Does a juvenile court's order requiring disclosure of a witness list conflict with the work product protection for witness lists?

California, United States of America


The following excerpt is from Jeanette H., In re, 225 Cal.App.3d 25, 275 Cal.Rptr. 9 (Cal. App. 1990):

As we view it, the issue here is whether the juvenile court's order was a reasonable exercise of its administrative power even though it apparently conflicts with the work product protection for witness lists. Before addressing that issue we think it important to emphasize two points concerning the work product protection for witness lists. First, the protection is qualified rather than absolute. (City of Long Beach v. Superior Court, supra, 64 Cal.App.3d at p. 79, 134 Cal.Rptr. 468.) Second, by their very nature witness lists, unlike other forms of work product, will ultimately be disclosed at trial, if not before. These factors are important in determining if a court policy requiring disclosure shortly before trial is reasonable.

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