Work product privilege

When a party requesting production demonstrates a compelling necessity for the documents to be exhibited in order to reach the merits of the case, disclosure of the work product of an opposing party may be compelled. Such a necessity may be established by showing that:


 * 1) the underlying evidence has been damaged, disassembled, changed, or is inaccessible to the same examination by respondent;
 * 2) that the withholding of the information and the documents sought would defeat the interest of justice; or
 * 3) that the information is not as readily available to respondent as it was to petitioner.

Agri-Bus., Inc. v. Bridges, 397 So.2d 394, 395 (Fla. 1st DCA 1981), citing Travelers Insurance Company v. Fields, 262 So.2d 222 (Fla. 1st DCA 1972).

If a trial court's order on a work product or other privilege issue is material to an appeal, a proper procedure to follow would be to move the trial court for an order transmitting, under seal to the appellate court, the documents which were inspected in camera, for appellate review. ''Stone v. Travelers Ins. Co.'', 326 So.2d 241, 243 (Fla. 3d DCA 1976).