Presentment

July 6, 2025

In re Brooks summarizes authority on the practical, and not always remembered, requirement that matters in a mandamus petition have been presented to the trial-court judge; i.e.: “[A] relator may not raise challenges for the first time in a mandamus petition.” The opinion also acknowledges that “[o]n rare occasions we have relaxed this predicate when the circumstances confirmed that the request would have been futile and the refusal little more than a formality.” No. 05-25-00321-CV (July 3, 2025) (mem. op.).