OPINION
CAMPBELL, Judge.
This is an original mandamus proceeding brought by the Judge of the 297th District Court in Tarrant County (relator),1 to contest the issuance, by the Court of Appeals for the Second Supreme Judicial District (respondent), of a writ of mandamus directing relator to allow discovery of a complainant’s videotaped statement. Relator argues that the act of permitting discovery of evidence is a discretionary act of a trial judge reviewable only on appeal and, therefore, not the proper subject of a writ of mandamus. We agree and will grant relief.
I.
James Dean Reynolds is a defendant currently charged with aggravated sexual assault of a child. He is awaiting trial before the Judge of the 297th District Court. The defendant, through three defense attorneys, filed discovery motions seeking access to videotaped interviews of three complainant children which the State intends to use as evidence at trial.2 Judge Dickens held two hearings on the motions.
In the first hearing on November 2,1984, Reynolds requested, inter alia, that Dr. Helge, a child psychologist, be allowed to view the videotape prior to trial and that a copy of the video tape, at Reynolds’ expense, be made for use by his attorneys. Pursuant to Article 39.14, V.A.C.C.P., Judge Dickens denied both requests. Judge Dickens also rejected an oral request that Dr. Helge be excused from the “rule,” see Article 36.03, V.A.C.C.P., and be permitted to view the tape when it was offered in front of the jury. However, Judge Dickens ordered the State to make arrangements for all three defense attorneys to view the tape. The defense attorneys subsequently viewed the tape on November 7, 1984.
In the second hearing on November 12, 1984, Dr. Helge testified that he had already viewed the videotape on May 9,1984, and had made notes during the viewing. Dr. Helge testified that a second viewing [545]*545of the videotape would be “helpful” and “beneficial.”3 At the conclusion of the hearing, Judge Dickens did not alter his earlier denial of Reynolds’ motions.
After the November 2 hearing, Reynolds sought a writ of mandamus from the Second Court of Appeals. Reynolds v. Dickens, 685 S.W.2d 479 (Tex.App.—Ft. Worth 1985). The Court of Appeals conditionally granted the mandamus with the expectation'“that Judge Dickens will vacate his order denying [Reynolds] the right to secure a copy of the videotape at [defendant’s] expense and denying [Reynolds’] psychologist expert witness [the right] to view such videotape_” Id. at 486. Judge Dickens then filed an application for writ of mandamus with this Court seeking review of the issuance of mandamus by the Second Court of Appeals.4
II.
Under the Texas Constitution, this Court has been granted broad power to issue writs of mandamus:
Subject to such regulations as may be prescribed by law, the Court of Criminal Appeals and the Judges thereof shall have the power to issue the writ of habe-as corpus, and, in criminal law matters, the writs of mandamus, procedendo, prohibition, and certiorari. The Court and the Judges thereof shall have the power to issue such other writs as may be necessary to protect its jurisdiction or enforce its judgments.
Tex. Const., Art. V, § 5 (emphasis added).
Prior to amendment in 1977, this Court only had power to issue writs of mandamus or prohibition to enforce its jurisdiction. Ordunez v. Bean, 579 S.W.2d 911 (Tex.Cr.App.1979). Effective January 1, 1978, this Court acquired the additional power to issue writs of mandamus in cases “regarding criminal matters.” Thomas v. Stevenson, 561 S.W.2d 845 (Tex.Cr.App.1978). The language of Article V, § 5, was further altered in an amendment effective January 1, 1981 by separating the sources of extraordinary writ power into two sentences.5 As reflected in the final text quoted above, the first sentence of Art. V, § 5, supra, grants this Court broad mandamus power “in criminal law matters;” the second sentence grants this Court power to issue “such other writs as may be necessary to protect its jurisdiction or enforce its judgments.” We have since held that these amendments conferred upon this Court general mandamus jurisdiction in criminal law matters “in addition to the previously existent mandamus and prohibition authority to enforce its own jurisdiction.” State ex rel. Wade v. Mays, 689 S.W.2d 893 (Tex.Cr.App.1985).
