What is typically not subject to discovery in legal proceedings?

In legal proceedings, the concept of discovery involves the process of exchanging information and obtaining evidence that may be used in court. However, certain materials are protected from disclosure under various legal doctrines.

Work completed by attorneys in preparation for a case is generally considered protected under the attorney-client privilege and the attorney work product doctrine. This means that materials created by attorneys in anticipation of litigation, including notes, strategy outlines, and draft pleadings, are not typically subject to discovery. This protection encourages full and frank communication between attorneys and their clients, ensuring clients can seek legal counsel without fear of their strategies being exposed to the opposing party.

On the other hand, public statements made by the parties, testimony from expert witnesses, and documentary evidence submitted to the court are usually not shielded from discovery. Public statements can be used as evidence in court, expert testimonies are crucial in establishing or challenging evidence, and documents submitted to the court are part of the public record, often subject to scrutiny by both parties.