Work Product Protection: Anticipating Litigation (Federal) | Practical Law

Work Product Protection: Anticipating Litigation (Federal) | Practical Law

A Practice Note analyzing how federal courts determine whether documents and other tangible things were created in anticipation of litigation. This Note details the process the court uses to determine whether something satisfies the in anticipation of litigation element, which is required for an item to be protected from disclosure under the work product doctrine in federal court.

Work Product Protection: Anticipating Litigation (Federal)

Practical Law Practice Note w-025-6326 (Approx. 12 pages)

Work Product Protection: Anticipating Litigation (Federal)

by Thomas E. Spahn, McGuireWoods LLP with Practical Law Litigation
MaintainedUSA (National/Federal)
A Practice Note analyzing how federal courts determine whether documents and other tangible things were created in anticipation of litigation. This Note details the process the court uses to determine whether something satisfies the in anticipation of litigation element, which is required for an item to be protected from disclosure under the work product doctrine in federal court.