Unfair and Deceptive Acts and Practices: 13.3.12 Respondent’s Discovery of the State’s Case or Policies
Courts consistently hold that investigated companies do not have a right to compel the state to produce the evidence it is accumulating against that company.245 One rationale preventing discovery against an attorney general’s office is that the attorney general is not a party to the action, but the “people” are plaintiffs for whom the attorney general sues in a protective capacity.246 Also, work product for impending litigation from an investigatory file is usually protected from disclosure.