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

13 New Mexico opinions name it 2 courts 1966–2025 7 in the last five years

The cases below were cited by New Mexico 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 (12)

CaseFollowedCited
Hartman v. Texaco Inc.green
nmctapp · 1997 · cited in 3 New Mexico opinions naming this issue, 2005–2021
2 sentences

2021Cf. Hartman, 1997-NMCA-032, ¶ 25 (concluding that the district court did not abuse its discretion in ordering production because the resisting party failed to carry its burden to show that the work-product doctrine applied to each document).

2007Cf. Hartman, 1997-NMCA-032, ¶25 , 123 N.M. 220 , 937 P.2d 979 (concluding that the district court did not abuse its discretion in ordering production because the resisting party failed to carry its burden to show that the work-product doctrine applied to each document).

23
Republican Party v. New Mexico Taxation & Revenue Departmentgreen
nm · 2012 · cited in 2 New Mexico opinions naming this issue, 2024–2024
2 sentences

2024See Republican Party of N.M, 13 2012-NMSC-026, ¶ 38 (“We discern no legally sound reason to recognize privileges 14 applicable to public records requests where we have not done so in the context of 15 litigation.”); see also id. ¶ 13 (“Without proof of the Legislature’s intent to the 16 contrary, we do not construe IPRA to contemplate privileges not applicable 17 elsewhere in our state government.”).

2024See Republican Party of N.M, 2012-NMSC-026, ¶ 38 (“We discern no legally sound reason to recognize privileges applicable to public records requests where we have not done so in the context of litigation.”); see also id. ¶ 13 (“Without proof of the Legislature’s intent to the contrary, we do not construe IPRA to contemplate privileges not applicable elsewhere in our state government.”).

22
State ex rel. Brandenburg v. Blackmergreen
nm · 2005 · cited in 2 New Mexico opinions naming this issue, 2007–2025
2 sentences

2025See, e.g., State ex rel. 6 Brandenburg v. Blackmer, 2005-NMSC-008, ¶¶ 7, 11 , 137 N.M. 258 , 110 P.3d 66 7 (resolving dispute over the work-product doctrine through writ of superintending 8 control). 9 B.

2025See, e.g., State ex rel. 6 Brandenburg v. Blackmer, 2005-NMSC-008, ¶¶ 7, 11 , 137 N.M. 258 , 110 P.3d 66 7 (resolving dispute over the work-product doctrine through writ of superintending 8 control). 9 B.

12
Harter v. University of Indianapolisgreen
insd · 1998 · cited in 1 New Mexico opinions naming this issue, 2007–2007
1 sentence

2007See, e.g., Harter v. Univ. of Ind., 5 F.Supp.2d 657, 665 (S.D.Ind.1998) (explaining distinction, for the purpose of determining the scope of waiver of attorney-client privilege and work product immunity, between defense based on a Ghent’s reliance on attorney-client communications and defense to respondeat superior liability based upon sufficiency of an attorney’s investigation); cf. Chimie v. PPG Indus., Inc., 218 F.R.D. 416, 421 (D.Del.2003) (“The attorney-client privilege and the work product doctrine are based on different public policies, protect different though frequently complementary

11
Chimie v. PPG Industries, Inc.green
ded · 2003 · cited in 1 New Mexico opinions naming this issue, 2007–2007
1 sentence

2007See, e.g., Harter v. Univ. of Ind., 5 F.Supp.2d 657, 665 (S.D.Ind.1998) (explaining distinction, for the purpose of determining the scope of waiver of attorney-client privilege and work product immunity, between defense based on a Ghent’s reliance on attorney-client communications and defense to respondeat superior liability based upon sufficiency of an attorney’s investigation); cf. Chimie v. PPG Indus., Inc., 218 F.R.D. 416, 421 (D.Del.2003) (“The attorney-client privilege and the work product doctrine are based on different public policies, protect different though frequently complementary

11
Commonwealth v. Bing Sial Lianggreen
mass · 2001 · cited in 1 New Mexico opinions naming this issue, 2005–2005
2 sentences

2005United States v. Nobles, 422 U.S. 225, 238 , 95 S.Ct. 2160 , 45 L.Ed.2d 141 (1975) (“Although the work-product doctrine most frequently is asserted as a bar to discovery in civil litigation, its role in assuring the proper functioning of the criminal justice system is even more vital.”); Liang, 747 N.E.2d at 118 (“[Information contained in the notes of [the prosecution team] is protected as work product.”); District Court, 790 P.2d at 335 (“The work product doctrine ... applies with equal, if not greater, force in criminal prosecutions.”).

