In re Jefferson County Appraisal District

Discovery of the jury consultant's discussions with the Jefferson County Appraisal District's legal counsel, including notes of such discussions, may reflect the mental impressions and legal theories of JCAD's counsel. Therefore, such information goes to the core of the work product doctrine and is not discoverable. JCAD did not waive the work product privilege by allowing its testifying experts to view a mock trial. Beaumont Court of Appeals, No. 09-10-00074-CV, 6-14-2010

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Original Proceeding

OPINION

Jefferson County Appraisal District (“JCAD”) seeks a writ of mandamus compelling the trial court to vacate orders granting Total Petrochemicals, USA, Inc., Total Par L.P., Total Par General Partner, L.L.C., and Total Par Limited Partner, L.L.C.‟s (collectively “Total”) motion to compel discovery related to the identity of JCAD‟s jury consultant, and denying JCAD‟s Motion to Reconsider and Motion for Protective Order on its assertion of discovery objections and privileges. JCAD further asks this Court to enter a modified order, sustaining each of JCAD‟s assertions of privilege and objections to Total‟s interrogatories, and reversing the trial court‟s order directing JCAD to supplement its discovery responses and to “conclude that JCAD is not required to produce any of the information sought by Total, and that Total is not entitled to depose JCAD‟s jury consultant.” Because the information Total seeks to discover is privileged or outside the scope of discovery, we conditionally grant the writ of mandamus.

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