What happens
The examining party asks relevant questions on the record. A transcript can later be used in ways allowed by the Rules, including for admissions and at trial.
The five-hour limit
Rule 9-2 sets a default aggregate limit of 5 hours for an adverse party’s examinations of a party, unless the person being examined consents to a longer period or the court orders otherwise.
Prepare around the issues
Review pleadings, Form F20 disclosure, key financial records and the facts actually in dispute. Over-preparing peripheral history can increase cost without improving the examination.
Undertakings and follow-up
Questions may identify documents or information that must be provided afterward. Track any undertakings carefully and answer within the relevant process.
Cost planning
Discovery time is billable legal work and often includes preparation, attendance, transcript costs and follow-up. Focus the examination on issues that could change settlement or trial preparation.