The first step in preparing for an examination for discovery is to review in detail the pleadings and the documents mentioned in the lists of documents.
If a person is attending the examination as a nominee, he should know enough about the case to be able to put the questions in perspective, within the context of the case, and provide a clear answer. Further, he should make sure not to contradict himself or the pleadings.
If a person is attending the examination as an examiner, he should have a thorough understanding of the case and a map of how he intends to carry on the examination. How to lead an examination is a matter of preference. Some lawyers like to proceed from a list of questions. Others don’t have a set list of questions prepared, but have key “themes” that they want to address. For self-represented appellants, it may be preferable to have a list of questions ready.
Last updated: October 4, 2015