Article 4.04, § 1, V.A.C.C.P., simply repeats the language of Article V, § 5, supra. Therefore, the legislature has conferred on this Court the same power to issue extraordinary writs as enumerated in Article V, § 5, supra. See Dally and Brockway, Changes in Appellate Review in Criminal Cases Following the 1980 Constitutional Amendment, 13 St. Mary’s L.J. 211, 217 (1981).
In the instant case, the Second Court of Appeals issued a writ of mandamus order[546]*546ing discovery in a pending felony prosecution. That decision clearly required an interpretation of criminal discovery law. Therefore, this case involves a “criminal law matter” that invokes the power of this Court to issue original writs of mandamus under Article Y, § 5, supra.
Reynolds, citing Espinoza v. State, 669 S.W.2d 736 (Tex.Cr.App.1984), argues that this Court has held that review of mandamus actions of the courts of appeals lies in the Supreme Court of Texas. In Espinoza, supra, the defendant sought access to State records through the Open Records Act and filed an application for mandamus with the trial court.6 The trial court denied the application, the defendant was convicted, the court of appeals affirmed, and the defendant sought review of the denial of mandamus in his petition for discretionary review. We denied relief because the defendant, by filing the mandamus as a mere motion in the course of a pending criminal case, did not properly present the mandamus to the trial court. However, in dicta, this Court stated: “Review of a decree or judgment in a mandamus action would be through the appeals process for civil cases.” Id., at 738. In a footnote, we added: “To be distinguished are mandamus actions instituted in this Court under our original mandamus jurisdiction. A mandamus suit filed under Section 8 of the Open Records Act is not such a proceeding.” Id., at n. 1 (emphasis in original).
In Espinoza, supra, we did not hold that all mandamus actions must be reviewed through the civil appeals process. We simply noted, in dicta, that a mandamus under the Open Records Act was a civil matter which does not invoke this Court’s power under “criminal law matter” jurisdiction in Article Y, § 5, supra.
The instant case does not involve a mandamus pursuant to the Open Records Act. The instant case involves a mandamus from a court of appeals ordering criminal discovery in a pending prosecution. We hold that this procedural posture invokes the original mandamus jurisdiction of this Court “in criminal law matters.” Art. V, § 5, supra.
III.
The courts of appeals “shall have such other jurisdiction, original and appellate, as may be prescribed by law.” Tex. Const, art. 5, § 6. The Legislature has provided that “[e]ach court of appeals may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against a judge of a district or county court.” V.T. C.A., Government Code § 22.221(b) (Pamphlet 1987) (emphasis added). Given the plain language of the statute, it would seem that courts of appeals have original jurisdiction to issue writs of mandamus against any judge of a district or county court, without any restriction upon the subject matter of the writ.
A.
Relator argues, however, that the statutory grant of mandamus jurisdiction to the courts of appeals is unconstitutional because the caption to the legislative bill fails to give adequate notice of its effect. See Ex parte Crisp, 661 S.W.2d 956 (Tex.Cr.App.1983). However, we need not decide that issue.
Regardless of the adequacy of the notice given by the caption of the bill granting courts of appeals mandamus jurisdiction, this Court “no longer has the power to declare an act of the legislature unconstitutional due to the insufficiency of its caption.” Baggett v. State, 722 S.W.2d 700 (Tex.Cr.App.1987); see Tex. Const, art. III, § 35(c) (“A law, including a law enacted before the effective date of this subsection, may not be held void on the basis of an insufficient title.”). Therefore, we need not address the adequacy of the title or caption.
B.
Relator also argues that the Legislature did not intend to extend mandamus [547]*547jurisdiction to courts of appeals in criminal law matters. After tracing the legislative history of mandamus jurisdiction, relator concludes that the Legislature only granted the courts of appeals mandamus jurisdiction over civil law matters and not criminal law matters. We disagree.
Section 22.221(b), supra, was “enacted as part of the state’s continuing statutory revision program_” § 1.001(a), supra. It was formerly V.A.C.S., art. 1824 (repealed).7 Codification of Article 1824, supra, into the Government Code was accomplished without any substantive change in the law. See § 1.001(a), supra. Therefore, construction of § 22.221(b), supra, largely depends upon the meaning of Article 1824, supra.
