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Differences between Canadian and American testimony: Do you know what's unique about the procedures in these two countries?
In legal proceedings, "testimony" is both important and complex, especially since there are significant differences in the ways of testimonials in Canada and the United States. Whether it is "deposition" in the United States or "examination for discovery" in Canada, these processes involve the informal recording of oral testimony outside the courtroom. These depositions are often used in subsequent court proceedings or discovery proceedings. The purpose of this article is to explore the history, implementation details and differences of these proceedings and to guide the reader in thinking about the importance and impact of these legal proceedings.
Historical background
The origins of depositions date back to the mid-15th century, when written inquiries were used for evidence gathering in England's courts of equity.
The deposition process at that time was fundamentally different from modern depositions. Back then, the party seeking testimony asked questions of the witness through written interrogatories, read by a court-appointed representative in a closed proceeding without the participation of other parties or attorneys. Therefore, the contents of these testimonies will not be made public in court. The deposition process evolved over time, especially in early 19th-century New York, as improvements were implemented that began to create direct interactions between attorneys and witnesses, making the process more transparent and efficient.
Canadian Discovery Review
In Canada, the discovery process is similar to the deposition process in the United States, but the process leyes of Canada differs from the legal requirements.
Discovery examination involves direct and cross-examination, and rotation is applied to challenges to previous statements. Under Ontario's Civil Procedure Rules, discovery review time has been limited to seven hours per party since 2010 to account for time consumption and high costs.
The deposition process in the United States
In federal courts in the United States, deposition is the most widely used term, and the legal rules of each state are similar in implementation.
Under Federal Rules of Civil Procedure 30, depositions are generally limited to no more than ten statements per party and each witness is limited to seven hours. Witnesses' testimony will be recorded entirely by a court reporter to ensure accuracy. In addition, the answers given by the witness during the opening of the deposition must be clearly answered orally, and the legal representative will also conduct questioning according to legal procedures. This not only ensures the accuracy of the testimony, but also promotes fairness in the legal process for both parties to a certain extent.
Execution and technology of testimony
With the development of technology, more and more lawyers are choosing to use electronic files for depositions, which is not only convenient but also improves efficiency.
In fact, many lawyers now use digital devices to annotate evidence documents during depositions, making paperwork more flexible and efficient. In addition, the application of legal video technology, coupled with on-site real-time text conversion, makes remote depositions feasible and increasingly popular.
The purpose and impact of testimony
The primary value of a deposition is to provide all parties with a fair preview of the evidence and to support future court proceedings.
Because depositions preserve the memory of a witness, this is especially important for witnesses who may die or become ill before the formal trial. In addition, the record of depositions is often used in support of motions for summary judgment, allowing parties to successfully avoid unnecessary litigation costs.
However, inconsistencies during depositions can also trigger legal follow-up, and the problem becomes more complicated when a witness's testimony in court does not match what he or she testified in deposition. Not only does this affect the credit of the plaintiff or defendant, it can also have a significant impact on the ultimate outcome of the lawsuit.
In short, the deposition procedures in Canada and the United States have their own specific legal culture and practical requirements in history and operation, which make practitioners in the legal profession face different challenges and tests. After understanding the uniqueness of these legal procedures, can readers have a deeper understanding of the meaning and importance behind the legal procedures?
