Evidence
Work Product Doctrine
A protection for materials prepared by or for a party or lawyer in anticipation of litigation.
Governing rule: Fed. R. Civ. P. 26(b)(3)
Plain-English definition
The work product doctrine protects litigation preparation. It can cover lawyer notes, strategy memos, witness interviews, investigative materials, and mental impressions. Ordinary factual work product may sometimes be discovered on a strong showing; opinion work product receives stronger protection.
How it works
The key fights are whether litigation was anticipated, who prepared the material, and whether the requesting party has substantial need without undue hardship.
Why it matters
Work product protects the adversarial preparation process, especially before depositions, settlement, and trial.
Related terms
More in Evidence
Attorney-Client Privilege
A protection for confidential communications between attorney and client made for the purpose of seeking or giving legal advice.
Authentication
The requirement to show that evidence is what the offering party claims it is.
Burden of Proof
The obligation to prove a claim, defense, or issue to the required legal standard.
Business Records Exception
A hearsay exception for records kept in the regular course of business under reliable recordkeeping conditions.
Clear and Convincing Evidence
A heightened proof standard requiring evidence stronger than preponderance but below beyond a reasonable doubt.
Daubert Motion
A pre-trial challenge to the admissibility of expert testimony, asking the court to act as gatekeeper over scientific or technical evidence.
Expert Witness
A witness allowed to give opinion testimony because specialized knowledge will help the factfinder understand evidence or decide facts.
Hearsay
An out-of-court statement offered to prove the truth of what the statement asserts.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.