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Discovery of records and examinations for discovery

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Reference no: EM133410757

Discovery Process

Part 1: Discovery of Records

One party (usually the Defendant) sends a Notice to Produce to the other party. It requires that the party disclose in an Affidavit of Records all papers/documents that may be relevant to the action. If not mentioned in the affidavit, the document cannot be used at trial.

Part 2 : Examinations for Discovery

Both parties, their lawyers, and a court reporter attend. Lawyers are given the opportunity to "cross- examine" the opposite party under oath. A transcript is recorded. Anything said in the transcript can be used against a party later at the trial. (ie. to attack credibility, highlight inconsistencies).

Reference no: EM133410757

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