ESTATE OF BRANDON TYLER NARLESKI, ET AL. VS. NICHOLAS GOMES, ET AL. (L-7085-15, MIDDLESEX COUNTY AND STATEWIDE) (A-5144-17T4)

ESTATE OF BRANDON TYLER NARLESKI, ET AL. VS. NICHOLAS GOMES, ET AL. (L-7085-15, MIDDLESEX COUNTY AND STATEWIDE) (A-5144-17T4) In this appeal, the court clarifies the standard for evaluating a claim of the work-product privilege. Consistent with the language of Rule 4:10-2(c), the court holds that there is no per se or presumptive rule that materials prepared or collected before litigation are not prepared in anticipation of litigation. Instead, as set forth in Rule 4:10-2(c), there is a multi-part, fact-specific test. The first inquiry is whether the materials were prepared or collected in anticipation of litigation or trial by another party or that party's representative. If so, to obtain the materials, a party must satisfy a two-part standard. The party seeking the materials must (1) show a substantial need for the discovery, and (2) demonstrate that he or she is unable, without undue hardship, to obtain the substantial equivalent of the materials