Authors: Sharon W. Au and Nadya Shaben

Through discovery, the parties can assess the strengths and weaknesses of each other’s cases and avoid surprises at trial. The discovery process can also facilitate resolution outside of court. This paper explores relevant Rules of Court and case law and considers evidence that is frequently disclosed and evidence that may be privileged. It also addresses the timing of filing and serving Affidavits of Record. In addition, the paper provides an overview of questioning and how legal support staff can assist in preparing for questioning, ordering and using transcripts, and dealing with undertakings that arise in questioning.

This paper is part of a collection presented at LESA’s Civil Procedure for Legal Support Staff program in Edmonton on November 22, 2024.