work product doctrine (New Hampshire) · Go Syfert
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work product doctrine in New Hampshire

13 New Hampshire opinions name it 1 courts 1967–2021 1 in the last five years

The cases below were cited by New Hampshire courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (13)

CaseFollowedCited
United States v. Noblesgreen
scotus · 1975 · cited in 5 New Hampshire opinions naming this issue, 1976–2016
2 sentences

2016See In re San Juan Dupont Plaza Hotel Fire Litigation, 859 F.2d at 1016 ; see also Nobles, 422 U.S. at 238-39 (determining that the work product doctrine protects documents drafted by non-attorneys at an attorney’s direction).

2016See Nobles, 422 U.S. at 238-39 (explaining that the work product doctrine extends to work performed by non-attorneys at the direction of attorneys). 3.

45
State v. Zwickergreen
nh · 2004 · cited in 2 New Hampshire opinions naming this issue, 2015–2020
2 sentences

2020“At its core, the work-product doctrine shelters the mental processes of the attorney, providing a privileged area within which he can analyze and prepare his client’s case.” State v. Zwicker, 151 N.H. 179, 191 (2004) (quotation omitted).

2020For the work product doctrine to apply, “[t]he lawyer’s work must have formed an essential step in the procurement of the data which the opponent seeks, and he must have performed duties normally attended to by attorneys.” Id. (quotation omitted).

22
State v. Chagnongreen
nh · 1995 · cited in 2 New Hampshire opinions naming this issue, 1995–2016
2 sentences

2016Applying state law, the trial court found that the Gallagher declaration is subject to the work product doctrine because, although it “includes some purely factual information,” it “also contains [Gallagher’s] policy statements and opinions.” See State v. Chagnon, 139 N.H. 671, 676 (1995) (explaining, in the context of a criminal case, that “[witness statements that contain purely factual information should not be considered work product,” but “[i]f a report also includes notes of the investigator or attorney recording his or her analysis, mental process, impressions of what the witness said,

1995These arguments fail for the same reasons we today articulate in State v. Chagnon, 139 N.H.-, 662 A.2d 944 (1995).

22
Hickman v. Taylorgreen
scotus · 1947 · cited in 3 New Hampshire opinions naming this issue, 1967–1995
2 sentences

1995In Hickman v. Taylor, 329 U.S. 495 (1947), the United States Supreme Court recognized the work product doctrine, establishing a qualified privilege for certain materials prepared by an attorney acting for his client in anticipation of litigation.

1995In Hickman v. Taylor, 329 U.S. 495 (1947), the United States Supreme Court recognized the work product doctrine, establishing a qualified privilege for certain materials prepared by an attorney acting for his client in anticipation of litigation.

13
Church of Scientology International v. United States Department of Justicegreen
ca1 · 1994 · cited in 1 New Hampshire opinions naming this issue, 2016–2016
2 sentences

2016See Norwood v. F.A.A., 993 F.2d 570, 576 (6th Cir. 1993) (acknowledging that the work product doctrine protects factual material); see also Church of Scientology Intern. v. U.S. Dept. of Justice, 30 F.3d 224 , 237 n.20 (1st Cir. 1994) (noting that “factual material contained within a document subject to the work product privilege often will be embraced within the privilege”).

2016See Norwood v. F.A.A., 993 F.2d 570, 576 (6th Cir. 1993) (acknowledging that the work product doctrine protects factual material); see also Church of Scientology Intern. v. U.S. Dept. of Justice, 30 F.3d 224 , 237 n.20 (1st Cir. 1994) (noting that “factual material contained within a document subject to the work product privilege often will be embraced within the privilege”).

11
In Re San Juan Dupont Plaza Hotel Fire Litigation. Petition of the Plaintiffs' Steering Committeegreen
ca1 · 1988 · cited in 1 New Hampshire opinions naming this issue, 2016–2016
1 sentence

2016See In re San Juan Dupont Plaza Hotel Fire Litigation, 859 F.2d at 1016 ; see also Nobles, 422 U.S. at 238-39 (determining that the work product doctrine protects documents drafted by non-attorneys at an attorney’s direction).

11
Dan M. Norwood v. Federal Aviation Administrationgreen
ca6 · 1993 · cited in 1 New Hampshire opinions naming this issue, 2016–2016
2 sentences

2016See Norwood v. F.A.A., 993 F.2d 570, 576 (6th Cir. 1993) (acknowledging that the work product doctrine protects factual material); see also Church of Scientology Intern. v. U.S. Dept. of Justice, 30 F.3d 224 , 237 n.20 (1st Cir. 1994) (noting that “factual material contained within a document subject to the work product privilege often will be embraced within the privilege”).

