The Discovery Process

The discovery process is the way you (and the that could be used by any party at trial to prove or
other party) discover the other side’s view of what disprove a material fact. This means that you must
happened in the case. This process is like a roadmap describe the documents that you have to the other
allowing you to see the other side’s version of when party, and make them available for the other party to
and where things happened. Discovery is a very examine.
important process because it allows you to collect
the information necessary to assess the strengths Examination for discovery: This is a meeting
and weaknesses of both your case and the case of the where one party asks an opposing party a series of
opposing party. It also shows you where you and the questions.
other party agree and disagree.
Interrogatories: This is a series of written questions
This guidebook provides only a general overview of provided to the other party to be answered in writing.
the rules that apply if you are involved in a case that They may only be used with leave (permission) of the
was commenced by a notice of civil claim (called court.
an “action”). Note that the discovery process is
not available in claims started by a petition. Also, Pre-trial examination of witnesses: This process
note that different discovery rules apply if you are may be used if there is a person who has material
proceeding by fast track litigation (see the guidebook, evidence relating to the case and who is not a
Fast Track Litigation). party to the action. It may only be used with leave
(permission) of the court.
Steps in the Discovery Process Notices to admit: Notices to admit allow you to ask
the other party to admit the truth of certain facts.
There are several possible steps in the discovery
process, although it may not be necessary for you to
You may want to consult a lawyer before beginning
take all of these steps in your case. Each of these steps
the discovery process. A lawyer can give you
is described more fully below.
important information and advice about how to find
out what you need to know about the other party’s
Discovery of documents: You must disclose to the
case, as well as how much information you must
other parties in the proceeding all of the documents
disclose to the other parties in your proceeding.

This Guidebook provides general information about civil, non-family claims in the Supreme Court of
BC. It does not explain the law. Legal advice must come from a lawyer, who can tell you why you
should do something in your lawsuit or whether you should take certain actions. Anyone else, such as
court registry staff, non-lawyer advocates, other helpers, and this guidebook can only give you legal
information about how to do something, such as following certain court procedures.

Standards are in effect for the filing of all Supreme Court civil and Supreme Court family documents,
except divorce and probate. When you submit your completed documents, registry staff will check to
make sure they meet the minimum standards before accepting them for filing. It is your responsibility
to include all other information required by the court and ensure it is correct.

For information about how to get help with your case, see the last page of this document.

Guidebooks for Representing Yourself in Supreme Court Civil Matters The Discovery Process • 1
The discovery process is different for fast track prior to the sale is probably relevant to the case.
litigation under Rule 15-1. If your action is subject As the photo could be used to prove or disprove a
to Rule 15-1 you should read the rule carefully and material fact (the condition of the boat) it must be
refer to the guidebook, Fast Track Litigation. disclosed. By contrast, a contract with the same
person for the sale of a different boat three years
earlier could probably not be used to prove or
Discovery of Documents disprove any facts material to the present dispute
and therefore would not have to be listed.
Rule 7-1 sets out the requirements for discovery and
inspection of documents. It allows you to get access
to the documents of the other party that are relevant Preparing a list of documents
to your case and requires you to allow the other Once you have decided which documents need
parties to see your relevant documents. to be disclosed, you must list the documents on
Form 22. The list must then be served on all other
parties within 35 days after the end of the pleading
What is a document?
period (i.e., when the notice of claim, response,
Rule 1-1 sets out the definition of “document.” The
counterclaim, reply, and any amendments are
definition is quite broad, and includes photographs,
completed). The Form 22 list of documents has
films, sound recordings, any record of a permanent
three parts:
or semi-permanent character, or any information
recorded or stored by any means of any device. So
Part 1: Includes all documents that are or have been
when you’re looking for documents, make sure you
in your possession or control and that could be used
think of disks, tapes, and computer files, as well as
by any party at trial to prove or disprove a material
photographs and films.
fact. For example:
Which documents must be disclosed? 1.1
To begin the discovery of documents process, you
15 September 2008, contract of employment
must prepare a list of documents in Form 22 that:
between XYZ Company and John Brown. (Then
check the box if the document is no longer in your
• lists all documents (with a brief description of
possession or control.)
each) that are or have been in your possession
or control that could, if available, be used at
Part 2: Includes all other documents (if any) that
trial to prove or disprove a material fact; and
you intend to refer to at trial. For example, these
• all other documents which you intend to refer
may be documents that you know exist but that were
to at trial.
never in your possession or control.
A material fact is something that is directly relevant
Part 3: Some of your documents may be “privileged”
to your case. For example, if the dispute is about a
and that means that the other party is not entitled
broken contract for the sale of a boat, the sale price
to see them. For example, communications between
is a fact that is relevant to the case. The sale price is
a lawyer and his or her client are privileged. If you
therefore a “material fact.” Because the contract could
consulted with a lawyer about your case and received
be used to prove the sale price (and probably many
a letter from the lawyer that gave you some advice
other material facts) the contract must be disclosed
about the case, the letter would be a privileged
in your list of documents.
document and you would not be required to give a
copy of it to the other party.
For example, let’s say you find a photo of the boat
before the sale took place. The condition of the boat