To assure that no substantive changes were effected by the statutory revision program, the Code Construction Act provides that “[i]n construing a statute, whether or not the statute is considered ambiguous on its face, a court may consider[,] among other matters,” the object of the statute, the circumstances surrounding its enactment, its legislative history, former statutory provisions, the consequences of a particular construction and its caption, preamble and emergency provision. V.T.C.A., Government Code § 311.023 (Pamphlet 1987) (emphasis added).8 Therefore, “[i]f there is an obvious and unreconcilable difference between the revised law and the source law, the court has authority to consider the prior statute and apply the law as originally intended.” Collins, Continuing Statutory Revision: Where Did the Civil Practice and Remedies Code Come From?, 50 Tex.B.J. 134, 136 (1987).
The language of § 22.221(b), supra, closely follows the language of Article 1824, supra. Therefore, we need not rely upon code construction aids to resolve any apparent conflicting language between these two statutes. We need only decide whether the Legislature intended to provide courts of appeals with mandamus jurisdiction over criminal law matters when it passed Article 1824, supra, and codified that statute in § 22.221(b), supra.
In interpreting a statute, a court must “diligently attempt to ascertain legislative intent_” § 312.005, supra. As we noted above, the Code Construction Act suggests several methods for determining that intent, even when the statutory language is unambiguous. However, the rules of the Code Construction Act are merely permissive. They “are not exclusive but are meant to describe and clarify common situations in order to guide the preparation and construction of codes.” § 311.003, supra. Consequently, common law rules of statutory construction may also be applied.
Under common law, the primary indicator of legislative intent is the language of the statute. Jones v. Del Andersen & Associates, 539 S.W.2d 348, 350 (Tex.1976); Second Injury Fund v. Keaton, 162 Tex. 250, 345 S.W.2d 711, 714 (1961) (“The intention of the legislature in enacting the statute must be ascertained from the language of the statute itself.”). Furthermore, if the language of the statute provides a clear statement of the law, a court must not proceed any further. Minton v. Frank, 545 S.W.2d 442, 445 (Tex.1976); Ex parte Roloff, 510 S.W.2d 913, 915 (Tex.1974); Railroad Commission of Texas v. Miller, 434 S.W.2d 670, 672 (Tex.1968); Fox v. Burgess, 302 S.W.2d 405, 409 (Tex.1957) (“... the statute is plain and unambiguous, therefore the rules of construction sought to be applied by the respondents are inappropriate.”); Simmons v. Arnin, 110 Tex. 309, 324, 220 S.W. 66, 70 (Tex.1920); Salas v. State, 592 S.W.2d 653, 656 (Tex.Civ.App.—Austin 1979); City of Nassau Bay v. Winograd, 582 S.W.2d 505, 508 (Tex.Civ.App.—Houston [1st] 1979); City of Fort Worth v. Westchester House, Inc., 274 [548]*548S.W.2d 732, 736 (Tex.Civ.App—Fort Worth 1955).
In Simmons v. Amim, supra, the Supreme Court provided a compelling explanation of a court’s duty with regard to accepting plain, unequivocal statutory language:
Courts must take statutes as they find them. More than that, they should be willing to take them as they find them. They should search out carefully the in-tendment of a statute, giving full effect to all of its terms. But they must find its intent in its language, and not elsewhere. They are not the law-making body. They are not responsible for omissions in legislation. They are responsible for a true and fair interpretation of the written law. It must be an interpretation which expresses only the will of the makers of the law, not forced nor strained, but simply such as the words of the law in their plain sense fairly sanction and will clearly sustain.
“When the courts abandon the plain, ordinary and customary meaning of words in common usage, statutory construction rests upon insecure and obscure foundations at best.” Byke v. City of Corpus Christi, 569 S.W.2d 927, 932 (Tex.Civ.App.—Corpus Christi 1978). Consistent with that principle, this Court has held that it could not, “under the guise of statutory construction, ... write into [a] statute that which obviously is not contained therein.” Miles v. State, 157 Tex.Cr.R. 188, 247 S.W.2d 898, 899 (1952); see also Schronk v. Gilliam, 380 S.W.2d 743, 746 (Tex.Civ.App.—Waco 1964).
