SAN FRANCISCO The California Supreme Court handed down detailed new rules governing the discoverability of witness statements taken by attorneys or their investigators.
The court ruled that recorded witness statements are absolutely privileged if the attorney who obtained them can show that disclosing them would reveal an attorney’s “impressions, conclusions, opinions or legal research or theories.” Even if that standard can’t be met they would still be subject to qualified privilege, meaning the other side would have to show unfair prejudice or injustice.
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