2 • The Discovery Process Guidebooks for Representing Yourself in Supreme Court Civil Matters
Other privileged documents are those created for Copies of documents can be made upon payment to
the main purpose of helping you prepare to take the other party, in advance, of photocopying fees (see
your case to court. For example, if you met with a Rule 7-1(16)).
mechanical engineer to get some advice about an
aspect of your case and took notes of your meeting, If your list of documents is not complete
you could claim that the notes were privileged. If you later discover that your list is not accurate or
complete, or come into possession of a document
You may want to talk with a lawyer about the law that should have been on your list, you must
relating to privileged documents, as it might be promptly serve an amended list on the other parties
difficult for you to determine which documents (see Rule 7-1(9)). And, if you think that certain
are privileged. You may harm your case if you documents should have been listed on the other
provide copies of privileged documents to the other party’s list of documents, you can make a demand, in
side. You must, however, disclose the existence of writing, that they prepare and serve a supplementary
documents for which you claim there is a privilege, list, and make those documents available for
by listing them in part 3 of Form 22. If you have inspection (see Rule 7-1(10)). If the party fails to
documents that you claim are privileged, you must comply with the demand within 35, days, you can
describe the nature of the document and the basis apply to court for an order that the party comply
for making a claim of privilege. For example: with the demand.

3.1 Requesting a wider scope of documents

16 March 2007, letter from a lawyer, Jane Green, If you are aware of any documents that the above
advice on damages in my claim for wrongful noted rules do not require to be disclosed, but you
dismissal. (Then state the grounds on which you are have a reason to inspect those documents, Rule
claiming privilege, e.g., solicitor/client privilege.) 7-1(11) allows you to request that the documents
be disclosed. You must be able to describe the
The nature of the privileged documents must be documents with reasonable specificity. An example
described in a way that, without revealing the might be a document that could not be used to prove
privileged information, will enable the other parties or disprove a material fact, but that might lead you to
to assess the validity of your claim for privilege. additional documents or evidence that could be used
to prove or disprove a material fact.
Examining the documents
Form 22 requires you to set out the location and Use of documents
time that the documents you have listed (other than All the parties to a lawsuit have a very serious
the privileged documents) can be inspected. obligation to use the documents that are produced
through the discovery process (including copies of
Put all the documents (except any privileged records, transcripts of examinations for discovery,
documents) in a convenient file or three- ring and answers to interrogatories) only for the proper
binder and keep them available. The other parties purposes of the proceeding. There are only two
are entitled to come and look at the documents exceptions to this:
and can ask you to have copies of all or certain
documents made for them. You are entitled to do • Where a party has obtained permission from
the same. When you go to review the other party’s the court to use the document for a different
documents, make a list of any documents you think purpose; and
are important to your case and get copies made for
your files.

