Discovery in Canadian Common Law: Practice, Techniques and Strategies + E-Book PDF
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“A practical text with valuable examples on how to prepare for and execute a discovery, Discovery in Canadian Common Law: Practice, Techniques and Strategies would be a welcome addition to any library collection. The book is easy to read and offers a plain language discussion relating to the purpose of discovery and techniques to achieve the best outcome from the discovery process. Librarians, novice, and even more experienced practitioners will appreciate this text; it is a must-have for any litigation practice collection.”
Reviewed by Laura Lemmens, BA BEd MLIS
Acting Head, Library and Open Information
Alberta Government Library – Capital Boulevard
See Review in Canadian Law Library Review 43:2
Employ the right techniques to obtain the information that will make, or break, the case.
Discovery is a central element of civil litigation in Canada. It's a mechanism to enable all parties to know the case that they have to meet, prepare for trial or resolve their disputes by an informed settlement. Discovery in Canadian Common Law: Practice, Techniques and Strategies covers the principles of discovery, ethical and practice issues, and techniques and tactics to be deployed.
- Authoritative guidance from experienced civil litigators – Clear, concise and time-saving advice from 3 experts on every step of the discovery process
- Covers all aspects and forms of discovery – A one-stop-shop for what you need
- Up-to-date discussion reflecting latest eDiscovery practices – Be on top of the latest technological tools used in discovery practices
- Covers all common law jurisdictions – One reference for multiple jurisdictions
17 chapters cover a wide-range of topics on this subject, including:
- The Importance of Discovery in Canada
- Scope of Discovery
- Limitations on Solicitor-Client Privilege
- Process of Documentary Discovery
- Discovery Plan
- Costs of Discovery
- Witness Preparation
- Scope of Questions on Written Interrogatories
- Jurisdiction to Order Inspection
- Right to an Examination
- E-discovery Tools and Processes
- Putting the Implied Undertaking Into Practice
- Evidentiary Basis for Use of Discovery
- Tips for Counsel Accompanying a Witness
- The Importance of Introductory Questions
- Principles for a Productive Discovery
At the end of discovery, counsel should be in an ideal position to assist in educating their clients about the probabilities of success or failure at trial.
Who Needs The Book?
- Civil Litigators and law clerks – Every civil litigator needs to do effective discoveries in order to prepare for trial or settlement discussion or negotiations
- Judges – To oversee and determine the appropriateness of the conduct of the discovery process
Table of contents
Chapter 1: Introduction – Principles for a Productive Discovery
Chapter 2: History, Purpose, and Scope of Discovery
Chapter 3: Privilege and Discovery
Chapter 4: Documentary Production
Chapter 5: Discovery Plan
Chapter 6: Examination for Discovery
Chapter 7: Preparing and Examining Witnesses
Chapter 8: Written Interrogatories
Chapter 9: Discovery from Non-Parties
Chapter 10: Inspection of Property
Chapter 11: Medical Examination of the Parties
Chapter 12: E-Discovery
Chapter 13: Confidentiality
Chapter 14: Use of Discovery at Trial
Chapter 15: Examination Practice Tips
Chapter 16: Discovery in Practice
Chapter 17: Summary of Critical Principles
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