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.]


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