Guidebooks for Representing Yourself in Supreme Court Civil Matters The Discovery Process • 3
 • Where the owner of the document has Unless the court orders, or the parties agree,
consented to the document being used for examinations for discovery are limited to 7 hours
another purpose. per party conducting the examination. So, for
example, if there is 1 plaintiff and 2 defendants,
This obligation is to the court, and if you fail to each defendant may examine the plaintiff for up to 7
meet it (for example, by circulating documents to hours, resulting in the plaintiff being subjected to up
people outside the case or by using documents from to 14 hours of discovery.
a particular proceeding for a different case) you can
be held in contempt of court, which has serious Note: for fast track litigation under Rule 15-1,
consequences. examinations for discovery are limited to a total of
2 hours by all parties conducting the examination.
Legal advice (See Rule 15-1(11)). So, in a fast track case, if there
The law relating to the disclosure of documents can is one plaintiff, he or she may only be subjected to a
be complicated. For that reason, you may wish to total of up to 2 hours of discovery, regardless of the
consult a lawyer to make sure that you are disclosing number of defendants.
all the documents you should disclose and you are
not disclosing documents you should not. These two processes – examinations for discovery
and document discovery – are very important to
preparing your case. They go hand in hand. Once
Examinations for Discovery you have documents, you can review them and
determine what questions still need to be answered
An examination for discovery is an oral examination
by the other party at an examination for discovery.
on oath. It is another tool you can use along with
And, when you have finished an examination
document discovery to learn about the other side’s
for discovery, you might want to request further
version of the facts. Rule 7-2 sets out the procedure
documents.
for examinations for discovery.

An examination for discovery is a meeting where one

Arranging the examinations for discovery
You arrange an examination for discovery using an
party asks an opposing party questions about the
Appointment to Examine for Discovery (Form 23).
issues in the dispute. For example, in a case arising
There are several things to consider when booking an
from a motor vehicle accident, the driver of one car
examination for discovery:
may want to ask the other party questions about how
fast they were driving, whether they wear glasses, the
• Who do you want to examine? If there is a
injuries suffered as a result of the accident, etc.
single plaintiff or defendant, that is who you
will want to examine. If the defendant or
Examinations for discovery are part of the litigation
plaintiff is a company, you want to examine the
process, but they do not take place in open court,
person who knows the most about the matters
and no judges or court officials are present. The
in question.
examination takes place in the presence of a court
reporter who records each question and its answer,
and then provides a transcript (a written record)
of the examination. The party answering questions
must take an oath or give a solemn affirmation
that they will tell the truth. The transcript of the
examination for discovery, or portions of it, may be
used at trial.

4 • The Discovery Process Guidebooks for Representing Yourself in Supreme Court Civil Matters
 • When do you want to examine this person? What questions can you ask?
You need to make sure that you are available, Questions on examinations for discovery can be
that the person you want to examine is quite broad and can be asked about anything that is
available (and their lawyer, if they have one), related to your case. In some cases, the person being
and that you have booked a court reporter to examined cannot answer a question right away and
prepare the transcript. You must serve Form 23 you might need to ask him or her to find out the
at least 7 days before the date selected for the answer after the examination and send it to you by
examination. It makes good sense to wait until letter.
all the pleadings have been filed by both parties
before scheduling an examination for discovery. The person being examined for discovery must
That way you will know exactly which issues answer any question within his or her knowledge
are in dispute. (or that is possible for them to find out), regarding
any matter that is not privileged, and relating to any
• What do you want to ask? You might want to matter in question in the action. You can also ask the
get advice from a lawyer to make sure you are person being examined the names and addresses of
asking questions of the other party that are other people who might have information relevant to
both appropriate and admissible in court if the the proceeding.
case proceeds to trial.
The party being examined may refuse to answer
• What documents do you want to use in your a question. These are called objections. If the
discovery? You can bring listed documents party asking the question does not believe that an
(either yours or theirs) to the discovery and ask objection is appropriate, he or she may schedule a
questions about these documents. chambers application after the examination to ask a
judge to direct the person to answer the question.
• What court reporter will you use? There are
many court reporters and most of them will
Preparing for an examination for discovery
provide a boardroom that you can use for
It is a good idea to prepare a script of the questions
your discovery. Make sure you book the court
you wish to ask so you do not forget to ask any
reporter as early as possible as they are busy
important questions. Typically, all discoveries begin
and their boardrooms are often booked up.
with asking the person being examined to state their
You can find court reporting services listed in
name, address, and occupation.
your telephone directory.
You normally have only one opportunity to conduct
Do you have to pay anyone? an examination for discovery so you need to make it
When you examine a person for discovery, you are count. This may be a good time to consult a lawyer.
required to pay them a witness fee. Schedule 3 of A lawyer can help you with the types of questions
Appendix C to the Rules of Court sets out the fees you can ask, the types of questions you might be
payable to witnesses. Make sure that you know how asked, or what to do if you don’t know the answer or
much it will cost you to examine the witness before you think the answer is privileged.
you go ahead with the discovery. If the witness lives
out of town, you will have to pay for their travel
expenses, a per diem (per day) rate for meals, and a
hotel if they have to stay overnight. Ask a lawyer for
advice about this if you are concerned about the cost
of examining your witness.

