May 13, 2011

Privilege.

Practice point: Witness statements taken by a party's counsel are subject to the qualified privilege for materials prepared in anticipation of litigation or for trial, pursuant to CPLR 3101[d][2].

Students should note that, to overcome the privilege, there must be a showing of a substantial need for the materials, and the inability to get them elsewhere.

Valencia v.Obayashi Corp., NY Slip Op 03835 (2d Dept. 2011).


Monday's issue is failure to answer.