ABSTRACT

Due to the lack of detail speci§ed in the original §ling of any lawsuit, which we noted in Chapter 1, some provision is necessary for the parties to §nd out what the lawsuit involves. This is the role of discovery. In the course of discovery, each side §nds 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.