California Supreme Court Addresses Disclosure of Recorded Witness Statements and Witness Lists

In Coito v. Superior Court of Stanislaus County (2012) 54 Cal.4th 480, the California Supreme Court addressed the level of protection for independent witness interviews conducted by attorneys and/or investigators, and information concerning the identity of witnesses from whom counsel or counsel’s investigator has obtained statements (usually sought through form interrogatory 12.3).  The Fifth District Court of Appeal in California previously held that there was no absolute or qualified work product protection for this information.  The California Supreme Court disagreed, ruling that with regard to the protections surrounding the witness interviews, "we hold that a witness statement obtained through an attorney-directed interview is entitled as a matter of law to at least qualified work product protection.  A party seeking disclosure has the burden of establishing that denial of disclosure will unfairly prejudice the party in preparing its claim or defense or will result in an injustice.”  Id. at p. 499.