Civil Procedure · Lesson 08
Discovery
這一課問的是：哪些資訊可發現？哪些受保護（特權、工作成果）？工具為何（口頭證、質問狀、製作請求）？
ActorActObjectStandardConsequence
Issue · what this lesson is really about
What is discoverable — and what are the protections (privilege, work product) and tools (depositions, interrogatories, RFPs)?
這一課問的是：哪些資訊可發現？哪些受保護（特權、工作成果）？工具為何（口頭證、質問狀、製作請求）？
Trigger words & phrases that should flag this issue:
interrogatorydepositionRFPprivilegework productmandatory disclosure
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
Rule 26(b)
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Scope: any nonprivileged matter relevant to a party's claim or defense and proportional.
Rule 26(b) 範圍。
attorney-client privilege
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Communications between client and lawyer for legal advice.
律師-委託人特權。
work product
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Documents prepared in anticipation of litigation; protected unless substantial need.
工作成果。
interrogatories (Rule 33)
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Written questions to parties.
質問狀。
depositions (Rule 30)
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Oral testimony under oath.
口頭證言。
RFP (Rule 34)
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Requests for production of documents and ESI.
製作請求。
mandatory disclosure (26(a))
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Initial, expert, pretrial disclosures.
強制揭露。
Rule Sentence · the workhorse
Under Rule 26(b), discovery extends to any nonprivileged matter relevant to any party's claim or defense and proportional to the needs of the case; attorney-client privilege and work-product doctrine protect communications and litigation-prepared materials.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人parties當事人
Act 行為seeking and producing information請求及製作資訊
Object 對象relevant nonprivileged matter相關非特權事項
Standard 法律標準Rule 26 scope + privilege + proportionalityRule 26 範圍 + 特權 + 比例
Consequence 後果discovery permitted or shielded允許 或 屏蔽
Casebook Snapshot · a real American case
Hickman v. Taylor
Holding. Documents prepared by an attorney in anticipation of litigation are protected work product. Discovery of such materials requires a showing of substantial need and inability to obtain the substantial equivalent by other means; mental impressions and opinions receive near-absolute protection.
Why it matters. Hickman built the work-product shield: lawyers can prepare for litigation without fearing immediate discovery of their thoughts.
Hickman：律師為訴訟預備之文件為工作成果，受保護。
Common Mistakes · what trips students
✗ 所有 communications with lawyer 都是 privileged。
✓ Only those for purpose of legal advice and confidential.
僅為法律建議且保密者。
✗ work product 是絕對保護。
✓ Fact work product protected absent substantial need; opinion is nearly absolute.
事實工作成果於重大需求下可破；意見近絕對。
Mini IRAC · build the Application
Issue. Must D produce an internal memorandum prepared by D's general counsel summarizing trial strategy for the case?
Rule. Work product prepared in anticipation of litigation is protected, with opinion work product (mental impressions, strategies) receiving nearly absolute protection.
Application (model). D's general counsel prepared the memo to summarize trial strategy. Because work product prepared in anticipation of litigation is protected, with opinion work product nearly absolutely shielded, the fact that the memo summarizes the lawyer's mental impressions and trial strategy means it is core opinion work product.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, the memo is protected from discovery.
MBE Check · multiple choice
In discovery, D refuses to produce attorney-client emails. P moves to compel, arguing the emails are relevant. What result?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: