Examinations for Discovery #6 – Outlines Continued

Possible Witnesses & Exhibits

‘Discovery’ is the term used for the post-pleading phase of civil litigation. The opposing parties should ‘discover’ all they need to know about their opponents’ cases. And that means it is a search for evidence. I covered this subject way back in Scenes Techniques #3, but it’s applicable here in a different way.

When you break your analysis of a case into its component scenes, remember you need to prove – or disprove – the facts that make up the scene that either your opponent or you want to portray. In the Examination for Discovery, you put that analysis to work.

Your outline should start with the elements of case analysis. Break each element into the scenes you want to cover. Establish all the points you want to make using a combination of open, closed or leading questions (more on that subject in the next post).

Before you leave each scene, it’s time to secure the evidence. Yes, what the witness says in the examination is evidence. Even opinions and hearsay represent useful evidence, although they may not be admissible as such in a read-in at trial.

There is likely other evidence available to deal with the scene. Maybe it confirms what the witness just said. But maybe not. And maybe it will offer a new line of inquiry. The Examination for Discovery is an excellent opportunity to get the details of that other evidence and to ask this witness for testimony about the reliability and provenance of that other evidence. This is especially true where that evidence will come from your client or one of your witnesses.

Consider the three types of evidence described in Scenes #3. Your outline should cover these as you work your way through each scene.