Legal Definitions - fact work product

Definition: Fact work product refers to tangible material or intangible equivalent that includes facts but not an attorney's mental impressions. It is prepared by or for a lawyer or prepared for litigation, either planned or in progress. Fact work product is generally exempt from discovery or other compelled disclosure.

Examples: Examples of fact work product include witness statements, police reports, and medical records. These materials contain factual information that can be used as evidence in a legal case. However, they do not include an attorney's mental impressions or opinions about the case.

Explanation: Fact work product is subject to a qualified privilege, which means that it is not discoverable unless the party seeking discovery can show a substantial need for the materials. This is because the information contained in fact work product is often sensitive and could harm the case if it were disclosed to the opposing party. For example, if a witness statement contains information that could be damaging to the defendant, the defense attorney may want to keep that information confidential to avoid giving the prosecution an advantage.