Module 02 Content
Title: Preparing Discovery Requests
Purpose of Assignment: The purpose of this project is for the students to showcase their ability to craft discovery documents in either a civil or criminal case.
Course Competency: Create tailored documents for legal professionals in various areas of law. (TS – Communication)
Instructions:Content:Your supervising attorney has decided to move quickly on discovery when filing the initiating documents for this case. Therefore, you will need to prepare the appropriate discovery documents.
CIVIL TRACK: You will be preparing a set of 10 interrogatories and 10 requests for production of documents to be sent to opposing counsel. You should use the template located here:
Interrogatories TemplateAnd the following facts:
Mr. Bouden was recently on his way into Mary’s Muffin Shop to purchase a dozen muffins and other pastries to take into the office for his staff to enjoy. Mary Schutt, the proprietor, was cleaning the front of the building and lobby, as it was a particularly slow morning. She had just washed the floor with a new floor polish meant to make floors “really shine,” but she did not read the label. The instructions cleared state that the product should fully dry before being walked upon. Upon entering the lobby, Mr. Bouden slipped on the floor, fell, and heard an audible “pop.” Mr. Bouden was in an incredible amount of pain and was taken to the emergency room. Doctors announced that he had torn some ligaments in his leg which would require surgery, and had a broken bone as well. Mary denies that she is responsible and says that he should have “watched where he was going.”
Mary has not secured counsel yet, so the requests should be sent to her at 78 Alabaster Dr, Springfield, IL 37837.
CRIMINAL TRACK: You will be preparing the following documents to be sent to the prosecutor:
Notice of DepositionNotice of Intent to Engage in DiscoveryWaiver of Speedy TrialYou also will be preparing a subpoena for production of a video from a third party:
Subpoena TemplateUse the templates from the links above, as well as the following facts:
Tony Smulder. Mr. Smulder received a promotion at work last week. To celebrate, he went to dinner with his brother, Nick, and had a few bottles of wine. When it was time to leave, Tony felt fine to drive. He was headed home on the expressway, listening to his favorite radio station, when he realized he was about to miss his exit. He swerved over a few lanes to exit the expressway.
Unfortunately for Tony, a police officer was behind him and pulled him over as he was exiting the expressway. Tony was administered a field sobriety test, which was inconclusive. He then was administered a breathalyzer test. The test came back showing Tony’s blood alcohol content was just over the legal limit. Tony was arrested and charged with driving under the influence. This was his third DUI, and he is now worried about the repercussions. Your supervising attorney thinks the case should be dismissed because the complaint fails to mention the exact blood alcohol level (.08).
As the field sobriety test was inconclusive, your supervising attorney believes that the complaint was deficient. You should research and use the laws of your state pertaining to the elements for DUI in crafting the motion.
Your supervising attorney would like to depose the police officer, Jason Voors, and the lab technician who was responsible for calibrating the breathalyzer. Both will be deposed three weeks from our assignment’s due date, at our office. We also will need to subpoena a video recording from the gas station, Quik Fill Ups, located at 8392 Shadow Lane, Plymouth, MN 38290
Format:You should use the information provided by your supervising attorney, along with the template(s) provided, to prepare professional legal documents.
Resources: Microsoft Word
Submit your completed assignment by following the directions linked below. Please check the Course Calendar for specific due dates.
Save your assignment as a Microsoft Word document. (Mac users, please remember to append the “.docx” extension to the filename.) The name of the file should be your first initial and last name, followed by an underscore and the name of the assignment, and an underscore and the date. An example is shown below:
Jstudent_exampleproblem_101504
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