1. What Is Questioning?

2. How Questioning Can Arise in an Alberta Family Case

3. What Happens Before Questioning?

4. Who Attends?

5. What Happens During the Appointment?

6. What Questions Must Be Answered?

7. Objections and Privilege

8. What Is an Undertaking?

9. How Is the Transcript Used?

10. Practical Tips for Answering Questions

11. Common Mistakes to Avoid

12. Costs and Timelines

13. When Should You Speak With a Family Lawyer?

14. How Bridgestone Law Can Help

Introduction

Being told that you must attend “questioning” can sound as though you are about to be cross-examined in a courtroom. The process is formal, and answers are given under oath, but questioning usually takes place in a meeting room or by an agreed remote format rather than before a judge.

Questioning, historically called an examination for discovery, allows a party to ask another party or eligible witness questions about relevant and material information and records. A qualified court reporter records every question and answer, and a written transcript can be prepared. The process helps the parties understand the evidence, obtain missing information, narrow the disputed issues, evaluate settlement and prepare for an application or trial.

In an Alberta family case, questioning is not required in every matter and does not operate identically in every procedural setting. Part 5 of the Alberta Rules of Court governs discovery questioning in an action, while other rules apply to questioning on an affidavit or evidence filed for a family-law application. The pleadings, governing legislation, type of proceeding and any case-management directions determine whether questioning is available, what notice is required and how the transcript may be used.

This article provides general legal information and is not a substitute for advice about a particular proceeding.

What Is Questioning?

Questioning is a pre-hearing evidence-gathering process. A person who is entitled to question asks questions, usually through a lawyer. The person answering takes an oath or affirmation to tell the truth. A court reporter creates a word-for-word record.

The process is sometimes still called “discovery” because its central purpose is to discover the relevant facts and records held by the opposing side. It is not a private conversation or an informal settlement meeting. Answers may have legal consequences and, where the Rules permit, portions of the transcript may be used in an application, proceeding or trial.

Questioning may help a party:

• learn the other side’s evidence and position;

• clarify facts that are unclear from pleadings, affidavits or financial disclosure;

• obtain relevant records that have not yet been produced;

• test whether evidence is internally consistent;

• secure admissions about facts that are not genuinely disputed;

• assess the strengths and weaknesses of the case;

• narrow the issues requiring a court decision; and

• make a better-informed settlement proposal.

Questioning should not be used to embarrass, punish or exhaust the other party. The court may limit questioning or cancel an appointment that is unnecessary, improper or vexatious.

How Questioning Can Arise in an Alberta Family Case

Family litigation can involve several forms of questioning. The distinction matters.

Discovery questioning under Part 5

Part 5 of the Alberta Rules of Court deals with disclosure of relevant and material information and records. In a qualifying court action, a party may be entitled to question an adverse party and certain other eligible people under oath.

Unless the parties agree or the court orders otherwise in exceptional circumstances, the questioning party generally must first have served an affidavit of records. For Part 5 questioning, Form 29 is used to appoint the questioning, and the Rules generally require at least 20 days’ notice unless the parties agree otherwise.

Questioning on an affidavit or filed statement

A person who swears an affidavit for an application may be questioned on that affidavit under the applicable Rules. In a proceeding under Alberta’s Family Law Act, rule 12.23 also permits an adverse party to question a person who made a statement, reply statement or affidavit supporting a claim or response. Different notice, filing and transcript rules may apply to this type of questioning.

This is one reason not to assume that a deadline found for one form of questioning applies to another. The notice should identify the authority and scope of the appointment.

What Happens Before Questioning?

The parties or their lawyers usually arrange a date, time, place and court reporter. A formal notice of appointment may then be served. The notice can identify records that the person must bring and should address reasonable accommodation needs.

Preparation normally includes reviewing:

• pleadings and the orders requested by each party;

• affidavits, statements and prior sworn evidence;

• the affidavit of records and disclosed documents;

• financial statements, tax returns, bank records and business records where relevant;

• important correspondence and parenting communications;

• chronologies of significant events; and

• the legal and factual issues that remain disputed.

