— 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.