If a party wants to examine another party orally, that party must serve on the other party a notice to attend using Form 103(1). If the appellant wants to examine the Crown, the appellant needs to serve the notice to attend on the counsel handling the case for the Crown.
The notice to attend may require that the person to be examined bring to the examination and produce for inspection all documents and things relevant to any matter in issue in the proceeding that are in that person’s possession, control or power and that are not privileged.
The party conducting the examination for discovery is responsible for making the necessary arrangements to retain a verbatim reporter (also referred to as a “court reporter”). If both parties intend to examine one another, they have to agree on who to retain. Only one verbatim reporter is retained for the examinations for discovery and will record both examinations.
Last updated: October 4, 2015