Main Practice Contacts

Lynne Liberato
+1 713.547.2017


Nina Cortell
+1 214.651.5579


Karen S. Precella
+1 817.347.6620

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Mandamus and Interlocutory Appeals

Haynes and Boone's appellate lawyers frequently make trips to the appellate courts even before trial begins. Mandamus actions and interlocutory appeals address procedural and legal issues at crucial turning points in cases. Often, they require swift action and a request for emergency relief from the appellate court. Trial lawyers depend not only on our appellate lawyers' knowledge of the procedural intricacies that govern these fast-moving proceedings but also our persuasive writing that cuts to the heart of the issues.

Original proceedings, most commonly petitions for writ of mandamus, are meant to protect a variety of procedural and substantive rights that will be lost if resolution of the dispute awaits appeal after final judgment. Our lawyers know how to craft mandamus petitions that convince an appellate court to hear these matters. Conversely, through our mastery of mandamus procedure, we work to expeditiously defeat the other side's request for mandamus relief and minimize the corresponding expense and delay of further proceedings.

Interlocutory appeals - pre-judgment appeals authorized by statute - are commonly filed to challenge temporary injunctions, class certifications, claims of governmental immunity, medical expert reports, special appearances, and denials of summary judgments for media defendants. As with original proceedings, these appeals frequently involve highly technical requirements and often must be accompanied by a request for temporary relief to avoid impending action by a trial or appellate court. Our experience in these areas provides a solid footing for pursuing or defending interlocutory appeals.

Examples of mandamus and other original proceedings handled by our appellate lawyers have included disputes over the following:


  • Jurisdiction, including jurisdiction of a court or administrative agency;
  • Contractual and statutory dispute resolution provisions, including forum selection, jury waiver and arbitration clauses;
  • Venue and forum non conveniens;
  • Procedural requirements, including shareholder derivative pre-suit demand letters, statutory medial expert reports and disqualification of counsel;
  • Discovery orders, including quashing depositions, preventing disclosure of trade secrets and privileged documents, and dissolving invasive environmental testing orders;
  • Best interests of the children in family law cases;
  • Abatement or stay of trials; and
  • Post-verdict orders, including void orders granting a new trial.