Are you trying to learn about the discovery process in British Columbia? Have you finished pleadings, negotiation has failed, and now you are trying to set court dates?
Further, setting court dates can be a challenge because the person who is liable or at fault often wants to avoid court at all costs. They might know they will need to swear things under oath, and that they can get in trouble for lying in court.
There are many ways someone can delay going to court. If you have a small claims matter, the procedures are much more simple. The maximum amount for small claims matters varies depending on which province you live in. Also, the supreme trial court is much more strict than a small claims court.
If you are self-represented and you want to receive legal coaching, the lawyers offer to coach for only the number of hours you need it. If you are interested in self-represented coaching, contact us.
When you need help with the discovery process, the fastest way is to fill out the form on the side of this page. We will then have a lawyer call or email you to provide legal advice. Be as detailed as you can about your case.
A lot of the process is similar for lawsuits and family law. If you are going through the litigation process in BC, you should bookmark our blog page.
We release information and articles that will be helpful to you many times per week. Therefore, check the blog page every week to see if there is something you can use.
Represented litigants are people that have lawyers representing them. Self-represented people have no lawyers. Therefore, you are at a severe disadvantage. At the minimum, make sure you get legal coaching.
Things To Research For The Discovery Process In British Columbia
- rules of civil procedure
- requests for production of documents
- questions and answers
- opposing parties
- methods of discovery
- court reporter
- requests for admissions
Questions and answers for the discovery process in British Columbia
Normally the first step of discovery is to disclose all the documents that might be used in the court hearing. You should disclose as much as possible if it is relevant to what you are trying to argue. You will also need to describe what you are sending to the other side and then send all the evidence.
Then there will be a meeting where each side can ask the other side a series of questions. This can be done in person or by written questions. If it’s by written questions, it’s called interrogatories.
Documents can include pictures, text messages, emails, phone records. Further, they might contain AGM notes, recordings, and many other things.
If you need help with The Discovery Process, it’s time to contact us to get a free consultation with a lawyer.
Type Of Cases and Pro Bono Work
Rules of civil procedure are complicated but don’t expect to get legal aid or pro bono. Also, some people who are looking for pro bono for a business lawsuit might reach out to:
- The business law clinic at UVIC
- The law center at UVIC
- Pro Bono BC
- UBC Law Centre
All of them send referrals to each other. They are mostly interested in first nation matters, criminal law, and family law. They won’t help with business law.
Further, even the business law clinic doesn’t provide civil litigation legal advice. You need help with the discovery process in British Columbia. If you can’t get pro bono, try and borrow money for an attorney.
Counterclaims In British Columbia
Counterclaims can be effective in slowing down the court date. Most of the time the person being sued brings a counterclaim for a very weak reason.
But it’s effective because you don’t have to present evidence during pleadings. Most of the time there will be no indication that the defendants planned to sue the defendants by counterclaim until the defendants are sued themselves.
Therefore, the counterclaim is normally retaliation for the lawsuit.
An example we saw was that the defendants had 14 months to start preparing their evidence for disclosure.
In the pleading, both sides asked for documents and provided them. Both sides should have been ready for disclosure. One side refused to do disclosure, so it was necessary to start a motion in the courts to get a date for the disclosure.
The side that wants to go to court might only want five-ten days of court. This is because the shorter the amount of days in court, the easier it is for the supreme court to book.
Therefore, you can get court dates much faster. When one side asked for six weeks in court, it was an obvious delay tactic, as there was no way the defendants could afford a six-week trial. Also, the plaintiffs had countless pieces of evidence that the defendants were broke.
Discovery process in British Columbia and Interrogatories
This is a collection of written questions to be answered in writing to the other group. They can only be used with the court’s permission. Examination for discovery is a meeting where a group asks a series of questions to an opposing party. The Supreme Court of BC is very complicated, and many people want to hire a lawyer, but cannot afford it.
Further, our lawyers offer self-represented coaching, which means you can hire a lawyer for as many or as few hours as you need. They can explain things to you.
Terms Associated With The Discovery Process
The Discovery Process Disclaimer
Our articles are proving general information on general litigation in the Supreme Court Of BC. It’s not describing the rule.
You should speak to an expert (a lawyer) who will ask you questions about your case and provide legal advice. Non-lawyers can only provide legal information, but not legal advice. Speak to a law firm about the discovery process in British Columbia.
Author: Alistair Vigier is the CEO of ClearWay Law