Back to Main Page / Back to List of Rules

Rule 388a. Deposit for Costs in Court of Civil Appeals (1981)

TEXT

(a) Upon filing the transcript, the appellant shall deposit with the clerk of the Court of Civil Appeals the sum of $25.00 as costs.

(b) In all proceedings for writs of mandamus, prohibition and other proceedings originating in the Court of Civil Appeals, the relator or petitioner, on filing 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. The petitioner on filing an application for habeas corpus shall deposit with the clerk the sum of $10.00 as costs and if a hearing is set on the application, he shall deposit the additional sum of $15.00 to cover the costs in the Court of Civil Appeals.

(c) 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.

(d) 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 proceedings, unless a record is later filed in the same proceeding, and in that event only an additional deposit of $15.00 shall be required.

(e) If the proper deposit for costs is not tendered, the clerk may decline to file the record, motion, or petition, or the court may dismiss the proceeding; provided that no such deposit shall be required of any party who, under these rules or any applicable statute, is not required to give security for costs. If the appellant has filed in the trial court an affidavit of inability to pay costs and has given the notice required by Rule 355, and any contest of such affidavit has been overruled, he shall be entitled to file the record in the Court of Civil Appeals without making any deposit for costs.

(f) In any proceeding or motion under subdivisions (b), (c), or (d) of this rule, if any party is unable to pay the costs as above required, he shall 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 petition or motion. Notice of such affidavit and any contest thereof shall be governed by the provisions of Rule 355.

Amended by order of June 10, 1980, eff. Jan. 1, 1981: The rule has been rewritten. Habeas corpus is added to the list of original proceedings. The reference to motions for affirmance on certificate is deleted because motions to dismiss or affirm under Rule 387 would be included in “other motions” within subdivision (d). The provision for filing an affidavit of inability to pay costs in the Court of Civil Appeals is limited to original proceedings.