Difference between revisions of "FOIA"

From Rasmapedia
Jump to navigation Jump to search
(Indiana's Law)
(Indiana's Law)
Line 15: Line 15:
 
(2) legal research or records, correspondence, reports, or memoranda to the extent that each contains the attorney's opinions, theories, or conclusions.
 
(2) legal research or records, correspondence, reports, or memoranda to the extent that each contains the attorney's opinions, theories, or conclusions.
 
This definition does not restrict the application of any exception under section 4 of this chapter.
 
This definition does not restrict the application of any exception under section 4 of this chapter.
 
+
(2) The work product of an attorney representing, pursuant to state employment or an appointment by a public agency:
 
(A) a public agency;
 
(B) the state; or
 
(C) an individual.
 
 
 
  
 
*[https://www.in.gov/pac/about-us/what-we-do/ The Public Access Counsellor's Website].  
 
*[https://www.in.gov/pac/about-us/what-we-do/ The Public Access Counsellor's Website].  

Revision as of 16:00, 29 November 2021

Introduction


Indiana's Law


IC 5-14-3 Chapter 3. Access to Public Records IC 5-14-3-1 Public policy; construction; burden of proof for nondisclosure A fundamental philosophy of the American constitutional form of representative government is that government is the servant of the people and not their master. Accordingly, it is the public policy of the state that all persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees. Providing persons with the information is an essential function of a representative government and an integral part of the routine duties of public officials and employees, whose duty it is to provide the information. This chapter shall be liberally construed to implement this policy and place the burden of proof for the nondisclosure of a public record on the public agency that would deny access to the record and not on the person seeking to inspect and copy the record.

IC 5-14-3-2 Definitions

(u) "Work product of an attorney" means information compiled by an attorney in reasonable anticipation of litigation. The term includes the attorney's:

(1) notes and statements taken during interviews of prospective witnesses; and (2) legal research or records, correspondence, reports, or memoranda to the extent that each contains the attorney's opinions, theories, or conclusions. This definition does not restrict the application of any exception under section 4 of this chapter.