DCHP-3

examination for discovery

DCHP-2 (Sep 2012)
n. — expression, Law

a pretrial meeting that reveals the evidence to be presented in court.

Type: 1. Origin — This is an official procedure in Canadian law, and as such its use is most prevalent in Canada (see Chart 1). See also Canadian Encyclopedia reference.
See also COD-2, s.v. "examination for discovery", which is marked "Cdn Law", Gage-1, s.v. "examination" (4), which is marked "Law", ITP Nelson, s.v. "examination for discovery", which is marked "Law".

Quotations

1888
Kilmer, for she the plaintiff, moved for refusal to answer questions on his examination for discovery in an action of libel, the questions relating to the authorship of a letter, which is the alleged libel.
1900
If this principle is to be carried out, there is no reason why it should not apply to an investigation which takes place when a candidate has been cited before the court to hold what is called an examination for discovery.
1914
G.H. Scott, who has started an action against Richard Baird for $10,000 for the alleged alienation of his wife's affections, underwent an examination for discovery to-day.
1940
Judgement: ". . . an order will, therefore, go that the plaintiff do attend for examination for discovery before a special examiner in Toronto. [...]"
1957
Mr. Justice H.H. McInnes of the British Columbia Supreme Court will rule today on an application to fix a date for examination in discovery in the slander suit of Robert E. Sommers, former forests minister, against David Study, Vancouver lawyer.
1977
Quoting from testimony given during examination for discovery, a pre-trial procedure that began in July, Mr. Shumiatcher alleged that Mr. Collver never had in fact turned the Swiss account over to his daughter, the stated reason for opening it in the first place.
1996
She told the court Beresh could access the necessary documents once their relevance had been established during the examination for discovery.
2000
On Thursday, defence lawyer Larry Anderson quoted from notes made by Snider during an April 1999 examination for discovery that was part of the lawsuit.
2008
The examination for discovery, for example, was held in May, with Menon being questioned for two days, but examination of the defendants ended up being adjourned the same day the assessment became public, he said.
2015
Singleton did not testify at the trial but some of her examination for discovery evidence was read into the record.

References

Images

Chart 1: Internet Domain Search, 1 Aug. 2012

Chart 1: Internet Domain Search, 1 Aug. 2012