Staargaard v. Public Service Co.

The position of the plaintiffs is stated in their brief as follows: “Moreover, the plaintiff is not here asking for discovery process and does not seek to examine the records, hence neither discovery nor pretrial examination would serve the purpose involved. The production is now sought as a testimonial aid, rather than for the purposes of examination.”

It is true that the propriety of questions asked in the taking of a deposition under R. L., c. 393, s. 1 does not depend upon the certainty of their admissibility at the trial but rather upon the fact of whether the matters inquired about may…