chance to prepare for trial. During the interview, the examining party will likely ask questions seeking to uncover information that leads to relevant facts. The examination for discovery will also help focus the methodology of the examiner for when the trial actually begins; it is a chance for the examiner not only to obtain information from the examined, but also to become familiar with the type of characteristics the examined exhibits under questioning.
One of the biggest benefits of an examination of discovery is that the procedure is often the generator of out of court settlements. In cases where all the cards are laid on the table, for example, one or both parties may realize that a trial is not likely to turn out in their favour. With this recognition, the party likely to lose the case may opt for the lesser expense of skipping a trial as well as settling out of court. In addition, the party likely to lose will also most likely avoid a stiffer penalty imposed by the courts.
In cases where an examination of discovery does not lead to an out of court settlement, the examiners will probably obtain admissions of one sort or another from the party being examined. It is also a chance for the examining party to size up an adversary; to determine what kind of evidence the party has in their favour, and exactly how relevant this evidence is and the impact it may have on the case.
Finally, it is important to note that the transcript of an examination of discovery in its entirety will in all probability be submitted as evidence in court. However, parts of the transcript may be submitted as evidence. Additionally, any contrast in the statements given by a witness between court and the examination may be pointed out in court.
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