Last updated: 2026-05-16 · Reviewed by: HurtCallMax Editorial Team · Reading time: 10 min · General information about Alberta civil procedure. Not legal advice for your specific case. Call 780-900-6022 for a free case review.

Bottom line: Every Alberta personal-injury case that goes to litigation includes an examination for discovery — the defence lawyer's opportunity to question the claimant under oath in a court reporter's office, typically 12 to 24 months after the Statement of Claim is filed. The Rules of Court of the Court of King's Bench of Alberta (specifically Part 5) govern the process. Most cases settle without trial, but the discovery transcript is what the case settles on — the defence assesses the claimant's credibility, the gaps in their story, and the strength of their evidence at the discovery and adjusts the settlement offer accordingly. A well-prepared claimant who answers honestly, precisely, and calmly produces a transcript that pushes settlement upward. A poorly-prepared one produces a transcript that the defence uses to grind the offer down for months afterward.

1. What an examination for discovery is, exactly

Under Alberta Rules of Court Part 5 (Disclosure of Information), each party in a civil action has the right to obtain pre-trial disclosure of the other party's evidence. This happens in two ways: document production (each side discloses relevant documents in their possession) and oral questioning (each side questions the other under oath).

The oral component is called an “examination for discovery” or “questioning.” It is conducted at a court reporter's office (in Edmonton, this is typically downtown at one of the major reporting agencies). Present are: the claimant, the claimant's lawyer, the defence lawyer, and the court reporter who records every word. The defence lawyer questions the claimant under oath. The claimant's lawyer is there to object to improper questions and protect the claimant's interests, but is NOT there to coach answers in real time.

The session typically lasts a half-day to a full day for a soft-tissue or moderate-injury file; multiple days for serious-injury or catastrophic files. The transcript becomes part of the litigation record. Anything the claimant says under oath at discovery can be used at trial — either to confirm a position or to attack credibility if the trial testimony differs.

2. What the defence lawyer is trying to accomplish

The defence lawyer at discovery has six goals, in rough order:

• Lock the claimant into a specific story. Once the claimant has sworn to a version of events, it is very hard to change later without losing credibility.
• Identify inconsistencies. Between the claimant's discovery testimony and their statement to police, their statement to the insurer, their medical records, and what they have told various doctors. Any inconsistency is leverage.
• Establish liability defences. Was the claimant speeding? Looking at their phone? Failing to yield? Not wearing a seatbelt? Any contributory-negligence percentage reduces the settlement multiplicatively.
• Pin down the exact limitations claimed. “What can you not do today that you could do before the accident?” Detailed limitation testimony is then matched against surveillance footage, medical records, and the claimant's own social-media history. Exaggerated limitations are a defence gift.
• Explore pre-existing conditions. Every prior medical record gets reviewed; every prior injury or symptom gets probed. The defence is building the crumbling-skull argument (see our explainer).
• Assess the claimant's credibility as a witness. If the case goes to trial, the judge or jury will assess the claimant in person. A claimant who comes across as honest, measured, and articulate produces a higher settlement number than one who comes across as evasive, exaggerated, or hostile.

3. What gets covered (in roughly the order asked)

• Personal background. Name, address (the claimant's real residential address, which is private), date of birth, education, work history.
• Pre-accident health. Family doctor, prior injuries, prior medical conditions, medications, surgeries. Often 10+ years of medical history. The defence has obtained the records and the questions are designed to confirm or contradict what the records show.
• The accident itself. Date, time, location, weather, road conditions. Speed, lane position, what the claimant saw and did. Whether the claimant was using a phone, eating, talking to a passenger, distracted in any way.
• Immediate post-accident. How the claimant felt at the scene; whether they spoke to police, paramedics, the other driver; what they said in any recorded statement.
• Medical treatment timeline. Every doctor, physiotherapist, chiropractor, specialist seen since the accident. Every diagnosis, every recommendation, every treatment gap.
• Current symptoms and limitations. Pain, sleep, mood, mobility. What the claimant can and cannot do. Detailed quality-of-life questions.
• Work and income. Pre-accident earnings, post-accident earnings, time off work, any accommodations.
• Daily activities, hobbies, recreation. Before the accident vs. after. The exact contrast is what builds the loss-of-enjoyment-of-life claim — or destroys it.
• Social media. Frequent in modern discovery. Photos of activities posted after the accident that contradict claimed limitations are routinely produced.

