Reading about litigation in the news, or watching a favourite legal drama might help you to develop a level of fluency when it comes to legal terminologies, but it can do little to prepare you for the actual experience of the litigation process.
In this video, James Legh of Victoria’s own: Stevenson, Luchies, and Legh, sheds real light on the process of litigation by talking about the Examination For Discovery.
The Examination For Discovery allows both sides to gather the facts of a case from the opposite point of view. In a case involving a motor vehicle accident, one driver would have the opportunity to ask questions about the other drivers speed, driving restrictions, sustained injuries, etc. These proceedings do not take place in open court, but the examinations are still performed under oath.
This sounds like a tough interview, but it is good to remember that your lawyer will always be present with you during an examination.
Additional details on the Examination For Discovery are soon to follow.