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Rule 388a. Deposit for Costs in Court of Civil Appeals (1957)

TEXT

When the record in an appeal or writ of error is filed with the clerk of the Court of Civil Appeals from within its Supreme Judicial District, the appellant shall deposit with the clerk the sum of $25.00 as costs in the Court of Civil Appeals. In all proceedings for writs of mandamus, prohibition, injunction, and other like proceedings originating in the Court of Civil Appeals, the petitioner, upon the filing of the motion for leave to file, shall deposit with the clerk the sum of $10.00 as costs, and if the leave to file is granted, he shall deposit the additional sum of $15.00 to cover the costs in the Court of Civil Appeals. In a proceeding for an extension of time for filing a record on appeal or writ of error, or to direct the clerk to file a record on appeal or writ of error, the movant, upon the filing of the motion, shall deposit with the clerk the sum of $5.00 as costs, and if the extension of time is granted, or the record is ordered filed, and the record is subsequently filed pursuant to such order, the appellant shall deposit with the clerk the additional sum of $20.00 to cover the costs in the Court of Civil Appeals, and no further deposit for costs in the Court of Civil Appeals will be required. No deposit will be required on a second or subsequent motion to file or to extend the time for filing a record.

Upon motion for affirmance by certificate under Rule 387, the appellee shall deposit the sum of $10.00 upon the filing of the certificate and motion to affirm thereon, and such deposit shall cover all costs in the Court of Civil Appeals by reason of such proceeding. Upon the filing of other motions or proceedings not specifically enumerated herein, when no record is filed with the clerk, the party filing such motion or proceeding shall deposit the sum of $10.00 with the clerk, which deposit shall cover all costs in such proceeding.

The court may dismiss a proceeding for failure to make proper deposit for costs; provided, however, that no such deposit shall be required of any party who, under these rules or the statutes, is not required to give security for costs. If any party is unable to pay the costs as above required, he may make affidavit of his inability to do so and deliver it to the clerk of the Court of Civil Appeals simultaneously with the tender of the record, petition, or motion. Contest of such affidavit in the Court of Civil Appeals shall be governed by the provisions of Rule 355. If the appellant has filed in the trial court an affidavit of inability to pay costs as required by Rule 355, then he shall be en­titled to file the record in the Court of Civil Appeals without making an additional affidavit in that court.

Amended by order of March 19, 1957, eff. Sept. 1, 1957: Last sentence of second paragraph added.