Tag Archives: rule 31.04(3)

How to Best Leverage the Use of Surveillance and Investigation in Court Part 2

Last week we looked at the defendants disclosure obligations regarding surveillance and investigative material where a claim of privilege has been made, in this weeks post we will look into using surveillance at the examination for discovery, after discovers and before trial.

II) At the Examination for Discovery

In order to obtain the particulars of surveillance before the plaintiff’s discovery, the plaintiff should endeavor to be the first to deliver a notice of examination.   By doing so, the plaintiff can take advantage of Rule 31.04(3). This rule states that the party who first serves a notice of examination “may examination first and complete the examination before being examined by another party, unless the court orders otherwise”. Continue reading