The defendants brought a motion for directions after adjourning the examination for discovery of the plaintiff, Valentina Medvedeva.
The day before the scheduled examination, the plaintiffs served a lengthy affidavit intended to serve as Valentina's evidence in chief.
The defendants objected, arguing this would allow the plaintiffs to control the narrative and avoid a proper oral discovery.
The court agreed with the defendants, finding that under Rule 31.02, the examining party controls the form of discovery, and oral examinations are the standard.
The court ordered that Valentina submit to a standard oral examination for discovery without the use of the affidavit.