Of course, a court will occasionally rely upon various types of extrinsic evidence to determine legislative intent, e.g., legislative history or bill caption. However, those sources are to be applied only if the language of the statute is ambiguous. Kincheloe v. State, 175 S.W.2d 593, 598 (Tex.Cr.App.1943) (opinion on rehearing) (relying upon plain language of statute rather than contrary intent expressed in emergency clause); Salazar v. State, 169 S.W.2d 169, 170 (Tex.Cr.App.1943) (relying upon plain language of statute rather than contrary intent expressed in caption); see also Republicbank Dallas, N.A., v. Interkal, Inc., 691 S.W.2d 605, 607 (Tex.1985); Cail v. Service Motors, Inc., 660 S.W.2d 814, 815 (Tex.1983); Calvert v. British-American Oil Producing Co., 397 S.W.2d 839 (Tex.1965); Harris v. City of Fort Worth, 180 S.W.2d 131, 133 (Tex.1944); Wallace v. Wolfson, 672 S.W.2d 287, 289 (Tex.App.—1984) (“If a statute is plain and unambiguous there is no need to resort to the various rules of construction.”).
Both Article 1824, supra, and § 22.221(b), supra, specifically provides that the courts of appeals may issue “all” writs of mandamus against a district or county judge. The word “all,” when “construed according to the rules of grammar and common usage,” § 311.011, supra, removes any jurisdictional restriction upon the subject matter of the writ. Therefore, on their face, neither Article 1824, supra, nor § 22.221(b), supra, exclude criminal law matters from mandamus jurisdiction in the courts of appeals. See Wolff v. Thornton, 670 S.W.2d 764, 765 (Tex.App.—Houston [1st] 1984) (“The statute contains no language limiting [courts of appeals’] mandamus jurisdiction • to civil cases.”). Such clear, unrestricted language must be given its plain meaning without resort to whatever speculative conclusions might result from applying statutory construction aids. Therefore, we hold that the courts of appeals, pursuant to § 22.221(b), supra, have mandamus jurisdiction over criminal law matters concurrent with the mandamus jurisdiction of this Court.
IV.
After this Court was granted the broad authority to issue original writs of mandamus in 1978, we adopted the traditional two-part test for determining whether mandamus might issue. State ex rel. Vance v. Routt, 571 S.W.2d 903 (Tex.Cr.App.1978). To obtain relief through writ of mandamus, a relator must establish that 1) no other adequate remedy at law is available and 2) that the act he seeks to compel is ministerial, rather than discretionary, in nature. Id.; see also, Ordunez v. Bean, supra 579 S.W.2d at 913.
[549]*549In the instant case, relator has applied to this Court for a writ of mandamus seeking to vacate the mandamus order of the Second Court of Appeals. Under the test adopted in Vance v. Routt, supra, relator must show that he has no other adequate remedy at law and that the act of the Second Court of Appeals was ministerial in nature.
In Jacolos v. State, 692 S.W.2d 724 (Tex.Cr.App.1985), we held that there is no remedy via petition for discretionary review from an adverse ruling in an original mandamus proceeding.9 Consequently, relator lacks any remedy at law, unless through writ of mandamus. Relator easily meets the “inadequate remedy at law” requirement of the test for issuance of mandamus.
“Mandamus is an extraordinary writ, and is not issued as a matter of right, but rests largely in the sound discretion of the Court.” Callahan v. Giles, 137 Tex. 571, 155 S.W.2d 793, 795 (Tex.1941). The Second Court of Appeals, in issuing a writ of mandamus against relator performed, inter alia, a discretionary act, to wit: it issued a writ of mandamus against a trial court to allow discovery under a new criminal statute of this State. Therefore, relator is unable to meet the ministerial act requirement of the test for issuance of mandamus. Unless an exception allows us to review the discretionary act of the Court of Appeals, mandamus will not lie in this case.
In the short history of this Court’s mandamus jurisdiction in criminal law matters, we have not yet adopted any exception to the traditional two-part test announced in Routt, supra. See Curry v. Gray, 726 S.W.2d 125 (Tex.Cr.App.1987) (opinion on rehearing). However, we noted the possibility of accepting one exception in Houlihan v. State, 579 S.W.2d 213, 218 n. 7 (Tex.Cr.App.1979). In Houlihan, supra, the State sought to circumvent the requirement of the presence of a ministerial act by arguing that the trial court abused its discretion. We found it unnecessary to decide whether such an exception should be adopted in that case, but we noted:
It is axiomatic that the writ of mandamus may not be utilized to revise or correct [an] error in discretion committed in [the] exercise of a judicial duty unless in the particular case there is a clear abuse of discretion. See Womack v. Berry, 156 Tex. 44, 291 S.W.2d 677, 682 (1956); State v. Markle, 363 S.W.2d 332, 335-336 (Tex.Civ.App., Houston 1962).
