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Rule 362. Notice of Petition for Writ of Error

TEXT

When the petition for writ of error and cost bond or affidavit in lieu thereof have been filed, the clerk shall notify the adverse parties thereof by mailing a copy of the petition and bond, or affidavit in lieu thereof, to all parties to the judgment other than the party or parties filing the petition for writ of error, but his failure so to do shall not affect the validity of the appeal. The notification of a party shall be given by mailing copies of such instruments to his attorney of record or, if the party is not represented by an attorney, then to the party at his last known address, and such notification is sufficient notwithstanding the death of the party or his attorney prior to the giving of the notification. The clerk shall note on the file docket the names of the parties to whom he mails the copies, with the date of mailing.

Source: New rule. The provisions for notice by mail are based upon Federal Rule 73 (b).

Change: This rule supersedes Art. 2259 to 2264, inclusive, which heretofore provided for citation on writ of error.

Oct. 29, 1940, eff. Sept. 1, 1941.

Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 360.