The Fifth District Court of Appeal case of Coito vs. Superior Court was granted review on 06/09/10. A new case just came out of the Fifth District Court of Appeal on the issue of whether a witness statement taken by an attorney is subject to discovery, and whether Judicial Form Interrogatory 12.3 can be objected to on a blanket basis based on attorney work product doctrine. The holding of this case is that witness statements, even if taken by an attorney, are discoverable in most instances, and a blanket objection to 12.3 will not stand in the Fifth District.
Thanks goes to Barbara Haubrich, ACP/CAS for this information. You can find more great information on her blog.
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