Privilege

Question 1

Work-Product Doctrine

Answer 1

This privileges documents prepared by a party or their attorney in anticipation of litigation. The litigation does not have to be already started.

Question 2

Ordinary work product

Answer 2

documents, information, facts, witness statements

Question 3

Opinion work product

Answer 3

legal opinions, mental impressions, how the evidence relates to/is relevant to the litigation

Question 4

When can work product be discoverable?

Answer 4

1. The opposing party has a substantial need for this information
2. It would result in undue hardship to deprive the opposing party of this information

Note: opinion work product is almost never discoverable, so this rule only tends to apply to ordinary work product.