2016See Norwood v. F.A.A., 993 F.2d 570, 576 (6th Cir. 1993) (acknowledging that the work product doctrine protects factual material); see also Church of Scientology Intern. v. U.S. Dept. of Justice, 30 F.3d 224 , 237 n.20 (1st Cir. 1994) (noting that “factual material contained within a document subject to the work product privilege often will be embraced within the privilege”).

11
Gargiulo v. Baystate Health, Inc.green
mad · 2011 · cited in 1 New Hampshire opinions naming this issue, 2016–2016
1 sentence

2016See Gargiulo v. Baystate Health, Inc., 826 F. Supp. 2d 323, 325 (D.

11
Aranson v. Schroedergreen
nh · 1995 · cited in 1 New Hampshire opinions naming this issue, 2004–2004
1 sentence

2004See Ammon, 140 N.H. at 370-71 ; Super.

11
Hicks v. Stategreen
ind · 1989 · cited in 1 New Hampshire opinions naming this issue, 1995–1995
1 sentence

1995“Trial court discretion, rather than the rules of civil procedure, governs discovery in criminal cases.” Hicks v. State, 544 N.E.2d 500, 503 (Ind. 1989).

11
State v. Yatesgreen
wash · 1988 · cited in 1 New Hampshire opinions naming this issue, 1995–1995
1 sentence

1995See State v. Yates, 765 P.2d 291, 296 (Wash. 1988) (interviews of prosecution witnesses are unlikely to contain “opinions, theories or conclusions” of defense counsel); People v. Boclair, 519 N.E.2d 437, 440 (Ill.) (“handwritten notes taken during an interview with a witness are not work product per se”), appeal dismissed, 484 U.S. 950 (1987); People v. Lego, 507 N.E.2d 800, 805 (Ill. 1987) (verbatim statements of witnesses obtained by investigator do not fall within the scope of protection afforded by the work product rule), cert. denied, 488 U.S. 902 (1988).

11
People v. Legogreen
ill · 1987 · cited in 1 New Hampshire opinions naming this issue, 1995–1995
1 sentence

1995See State v. Yates, 765 P.2d 291, 296 (Wash. 1988) (interviews of prosecution witnesses are unlikely to contain “opinions, theories or conclusions” of defense counsel); People v. Boclair, 519 N.E.2d 437, 440 (Ill.) (“handwritten notes taken during an interview with a witness are not work product per se”), appeal dismissed, 484 U.S. 950 (1987); People v. Lego, 507 N.E.2d 800, 805 (Ill. 1987) (verbatim statements of witnesses obtained by investigator do not fall within the scope of protection afforded by the work product rule), cert. denied, 488 U.S. 902 (1988).

11
People v. Boclairgreen
ill · 1987 · cited in 1 New Hampshire opinions naming this issue, 1995–1995
1 sentence

1995See State v. Yates, 765 P.2d 291, 296 (Wash. 1988) (interviews of prosecution witnesses are unlikely to contain “opinions, theories or conclusions” of defense counsel); People v. Boclair, 519 N.E.2d 437, 440 (Ill.) (“handwritten notes taken during an interview with a witness are not work product per se”), appeal dismissed, 484 U.S. 950 (1987); People v. Lego, 507 N.E.2d 800, 805 (Ill. 1987) (verbatim statements of witnesses obtained by investigator do not fall within the scope of protection afforded by the work product rule), cert. denied, 488 U.S. 902 (1988).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Hampshire. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Riddle Spring Realty Co. v. State green
nh · 1966
2 sentences

1989Id.

1976Riddle Spring Realty Co. v. State, 107 N.H. 271 , 220 A.2d 751 (1966); Hickman v. Taylor, 329 U.S. 495 (1947); United States v. Nobles, 422 U.S. 225 (1975).

21976–1989
Professional Fire Fighters v. New Hampshire Local Government Center green
nh · 2012
1 sentence

2021The SAU relies, in particular, upon New Hampshire Right to Life, 169 N.H. at 105-10 , and Professional Fire Fighters of New Hampshire v. New Hampshire Local Government Center, 163 N.H. 613 (2012).

