Legal Question in Criminal Law in Massachusetts

discovery notes

can I request a copy of the prosecuting lawyers interview notes without a lawyer or do I have to subpena them.


Asked on 3/07/09, 9:16 pm

2 Answers from Attorneys

George Davis Law Office of T. George Davis, Jr.

Re: discovery notes

You will almost certainly not be able to obtain a copy of the prosecutor's notes, even with a subpoena. This type of information generally falls under the category of what is called "attorney work product," meaning that it contains information reflecting the attorney's analysis or thoughts. Attorney work product is not discoverable.

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Answered on 3/08/09, 7:13 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: discovery notes

The odds are you will not get them unless there is something exculpatory. If you need help contact me.

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Answered on 3/09/09, 10:50 pm


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