It can be tempting to misstate certain facts when answering the questions posed to you in an examination for discovery. A conveniently poor memory might seem like a good idea at the time. You might perhaps feel that forgetting about events can help your case. James Legh explains why this is not the case, and how critically important it is for us to relate all the facts honestly during the examination.
Honesty is the most important thing to remember when preparing for an Examination for Discovery.
It is important that you pay careful attention and listen to the question before you answer. Remember, you will be under oath. You are only responsible to relate the facts as you remember them, but you need to answer all of the questions that you do know.
A transcript will be recorded and may be used later for trial. Inaccuracies can be brought out by the opposition in order to damage your credibility.
Your honesty will help your case more than anything else.
Next week, James Legh will talk about some of the possible misunderstandings that might arise, and explain how to deal with them.