Photographs Are Not “Written Communications” Within the Work-Product Exception of Rule 167 and, Therefore, Are Subject to Discovery in Texas

Analyzes the issue of whether the recommended work product exception under Federal Rules of Civil Procedure 167 was intended to exempt from discovery any communication or only “written communications.” The Courts see photographs as a form of communication and the author believes that doing so is a liberal construing of the work product exception. This appears to be the best way, short of amendment, to avoid the limitation imposed by the language of the exception and thus eliminate the technical obstacle.