Houlihan, supra.
The Supreme Court of Texas has adopted the clear abuse of discretion standard for reviewing the mandamus action of a court of appeals in civil cases. Ginsberg v. Second Court of Appeals, 686 S.W.2d 105, 107 (Tex.1985). Discarding the traditional requirement that a ministerial act be the focal point of the trial court’s action before mandamus may issue, the Court held that it had “jurisdiction to review the issuance of the writ of mandamus by the court of appeals, to determine if that issuance constituted a clear abuse of discretion.” Ginsburg, supra (emphasis added). This is consistent with the Supreme Court’s long recognition that:
While it is the general rule that a mandamus will not issue to control the action of an inferior court or public officer in a matter involving discretion, the writ may issue in a proper case to correct a clear abuse of discretion.
Crane v. Tunks, 160 Tex. 182, 328 S.W.2d 434, 440 (1959) (emphasis added). The Supreme Court has recognized that adoption of this exception is particularly important “where the remedy by way of appeal is inadequate.” West v. Solito, 563 S.W.2d 240, 244 (Tex.1978)
We believe that the instant case is a proper case for adoption of this exception. Relator has no remedy by way of [550]*550appeal to this Court. Jacolos, supra. Moreover, under this Court’s present test for issuance of original mandamus in criminal law matters, we would never be able to review mandamus actions of the courts of appeals because those actions could always be characterized as discretionary in nature.10 Such a circumstance, if allowed to continue, would allow the courts of appeals to interpret criminal law in writs of mandamus independent of any review by this Court. This unusual circumstance requires that we use our original mandamus jurisdiction in criminal law matters to determine whether issuance of mandamus by a court of appeals constitutes a clear abuse of discretion. Therefore, we adopt the clear abuse of discretion standard when reviewing the mandamus actions of the courts of appeals and apply it to the instant case. Cf. Ginsburg, supra.
V.
As previously noted, this Court has adopted the traditional two-part test for determining whether mandamus should issue. Routt, supra. We have not altered that requirement except by adoption today of the clear abuse of discretion standard in reviewing the mandamus actions of the courts of appeals; and, in fact, the traditional two-part test adopted in Routt, supra, has been applied on numerous occasions. See Houlihan, supra, and citations therein; Curry v. Gray, supra. On at least two occasions, this Court has applied the traditional two-part test in mandamus actions involving criminal discovery. Texas Dept. of Corrections v. Dalehite, 623 S.W.2d 420, 424 (Tex.Cr.App.1981); Tex. Bd. of Pardons & Paroles v. Miller, 590 S.W.2d 142, 143 (Tex.Cr.App.1979). Therefore, before issuing a writ of mandamus, the Second Court of Appeals was required to find that Reynolds had no other adequate remedy and that he was seeking to compel a ministerial act.
In a criminal case, a defendant’s normal method for challenging pretrial orders is through appeal. See Ex parte Jones, 449 S.W.2d 59 (Tex.Cr.App.1970); Ex parte Conner, 439 S.W.2d 350 (Tex.Cr.App.1969); State v. Parr, 293 S.W.2d 62 (Tex.Cr.App.1956). However, an appeal may become an inadequate remedy from pretrial discovery orders if a relator could not receive relief on appeal. Miller, supra; see also Womack, supra, 291 S.W.2d at 683.
In Miller, supra, a defendant had issued the Texas Board of Pardons and Paroles a subpoena duces tecum requesting all files and letters concerning the defendant. The Board filed a motion to quash the subpoena, claiming a statutory privilege. The trial judge overruled the motion and ordered the Board to turn over the documents to the defendant. The Board then sought a writ of mandamus from this Court to vacate the trial court’s order. We held that the Board did not have any other adequate remedy because the Board could not appeal the trial court’s order. Conceivably, the Board could have refused the order and sought a writ of habeas corpus, after being held in contempt. However, considering the onerous burden placed on the Board by such review, it would not have been an adequate remedy at law.
