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This week’s discussion board focuses on discovery devices. Pay careful attention to the different discovery methods detailed on pages 186-188 of the e-text. Then, review the below fact pattern and answer the questions provided.

Fact Pattern: You represent Sarah Smith in a negligence case. Sarah was shopping in Stop n Shop and slipped and fell on shampoo that was spilled all over the floor of the shampoo aisle. As a result of the fall, Sarah broke her hip. An hour earlier, Lisa complained to the store manager, Bob Foley, about the spill in the shampoo aisle. The spill was not cleaned up. You are aware of this because Lisa was still in the store when Sarah fell and she told Lisa about her prior complaint.

Questions: Based on the above fact pattern, answer the following: (1) Why is discovery important? (2) In discovery of the Sara Smith case, what type of discovery methods would you utilize? Why? (3) Who would you want to depose? Why? (Note: you generally do not depose your own client).


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