The test examines whether a document was prepared because of anticipated litigation or would have been created in substantially similar form as part of routine operations. Documents created in the ordinary course are not work product.
It is the central inquiry in insurer and corporate work product disputes.
Alternative Names:
Business Purpose Test, Ordinary Course Test
Why it Matters?
This test decides whether insurance claim files, incident reports, and routine investigations receive protection, and the answer depends on documented practice rather than assertion. An organization that investigates every incident regardless of litigation risk has created ordinary course documents, while one that escalates specific matters for litigation-directed review can distinguish them. Consistent practice is what makes the argument available.
Frequently Confused with
Related terms
Frequently asked questions
What determines ordinary course status?
How can an organization preserve protection?
