(2d Cir.1987) (citing Sporck v. Peil, 759 F.2d 312 (3d Cir.1985)). See generally United States v. Bryan, 339 U.S. 323, 331, 70 S.Ct. 724, 94 L.Ed. 884 (1950) ("‘For more than three centuries it has now been recognized as a fundamental maxim that the public ... has a right to every man's evidence.”) (quoting John Henry Wigmore, A Treatise on the Anglo-American System of Evidence in Trials at Common Law, Including the Statutes and Judicial Decisions of All Jurisdictions of the United States and Canada, § 2192 (3d ed.1940)). 19 . In re Grand Jury Subpoenas Dated Mar. 19, 2002 & Aug. 2, 2002, 318 F.3d 379, 386 (2d Cir.2003). Accord In re Grand Jury Subpoenas dated Mar. 19 & Aug. 2, 2002, No. M 11-189, 2002 WL 31040322, at *3 (S.D.N.Y. Sept.12, 2002), aff'd, 318 F.3d 379 (2d Cir.2003) (<HOLDING>). 20 . In re Grand Jury Subpoenas Dated Oct.
holding burden of proof is on one asserting an affirmative defense holding that the burden of proof lies on the party asserting the protection of the work product doctrine holding that the burden of proof is on the claimant holding the law presumes that a cause lies outside the limited jurisdiction of the federal courts and the burden of establishing the contrary rests upon the party asserting jurisdiction holding that the party asserting work product protection has the burden of establishing that the doctrine applies