A plea for interrogatories

Article
Winter 2021
The Advocates' Journal
Jennifer Brevorka and David Postel

Canadian civil litigation is predicated on the ability of parties to obtain their opponents' evidence through discovery tactics such as demands for particulars, requests to inspect o admit, oral examination, and examination by written questions.

Lawyers considering discovery advocacy largely focus on oral examinations. And, yes, oral discoveries may be great for eliciting spontaneous answers or for developing a new line of questions from a surprising answer. But there exists an oft-ignored discovery workhorse - interrogatories - that are cost- and time-effective while yielding voluminous details about an opponent's claims or defences.

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