Does the attorney work product rule apply to expert opinions?

California, United States of America


The following excerpt is from People v. McClinton, 240 Cal.Rptr.3d 775, 29 Cal.App.5th 738 (Cal. App. 2018):

Pen. Code, 1054.6 ["Neither the defendant nor the prosecuting attorney is required to disclose any materials or information which are work product as defined in ... the Code of Civil Procedure"].) "The opinions of experts who have not been designated as trial witnesses are protected by the attorney work product rule. [Citation.] Their identity also remains privileged until they are designated as trial witnesses." ( Hernandez v. Superior Court (2003) 112 Cal.App.4th 285, 297, 4 Cal.Rptr.3d 883.)

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