Holding that where a document serves dual purposes, in that it was not prepared exclusively for litigation, the issue is whether the document was created "because of" the litigation as opposed to for some other purpose
Holding that anticipation of litigation means that the document must have been "prepared because of the prospect of litigation," and not in the "ordinary course of business."
Holding that “victim” did not have common legal interest with the government due to a “shared desire to see the same outcome in a legal matter”—i.e., a conviction; “[i]nstead, the parties must make the communication in pursuit of a joint strategy in accordance with some form of agreement—whether written or unwritten”
Holding that the party asserting a joint defense privilege must establish that the communications were made in the course of a joint defense effort, the statements were designed to further the effort, and the privilege has not been waived
Fed. R. Civ. P. 45 Cited 17,099 times 110 Legal Analyses
Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"