Back to Main Page / Back to List of Rules

Rule 474. Original Proceedings (1943)

TEXT

A petition seeking to institute an original proceeding in the Supreme Court shall be presented to the clerk, accompanied with a motion for leave to file, and accompanied with such written argument in behalf of the motion as may be desired. The motion will be filed, and, together with the petition and argument, if any, will be 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 overruled. The clerk, upon filing the motion, shall require a bond or a cashier's or certified check, in the sum of $50.00, to be approved by him, or an affidavit in lieu thereof as in cases appealed to the Courts of Civil Appeals.

Amended by order of June 16, 1943, eff. Dec. 31, 1943: The first part of the last sentence, above.

Note amended by order of April 12, 1962, eff. Sept. 1, 1962: Original rule authorized the court to require a bond or deposit in a reasonable amount to secure payment of costs. This language has been changed to provide that the clerk shall require a bond, cashier's check or certified check in the sum of $50.00, to be approved by him.