Joyce Barnes, Relator v. the Honorable John Whittington, Judge, Respondents

Summary

The Texas Supreme Court held that the trial court abused its discretion by deeming routine administrative hospital records privileged, and therefore granted the mandamus relief ordering the protective order vacated. The Court affirmed that the party asserting the privilege bears the burden of proof and that unaffixed affidavits cannot support a privilege claim. A concurring opinion agreed with the result but criticized the majority's privilege test.