Hickman v. Taylor
| Hickman v. Taylor | |
|---|---|
|
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| Argued November 13, 1946 Decided January 13, 1947 |
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| Full case name | Hickman, Administrator v. Taylor, et al., trading as Taylor & Anderson Towing & Lighterage Company, et al. |
| Citations | 329 U.S. 495 (more)
67 S. Ct. 385; 91 L. Ed. 451; 1947 U.S. LEXIS 2966; 34 Ohio Op. 395
|
| Prior history | Cert. to the Circuit Court of Appeals for the Third Circuit |
| Holding | |
| Discovery of written materials obtained or prepared by an adversary’s counsel with an eye toward litigation may not be had unless party seeking discovery can establish that relevant and non-privileged facts remain hidden in an attorney’s file and where production of those facts is essential to the preparation of one’s case. | |
| Court membership | |
| Case opinions | |
| Majority | Murphy, joined by Vinson, Black, Reed, Douglas, Rutledge, Burton |
| Concurrence | Jackson, joined by Frankfurter |
| Laws applied | |
| Federal Rule of Civil Procedure 26 | |
Hickman v. Taylor, 329 U.S. 495 (1947), is a United States Supreme Court case in which the Court recognized the work-product doctrine, which holds that information obtained or produced by or for attorneys in anticipation of litigation may be protected from discovery under the Federal Rules of Civil Procedure. The Court's decision in the case was unanimous.
Federal Rule of Civil Procedure 26, a relatively recent innovation at the time this case was originally filed, granted mandatory discovery of certain documents and materials when requested. (The modern Rule 26(b)(3), protecting trial preparation materials, did not become effective until 1970.)
Defendant's tugboat sank in Delaware River, killing five of nine crew members, including Petitioner's decedent.
A public hearing was held on March 4, 1943, before the United States Steamboat Inspectors, at which the four survivors were examined. This testimony was recorded and made available to all interested parties. Shortly thereafter, Fortenbaugh privately interviewed the survivors and took statements from them with an eye toward the anticipated litigation; the survivors signed these statements on March 29. Fortenbaugh also interviewed other persons believed to have some information relating to the accident and in some cases he made memoranda of what they told him. At the time when Fortenbaugh secured the statements of the survivors, representatives of two of the deceased crew members had been in communication with him. Ultimately claims were presented by representatives of all five of the deceased; four of the claims, however, were settled without litigation. The fifth claimant, petitioner herein, brought suit in a federal court under the Jones Act on November 26, 1943, naming as defendants the two tug owners, individually and as partners, and the railroad. Petitioner sought to compel production of signed statements and memoranda. Respondent granted names of those who had provided statements, but refused to produce documents. The court ordered his imprisonment, but stayed the order pending appeal. Respondent appealed to the Court of Appeals for the Third Circuit, and the production order was reversed.
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