Discovery: Privileges - Work Product Doctrine

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Last updated 3:28 AM on 4/9/26
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4 Terms

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Work Product Doctrine

Material is privileged from disclosure under WPD if it was prepared in anticipation of litigation. 

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Prepared in Anticipation of Litigation 

Key Facts:

  1. Declarations?

  2. Oral statements?

  3. Oral statements not recorded?

3
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Substantial Need for Information 

Discovering party may overcome WPD if they can show substantial need for information going to heart of claim or defense. 

Trigger: [infer] go back to what she's claiming and why the report is needed (I.e. they could have escaped injury)

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Overcome by inability to get substantial equivalent w/o undue hardship 

Despite attempts, discovering party has been unable to obtain same info or reasonable facsimile, or it would be impossible or unduly burdensome to do so.