Litigation
Mar. 31, 2012
Third-party witness statements: work product or not?
The state Supreme Court may clarify whether third-party witness statements are attorney work product. By David C. Moore of Lindahl Beck LLP
Attorneys often interview third-party percipient witnesses in connection with litigation. These interviews can uncover important facts and reveal the testimony the witness would likely give if deposed or called to testify in court.
If opposing attorneys learn that witness interviews have occurred, they may seek to compel production of any writings documenting the interviews. Efforts to compel disclosure of witness statements are nothi...
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