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.
The nominee should know enough about the case to be able to put the questions asked 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.
The examiner should have a thorough understanding of the case and a map of how he intends to proceed. 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.
Last updated: October 4, 2018