2005United States v. Nobles, 422 U.S. 225, 238 , 95 S.Ct. 2160 , 45 L.Ed.2d 141 (1975) (“Although the work-product doctrine most frequently is asserted as a bar to discovery in civil litigation, its role in assuring the proper functioning of the criminal justice system is even more vital.”); Liang, 747 N.E.2d at 118 (“[Information contained in the notes of [the prosecution team] is protected as work product.”); District Court, 790 P.2d at 335 (“The work product doctrine ... applies with equal, if not greater, force in criminal prosecutions.”).

11
State v. Turnergreen
nmctapp · 1982 · cited in 1 New Mexico opinions naming this issue, 2005–2005
1 sentence

2005See State v. Jackson, 97 N.M. 467, 468 , 641 P.2d 498, 499 (1982); State v. Jackson, 2004-NMCA-057, ¶ 5 , 135 N.M. 689 , 92 P.3d 1263 , cert. quashed, 2005-NMCERT-001 , 137 N.M. 17 , 106 P.3d 579 ; State v. Turner, 97 N.M. 575, 582 , 642 P.2d 178, 185 (Ct.App.1981).

11
People v. District Court of El Paso Countygreen
colo · 1990 · cited in 1 New Mexico opinions naming this issue, 2005–2005
2 sentences

2005United States v. Nobles, 422 U.S. 225, 238 , 95 S.Ct. 2160 , 45 L.Ed.2d 141 (1975) (“Although the work-product doctrine most frequently is asserted as a bar to discovery in civil litigation, its role in assuring the proper functioning of the criminal justice system is even more vital.”); Liang, 747 N.E.2d at 118 (“[Information contained in the notes of [the prosecution team] is protected as work product.”); District Court, 790 P.2d at 335 (“The work product doctrine ... applies with equal, if not greater, force in criminal prosecutions.”).

2005United States v. Nobles, 422 U.S. 225, 238 , 95 S.Ct. 2160 , 45 L.Ed.2d 141 (1975) (“Although the work-product doctrine most frequently is asserted as a bar to discovery in civil litigation, its role in assuring the proper functioning of the criminal justice system is even more vital.”); Liang, 747 N.E.2d at 118 (“[Information contained in the notes of [the prosecution team] is protected as work product.”); District Court, 790 P.2d at 335 (“The work product doctrine ... applies with equal, if not greater, force in criminal prosecutions.”).

11
United States v. Noblesgreen
scotus · 1975 · cited in 1 New Mexico opinions naming this issue, 2005–2005
2 sentences

2005United States v. Nobles, 422 U.S. 225, 238 , 95 S.Ct. 2160 , 45 L.Ed.2d 141 (1975) (“Although the work-product doctrine most frequently is asserted as a bar to discovery in civil litigation, its role in assuring the proper functioning of the criminal justice system is even more vital.”); Liang, 747 N.E.2d at 118 (“[Information contained in the notes of [the prosecution team] is protected as work product.”); District Court, 790 P.2d at 335 (“The work product doctrine ... applies with equal, if not greater, force in criminal prosecutions.”).

2005United States v. Nobles, 422 U.S. 225, 238 , 95 S.Ct. 2160 , 45 L.Ed.2d 141 (1975) (“Although the work-product doctrine most frequently is asserted as a bar to discovery in civil litigation, its role in assuring the proper functioning of the criminal justice system is even more vital.”); Liang, 747 N.E.2d at 118 (“[Information contained in the notes of [the prosecution team] is protected as work product.”); District Court, 790 P.2d at 335 (“The work product doctrine ... applies with equal, if not greater, force in criminal prosecutions.”).

11
State v. Jacksongreen
nm · 1982 · cited in 1 New Mexico opinions naming this issue, 2005–2005
2 sentences

2005See State v. Jackson, 97 N.M. 467, 468 , 641 P.2d 498, 499 (1982); State v. Jackson, 2004-NMCA-057, ¶ 5 , 135 N.M. 689 , 92 P.3d 1263 , cert. quashed, 2005-NMCERT-001 , 137 N.M. 17 , 106 P.3d 579 ; State v. Turner, 97 N.M. 575, 582 , 642 P.2d 178, 185 (Ct.App.1981).

2005See State v. Jackson, 97 N.M. 467, 468 , 641 P.2d 498, 499 (1982); State v. Jackson, 2004-NMCA-057, ¶ 5 , 135 N.M. 689 , 92 P.3d 1263 , cert. quashed, 2005-NMCERT-001 , 137 N.M. 17 , 106 P.3d 579 ; State v. Turner, 97 N.M. 575, 582 , 642 P.2d 178, 185 (Ct.App.1981).

11
Hartman v. El Paso Natural Gas Co.green
nm · 1988 · cited in 1 New Mexico opinions naming this issue, 1997–1997
2 sentences

1997See Hartman v. El Paso Natural Gas Co., 107 N.M. 679, 686-87 , 763 P.2d 1144, 1151-52 (1988).

1997See Hartman v. El Paso Natural Gas Co., 107 N.M. 679, 686-87 , 763 P.2d 1144, 1151-52 (1988).

