WORK PRODUCT

work product.Tangible material or its intangible equivalent — in unwritten or oral form — 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. — Also termed attorney work product. [Cases: Criminal Law  627.5(6); Federal Civil Procedure  1600(3); Pretrial Procedure  35.

C.J.S. Criminal Law §§ 449–450; Discovery § 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). — 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). — Also termed core work product.

ordinary work product.See fact work product.
[Blacks Law 8th]