“Discovery can accomplish the following important objectives: Preserving evidence for trial: Special procedures are available for avoiding loss of physical evidence and testimony of witnesses who may become unavailable (because of death, illness, leaving the state, etc.). Providing basis for pretrial motions: Information obtained through discovery may provide the basis for motions for summary judgment or adjudication, and sanctions (which may include the striking of meritless causes of action and defenses). Narrowing issues for trial: Through effective discovery, parties may find that some claims or defenses are entirely without merit or so lacking in credible evidence that they are not worth pursuing. They may then be induced to stipulate to such matters, narrowing the issues to be tried, conserving court time and reducing client costs. Promoting settlement: Through discovery, each side can obtain better information regarding the opponent’s case, and thereby better evaluate the strengths and weaknesses of its own case. This increases the potential for pretrial settlement. Avoiding surprises at trial: Effective discovery eliminates the need for guesswork as to the adversary’s case. Each side can find out a great deal about the contentions and evidence the other side will offer. There is less chance of some “surprise” evidence or claim necessitating a continuance. And, there is also less chance for fabrication or forgetfulness by the witnesses who testify, because their trial testimony can be checked against the answers obtained through pretrial depositions, interrogatories, etc.”
[California Practice Guide: Civil Procedure Before Trial [certain citations omitted]]
