Substantial need requires showing the requested material is important to preparing the case, not merely helpful. It is assessed alongside whether the equivalent can be obtained by other means without undue hardship.
Both elements must be satisfied.
Alternative Names:
Substantial Need Showing, Need Standard
Why it Matters?
The showing succeeds most reliably where the material captures something that no longer exists: a scene photographed before it changed, a statement taken when memory was fresh, or a device examined before repair. Where the requesting party could have obtained the same information through its own timely investigation, courts are unsympathetic. That makes prompt investigation a defense against work product motions as well as good practice.
Frequently Confused with
Related terms
Frequently asked questions
What establishes substantial need?
What defeats the showing?