Under rule 5.23, a person being questioned under Part 5 must reasonably prepare and bring likely required, non-privileged records. Preparation does not mean memorizing a script. It means refreshing your recollection, understanding the documents and being ready to provide complete and truthful answers.

Your lawyer may explain the process, identify likely topics and practice clear answering habits. A lawyer must not coach a client to give false or misleading evidence or supply an answer that is not the client’s own.

Who Attends?

An oral questioning usually includes:

• the person being questioned;

• that person’s lawyer, if represented;

• the questioning lawyer and sometimes the questioning party;

• lawyers for other parties who are entitled to attend; and

• a qualified court reporter.

A judge is generally not present. The court reporter administers the oath or affirmation and records the questions and answers word for word. If an interpreter is required, the Rules address notice and the provision of an impartial, competent interpreter.

Questioning may take place in person or through an agreed or court-directed electronic process. Practical arrangements should be confirmed in advance, including exhibits, breaks, privacy and how documents will be shown remotely.

What Happens During the Appointment?

The person being questioned is sworn or affirmed. The questioning lawyer then asks questions within the permitted scope. Documents may be shown to the witness and marked as exhibits.

The witness’s own lawyer may object where there is a proper legal basis. After the questioning lawyer finishes, the Rules may permit questions that explain, elaborate on or provide context for an earlier answer, followed by further questions about that explanation.

Questioning may last a few hours, a full day or longer depending on the issues, volume of records and any limits set by agreement or court order. Length alone does not determine whether questioning is proper. Questions must remain relevant to the proceeding and proportionate to what is genuinely required.

What Questions Must Be Answered?

For Part 5 discovery questioning, the person generally must answer questions that are relevant and material and are not subject to a valid objection. “Relevant and material” broadly means that the information could reasonably be expected to significantly help determine one or more issues raised in the pleadings or ascertain evidence that could do so.

In a family case, appropriate topics may include:

• income, employment, assets, debts and financial transactions;

• the ownership or value of family property;

• business interests and corporate records;

• the history of financial support;

• parenting arrangements and the history of care;

• communications relevant to a disputed parenting issue;

• proposed plans for a child; and

• compliance with an existing agreement or court order.

The permissible scope depends on the claims and evidence. A question is not proper merely because it concerns the parties’ relationship. Personal history with no meaningful connection to the issues may be irrelevant or unnecessarily intrusive.

Objections and Privilege

Under rule 5.25, an objection during Part 5 questioning may be made on grounds including:

• privilege;

• lack of relevance and materiality;

• the question being unreasonable or unnecessary; or

• another ground recognized by law.

Privilege can protect certain confidential communications, including communications between a client and lawyer for the purpose of obtaining legal advice. Settlement privilege may protect qualifying settlement communications. Privilege is technical and fact-specific; it should not be claimed casually or waived inadvertently.

If lawyers disagree about an objection, they may note it on the record and attempt to resolve it. If it cannot be resolved, the court can decide whether the question must be answered. The witness should pause after each question so their lawyer has an opportunity to object before the answer is given.

What Is an Undertaking?

An undertaking is a formal promise to provide information or a record after the questioning. It may arise when the witness does not know an answer that reasonable preparation should have revealed, or controls a relevant, material and non-privileged record that has not been produced.

For example, a person may undertake to:

• confirm the balance of a specific account on a particular date;

• obtain a missing corporate financial statement;

• identify the source of a deposit; or

• provide details of an employment benefit.

An undertaking is not an optional request. Under rule 5.30, it must be answered or the record produced within a reasonable time. The witness may be questioned further about the response. Lawyers often maintain an undertakings chart showing the request, objection if any, responsibility and completion status.

How Is the Transcript Used?

Oral questioning is recorded word for word. A certified written transcript may then be ordered from the court reporter.

Under rule 5.31, a party may use permitted evidence from an adverse party’s discovery transcript in support of an application or proceeding or at trial. If a selected passage would be misleading without surrounding context, the court may direct that connected portions also be used.

A transcript is not automatically filed in every type of case. Part 5 materials generally must not be filed or placed before the court except as permitted during an application, proceeding or trial. By contrast, particular family-law questioning rules may require the questioning party to file the transcript unless the parties agree that filing is unnecessary.

