Sometimes it seems like the trial court is taking forever to rule on a pending motion. Most of the time, the best option – apart from friendly check-ins with the court clerk – is to wait patiently.

But what if the lack of a ruling begins to prejudice your client and your ability to try the case because of pending deadlines?

Because ruling on a properly pending motion is a ministerial act, mandamus relief may be available. But trial counsel needs to be careful in navigating through the process.

There are several steps to set up a mandamus.

• Properly preserve the issue for review. This entails making a timely request for relief from the court – a written motion, objection, or other request – that is both sufficiently specific to let the court know what relief is sought and complies with the applicable procedural or evidentiary rules.
• Be sure the trial court has actually “refused” to rule on the requested relief. This means more than just the court passing on ruling. The more explicit it is that the trial court, after a reasonable time, is refusing to rule, the better. If the trial court declines to rule on a motion after repeated requests and despite explicit, not implicit, requests to rule, the trial court has refused to rule.
• Object to the court’s refusal to rule – either in person or by objection filed with the clerk. Create a record to show the court of appeals that the trial court was well aware of the request but, after a reasonable time, refused to rule.
• Seek mandamus relief with the court of appeals. Remember that even if the mandamus is successful, all the court of appeals will do is order the trial court to rule – it cannot tell the court how to rule.