Mandamus | bethmjohnson

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Beth's Blog Archive

The emailed version of Beth's Blog provides summaries of recent Texas case law, focusing on a chosen family law issue plus a short article on that particular focus. The archive here includes the focus articles from Beth's Blog emails.

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Petitions for Writ of Mandamus

In a petition for writ of mandamus, the party seeking relief is referred to as the “Relator.” Tex. R. App. P. 52.2. The trial judge is generally the “Respondent.” Tex. R. App. P. 52.2. When seeking mandamus relief, remember that the relator is asking the appellate court to correct an error made by the trial court, not to punish the opposing party, who is referred to as “Real Party in Interest.” Tex. R. App. P. 52.2. When complaining to the appellate court, the focus should be

Apr 2110 min read

Petitions for Writ of Mandamus

In a petition for writ of mandamus, the party seeking relief is referred to as the “Relator.” Tex. R. App. P. 52.2. The trial judge is generally the “Respondent.” Tex. R. App. P. 52.2. When seeking mandamus relief, remember that the relator is asking the appellate court to correct an error made by the trial court, not to punish the opposing party, who is referred to as “Real Party in Interest.” Tex. R. App. P. 52.2. Mandamus is an extraordinary remedy that is only available i

Feb 14, 20237 min read

Discovery Issues and Mandamus Review

The new discovery rules are on everyone’s minds as we begin 2021. For the most part, discovery rulings are “incidental” rulings not subject to mandamus relief, but if the ruling completely hamstrings your ability to present your case or seeks discovery not permitted by the Rules, a petition for writ of mandamus may be necessary to protect your client’s rights. The new rules impose a duty of disclosure without the need for a request; however, the duty can be exempted by agreem

Jan 26, 20212 min read