Rule, please.

Originally published by David Coale.

In In re Drummond, the Fifth Circuit granted a writ of mandamus to require a trial court ruling on two long-dormant motions. It reasoned: “‘A writ of mandamus may issue only if (1) the petitioner has “no other adequate means” to attain the desired relief; (2) the petitioner has demonstrated a right to the issuance of a writ that is “clear and indisputable;” and (3) the issuing court, in the exercise of its discretion, is satisfied that the writ is “appropriate under the circumstances.”‘ In this case, all three requirements are easily met. This case has been pending on the district court’s docket for over nine years. Moreover, the two motions identified in the petition have been pending for approximately four years. We recognize that this is a complex matter and district court judges have broad discretion in managing their dockets. ‘However, discretion has its limits.’” No. 17-20618 (March 23, 2018) (citations omitted). (By way of comparison, I was involved in a similar mandamus petition in the El Paso Court of Appeals, In re: Mesa Petroleum Partners, No. 08-17-00095-CV (Nov. 9, 2017)).

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