What is the initial procedure for oral discovery in a civil case?

In the context of oral discovery in a civil case, the initial procedure typically involves the defendant examining first. This practice is grounded in the understanding that the plaintiff has the burden of proof in civil litigation, which often necessitates providing evidence or establishing a case at the outset. By allowing the defendant to conduct their examination first, it aligns with the principle that the party defending against claims should have the opportunity to scrutinize the evidence and testimony prior to the plaintiff presenting their narrative.

This order of examination also serves the purpose of creating a more structured discovery process, enabling each party to build upon the dynamics of the discussion and gain insights into the opposing party's arguments and strategy.

While it is essential for the parties to agree on some procedures and conduct their discovery in good faith, it is more common for the established order of examination, favoring the defendant initially, to be followed unless arranged otherwise by the parties involved. Therefore, the approach enhances the efficiency and clarity of the discovery phase while reinforcing the procedural norms that guide civil litigation.