Notes that an investigator takes to testify in court are generally what?

• A. Privileged material
• B. Subject to discovery
• C. Not discoverable
• D. Sealed by privilege

Answer: (B)

In litigation, documents and notes created by investigators for use in court are normally produced for the other side through discovery. This means they are subject to being shared so both sides can review what has been gathered and prepared. The default is that investigative notes are discoverable unless a specific privilege applies. For example, if the notes were prepared in anticipation of litigation by an attorney or their agent, they might be protected as work product, but absent that kind of privilege, the notes can be requested and inspected. They are not automatically privileged, sealed, or not discoverable.