In Re Bexar County Criminal District Attorney’s Office, Relator

Summary

The Texas Supreme Court held that the work‑product privilege shields prosecutors from being compelled to testify about their mental impressions and case‑preparation in a malicious‑prosecution suit, and that the DA’s selective production of its prosecution file did not waive that privilege; therefore the trial court’s order quashing the subpoenas was proper. A concurring opinion emphasized the need for a predictable privilege and a dissent argued the trial court abused its discretion.