Conducting the Examination for Discovery Checklist

Summary

Counsel may wish to consider the following points when conducting an examination for discovery. It is also strongly recommended that counsel consult the applicable Notice to the Profession, Parties, Public and the Media in force at the time of the examination for discovery as the availability of in-person or virtual examinations have been impacted by the COVID-19 pandemic. As of April 19, 2022, all examinations for discovery are presumptively held in person, unless the parties consent to it being conducted virtually or unless the Court specifies a different mode of proceeding (Notice to the Profession, Parties, Public and the Media dated April 14, 2022). Accordingly, this checklist is prepared on the basis of an in-person examination, and modifications may be required to proceed in case of a virtual examination for discovery.