Notices of Examination Explained
Hi Everyone, it's Kristy from Clearly Legal.
"Did you serve the Notice of Examination?" - Let's chat about the Notice of Examination.
The notice is not just a calendar item. It is the formal document that tells the person being examined what to expect, where to attend, how the examination will happen, and what they need to have ready.
For a deponent, the notice sets the frame for preparation. For counsel and clerks, it is one of those procedural documents that looks simple until the details matter. Timing, service, capacity, requested documents, and examination order can all affect how smoothly the discovery unfolds.
What a Notice of Examination does
A Notice of Examination tells the person being discovered the essential details of the examination. At a basic level, it answers four practical questions.
When is the examination?
Where will it take place?
How will it proceed?
In what capacity is the person being examined?
Any time someone is examined, for any allowed reason within the Rules of Civil Procedure, they MUST be served with a Notice of Examination. Please remember to do an Affidavit of Service.
Rule 31.04(3) - First Service Benefits
Speaking of service, in a discovery setting, service order can affect examination order. The party who serves the Notice of Examination has, in theory, the right to examine first.
That can matter strategically and practically. Getting to ask your questions first can set a tone.
From a clerk’s perspective, this is why drafting, serving, and tracking notices is not a minor administrative task. The record of who served first, when service happened, and whether service was proper can make a real difference.
Rule 34.02(2) - Disagreeing with the Notice of Examination
If, for some reason, someone really disagrees with the contents of a Notice of Examination, that party has the right to bring a motion to explain why the party feels the details of the Notice of Examination, and the scheduling of the discoveries, are unsuitable. (I have never seen this kind of motion...and I've seen MANY).
How careful clerking supports the discovery process
Simply put, the Notice of Examination, all aspects of scheduling and serving, are procedural, and a good law clerk only needs to be the loop (or just running the whole thing) to draft and serve the Notice of Examination.
How Experience Makes a Difference
Having worked with Notices of Examination since 2003 on both sides of legal proceedings, I know how these tools can help you manage your case efficiently. Lawyers, if you want to learn how my clerking skills can save you time and money in your legal matters, contact me at kristy@clearlylegal.ca and we'll chat.
Disclaimer: This post provides general information about alternative service of legal documents from a law clerk. It is not legal advice. For advice specific to your situation, please consult a lawyer or active licensed paralegal
