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Rule 474. Original Proceedings Other Than Habeas Corpus (1962)

TEXT

A petition seeking to institute an original proceeding in the Supreme Court, other than a petition for writ of habeas corpus, 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. Unless the petitioner or his attorney certifies that copies of the motion, petition and argument, if any, have theretofore been delivered to the opposite party, extra copies shall be deposited with the Clerk for delivery to the opposite party. 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. The Court may request the opposite party to submit a reply, and in that event the Clerk will so advise such party. When it appears that the petitioner may be unduly prejudiced by delay, or if the Court concludes for any other reason that a reply should not be requested, it will act upon the motion without giving prior notice to the opposite party. In either case if the Court is of the tentative opinion that the facts set out in the petition and reply, if any, entitle petitioner to the relief sought, the motion will be granted, the petition filed, and the cause placed upon the docket. Otherwise the motion will be overruled. If the motion is granted, the Clerk will 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. Any copies of the motion, petition and argument that have been left with the Clerk for delivery to the opposite party will be delivered to the latter at the time his reply is requested or when notice of the filing of the petition is given.

Amended by order of April 12, 1962, eff. Sept. 1, 1962: Characterization of original proceedings deleted and petition for writ of habeas corpus expressly excepted from provisions of rule. Petitioner required to deliver extra copies of motion, petition and argument to clerk when motion is presented for filing unless he certifies that same have been delivered to opposite party. The present practice of the court in requesting the opposite party to submit a reply in some cases, and in acting on the motion without prior notice to the opposite party in other cases, has been recognized. Provision for delivery of extra copies left with clerk has been added, and other minor textual changes have been made. The notes regarding prior amendments have been rewritten.