Two Mandamus Record Tips

In re Andrew Jackson provides two reminders about the record support for a mandamus petition:

1. Rule 52 statement. A petition seeking mandamus relief must contain a certification stating that the relator “has reviewed the petition and concluded that every factual statement in the petition is supported by competent evidence included in the appendix or record.” Tex. R. App. P. 52.3(j). Relator’s petition bears an inmate declaration stating relator does ‘verify and declare under penalty of perjury the foregoing statements are true and correct.’ Thus, relator’s certification does not comply with rule 52.3(j).”
2. Record proveup. When submitting a sworn record in support of a mandamus petition: “The affidavit or unsworn declaration must affirmatively show it is based on the affiant’s personal knowledge. . . . [T]he affidavit or unsworn declaration must state the affiant has personal knowledge that the copies of the documents in the appendix are correct copies of the originals.” (applying In re Butler, 270 S.W.3d 757 (Tex. App.–Dallas 2008, orig. proceeding)).

No. 05-19-01428-CV (Dec. 18, 2019) (mem. op.).