Saturday, April 28, 2007

Privilege Does Not Defeat Disclosure Rules, Says Texas Supreme Court

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. 04-0914 (Tex. Apr. 27, 2007).

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posted by pn at 1:54 PM  

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.