11
Haskell v. Siegmundgreen
illappct · 1960 · cited in 1 New Mexico opinions naming this issue, 1966–1966
2 sentences

1966See Haskell v. Siegmund, 28 Ill.App.2d 1 , 170 N.E.2d 393 .

1966See Haskell v. Siegmund, 28 Ill.App.2d 1 , 170 N.E.2d 393 .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
cluster 763473 green
ca4 · 1999
2 sentences

2022Citing an out-of- state case, Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999), Irby proposes that “those parts of billing records that reflect the client’s identity, the amount of the fee, the case file name, and the general purpose of the work performed are not protected” by the attorney-client privilege or the work-product doctrine.

2022We are not persuaded for several reasons. {9} First, citing an out-of-state case, Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999), Allison proposes that “those parts of billing records that reflect the client’s identity, the amount of the fee, the case file name, and the general purpose of the work performed are not protected” by the attorney-client privilege or the work-product doctrine.

22022–2022
Albuquerque Journal v. Board of Educ. green
nmctapp · 2018
2 sentences

2023Assuming that Horton’s affidavits establish a preexisting or contemporaneous agreement of the parties, Horton does not demonstrate that the agreement reflected a “shared identical legal interest” or that the protected communications were each “made during the course of a joint defense effort between the resisting party and the third party and in furtherance of that effort.” See id. (internal quotation marks and citation omitted). 2 Horton refers also to the work product doctrine and the mediation privilege— two separate protections from discovery with separate analyses and controlling facts.

2023We decline to address either as these protections are raised in two sentences without application of the cited law, Rule 11-503(B)(3) and NMSA 1978, Section 44-7B-4 (2007), to the facts of the present case. 27 As a result, Horton did not meet “the burden of proving all elements of the privilege as to each communication claimed to be privileged.” See id.

12023–2023
Headley v. Morgan Management Corp. green
nmctapp · 2005
1 sentence

2022See In re Doe, 1984-NMSC-024 , ¶ 2; Headley, 2005-NMCA-045, ¶ 15 .

12022–2022
Santa Fe Pacific Gold Corp. v. United Nuclear Corp. green
nmctapp · 2007
2 sentences

2022Gold Corp. v. United Nuclear Corp., 2007-NMCA-133, ¶ 38 , 143 N.M. 215 , 175 P.3d 309 , Irby appears the material related only to the general purpose of the work performed.

2022Gold Corp. v. United Nuclear Corp., 2007-NMCA-133, ¶ 38 , 143 N.M. 215 , 175 P.3d 309 , Irby appears the material related only to the general purpose of the work performed.

12022–2022
State v. Jackson green
nmctapp · 2004
2 sentences

2005See State v. Jackson, 97 N.M. 467, 468 , 641 P.2d 498, 499 (1982); State v. Jackson, 2004-NMCA-057, ¶ 5 , 135 N.M. 689 , 92 P.3d 1263 , cert. quashed, 2005-NMCERT-001 , 137 N.M. 17 , 106 P.3d 579 ; State v. Turner, 97 N.M. 575, 582 , 642 P.2d 178, 185 (Ct.App.1981).

2005See State v. Jackson, 97 N.M. 467, 468 , 641 P.2d 498, 499 (1982); State v. Jackson, 2004-NMCA-057, ¶ 5 , 135 N.M. 689 , 92 P.3d 1263 , cert. quashed, 2005-NMCERT-001 , 137 N.M. 17 , 106 P.3d 579 ; State v. Turner, 97 N.M. 575, 582 , 642 P.2d 178, 185 (Ct.App.1981).

12005–2005
In re Lucero green
nm · 1982
1 sentence

2005See State v. Jackson, 97 N.M. 467, 468 , 641 P.2d 498, 499 (1982); State v. Jackson, 2004-NMCA-057, ¶ 5 , 135 N.M. 689 , 92 P.3d 1263 , cert. quashed, 2005-NMCERT-001 , 137 N.M. 17 , 106 P.3d 579 ; State v. Turner, 97 N.M. 575, 582 , 642 P.2d 178, 185 (Ct.App.1981).

12005–2005
State Ex Rel. State Highway Commission v. Steinkraus green
nm · 1966
2 sentences

1982State v. Steinkraus, 76 N.M. 617 , 417 P.2d 431 (1966), states: “In theory, at least, the work-product doctrine only bars discovery before trial.” See R.Crim.Proc. 28(c).

1982State v. Steinkraus, 76 N.M. 617 , 417 P.2d 431 (1966), states: “In theory, at least, the work-product doctrine only bars discovery before trial.” See R.Crim.Proc. 28(c).

11982–1982

Statutes the citing opinions construe

NM § N.M. Stat. § 14-2-1 (5) NM § N.M. Stat. § 14-2-5 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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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