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Discovery

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Submitted By jesseflo
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The "Business Discussions" section's Question 1 on Page 117

How does discovery work?

During discovery both the plaintiff and the defendant are called on to produce facts that are impertinent to the case. The lest expensive way to do this is through interrogatories in which the opposing party is given a series of questions to answer to the best of their knowledge. A more expensive way is when witnesses to the case are called in for a deposition and asked question to which that have to answer orally. Also, either party may ask for particular documents to be produced such as, warranties, contracts, receipts, etc., called request for production of documents. After one or all of these methods are used one of the parties may have a request for an admission to eliminate certain issues in the dispute and possibly come to an agreement that will avoid the case going to court.

Can you be required to testify twice in a deposition and at trial?

Yes a person can be required to testify twice in a deposition and at trial as long as the testimony they are given is not a repeat of what was already offered.

Should you shred all documents you have a bout the case? You know that some of the documents will not put the firm in the best light.

No, you should never shred any evidence. You should offer up any documents that is relevant to the case.

You wonder what will happen at trial. Will it be like what you have seen on TV or in the movies?

Real life court will be nothing like what you see on TV or in the movies. They set the stage for the element of surprise; a surprise witness, a surprise document, a surprise piece of evidence. Actually, discovery is design to eliminate that “surprise” by why of gathering all of the evidence that is important to the outcome to the trial before the trial starts.

Question 9 on Page 148

Arbitration

Who – a judge or an

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