An example of one such case arises “when a trial court imposes discovery sanctions which have the effect of precluding a decision on the merits of a party’s claims—such as by striking pleadings, dismissing an action, or rendering default judgment—a party’s remedy by eventual appeal is inadequate, unless the sanctions are imposed simultaneously with the rendition of a final, appealable judgment.” Walker v. Packer, 827 S.W.2d 833, 843 (Tex. 1992).Id.
For this reason, discovery is not limited to information that will be admissible at trial. To increase the likelihood that all relevant evidence will be disclosed and brought before the trier of fact, the law circumscribes a significantly larger class of discoverable evidence to include anything reasonably calculated to lead to the discovery of material evidence.Janpole v. Touchy, 673 S.W.2d 569, 573 (Tex. 1984) (internal citation omitted), overruled on other grounds, Walker v. Packer, 827 S.W.2d 833 (Tex. 1992). A fiduciary that is faced with a request for its internal policies and procedures may file a motion for protection and seek protection from a court from the request for information.