Back to Main Page / Back to List of Rules

Rule 383. Original Proceedings

TEXT

A petition seeking to institute an original proceeding in the Court of Civil Appeals shall be presented to the clerk, accompanied with a motion for leave to file, and such written argument in behalf of the motion as may be desired. The motion shall be filed and, together with the petition and argument, if any, sent at once to the consultation room for the action of the court. If the court should be clearly of the opinion that the facts stated in the petition entitle petitioner to the relief sought, the motion will be granted, the petition filed, and the cause placed upon the trial docket. Otherwise the motion will be denied. The court, upon filing the motion, may require a bond or deposit in a reasonable amount to secure payment of costs, or an affidavit in lieu of such bond as in appealed cases.

Source: New rule.

AMENDMENTS

Oct. 12, 1949, eff. March 1, 1950

June 10, 1980, eff. Jan. 1, 1981

Repealed by order of April 10, 1986, eff. Sept. 1, 1986.