Questioning for discovery, questioning on affidavit, and questioning a witness before a hearing are each important tools available to you as counsel to advance your client’s case and to both learn and weaken your opponent’s case. Each form of questioning also assists in potentially building a record sufficient for adjudication by the court on an application or encouraging settlement by the early exploration of key issues. However, in order to use each form of questioning effectively, counsel must understand the differing purposes of each type of questioning as well as when and how to use them.

This paper is part of a collection presented at LESA’s Practice Foundations: Questioning program in Edmonton on May 12, 2023.