How else may the plaintiff obtain the testimony and documents if not via subpoena?

• A. Written interrogatories only.
• B. Deposition by oral examination or written interrogatories.
• C. Motion for discontinuance.
• D. Consent of the witness.

Answer: (B)

The test is about discovery tools that let a plaintiff obtain testimony and documents without needing a subpoena. A deposition by oral examination is a key discovery device: you can question a party or a witness under oath, with live answers that reveal facts and may point to relevant documents. Written interrogatories are another essential tool: a set of written questions served on a party, answered under oath, often identifying documents and facts in detail. When used together, they cover both sworn testimony and documentary information through formal, enforceable responses, all within the discovery process and without issuing a subpoena.

The other options don’t fit as methods to obtain testimony and documents through discovery. A motion for discontinuance relates to ending or postponing a case, not to gathering information. Consent of the witness is not a discovery mechanism and cannot compel production or testimony. Written interrogatories alone are limited to written answers and don’t provide the live, impeachable testimony that a deposition affords, though they are a legitimate part of discovery.