Guidebooks for Representing Yourself in Supreme Court Civil Matters The Discovery Process • 5
Getting a transcript of the examination for length, or what topics they are allowed to cover.
discovery Interrogatories may be useful in cases where,
When you have examined another party and have for example, you need specific, precise, factual
paid the required fees, the court reporter will provide information, such as:
you with an original transcript and as many copies
(both electronic and paper) as you have ordered. If • numbers;
you decide to use all or any part of this transcript • data;
at trial, you will need to provide the court with the • bank accounts;
original, so you will want to put this away in a safe • inventory;
place and use a copy. • contents of a house;
• customers of a particular company; or
Transcripts are set out in a question and answer • other technical information.
format, with each question and answer being
numbered in chronological order. The transcripts Deciding whether or not it is worth the effort to file
also set out any questions that have been left an application to allow the use of interrogatories may
outstanding (the undertakings). These questions be something to discuss with a lawyer.
are those where the person had to find out
information or needed to look at documents to When you receive the answers to your
find out the answer. You will want to keep track of interrogatories, make sure they gave you the answers
these questions and make sure they are answered you require, or provided you with a reasonable
later. This is true whether you are the person being explanation as to why they did not answer your
examined or the person doing the discovery. questions. Rule 7-3(6) sets out some reasons why
interrogatory questions do not need to be answered.
These are called objections and must also be
Interrogatories included in the affidavit that is required in response
to the interrogatories within 21 days after delivery.
The requirements for interrogatories are set out in
Rule 7-3. They are only allowed by consent or with If interrogatories are delivered to you, you do not
leave (permission) of the court. If you believe that need to respond to them unless you agreed to
interrogatories are necessary, you can ask for leave respond or the court has granted the other party
by filing an application under Part 8 of the rules. leave to issue interrogatories. If the court has
Interrogatories must be prepared by using Form 24. granted leave, make sure that you respond to the
interrogatories within 21 days. Because you have to
If the court grants leave or the party consents, answer interrogatories by affidavit, you need to see a
you can deliver interrogatories to any party in the lawyer or a notary to swear your affidavit.
action and they must be replied to within 21 days of
delivery. Answers to interrogatories are delivered in
the form of an affidavit, so the party answering the Pre-trial Examination of Witnesses
questions swears to the truth of the answers. If there
are more than two parties in your case but you wish Pre-trial examination of witnesses is dealt with in
only to send interrogatories to one party, you are Rule 7-5. In order to examine a witness under Rule
required to send a copy of the interrogatories to all 7-5, you must first get an order from the court (see
other parties for their information. Rule 8-1 and the guidebook, Applications to Court
for information on how to do this).
The court, in granting leave, may set conditions
on the interrogatories, such as the number and

6 • The Discovery Process Guidebooks for Representing Yourself in Supreme Court Civil Matters
You can use this process when you need information the one that both parties signed.
from someone who is not a party to the proceeding
and you cannot get this information any other way. Notices to admit can be delivered to any other party
This would also apply when the witness will not in the proceeding. They are dealt with in Rule 7-7
respond to your letters or telephone calls, so you and Form 26. A copy of Form 26 is attached to this
need to compel him or her to answer your questions. guidebook. Parties have 14 days to respond to a
notice to admit.
You must conduct an examination for discovery, not
a pre-trial examination of a witness, if a person is: Like a list of documents, set out each fact and
document in separately numbered paragraphs.
• a party to the proceeding; This makes it easier to respond to the notice to
• an officer or director of a party to the admit. The other party can answer each question
proceeding; or by setting down the number of the question and
• a partner of a party to the action. then stating one of these two answers: admitted or
denied. If the answer is admitted, that single word is
If a person refuses to answer your questions, you all that is required. If the answer is denied, you need
must apply in chambers to get the court to order the to set out the reason why it is denied. There is no
person to attend at an examination. If you get an official form for a response to a notice to admit, but
order from the court to examine the witness, you will you can simply take the form of the notice to admit
need to prepare and serve a subpoena in Form 25. and include the one-word response in that form.

