Ex Parte City of Montgomery. (in Re Sabrina Jackson, as Administratrix of the Estate of Tony Lewis, Jr. v. City Of…

Summary

The court held that the defendants were entitled to mandamus relief because Jackson did not satisfy the prerequisites for preaction discovery under Rule 27(a). Jackson was able to bring an action, sought discovery to evaluate the potential merits of claims rather than to preserve evidence, and did not show that evidence was at significant risk of being lost. The court also accepted Quality's untimely mandamus petition because it was filed only three business days after the City's timely petition and involved the same order and subject matter.