In re Pitt Wholesale Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that lawyers’ drafts of non-party witness affidavits “do not lose their character as work product because a final executed version has been affirmatively used in the litigation”
• “Until the moment of service and filing, the lawyer reserves the right to reverse course and refrain from using the affidavits.”
• “A lawyer's notes of an interview of a non-party witness is classic work product and may contain both facts and mental impressions of the lawyer.”
• no showing of substantial need because witnesses have been available to be examined at deposition and no other special circumstances exist
• “The lawyer’s drafts [of affidavits], which have not been adopted or executed by the non-party witness, do not lose their character as work product because a final executed version has been affirmatively used in the litigation”
• “The lawyer’s drafts [of affidavits], which have not been adopted or executed by the non-party witness, do not lose their character as work product because a final executed version has been affirmatively used in the litigation.”

Source: CourtListener parenthetical corpus (CC0).