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 in a malicious prosecution suit, even after the prosecution file was produced, because the plaintiff failed to demonstrate the substantial need and undue hardship required to overcome the privilege. Accordingly, the Court conditionally granted mandamus relief, vacating the appellate court’s mandamus and reinstating the trial court’s order quashing the subpoenas.