Examination for Discovery (E. for D.) is a procedure whereby each party is examined under oath before a Court Reporter by the opposing counsel. The Court Reporter transcribes the testimony. Usually present are the Court Reporter, the examining counsel, the person being examined and his/her counsel.

The Purpose of an E. for D. is, generally speaking, two fold:

  • To obtain helpful admissions; and
  • To find out what the other party’s story is

When being examined for discovery, remember the following principles:
Answer each question as accurately and truthfully as you can but to the point;

Listen carefully to the question you are asked;

Do not give the examiner information which they do not ask for;

You are entitled to explain an answer if the explanation will correct a misapprehension;

If you need to look at a document to answer a question accurately, ask for that document;

Answer the question in your own time;

Answer the question in your own words. Do not be pressed into answering a question yes or no if such an answer is inappropriate or misleading;

Do not guess;

Make sure you understand the question. Answer one question at a time;

Be warned about the problem of being asked to give your recollection of conversations or what you told people. It is not usually possible for anybody to remember a conversation precisely. Do not say “I don’t remember” when in fact you remember the gist but not the exact words of a conversation. You should explain that you cannot remember precisely what was said but then give the gist of the conversation;

If your counsel considers the question inappropriate your counsel will say “I object to that question”. If your counsel says to you “ I advise you not to answer that question”, answer the question by saying “I refuse to answer that question on the advice of my counsel”;

You should not worry about whether or not your answers are helping or hurting your case. Just answer the question accurately, truthfully and to the point;

It is wise to review the pleadings and to go through the pleadings with your counsel before hand;

Go through all the documents likely to be asked about on E. for D. with your counsel and discuss any troublesome matters arising in the documents; and
It is important that beforehand you go over the opponent’s documents as well as your own.