In Galloway v. Sunbelt Rentals, Inc., No. 5:14-cv-00040, 2015 WL 176615 (W.D. Va. Jan. 14, 2015), the court ordered defendant to produce sworn witness statements that it had obtained prior to litigation.  The action related to a crash in 2012 that left plaintiff in a coma for two months.  In 2012, defendant obtained statements from two people who witnessed the crash.  The statements were sworn, taken in question and answer format, and transcribed by a court reporter.  In 2014, plaintiff moved to compel production of the statements.  Defendant asserted the work product protection and argued that plaintiff could obtain the same information by deposing the witnesses, who were available for deposition.  The court granted the motion to compel.  First, the court held that the statements were fact work product, notwithstanding that disclosure of the statements would reveal counsel’s questions, which defendant argued were opinion work product.  Second, the court explained that discovery of prior statements is particularly appropriate where the statements are contemporaneous with the events at issue in the litigation and there has been a lapse of time between the events and the opportunity to take depositions.  “A deposition based on two-year-old memories is not the substantial equivalent of a witness statement taken a week after the incident[.]”  Third, because the statements were sworn and transcribed, there was a significant possibility that the statements would be admitted as evidence at trial.