This section contains the nature of the case and procedural background.

Nancy (W) and H were married on Valentine's Day 1996. The couple had four children born in 1996, 1997, 1999, and 2004, and on February 27, 2008, W filed for divorce. On the second day of trial, the trial judge interviewed the three oldest children, in chambers, without counsel or the parents being present. A court reporter was present to take notes. The three interviews lasted less than fifteen minutes. H made an informal request for the transcript of the children's interviews and tendered his cost deposit. This request was denied. The court granted the divorce and awarded W custody of the children. H made a formal request to the court to review the transcript of the children's testimony. The court held a hearing and denied the request. According to W, the trial court indicated that the transcript could be made available for purposes of appeal. H did not appeal. H filed an application and brief for mandamus seeking an order which would direct the trial court to allow him access to the transcript.

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