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IN RE CHRISTUS SPOHN HOSP. KLEBERG

No. 04-0914.

222 S.W.3d 434 (2007)

In re CHRISTUS SPOHN HOSPITAL KLEBERG, Christus Spohn Health System Corporation d/b/a Christus Spohn Hospital Kleberg, Relator.

Supreme Court of Texas.

Decided April 27, 2007.

Attorney(s) appearing for the Case

F. Edward Barker, Stephen Jeffrey Chapman, Barker Leon Fancher & Matthys, L.L.P., and Deborah R. Sundermann, Corpus Christi, for Relator.

Geary Todd Taylor, John Michael Johanson and Chris M. Volf, Johanson & Fairless, LLP, Sugar Land, for Real Party In Interest.

Justice O'NEILL delivered the opinion of the Court.

In this medical malpractice mandamus proceeding, the defendant hospital seeks to recover privileged documents that were mistakenly provided to its designated testifying expert witness. We must decide whether Texas Rule of Civil Procedure 193.3(d), known as the "snap-back" provision, preserves the privilege over Rule 192.3(e)(6)'s mandate that all documents provided to a testifying expert are discoverable. We hold...

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