Civil Litigation
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Total Confidentiality Agreement Cases: 1
In a bad faith action, even where the behavior of an adversary is at issue in litigation, if the materials sought were prepared in anticipation of litigation, they are not subject to discovery. Work product protects the tangible product of the attorney's labor, not the facts. If the requisite showing under Rule 1.280(b)(3) can be made, the work product may be obtainable. However, there must be a showing that the information cannot be obtained without undue hardship unless the work product is turned over.
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