The scope of the examination for discovery is broad and, generally, a person examined for discovery must answer, to the best of his knowledge, information and belief, any proper question relevant to any matter in issue in the proceeding.
The following questions are allowed:
- Questions intended to obtain disclosure of the names and addresses of persons who might reasonably be expected to have knowledge of transactions or occurrences in issue in the proceeding, unless the Court orders otherwise.
- Questions intended to uncover documents that relate to a matter in issue in the proceeding. If the document is in the possession, control or power of the nominee, the examiner can ask that the document be produced for inspection, if not privileged. If the nominee brought the document with him at the examination, the examiner can ask to see the document right away. Otherwise, the nominee has 10 days to provide the document, unless the Court orders otherwise.
A party cannot object to a question on the ground that:
- the information sought is evidence or hearsay;
- the question constitutes cross-examination, unless the question is directed solely to the credibility of the witness; or
- the question constitutes cross-examination on the affidavit of documents of the party being examined.
Last updated: October 4, 2015