In Re Hicks

The relators have not shown that the trial court clearly abused its discretion by compelling the discovery sought. Under applicable precedent, this court should deny the petition for writ of mandamus in its entirety.

THE BURDEN OF PROOF

In original mandamus proceedings in courts of appeals, relators have the “heavy” burden of presenting a record and petition that show they are entitled to mandamus relief to correct a clear abuse of discretion by the trial court.1 The inquiry mandated by precedent is whether the relators (Hicks and Fazio) have established their entitlement to the extraordinary…