This procedure is rarely used and if you think it is Notices to admit are a very good tool to help you
going to be necessary in your case, you will prepare for trial. A well-drafted notice to admit
want to consult a lawyer to make sure that there is makes preparing for trial much easier, so you
no other way to get the information you require and may want to consult with a lawyer once you have
that the cost and time required to make a chambers prepared your notice to admit, to make sure that it is
application is going to be worth it. in good form and will get the results you want.

There is a very important time limit in Rule 7-7(1).

Notice to Admit If you do not reply to a notice to admit within
14 days, you are deemed to have admitted the facts
A notice to admit can help to expedite your case,
contained in the notice to admit. Those facts may
shorten your trial, and cut down on the expense
be very important and it is difficult to withdraw an
of the litigation because they allow both parties
admission, even a deemed one, once it is made.
to admit to certain facts and documents. In other
words, the admitted facts and documents are no
If a party denies a fact and the court later finds that
longer in issue in the proceeding.
the refusal to admit was unreasonable, the court may
order the party to pay the costs of proving the truth
The practical part of a notice to admit is
of the fact (see Rule 7-7(4)).
straightforward. You set out facts and attach
documents and ask the other party to admit the
truth of the facts and the authenticity of the
documents. The person receiving the notice to admit
can either admit or deny the facts or documents. For
example, if a term of the contract is in dispute, you
can ask the other party to admit that the contract is

Guidebooks for Representing Yourself in Supreme Court Civil Matters The Discovery Process • 7
Get Help With Your Case
Before you start your claim, you should think about resolving your case without going to court (see the
guidebook, Alternatives to Going to Court). If you do not have a lawyer, you will have to learn about the court
system, the law that relates to your case, what you and the other side need to prove, and the possible legal
arguments for your case. You will also need to know about the court rules and the court forms that must be
used when you bring a dispute to court.
Legal Information Online Legal advice
All Guidebooks for Representing Yourself in BC You may be eligible for free (pro bono) legal advice.
Supreme Court Civil Matters, along with additional Access ProBono Society of BC’s website gives
information, videos and resources for Supreme you information about the legal assistance that is
Court family and civil cases are available on the available to you: www.AccessProBono.ca.
Justice Education Society website:
www.SupremeCourtBC.ca. Legislation
BC Legislation (statutes), regulations, and Rules of
Clicklaw gives you information about many areas Court can be found at: www.BCLaws.ca.
of law and free services to help you solve your legal
problems: www.Clicklaw.bc.ca. Court rules and forms
Supreme Court forms can be completed in 3 ways:
The Supreme Court of BC’s website has information 1. Completed online and filed at:
for people who are representing themselves in court: www.CourtServicesOnline.gov.bc.ca
www.Courts.gov.bc.ca/supreme_court/self- 2. Completed online, printed and filed at the registry
represented_litigants/ 3. Printed, completed manually and filed at the
registry
Legal information services Court forms that can be completed online are
The Vancouver Justice Access Centre’s, Self-help available at: www.ag.gov.bc.ca/courts/other/
and Information Services includes legal information, supreme/2010SupRules/info/index_civil.htm
education and referral services for Supreme Court Printable court forms are available at:
family and civil cases. It is located at 290 - 800 www.SupremeCourtBC.ca/civil/forms
Hornby Street in Vancouver (open Monday to
Friday): www.SupremeCourtSelfHelp.bc.ca. Common legal terms
You can find out the meaning of legal terms at:
For information about other Justice Access Centre www.SupremeCourtBC.ca/glossary
services in Vancouver and Nanaimo, see:
www.JusticeAccessCentre.bc.ca. Family law
For information about family law claims, see:
www.FamilyLaw.LSS.bc.ca.

This guidebook is part of a series:

Guidebooks for Representing Yourself in Supreme Court Civil Matters.
Produced by: www.JusticeEducation.ca Funded by: www.LawFoundationBC.org

© July 2010. Justice Education Society of BC ISBN 978-0-9737921-5-7

The Society acknowledges the contributions of the Ministry of Attorney General.

