WORK PRODUCT

work product. Tangible material or its intangible equivalent ¡ª in unwritten or oral form ¡ª that was either prepared by or for a lawyer or prepared for litigation, either planned or in progress. ? Work product is generally exempt from discovery or other compelled disclosure. The term is also used to describe the products of a party’s investigation or communications concerning the subject matter of a lawsuit if made (1) to assist in the prosecution or defense of a pending suit, or (2) in reasonable anticipation of litigation. Fed. R. Evid. 26.

¡ª Also termed attorney work product. [Cases: Criminal Law 627.5(6); Federal Civil Procedure 1600(3); Pretrial Procedure 35. C.J.S. Criminal Law ¡ì¡ì 449¨C450; Discovery ¡ì 29.]

core work product. See opinion work product.

fact work product. Tangible work product that includes facts but not an attorney’s mental impressions. ? Fact work product is subject to a qualified privilege. It is not discoverable unless the party seeking discovery can show a substantial need for the materials. See Fed. R. Evid. 26(b)(3).

¡ª Also termed ordinary work product.

opinion work product. Work product, tangible or intangible, that includes or reflects an attorney’s thoughts, such as impressions, theories, and conclusions. ? Opinion work product is almost wholly immune from discovery. Fed. R. Evid. 26(b)(3).

¡ª Also termed core work product.

ordinary work product. See fact work product.


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Carl, Chinese legal translator, specializes in translating legal documents pertaining to complex business disputes.