So you’ve been served a notice of examination
If it’s your first time being examined for discovery in Moncton, you probably have some questions and Eunota Court Reporting is here to help you understand the process and decrease stress and anxiety about it.
What is a discovery anyway?
A discovery is simply a meeting to share information, uncover important evidence, and avoid surprises in court. The meeting will start by having you either sworn in or affirmed (depending on your religious beliefs) and then the examination will begin. Questions usually start with simple things like your name, your age, where you work, and then the lawyer will go into more detail about the case. This process helps lawyers shape their arguments for court. It is very important to bring any documentation relevant to the case with you to the meeting.
Do you need a lawyer?
This depends. If you are heavily involved in the case and already have a lawyer, then your lawyer should be present during the discovery just to ensure that you are in line with the arguments that they plan to make in court. It is important to be honest with both your lawyer and your opponent’s lawyer. If you are unsure, it is wise to contact a lawyer you trust for legal advice.
Who will be there?
Generally at discovery, there are three parties: the examining party, the party giving evidence (you), and the court reporter. The court reporter is not on anyone’s side – we are simply the neutral party to take a verbatim and unbiased record of what was said. Sometimes lawyers will have articling students with them as well ― these are students completing their law education.
Conclusions
Try not to stress about this meeting – lawyers are good people who are being paid to make a case for their clients. Their questions are not meant to be personal or intimidating, they are simply trying to figure out what happened and build a case for their client. If you are uncomfortable at any time, you are able to speak up and ask for a break. Most law firms will offer you water or coffee, but it’s smart to bring a bottle of water because a lot of talking can make your mouth dry. Also, check out our blog post on what to wear if you are unsure.