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Rule 474. Original Proceedings (1947)

TEXT

A petition seeking to institute an original proceeding for writ of mandamus, prohibition, injunction, and other like proceedings in the, Supreme Court 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 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 set out 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.

If the leave is granted, the petitioner shall deliver to the opposite party a copy of the petition and advise the clerk that he has done so, or deliver to the clerk an extra copy for delivery to the opposite party. The clerk shall give notice of the filing of the petition to the opposite party or his attorney of record by mail, or give such other notice as may be ordered by the court.

A motion for leave to file petition for mandamus to compel the Court of Civil Appeals to certify a question of law shall be filed in the Supreme Court within 15 days after the overruling of the motion to certify by the Court of Civil Appeals.

Amended by order of Aug. 18, 1947, eff. Dec. 31, 1947: The original proceeding has been characterized and other alterations have been made in the first paragraph of a minor textual nature. The former sentence commencing "The clerk" and ending "Courts of Civil Appeals" has been eliminated. The paragraph commencing "If the leave" and ending "by the court" and the one commencing" A motion for leave" and ending "Court of Civil Appeals" have been added.

Note amended by order of April 12, 1962, eff. Sept. 1, 1962: The original proceeding has been characteriz­ed and other minor textual changes made. The sentence dealing with the bond or deposit for costs or affidavit in lieu thereof has been deleted. Provisions have been added requiring that a copy of the petition be delivered to the opposite party or the clerk if leave ill granted, that the clerk give notice of the filing of the petition to the opposite party by mail or as may be ordered by the court, and that a motion for leave to file a petition for writ of mandamus to compel certification of questions be filed within 15 days after overruling of the motion to certify by the Court of Civil Appeals.