8 • The Discovery Process Guidebooks for Representing Yourself in Supreme Court Civil Matters
NOTES
Form 22
(Rule 7-1 (1) )

[Style of Proceeding]
1
LIST OF DOCUMENTS

Prepared by: ................[party]................ (the "listing party")

Part 1: DOCUMENTS THAT ARE OR HAVE BEEN IN THE LISTING PARTY’S POSSESSION
OR CONTROL AND THAT COULD BE USED BY ANY PARTY AT TRIAL TO PROVE OR
DISPROVE A MATERIAL FACT

2 [Do not include documents listed under Part 2, 3 or 4.]

Indicate, for each document listed in

Indicate by a check mark if
this Part by way of an amendment to
Date of document Description of the document is no longer
No. this List of Documents under Rule
[dd/mmm/yyyy] document in the listing party's
7-1 (9), (12) or (14), the date on
possession or control
which the document was listed
1.1 []
1.2 []

Part 2: OTHER DOCUMENTS TO WHICH THE LISTING PARTY INTENDS TO REFER AT

TRIAL
3 [Do not include documents listed under Part 1, 3 or 4.]

Indicate, for each document listed in

Indicate by a check mark if the
this Part by way of an amendment to
Date of document Description of document is no longer in the
No. this List of Documents under Rule
[dd/mmm/yyyy] document listing party’s possession or
7-1 (9), (12) or (14), the date on
control
which the document was listed
2.1 []
2.2 []
 Part 3: DOCUMENTS THAT RELATE TO A MATTER IN QUESTIONS IN THE ACTION

[List here all documents that are listed in response to a demand under Rule 7-1 (11) of the Supreme Court
Civil Rules, and all documents that are listed in response to a court order under Rule 7-1 (14) of the
Supreme Court Civil Rules, that have not been listed under Part 1 or 2. Do not include documents listed
under Part 1, 2 or 4.]

Indicate, for each document listed in

Indicate by a check mark if the
this Part by way of an amendment to
Date of document Description of document is no longer in the
No. this List of Documents under Rule
[dd/mmm/yyyy] document listing party’s possession or
7-1 (9), (12) or (14), the date on
control
which the document was listed
3.1 []
3.2 []

4 Part 4: DOCUMENTS FOR WHICH PRIVILEGE FROM PRODUCTION IS CLAIMED

Indicate, for each document listed in

this Part by way of an amendment to
Date of document Description of Grounds on which privilege is
No. this List of Documents under Rule
[dd/mmm/yyyy] document claimed
7-1 (9), (12) or (14), the date on
which the document was listed
4.1 []
4.2 []

TAKE NOTICE that the documents listed in Parts 1 and 2 of this List of Documents that are not shown as
no longer being in the listing party’s possession or control may be inspected and copied, during normal
business hours, at ................[specify location]................ .

Date: ................[dd/mmm/yyyy]................. .................................................................................

Signature of
[ ] listing party [ ] lawyer for listing party

...........................[type or print name]..........................

 NOTES
Court forms are available at: www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_civil.htm.

They can be completed online and filed electronically using Court Services Online:
www.courtservicesonline.gov.bc.ca.

They can also be printed and completed manually; or completed online, printed and filed.

You do not have to file this form in the court registry, but serve it on the other
parties.
1. The style of proceeding is the part at the top of the document that identifies your case within the court
system. You will use the style of proceeding on every one of your documents, whether they are filed in
the court registry or not. Insert the court number, the location of the registry (e.g., Vancouver), as it is
part of your style of proceeding. Write in the names of the plaintiff and defendant in capital letters (not
addresses) in the style of proceeding.

2. List the documents that are or were in your possession and control (e.g., 15 September 2008, contract
of employment between XYZ company and John Brown. Then check the box if the document is no
longer in your possession or control).

3. List the documents to which you intend to refer at trial (e.g., cancelled Bank of Montreal cheque #305
to Jane White in the amount of $500.00. Then check the box if the document is no longer in your
possession or control).

4. List the documents for which you claim privilege (e.g., 16 March 2007, letter from lawyer, Jane Green,
advice on damages in my claim for wrongful dismissal. Then state the grounds on which you are
claiming privilege, e.g., solicitor/client privilege).
 Form 23
NOTES
(Rule 7-2 (13) )
[Style of Proceeding]

APPOINTMENT TO EXAMINE FOR DISCOVERY

1
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
To: ..........[name of person to be examined]..........
TAKE NOTICE that you are required to attend for your examination for discovery at the place, date and
time set out below. If you are not a named party, or a representative of a named party, to this action, you
must, unless the court otherwise orders, bring with you all documents in your possession or control, not
privileged, relating to the matters in question in this action. Please note the provisions of the Supreme Court
Civil Rules reproduced below.
Place: .......................................................
Date: ................[dd/mmm/yyyy].................
Time: .......................................................