Information and records produced through Part 5 disclosure are generally subject to confidentiality and use restrictions. They may ordinarily be used only for the action in which they were disclosed unless the court orders otherwise, the parties agree or the law permits another use. A transcript should not be posted publicly or circulated for personal reasons.

Practical Tips for Answering Questions

Tell the truth

Answers are given under oath or affirmation. Do not change an answer because you believe a different response would help your case.

Listen to the complete question

Pause, make sure you understand and answer only after the question is finished. Ask for clarification if the wording is unclear.

Answer the question asked

Be complete but focused. Long speeches may create confusion and open unnecessary lines of inquiry.

Do not guess

If you do not know or cannot remember, say so. Distinguish between not knowing, not remembering and needing to check a record.

Use documents carefully

Take time to review a document before answering about it. Do not assume the questioning lawyer’s description of the document is accurate.

Correct mistakes promptly

If you realize an answer is wrong during the appointment, correct it on the record. Rule 5.27 also creates a continuing duty in Part 5 questioning to correct an answer by affidavit if it was incorrect or misleading, or later becomes so because of new information.

Remain composed

An argumentative response rarely improves the evidence. Ask for a break if needed, subject to the orderly continuation of the questioning.

Common Mistakes to Avoid

Preparing too little

Failing to review key records can lead to avoidable undertakings, inaccurate answers and additional expense.

Rehearsing a rigid story

Questioning is not a speech. Memorized answers can sound evasive and may fail when the questions approach the facts from a different direction.

Volunteering speculation

A witness should not fill gaps with assumptions. An honest “I do not know” is better than an inaccurate guess.

Arguing with the questioning lawyer

The witness’s role is to provide evidence. Counsel can address improper questions through appropriate objections.

Treating informal messages as unimportant

Texts, emails and co-parenting-app messages may be relevant records. They should be reviewed and preserved where required.

Discussing the transcript publicly

Discovery information may be confidential and restricted to use in the litigation. Sharing it can create legal and strategic problems.

Ignoring undertakings

Late or incomplete responses can delay the case, increase costs and lead to a court application.

Costs and Timelines

The cost of questioning depends on its length, the number of parties and lawyers, preparation time, the court reporter, room or remote-platform charges, transcript orders, document organization and follow-up undertakings. Legal fees and court-reporting charges are separate.

The questioning party generally arranges the recording and may initially pay related charges, although final responsibility for costs can depend on agreement, the Rules or a court order. If a transcript is required urgently or is lengthy, transcription costs can be significant.

Scheduling may take several weeks or longer. Complex financial cases can require substantial disclosure before questioning is productive. After the appointment, undertakings and any objection disputes may need to be resolved before the parties can meaningfully proceed to settlement discussions or trial preparation.

Alberta Court of King’s Bench family proceedings are also subject to current case-management requirements, including the Family Focused Protocol that took effect January 2, 2026. The appropriate sequence and any need for court directions should be confirmed for the particular file.

When Should You Speak With a Family Lawyer?

Legal advice may be particularly important when:

• you receive a notice of appointment for questioning;

• the scope or authority for questioning is unclear;

• the case involves a business, trust, corporation or complex property;

• privileged or highly private records may be requested;

• financial disclosure is incomplete;

• family violence or safety concerns affect attendance arrangements;

• an interpreter or disability-related accommodation is required;

• there are disputed objections or unanswered undertakings; or

• transcript evidence may be used at an upcoming application or trial.

Preparation with a lawyer can help a witness understand the process, review relevant documents and give accurate evidence without being drawn into unnecessary argument.

How Bridgestone Law Can Help

Bridgestone Law assists clients in Calgary and throughout Alberta with disclosure, questioning and other stages of family litigation. We can assess whether questioning is appropriate, prepare notices and areas of inquiry, help a client prepare to answer under oath, attend the appointment, address objections and undertakings, and use the resulting evidence in negotiation or court where permitted.

Questioning is most useful when it is focused, proportionate and connected to the issues the court may actually need to decide.