4. The seven rules for surviving discovery

• Tell the truth. Always. Lies get caught and they destroy the case. Better to acknowledge an inconvenient fact than to be caught in a lie about it later.
• Answer only what was asked. Do not volunteer information. The defence lawyer's question defines the scope of the answer. If the answer is “yes” or “no,” say “yes” or “no.”
• “I don't know” and “I don't remember” are valid answers when true. Do not guess. Do not speculate. If you genuinely do not know, say so.
• Be precise about limitations. Not “I can't lift anything.” Yes “I can lift up to about 15 pounds occasionally but I avoid it because of pain that develops within about an hour.” Honest, calibrated descriptions survive surveillance; exaggerated ones do not.
• Take time before answering. A discovery is not a fast-paced exchange. Pause, think, then answer. If the question is unclear, ask the defence lawyer to clarify.
• Stay calm. The defence lawyer may ask provocative questions, suggest you are exaggerating, or seem skeptical. Do not get angry. The transcript records tone and content; the cooler the claimant comes across, the better the settlement number afterward.
• Listen to your lawyer's objections. When the claimant's lawyer objects, the claimant should stop talking. The lawyers will sort it out and the question may or may not need to be answered.

5. What to do in the days before discovery

• Meet with your lawyer for a prep session. Reputable plaintiff counsel spends 2-4 hours preparing the claimant before discovery — reviewing the questions likely to be asked, the documents the defence has produced, and the claimant's own evidence. If your lawyer does not offer this, ask for it.
• Re-read your own medical records. Your lawyer will provide a copy. Familiarize yourself with the timeline so you are not surprised by anything the defence asks about.
• Review your social-media history. Photos, posts, locations from the past few years. The defence has likely seen all of it. Be ready to discuss what you posted and when.
• Sleep, eat normally, do not drink alcohol the night before. A discovery is mentally exhausting. Show up rested.
• Dress neatly but not formally. The discovery is not a court appearance, but the defence lawyer is assessing whether the claimant would present credibly to a judge or jury. Treat the day with the seriousness of a job interview.

6. After discovery

The transcript typically takes 4-8 weeks to be prepared by the court reporter. The claimant receives a copy and reviews it for accuracy. There is a formal “errata” process under the Rules of Court for correcting transcription errors, but the claimant cannot change substantive answers after the fact — what was said under oath stands.

Once both sides have completed discoveries (the claimant questions the defendant too, though in MVA cases the defendant's evidence is often less central), both lawyers reassess the case. The defence makes an offer. The plaintiff responds. Most Alberta personal-injury cases settle in the 6-18 months after discoveries. The discovery transcript is what the settlement number is built on.

7. The action item

Discovery is one of the highest-leverage days in an entire personal-injury file. A claimant who shows up cold — without prep, without knowing the medical record, without coaching on how to answer — can permanently damage a case that should have settled for substantially more. A claimant who shows up prepared, calm, and honest produces a settlement number that reflects the true value of the injuries.

The choice of lawyer matters here. Firms with deep personal-injury experience know exactly how Alberta defence counsel question claimants and how to prepare a witness for it. Firms that handle PI as a sideline often do not. See our screening criteria for what we look for.

Free case review → · Call 780-900-6022 · Available 24/7.

Sources: Alberta Rules of Court, Part 5 (Disclosure of Information); Court of King's Bench of Alberta Civil Practice Notes; Alberta Evidence Act, RSA 2000, c A-18. Pattern observations based on HurtCallMax editorial review of Alberta personal-injury procedural practice and published Court of King's Bench decisions on CanLII (2020-2026).

Related: How Adjusters Reduce Settlements · Crumbling Skull vs Thin Skull · Alberta's Two-Year Limitations Clock · Pain and Suffering and the SCC Trilogy Cap · Section B Accident Benefits · Future Care Costs in Catastrophic Cases.