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Rule 388a. Deposit for Costs in Court of Appeals (1984)

TEXT

(a) Upon filing the transcript, the appellant shall deposit with the clerk of the Court of Appeals the sum of $50.00 as costs.

(b) In all proceedings for writs of mandamus, prohibition, and other proceedings originating in the Court of Appeals, the relator or petitioner, on filing the motion for leave to file, shall deposit with the clerk the sum of $20.00 as costs, and if the leave to file is granted, he shall deposit the additional sum of $30.00 to cover the costs in the Court of Appeals. The petitioner on filing an application for habeas corpus shall deposit with the clerk the sum of $20.00 as costs and if a hearing is set on the application, he shall deposit the additional sum of $30.00 to cover the costs in the Court of 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.

(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 $40.00 shall be required.

(e) The dollar amount for costs for the respective proceedings listed in the preceding paragraphs of this rule may vary from time to time and shall be as set by applicable statute, court order or rule.

(f) 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 Appeals without making any deposit for costs.

(g) 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 may make affidavit of his inability to do so and deliver it to the clerk of the Court of 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 Dec. 5, 1983, eff. April 1, 1984: The rule conforms to statutory fee schedules.