Mandamus Remedy Elements
"Mandamus is the 'proper means of review to determine whether a trial court has abused its discretion in ordering discovery, in resolving discovery matters, and in issuing discovery orders so as to prevent an abuse of the discovery process by either party.'" Ex parte Compass Bank, 686 So. 2d 1135, 1137 (Ala. 1996), quoting Ex parte Mobile Fixture & Equip. Co., 630 So. 2d 358, 360 (Ala. 1993).
Mandamus is an extraordinary remedy and one seeking it must show:
(1) a clear legal right to the order sought;
(2) an imperative duty upon the respondent to perform, accompanied by a refusal to do so;
(3) a lack of another remedy;
(4) properly invoked jurisdiction of the court. Id. This Court has held:
"Because discovery involves a considerable amount of discretion on the part of the trial court, the standard this Court will apply on mandamus review is whether there has been a clear showing that the trial court abused its discretion. Rule 26(c), Ala.R.Civ.P., recognizes that the right to discovery is not unlimited, and the trial court has broad powers to control the use of the process to prevent its abuse by any party."