Work product
Work product: Materials prepared in anticipation of litigation or for trial, which receive protection from discovery under Federal Rule of Civil Procedure 26(b)(3).
What work product means
Put simply, work product is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.
Where work product comes up
For example, the term appears in these procedures:
- Motion for a Protective Order (Fed. R. Civ. P. 26(c)): a request that the court, for good cause, protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense in discovery.
How to research the term
First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses work product in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.
You can read the official rule text online for free.
Related legal terms
- Protective order: a court order limiting discovery to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.
- Privilege: a legal right to withhold certain information from discovery or testimony, such as attorney-client privilege.
- Attorney-client privilege: a privilege that generally protects confidential communications between a lawyer and client made to obtain or give legal advice. Its scope is defined by the law that applies.
- Meet and confer: a required good-faith attempt by the parties to resolve a dispute before asking the court to decide it.
Why precise terms matter
Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.
Sources
Sources last reviewed: 2026-10-23
Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.