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Perspective

Apr. 28, 2010

Clash of the Courts: Are Witness Statements Privileged Information?

Lisa Angelo of Murchison & Cumming addresses the debate over whether written witness statements are protected by the work product privilege.

By Lisa Angelo

For the first time in 14 years, one of California's six appellate districts has challenged the frequently cited Nacht & Lewis Architects, Inc. v. McCormick, 47 Cal. App. 4th 214 (1996) ruling, and urged the Supreme Court to "weigh in" on the issue.

The Coito case revisits the question: "Whether the statement of a witness, taken in writing or otherwise recorded verbatim by an attorney or th...

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