Section 9 Control of Judicial Proceedings

• Library: Remedies 2006

Mandamus is frequently used to review discovery orders. When the court orders disclosure of privileged documents, a party may obtain a writ of mandamus directing the trial court to vacate the order. See, e.g., St. Louis Little Rock Hosp., Inc. v. Gaertner, 682 S.W.2d 146, 148 (Mo. App. E.D. 1984). Similarly, mandamus will lie to compel a court to vacate an order sustaining objections to discovery when the matters sought are relevant and neither work product nor privileged. State ex rel. Swyers v. Romines, 858 S.W.2d 862 (Mo. App. E.D. 1993); see also State ex rel. Sw. Bell Publ’ns v. Ryan, 754 S.W.2d 30, 31 (Mo. App. E.D. 1988) (court abused its discretion in upholding discovery objections when the material sought was neither work product nor privileged).

A writ of mandamus...