Date: ................[dd/mmm/yyyy]................. ..................................................................................

Signature of [ ] party wishing to conduct
examination [ ] lawyer for party(ies) wishing to
conduct examination

...........................[type or print name]..........................

Rules 22-7 (5) and 22-8 (4) of the Supreme Court Civil Rules state in part:
“22-7 (5) ... if a person, contrary to these Supreme Court Civil Rules and without lawful excuse,
(a) refuses or neglects to obey a subpoena or to attend at the time and place appointed for his or
her examination for discovery, ...
then
(f) if the person is the plaintiff or petitioner, a present officer of a corporate plaintiff or petitioner
or a partner in or manager of a partnership plaintiff or petitioner, the court may
dismiss the proceeding, and
(g) if the person is a defendant, respondent or third party, a present officer of a corporate
defendant, respondent or third party or a partner in or manager of a partnership
defendant, respondent or third party, the court may order the proceeding to continue
as if no response to civil claim had been filed.
22-8 (4) A person who is guilty of an act or omission described in Rule 12-5 (25) or 22-7 (5), in addition to
being subject to any consequences prescribed by those rules, is guilty of contempt of court and
subject to the court’s power to punish contempt of court.”
 NOTES
Court forms are available at: www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_civil.htm.

They can be completed online and filed electronically using Court Services Online:
www.courtservicesonline.gov.bc.ca.

They can also be printed and completed manually; or completed online, printed and filed.

You do not have to file this form in the registry, but serve it on the party you want to
examine.

1. The style of proceeding is the part at the top of the document that identifies your case within the court
system. You will use the style of proceeding on every one of your documents, whether they are filed in
the court registry or not. Insert the court number, the location of the registry (e.g., Vancouver), as it is
part of your style of proceeding. Write in the names of the plaintiff and defendant in capital letters (not
addresses) in the style of proceeding.
NOTES
Form 24
(Rule 7-3 (1) )

1 [Style of Proceeding]

INTERROGATORIES

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
2 Interrogatories on behalf of ......................[party(ies)]...................... for the examination of
3 ......................[person(s) required to answer]......................:
[Set out numbered questions to be answered specifying the person to answer, if the questions are directed to more than
one person.]
1
4 2

Date: ................[dd/mmm/yyyy]................. ..................................................................................

Signature of [ ] party serving interrogatories [ ]
lawyer for party(ies) serving interrogatories
...........................[type or print name]..........................

NOTES
Court forms are available at: www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_civil.htm.

They can be completed online and filed electronically using Court Services Online:
www.courtservicesonline.gov.bc.ca.

They can also be printed and completed manually; or completed online, printed and filed.

You do not have to file this form in the registry, but serve it on the party you want
to answer the questions.
1. The style of proceeding is the part at the top of the document that identifies your case within the court
system. You will use the style of proceeding on every one of your documents, whether they are filed in
the court registry or not. Insert the court number, the location of the registry (e.g., Vancouver), as it is
part of your style of proceeding. Write in the names of the plaintiff and defendant in capital letters (not
addresses) in the style of proceeding.

2. Put the name of the party who is asking for the questions to be answered.

3. Put the name of the person who is required to answer the questions (interrogatories).

4. List the questions that you want answered; e.g., what was the withdrawal in the amount of $550 from
your chequing account at the CIBC on March 21, 2009 used for?
NOTES Form 25
(Rules 7-5 (5), 7-8 (5) and 12-5 (32) and (36) )

1 [Style of Proceeding]

SUBPOENA TO WITNESS

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

2 To: ......................[name and address]......................

TAKE NOTICE that you are required to attend to testify as a witness at the place, date and time set out
below. You are also required to bring with you all documents in your possession or control relating to the
matters in question in this proceeding [and, if applicable, the following physical objects]:
Please note the provisions of the Supreme Court Civil Rules reproduced below.
Place: .......................................................
Date: ................[dd/mmm/yyyy].................
Time: .......................................................

