Within 3 months of being served with the first Statement of Defence, a plaintiff must serve an Affidavit of Records. Once served with the Affidavit of Records of the plaintiff, the defendant has 2 months to serve his Affidavit of Records. A third party has 3 months from being added to an action to serve an Affidavit of Records. An Affidavit of Records consists of 3 Schedules. Schedule 1 is a list of documents which are not privileged. Schedule 2 is a list of documents which are privileged. Schedule 3 is a list of documents which may be relevant but are no longer within the control of the party swearing the Affidavit of Records. On application the Court may order a record not previously produced be produced if a record has been improperly omitted or if it has been improperly claimed as privileged.

Once documents are exchanged the parties will proceed to Questioning. During this process all parties adverse in interest have a right to examine the opposing party(s) to discover all facts and evidence the other party has. The right to question extends to questions about the records. During this process a party being Questioned may be asked to search for additional records or information not previously disclosed. These requests are called Undertakings. The Undertakings given must be answered within a reasonable period of time after Questioning is completed. The party giving the Undertaking may be required to re-attend for Questioning on the Undertakings given.