Examination for Discovery

Frequently Asked Questions

  • What is an examination for discovery?

    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.

  • What happens if the person you want to examine for discovery lives outside of Manitoba?

    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.