Examination for Discovery

Examination for Discovery is a legal proceeding, also known as examination on discovery, which enables a party to a civil action to examine another person orally and before trial. This proceeding assists the examining party in preparing for trial by compelling the disclosure of relevant facts and by bringing to a focus the issues in dispute. Examination for discovery also serves as a means of obtaining admissions from an adverse party and of evaluating the evidence in his hands; finally, it may, as a side effect, open avenues for out-of-court settlements. The transcript of the examination does not generally form part of the evidence on which the court will decide the case, but at trial the examining party may introduce any part of the transcript into the record or may use the transcript to point to contradictions or variations between a witness's testimony in court and prior statements made by the same witness on discovery. See also LAW OF EVIDENCE.