Discovery is the formal process by which the parties to a case in court exchange information about the case. This includes information about the witnesses and evidence to be presented at trial. Its purpose is to make the parties aware of the evidence which may be presented at trial.
Conclusion: Following discovery, the lawsuit needs a final conclusion. Most cases settle, with mediation being the most common means of reaching settlement. If settlement efforts fail, then the final outcome is determined by trial.
This Standard Document can be used to prepare a notice of examination for an examination for discovery, a cross-examination on an affidavit, or an examination in aid of execution in Ontario. It includes integrated drafting notes, important explanations, and drafting tips.
Discovery means you send the other side questions and requests for information or items (like documents) in writing. The other side must respond to your question or request in writing.
Examination for discovery is the out-of-court examination (questioning) under oath of the parties to an action (lawsuit). Every party to the dispute is entitled to examine every other adverse (opposing) party.
Discovery refers to the process of getting information from another party (a Plaintiff or a Defendant) before trial. Discovery is a legal tool each party can use to strengthen their case. Through discovery you may receive new information and documents. You may be able to use those documents as evidence at trial.
A discovery response is essentially a choice that you make after receiving a request for information. The question then becomes, Should you comply or not?
However, most personal injury cases settle before trial. Instead, they may offer the settlement well after the trial starts. This typically happens after discovery, but it may even happen after the jury reaches a verdict.
Discovery is a process by which the parties gather and exchange information that is important to the case. What is the Purpose of Discovery? The purpose of discovery is to provide parties the opportunity to gather evidence relevant to proving or defending the case.
The mediation phase directly follows after discovery in a personal injury case. It allows an opportunity for both parties to reach an agreement and settle. The plaintiff and defendant will both agree on who should be the mediator before this process begins.