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Mar 5, 2021 · Discovery’s main role in a civil action is to allow the opposing party to know the case they are expected to meet and to prevent surprises at trial. To highlight the importance of full disclosure, the Rules of Civil Procedure generally do not permit a party to rely on evidence/information from documents which was not disclosed during Discovery.
Any read-in of the examination for discovery evidence must be done as part of the party's evidence in chief at trial (i.e. the part of the trial where the party presents its own case). (2) It can be used for impeach ment as part of the cross-examination of the opposing party at trial (see Rule 31.11 (2)).
Sep 30, 2020 · The term was changed to “questioning” when our province updated our civil procedure rules. Who gets questioned and what happens? A party to a lawsuit and their lawyer will attend questioning. If you are being questioned, you are not allowed to discuss any of your answers with your lawyer while you are under oath, even while you are on a break.
No, even though the evidence could be bad for the contractor’s case the obligation under the Rules is still to provide that piece of evidence. Similarly, if you have any piece of evidence that is relevant but it is not favorable to your case, you are still required to provide that piece of evidence.
The documentary discovery rule directs what must be disclosed and produced, the form and process for that disclosure, and the possible reasons for non-disclosure. Documents are widely defined and include papers, emails, videos, pictures, social media posts, etc. (30.01(a)).
In a civil case, the person submitting the evidence (providing the evidence to the court) must prove that it is true “on a balance of probabilities.” This means that it is “more likely than not.”
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In civil cases, whoever has the burden of proof needs to bring enough evidence to show the court that they have proven their case on a balance of probabilities. Usually, the person who brings the case before the court will have to discharge the burden of proof.
