Civil Procedure Multistate Bar Practice Exam

What does Work Product Protection cover?

1. All evidence collected during discovery

2. Materials prepared in anticipation of litigation

3. Testimonies from witnesses

4. Public records relevant to the case

The correct answer is: Materials prepared in anticipation of litigation

Work Product Protection covers materials prepared in anticipation of litigation, which is a foundational tenet of civil procedure aimed at preserving the integrity of the legal process. This protection is codified under Rule 26(b)(3) of the Federal Rules of Civil Procedure and is designed to shield an attorney's mental impressions, conclusions, opinions, or legal theories from discovery by opposing parties. It encourages thorough preparation and strategizing by allowing attorneys to prepare their cases without the fear that their preparatory materials will be disclosed to adversaries. The other options do not accurately reflect what Work Product Protection encompasses. Evidence collected during discovery pertains more broadly to the proceedings rather than the specific protective measures afforded to strategic legal materials. Testimonies from witnesses are generally subject to different rules and aren't typically categorized under work product since they directly relate to evidence rather than attorney-driven preparations. Public records relevant to a case are accessible and not protected under the work product doctrine, as they do not stem from the confidentialized preparatory work of legal counsel.