J. E. Hobson and David Lott v. Honorable Louis Moore

This is an original mandamus proceeding to compel the trial court to set aside its order requiring relators, police officers J. E. Hobson and David Lott, to answer interrogatories inquiring into an ongoing criminal investigation. The officers contend the information is privileged from discovery. We recognize a privilege, but conclude it has been waived by failure to assert timely objections. Marlon Ray Davis sued officers Hobson and Lott over their investigation into his possible connection with thefts of heavy equipment. On September 23, 1986, Davis served interrogatories on the officers seeking information about their investigation. The officers responded on October 29, six days late. They claimed the information sought was privileged because it pertained to an ongoing criminal investigation.