The official home page of the New York State Unified Court System. Examination for discovery is the out-of-court examination (questioning) under oath of the parties to an action (lawsuit).Resources to assist counsel with examinations for discovery in an Ontario action. 2 Parties looking to examine a non-party for discovery prior to trial must carefully review the Rules and applicable case law. These accommodations help students with special health needs to participate in New York City Department of Education (DOE) programs and activities. For the examination of any other person, use a summons to witness (Form 34B).) (General heading). Plaintiff contends that the. Paleontological resources are the fossilized remains, imprints, or traces of past life preserved in the geologic record.