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Examination for Discovery.doc

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University of British Columbia
SOCI 200
Catherine Ortner

Discovery AssignmentthJuly 18 2013You are acting for the defendant driver in a car crash injury claim You are examining the plaintiff James Smith or Jamie Smith if the plaintiffwitness is female James Jamie Smith has brought an action against your client for personal injuries sustained in the car crash James Jamie Smith will be there to answer your questions and you will be in the position of the opposing lawyer We will have an empty chair for the court reporter and you will pretend a court reporter is there Discoveries run all day You will sign up for a time in class You have to show up at the time you have signed up for Report to my office 3400g and a note there will direct you where to go I will have you start the examination for discovery of the witness James Jamie Smith from the beginning and you want to do that in the proper manner that I have set out for you in lecture I may then jump you to another area and you must be ready to pick up your questioning in a new areaAt some point I will tell you to conclude the discovery and you would then conclude it in the appropriate manner You will have about 1215 minutes Then I will ask you to conclude and I will provide you some feedbackThis is set up as a real discoveryThis witness you are examining is the plaintiff James Jamie Smith and he she is not there to help you He she will be slippery and evasive You have some facts But there is much you do not know You are trying to get at the unknown facts that help you prove a factual theory of the case that makes it more likely that James Smith is at fault for causing the crashI Starting DiscoveryThere is a basic sequence one of a few that can be used to starting an examination for discovery You learned it in lecture but I provide it to you again here Remember that the witness in this case will have taken an oath to tell the truth Here is a basic sequence1 What is your full name 2 How do you spell your last name these first two questions identify right on the written transcripton the recordwho you are discovering
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