In the instant case, Reynolds, as the defendant, can seek direct review of relator’s pretrial order on appeal. An appeal provides him with a forum in which he can fully develop his claim and receive a meaningful review.
Reynolds concedes that he has a remedy by way of appeal. However, he argues, and the Second Court of Appeals agreed in [551]*551Reynolds, supra, that his remedy by appeal is inadequate because it does not sufficiently guarantee him the right to discovery prior to his trial. Reynolds, and the Second Court of Appeals in Reynolds, supra, rely exclusively upon Texas Supreme Court cases involving civil discovery to support their argument.
In criminal cases, a defendant “does not have a general right to discovery of evidence in the possession of the State, even if the evidence is [the defendant’s] own statements.” Quinones v. State, 592 S.W.2d 933 (Tex.Cr.App.1980) (emphasis in original); see also Art. 39.14, V.A.C.C.P. After considering the broad discretion granted to the trial judge in discovery under Article 39.14, supra, we have held that the right to discovery is limited to exculpatory or mitigating evidence. Id.
In the instant case, the Second Court of Appeals’ misplaced reliance upon Texas Supreme Court cases interpreting the broader right of a party in civil discovery, see Reynolds, supra, ignored this Court’s holding in Quinones, supra, which limited the rights of a defendant in criminal discovery. Since there is no proof in the record that Reynolds sought to discover exculpatory or mitigating evidence, Reynolds had no right to further discovery prior to trial.11
Reynolds and the Second Court of Appeals offer one final argument for the granting of mandamus as a remedy for the denial of pretrial discovery. They argue that use of mandamus to review discovery orders would provide a more efficient remedy than appeal, insuring a defendant’s opportunity to discover evidence prior to trial. Citing several Supreme Court cases, the Second Court of Appeals in Reynolds, supra 685 S.W.2d at 484, held that remedying discovery error on appeal “falls well short of a remedy that is as ‘equally convenient, beneficial, and effective as mandamus.’ ”, Reynolds, supra at 484, quoting Jampole v. Touchy, 673 S.W.2d 569 (Tex.1984).
We have acknowledged the important purposes of pretrial discovery, “such as the reduction of surprise and the insurance of a fair trial.” Quinones, supra. We have also observed that the better practice is for the State to allow broad discovery. Id. However, a writ of mandamus should not be used to effectuate that purpose. If this Court allowed mandamus to be substituted for appellate review in discovery situations, the trial of cases would be slowed to a crawl, and eventually, mandamus would be substituted for the appellate process in all pretrial matters. As Chief Justice Calvert explained;
There is sound reason why appellate courts should not have jurisdiction to issue mandamus to control or to correct incidental rulings of a trial judge when there is an adequate remedy by appeal. Trials must be orderly; and constant interruption of the trial process by appellate courts would destroy all semblance of orderly trial proceedings. Moreover, with this type of intervention, the fundamental concept of all American judicial systems of trial and appeal would become outmoded. Having entered the thicket to control or correct one such trial court ruling, the appellate courts would soon be asked in direct proceedings to require by writs of mandamus that trial judges enter orders, or set aside orders, sustaining or overruling ... a myriad of interlocutory orders and judgments; and, as to each, it might logically be argued that the petitioner for the writ was entitled, as a matter of law, to the action sought to be compelled.
[552]*552Pope v. Ferguson, 445 S.W.2d 950, 954 (Tex.1969).12
We find, therefore, that appeal is an adequate remedy in criminal cases for determination of the correctness of a trial judge’s pretrial discovery orders. In the instant case, Reynolds failed to show that that appeal would not provide meaningful review or that he was being denied a substantial right prior to trial. Under these circumstances, Reynolds failed to meet the “inadequate remedy at law” requirement for issuance of a writ of mandamus.
