(1)A party to an action may examine for discovery, once, without leave, any other party who is adverse in interest.

(2)Where the party to be examined is a corporation, the examining party may select and examine an officer, director or manager on behalf of the corporation, but the corporation may apply to the court at any time prior to the examination for an order requiring the examining party to examine some other officer, director, or employee; and where an officer, director, manager or employee of a corporation has been examined, no other officer, director, manager or employee thereof may be examined without leave of the court.

(3)Where an action is brought by or against a partnership in its firm name or a sole proprietorship in its business name, each person who was, at a material time, a partner or the sole proprietor may be examined on behalf of the partnership or the sole proprietorship, as may be.

(4)Where an action is brought by or against an unincorporated association, an officer or employee may be examined on behalf of the association, but the association may apply to the court at any time prior to the examination for an order requiring the examining party to examine some other officer or employee; and where an officer or employee of an association has been examined, no other officer or employee may be examined without leave of the court.

(5)Where an action is brought by or against a party under disability, the litigation guardian, representative or committee, as may be, may be examined in place of the person under disability, or, at the option of the examining party, the person under disability may be examined if he is competent to give evidence.

(6)Where an action is brought by or against an assignee, the assignor may be examined in addition to the assignee.

(7)Where an action is brought by or against a trustee of the estate of a bankrupt, the bankrupt may be examined in addition to the trustee.

(8)Where an action is brought or defended for the immediate benefit of a person who is not a party thereto, that person may be examined in addition to the party bringing or defending the action, as may be.

(9)On motion, the court may limit the number of persons to be examined for discovery.

(1)An examination of a plaintiff for discovery may be initiated only after the examining party

(2)An examination of a defendant for discovery may be initiated only

(3)An examination of a third party for discovery may be initiated only

(1)Subject to paragraph (2), an examination for discovery may take the form of an oral examination or, at the option of the examining party, an examination by written questions and answers, but the examining party is not entitled to subject a person to both forms of examination except on consent or by leave of the court.

(2)Where a person is liable to be examined by more than one party, the examination for discovery shall take the form of an oral examination, unless agreed otherwise by all of the parties entitled to examine such person.

(1)Unless ordered otherwise, a person being examined for discovery shall answer to the best of his knowledge, information and belief, any proper question relating to an issue in the action, including any matter made discoverable by paragraph (2) to (4) and a question shall not be objected to on the ground that

(2)A party being examined for discovery shall answer, to the best of his knowledge, information and belief, any question concerning the names and addresses of potential witnesses.

(3)A party may obtain discovery of any findings, opinions and conclusions of an expert engaged or consulted by or on behalf of the party being examined or his solicitor and relating to an issue in the action; but the party being examined need not disclose such information nor the name and address of the expert where

(4)A party may obtain discovery of the existence and contents of any insurance policy under which an insurer may be liable to satisfy part or all of any judgment which may be obtained in the action or to indemnify or reimburse any party for money paid by him in satisfaction of the judgment, but such information shall not be admissible in evidence at the trial unless it relates to an issue in the action.

(5)Where information may become relevant after the determination of one or more of the issues in the action and the disclosure of such information prior to that determination would seriously prejudice a party, he may apply to the court for leave to withhold such information until after any such issue has been determined.

(1)Where a party has been examined for discovery or a person has been examined for discovery on behalf or in place of, or in addition to, the party and the party subsequently discovers that the answer to a question on the examination

(2)Where a party provides information in writing under paragraph (1),

(3)Where a party has failed to comply with paragraph (1) or a requirement under clause (2)(b), and the information subsequently discovered is

(1)The court may grant leave, on such terms respecting costs and other matters as are just, to examine for discovery any person who there is reason to believe has information relevant to a material issue in the action.

(2)An order under paragraph (1) shall not be made unless the court is satisfied that

(3)A party who examines a person orally under this subrule shall serve every party who attended or was represented on the examination with the transcript free of charge unless the court orders otherwise.

(4)The examining party is not entitled to recover the costs of the examination from another party unless the court expressly orders otherwise.

(5)The evidence of a person examined under this subrule may not be used in evidence at trial under Rule 32.11(2).

(1)At the trial of an action, any party may use in evidence, if otherwise admissible, all or any part of the examination for discovery of an adverse party.

(2)If otherwise admissible, the evidence of a person examined for discovery on behalf of, in place of, or in addition to a party may be used against that party unless ordered otherwise by the trial judge.

(3)Evidence taken on an examination for discovery may be used at the trial to contradict the testimony of the deponent as a witness in the same manner as any previous inconsistent statement made by a witness may be used.

(4)Where only part of an examination for discovery is introduced into evidence, an adverse party may request the introduction of any other part of the examination which qualifies or explains the part introduced.

(5)A party who introduces in evidence all or part of the examination for discovery of an adverse party, may rebut that evidence by introducing other admissible evidence.

(6)The evidence of a party under disability taken on an examination for discovery may be used at the trial only by leave of the trial judge.

(7)Where a person has been examined for discovery under this rule and

(8)Evidence taken on an examination for discovery may be used in a subsequent action in the same manner and to the same extent as in the original action if

(9)Where a plaintiff, or a person who has been examined for discovery on behalf of a plaintiff, has been called as a witness and has given evidence at trial and thereafter a defendant introduces discovery evidence of that plaintiff or person without having given him an opportunity, on cross-examination, to explain it, the plaintiff may call evidence for that purpose.

(1)On such terms as may be just, the court may grant leave to any person to examine for discovery, before commencement of proceedings, any other person who may have information identifying an intended defendant.

(2)An application under paragraph (1) shall be made by preliminary motion on notice to the person sought to be examined and shall show that