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Criminal Law

: Blog 702

Privilege Does Not Defeat Disclosure Rules, Says Texas Supreme Court

By Peter Nordberg

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Texas has a "snap-back" rule permitting a party to recover privileged material it inadvertently produces in discovery. It also has a rule providing that all documents provided to a testifying expert are discoverable. What happens, then, when a party inadvertently provides privileged material to its expert? The "snap-back" rule may not be invoked in this situation, the Texas Supreme Court has ruled, unless the party also withdraws the expert. See In re Christus Spohn Hosp. Kleberg, No. 04-091 read more

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Full post as published by Blog 702 on April 28, 2007 (boomark / email).

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