Examination for Discovery

You can use the Form 35B Answers on Interrogatories: https://web2.gov.mb.ca/laws/rules/form_2e.php?form=35B

An examination for discovery is a meeting, usually held before an official examiner. You can ask the other party questions about your case. You may only examine a person once, unless you get leave (permission) from the court. You must serve the party with a Notice of Examination form to compel them to attend the discovery. The Notice of Examination can be served on the party’s lawyer, or the party, if they are acting in person. You must also serve an Affidavit of Documents, unless the parties otherwise agree. The person who files the Notice of Examination gets to examine the other party first before being examined.

In addition to an oral examination as part of an examination for discovery, you may also proceed by interrogatories. Interrogatories can also take the place of an oral examination.

Next Steps:

Notice of Examination (Form 34A):  https://web2.gov.mb.ca/laws/rules/form_2e.php?form=34A

Interrogatories (Form 35A): https://web2.gov.mb.ca/laws/rules/form_2e.php?form=35A

You will have to subpoena a witness outside of Manitoba and pay them an attendance fee. The fees are set out in The Interprovincial Subpoena Act, which you can read here: http://web2.gov.mb.ca/laws/statutes/ccsm/s212e.php.