Examination for discovery can make or break an accident victim’s case, so this article is an important read if you have an upcoming examination for discovery in a personal injury case.
What is an examination for discovery? In the United States, they’re referred to as “depositions“. Here they’re referred to as “discoveries”.
Basically, you and your lawyer are asked questions from the opposing lawyer. The questioning takes place at a Court Reporter’s offices, which is essentially a board room. The Court Reporter records everything that’s said during the discovery and makes a record of it. Everything that’s said during the discovery, while on the record, is on the record and will be used against you at trial. If your testimony at trial doesn’t jive with your testimony at trial, the opposing lawyer will try to paint you out to the Court as an unreliable source of information whose testimony cannot be relied upon. What you say at discovery will be held against you. Your words matter, so be mindful of what you say.
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