concurring.
I agree the writ of mandamus should be denied. However, I find no urgency to categorize the documents relator sought to exclude from discovery as privileged or irrelevant.
A mandamus issues only to correct a clear abuse of discretion or violation of a duty imposed by laws where there is no other adequate remedy at law. Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex.1985). A court of appeals acts in excess of its writ power (abuses its discretion) when it grants mandamus relief absent these circumstances. Id. at 917; Peeples v. Honorable Fourth Supreme Judicial District, 701 S.W.2d 635 (Tex.1985); Ginsberg v. Fifth Court of Appeals, 686 S.W.2d 105 (Tex.1985).
TEX.R.CIV.P. 166b(4) provides in part as follows:
Protective Orders. On motion specifying the grounds and made by any per*824son against or from whom discovery is sought under these rules, the court may make any order in the interest of justice necessary to protect the movant from undue burden, unnecessary expense, harassment or annoyance, or invasion of personal, constitutional, or property rights.... (emphasis added)
TEX.R.CIV.P. 166b(4).
It is readily apparent that the rule is not limited to either privileged or irrelevant grounds, but extends to any ground the moving party can show entitles him to the relief available under the rule. This rule, however, must be construed as an exception to the general rule that evidence is admissible and discoverable under our rules of procedure. Therefore, any party who seeks to deny the production of evidence under this rule has the burden to specifically claim the grounds which justify the application of the rule. Peeples v. Honorable Fourth Supreme Judicial District, 701 S.W.2d 635 (Tex.1985); C.G. Griffin v. The Honorable R.L. Smith, 688 S.W.2d 112 (Tex.1985). The party who seeks to exclude documents, records or other matters from discovery under the rule, has the affirmative duty to specifically plead the particular privilege, immunity, or other ground claimed for denial of discovery and request a hearing on the motion. The trial court will determine whether an in camera inspection is necessary. If such inspection is ordered by the trial judge, the material sought to be protected must be segregated and produced to the court. Failure to follow the above procedure constitutes a waiver of any complaint of the trial court’s actions. Peeples, 701 S.W.2d at 637.
Although the court reporter in the trial court recorded the hearing, the relator has failed to provide a transcript of the proceeding to this Court. Therefore, no evidence is before us to establish that the outlined procedure in Peeples was complied with, and the relator has thus waived any complaint of the trial court’s actions. Peeples, 701 S.W.2d at 637.
The relator has failed to show he is entitled to a writ of mandamus.