In Re Bexar County Criminal District Attorney's Office

in which Justice HECHT, Justice O’NEILL, Justice WAINWRIGHT, and Justice BRISTER joined.

This case presents an issue of first impression: whether the work-product privilege protects prosecutors from testifying in a malicious prosecution suit when they have already released the prosecution file. Relator Bexar County Criminal District Attorney’s Office (“DA” or “DA’s Office”) provided its prosecution file to real party in interest David Crudup, who had sued relator Cynthia Blank for malicious prosecution. Crudup subpoenaed DA representatives to testify, but the trial court granted the DA’s…