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Source Assault Complete Criminal Law List Showing the closest available flashcard practice.

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After a train derailment, Railroad's lawyer directed an investigator to take witness statements because lawsuits were expected. In later litigation, several witnesses cannot be located, and Plaintiff seeks the statements. Railroad asserts work product.
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Work product exists only after a complaint is filed. Ordinary fact work product may be discovered if the requesting party shows substantial need and cannot, without undue hardship, obtain the substantial equivalent by other means. Opinion work product receives no protection if the lawyer is in-house counsel. Work product is discoverable whenever it is relevant.

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