Chapter 1 discovery

Question 1

An examination for discovery:

1. usually takes place before the notice of civil claim is filed so that a person can ascertain whether a cause of action exists.
2. may be a major factor in the settlement of a dispute.
3. takes place before a judge, with all parties giving evidence under oath.
4. is the process under which each party is required to provide all relevant documents to the other party.

Answer 1

Correct Answer: 2

Answer 4 is incorrect because an examination for discovery is different from a discovery of documents. Discovery of documents is the process under which each party is required to provide all relevant documents to the other party. Examination for discovery is a “mini-trial” that takes place between the parties to the dispute and their lawyers. Each party can examine the opposite party under oath, and the evidence is recorded by a court reporter.

Question 2

During which one of the stages of the trial process does the plaintiff (or their counsel) examine the opposing party under oath?

1.Pleadings
2.Discovery
3.Judgment
4.Execution

Answer 2

Correct Answer: 2

In discovery, more specifically, examination for discovery, each party is examined under oath by the opposing party (or their counsel).