Date: ................[dd/mmm/yyyy]................. ..................................................................................

Signature of [ ] party serving subpoena [ ] lawyer
for party(ies) serving subpoena

...........................[type or print name]..........................

Rules 22-7 (5) and 22-8 (4) of the Supreme Court Civil Rules state in part:
“22-7 (5) ... if a person, contrary to these Supreme Court Civil Rules and without lawful excuse,
(a) refuses or neglects to obey a subpoena or to attend at the time and place appointed for his or her
examination for discovery,
then
(f) if the person is the plaintiff or petitioner, a present officer of a corporate plaintiff or petitioner or a
partner in or manager of a partnership plaintiff or petitioner, the court may dismiss
the proceeding, and
(g) if the person is a defendant, respondent or third party, a present officer of a corporate defendant,
respondent or third party or a partner in or manager of a partnership defendant,
respondent or third party, the court may order the proceeding to continue as if no
response to civil claim had been filed.
22-8 (4) A person who is guilty of an act or omission described in Rule 12-5 (25) or 22-7 (5), in addition to
being subject to any consequences prescribed by those rules, is guilty of contempt of court and subject to
the court’s power to punish contempt of court.”
 NOTES
Court forms are available at: www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_civil.htm.

They can be completed online and filed electronically using Court Services Online:
www.courtservicesonline.gov.bc.ca.

They can also be printed and completed manually; or completed online, printed and filed.

You do not have to file this form in the registry, but serve it on the people named in
the subpoena.

1. The style of proceeding is the part at the top of the document that identifies your case within the court
system. You will use the style of proceeding on every one of your documents, whether they are filed in
the court registry or not. Insert the court number, the location of the registry (e.g., Vancouver), as it is
part of your style of proceeding. Write in the names of the plaintiff and defendant in capital letters (not
addresses) in the style of proceeding.

2. If more than one person is being served with a subpoena, and they are all being required to come to
court on the same day, you can put the names and addresses of all those persons in this space.
 Form 26
NOTES
(Rule 7-7 (1) )
[Style of Proceeding]
1 NOTICE TO ADMIT

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

2 To: ......................[party(ies)]......................
TAKE NOTICE that the ......................[party(ies)]......................, ......................[name(s) of
party(ies)]......................, requests the ......................[party(ies)]......................, ......................[name(s) of
party(ies)]......................, to admit, for the purpose of this proceeding only, the facts set out below and the
authenticity of the documents referred to below, copies of which are attached.
AND TAKE NOTICE that, unless the court otherwise orders, if the party to whom this notice is directed
does not serve a written statement, as provided in Rule 7-7 (2) of the Supreme Court Civil Rules, within 14
days after service of a copy of this notice on him or her, then the truth of the facts and the authenticity of
the documents will be deemed to be admitted.

Date: ................[dd/mmm/yyyy]................. ..................................................................................

Signature of [ ] party serving notice to admit [ ]
lawyer for party(ies) serving notice to admit

...........................[type or print name]..........................

The facts, the admission of which is requested, are: [Set out facts, using a separate numbered paragraph for each
3 fact requested to be admitted.]
1
2
The documents, the authenticity of which admission is requested, are: [List documents and attach copies of the
4 documents to this notice to admit.]
1

2
 NOTES
Court forms are available at: www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_civil.htm.

They can be completed online and filed electronically using Court Services Online:
www.courtservicesonline.gov.bc.ca.

They can also be printed and completed manually; or completed online, printed and filed.

You do not have to file this form in the registry, but serve it on the other parties.
1. The style of proceeding is the part at the top of the document that identifies your case within the court
system. You will use the style of proceeding on every one of your documents, whether they are filed in
the court registry or not. Insert the court number, the location of the registry (e.g., Vancouver), as it is
part of your style of proceeding. Write in the names of the plaintiff and defendant in capital letters (not
addresses) in the style of proceeding.

2. Insert the name of the party that you are asking to admit these facts.

3. Set out the facts that you want the other party to admit (e.g., That John Brown was driving the motor
vehicle that collided with you on June 3, 2008 at the intersection of Granville Street and 12th Avenue in
Vancouver, BC).

4. List the documents that you want the other party to admit the authenticity of (e.g., That the attached
letter dated June 12, 2008 from John Brown to the plaintiff was written and signed by him).