Decisions involving discovery in criminal cases are committed to the discretion of the trial court. Quinones, supra 592 S.W.2d at 940; see Art. 39.14, supra. This Court has consistently held that the trial judge’s acts involving discovery pursuant to Article 39.14, supra, are discretionary and, therefore, are not subject to writ of mandamus. Dalehite, supra; Miller, supra. In Dalehite, supra, the Texas Department of Corrections sought a writ of mandamus to direct a trial judge to rescind an order for production of in-camera inspection of records relating to the defendant. We held:
The act by the [trial judge] ordering the production of privileged records for his in camera inspection was an act within the trial court’s discretion, Texas Board of Pardons and Paroles v. Miller, supra; therefore, this Court is without authority to issue a writ of mandamus ordering the respondent to rescind his order.
Dalehite, supra.
In the instant case, Reynolds was denied discovery by the trial judge. He sought a writ of mandamus ordering the trial judge to vacate his order. Reynolds sought to remedy a discretionary act of the trial judge through writ of mandamus. Therefore, the Second Court of Appeals was without authority to issue mandamus.
Reynolds argues that, even if the trial judge’s denial of discovery under Article 39.14, supra, is discretionary, Article 38.-071, § 2(a)(7), V.A.C.C.P., places a mandatory duty upon the trial court to allow discovery of a videotape before trial.13 Reynolds concludes, therefore, that he meets the “ministerial act” requirement for seeking mandamus.
Article 38.071, supra, was recently added to the Code of Criminal Procedure and became effective August 29, 1983. See Acts 1983, 68th Leg., p. 3828, ch. 599, § 1. This is the first opportunity that this Court has had to interpret § 2(a)(7), supra.
Article 38.071, supra, governs the use of recorded oral statements or testimony of a child 12 years of age or younger in a prosecution of an offense alleged to have been committed against that child. Article 38.071, § 2(a)(l)-(8), supra, requires that the State meet eight requirements before offering the recorded statement into evidence. To meet the seventh requirement, Article 38.071, § 2(a)(7), supra, the State must make available the taped statement [553]*553of the complainant to the defendant or the defendant’s attorney before offering it into evidence.
In the instant case, Reynolds interprets this seventh requirement as giving him the right, through discovery, to receive a copy of the tape prior to trial and the right to show the tape to his expert witness prior to trial. Reading Article 38.071, § 2(a)(7), supra, broadly, Reynolds argues that the seventh requirement places a ministerial duty upon the trial judge to order such discovery.
We reject Reynolds’ interpretation of Article 38.071, supra. His claim is not supported by the clear language of Article, 38.071, supra. Article 38.071, supra, simply enumerates the requirements for admissibility of a recorded statement of a child 12 years of age or younger for use at a trial where an offense is alleged to have been committed against that child. It is not a new vehicle for discovery.
In the instant case, if the State intends to offer a videotape statement under Article 38.071, supra, then the State must meet all eight admissibility requirements. This means, inter alia, that at some point prior to offering the tape at trial the State, pursuant to Article 38.071, § 2(a)(7), supra, must allow Reynolds or his attorneys an opportunity to view the tape. Since all three defense attorneys and the expert witness have already viewed the videotape, the State has met the seventh requirement. Therefore, any argument that Reynolds might make regarding the ministerial duty created by Article 38.071, § 2(a)(7), supra, is moot. The trial judge has already satisfied the seventh requirement.
Any discovery beyond the admissibility requirements of Article 38.071, supra, is governed by the broad discretion granted to the trial judge in Article 39.14, supra. Reynolds’ request that he be given a copy of the tape was denied by Judge Dickens pursuant to his discretion under Article 39.14, supra. No ministerial act was involved when he made that decision.
We find, therefore, that Reynolds did not seek to compel a ministerial act through writ of mandamus. The Second Court of Appeals, by ordering relator to vacate his order denying discovery, failed to require Reynolds to meet the ministerial act requirement before issuing mandamus.
The Second Court of Appeals failed to follow either part of the two-part test adopted by this Court in Routt, supra, for deciding whether mandamus may issue. Reynolds had an adequate remedy by way of appeal and did not seek to compel relator to perform a ministerial act. Therefore, we find that the issuance of mandamus by the Second Court of Appeals was a clear abuse of discretion.
We conditionally grant relator’s application for a writ of mandamus. If the Court of Appeals does not withdraw its order of mandamus, then writ will issue.
WHITE, J., concurs in result.