ABSTRACT
Due to the lack of detail specified in the original filing of any lawsuit, which we noted in Chapter 1, some provision is necessary for the parties to find out what the lawsuit involves. This is the role of discovery. In the course of discovery, each side finds out the facts and opinions on which the other side is basing its case. The whole purpose of the discovery process is to ensure that each side knows exactly what the other side is planning to do and thus can develop the best possible counter presentations. It is virtually impossible to spring “surprise witnesses” or “novel legal theories” on an opponent who has taken the discovery process seriously.
