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.

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词条贡献者

译员何巍，毕业于欧洲一流的高级翻译学院，专注翻译各种与生命科学有关的法律文件。