This form is a sample motion filed by the defense requesting that the court issue a ruling compelling the plaintiff to produce certain documents at trial.
Maine Motion to Compel Plaintiffs to Produce Documents at Trial
State:
Multi-State
Control #:
US-PI-0059
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Motion To Compel Plaintiffs To Produce Documents At Trial?
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FAQ
The work-product privilege (or ?work-product doctrine?) protects from discovery by the opposing party "documents and tangible things that are prepared in anticipation of litigation or for trial." Federal Rule of Civil Procedure 26(b)(3)(A).
The ancient attorney-client privilege protection provides absolute but fragile immunity from discovery. The relatively new litigation-related work product doctrine provides limited but robust immunity from discovery. Lawyers should always be on the lookout for both types of protection.
In Maine, the party seeking protection from the work product doctrine "must show that the documents were prepared principally or exclusively to assist in anticipated or ongoing litigation." Springfield Terminal, 2000 ME 126, ¶ 17, 754 A.
There are two kinds of work product ? ?Brain Work? and everything else. Brain work is not discoverable. A writing that reflects an attorney's impressions, conclusions, opinions, or legal research or theories is not discoverable under any circumstances. (Code Civ.
Usually, an opposing party may not discover or compel disclosure of work product. As examples, it can be a client's description of the events or facts when seeking legal advice; exchanges between lawyer or client investigating the facts; and the actual legal advice given.
A party upon whom a request is served to produce the party's medical, employment or other records in the possession of a third party may, at the party's option, produce in place of such records an effective written authorization by which the submitting party may obtain the requested records.