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Rule 485. Bond (1947)

TEXT

When an application for writ of error is filed with the Clerk of the Court of Civil Appeals, the petitioner shall deliver to said Clerk the sum of $10.00 as costs in the Supreme Court, and the Clerk shall forward said deposit to the Supreme Court with the record. If the writ is granted, the petitioner shall deposit with the Clerk of the Supreme Court the additional sum of $25 to cover the costs in the Supreme Court. In all proceedings for writs of mandamus, prohibition, injunction, and other like proceedings originating in the Supreme Court, the petitioner, upon the filing of 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 Supreme Court. In all other original proceedings in the Supreme Court and in all direct appeals from the district court as provided for in Rule 499a, the petitioner shall deposit, upon the filing of the petition or record, the sum of $25 to cover the costs in the Supreme Court.

The court reserves the right to dismiss the proceedings for failure to make proper deposit for costs; provided, however, that no such deposit shall be required of any petitioner who, under these rules or the statutes, is not required to give security for costs. If the appellant is unable to pay the costs as above required, he may make affidavit of his inability to do so and deliver same to the Clerk of the Court of Civil Appeals to be forwarded to the Supreme Court with the record. Contest of such affidavit in the Supreme Court shall be governed by the provisions of Rule 355.

Amended by order of Aug. 18, 1947, eff. Dec. 31, 1947: The previous rule has been completely redrafted and a new procedure has been substituted.