122 F.R.D. 555 (N.D. Cal. 1988) Cited 27 times 1 Legal Analyses
Contemplating that a party subpoenaing a statement from a non-friendly witness cannot succeed without proving that opposing counsel affirmatively waived the work product privilege and that even the statement of a friendly witness could not be obtained or reviewed by the defendant "until [the witness] offers testimony (in deposition or at trial) which is based on refreshing his recollection from his statement or until plaintiffs' counsel cross-examine him on the basis of his statement"