12021–2021
New Hampshire Right to Life & a. v. Director, New Hampshire Charitable Trusts Unit & a. green
nh · 2016
1 sentence

2021The SAU relies, in particular, upon New Hampshire Right to Life, 169 N.H. at 105-10 , and Professional Fire Fighters of New Hampshire v. New Hampshire Local Government Center, 163 N.H. 613 (2012).

12021–2021
State v. Dedrick green
nh · 1992
2 sentences

1995The defendant argues that reports of interviews fall within the work product privilege pursuant to State v. Dedrick, 135 N.H. 502 , 607 A.2d 127 (1992).

1995The defendant argues that reports of interviews fall within the work product privilege pursuant to State v. Dedrick, 135 N.H. 502 , 607 A.2d 127 (1992).

11995–1995
Lego v. Illinois green
scotus · 1988
1 sentence

1995See State v. Yates, 765 P.2d 291, 296 (Wash. 1988) (interviews of prosecution witnesses are unlikely to contain “opinions, theories or conclusions” of defense counsel); People v. Boclair, 519 N.E.2d 437, 440 (Ill.) (“handwritten notes taken during an interview with a witness are not work product per se”), appeal dismissed, 484 U.S. 950 (1987); People v. Lego, 507 N.E.2d 800, 805 (Ill. 1987) (verbatim statements of witnesses obtained by investigator do not fall within the scope of protection afforded by the work product rule), cert. denied, 488 U.S. 902 (1988).

11995–1995
Hobbs v. Municipal Court green
calctapp · 1991
2 sentences

1995Simply because the work product doctrine is applicable to criminal cases as well as civil cases “does not necessarily mean that the doctrine has exactly the same application in the criminal arena as it does in the civil arena.” Hobbs, 284 Cal. Rptr. at 670 .

1995Simply because the work product doctrine is applicable to criminal cases as well as civil cases “does not necessarily mean that the doctrine has exactly the same application in the criminal arena as it does in the civil arena.” Hobbs, 284 Cal. Rptr. at 670 .

11995–1995
Parkview Associates v. City of New York neutral
scotus · 1987
1 sentence

1995See State v. Yates, 765 P.2d 291, 296 (Wash. 1988) (interviews of prosecution witnesses are unlikely to contain “opinions, theories or conclusions” of defense counsel); People v. Boclair, 519 N.E.2d 437, 440 (Ill.) (“handwritten notes taken during an interview with a witness are not work product per se”), appeal dismissed, 484 U.S. 950 (1987); People v. Lego, 507 N.E.2d 800, 805 (Ill. 1987) (verbatim statements of witnesses obtained by investigator do not fall within the scope of protection afforded by the work product rule), cert. denied, 488 U.S. 902 (1988).

11995–1995
Brady v. Maryland green
scotus · 1963
1 sentence

1992The trial court ruled that the prosecutor’s notes were protected by the work-product privilege, but ordered the prosecution “to divulge to the defendant any information received from those witnesses relative to or that might lead to exculpatory evidence,” consistent with the State’s obligation under Brady v. Maryland, 373 U.S. 83 (1963).

11992–1992

Where else courts name it

CA 160 (1962–2026) TX 159 (1984–2026) FL 155 (1961–2026) OH 131 (1978–2026) PA 109 (1973–2026) IL 76 (1980–2025) WA 72 (1975–2025) MA 54 (1980–2025) NJ 52 (1950–2026) IN 46 (1976–2025) MO 43 (1977–2025) NC 40 (1990–2024) NY 40 (1964–2024) VA 37 (1970–2018) CT 34 (1969–2021) MI 34 (1975–2025) AL 26 (1987–2014) CO 26 (1981–2025) WV 25 (1984–2025) AZ 25 (1970–2025) TN 24 (1968–2024) MD 23 (1977–2025) IA 21 (1993–2024) MT 20 (1981–2018) RI 19 (1978–2025) DE 18 (1967–2025) GA 18 (1970–2021) KY 17 (1985–2024) NV 16 (1997–2019) LA 16 (1983–2025) OK 14 (1983–2026) DC 13 (1977–2023) MS 13 (1992–2023) NH 13 (1967–2021) NM 13 (1966–2025) ME 13 (2007–2019) WI 10 (1975–2003) UT 8 (1990–2023) HI 7 (1982–2023) AK 7 (1978–2018) KS 6 (1999–2019) ND 5 (1978–2022) MN 5 (1979–2024) OR 4 (1998–2023) AR 4 (1996–2009) SC 4 (1997–2019) VT 3 (1990–2023) SD 3 (1989–1999)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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