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Federal Rules of Evidence (US) QUESTION #3785
Question 1
An attorney is defending a client in a murder trial. The attorney hires a private investigator to interview witnesses. The prosecution subpoenas the investigator's notes. Are the notes discoverable?
  • Yes, because the investigator is not an attorney.
  • No, they are protected by the Attorney-Client Privilege.
  • No, they are protected by the Work-Product Doctrine (Rule 26/Common Law/FRE 502).✔️
  • Yes, unless the investigator is also a licensed attorney.
Correct Answer Explanation
The work-product doctrine protects documents and tangible things prepared in anticipation of litigation by or for another party or its representative (including investigators).