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Rule 485. Deposit for Costs (1950)

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 $25.00 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 cases involving petitions for writs of habeas corpus, the petitioner upon the filing of the petition shall deposit with the clerk the sum of $10.00 as costs, and if the case is set by the court for argument the petitioner 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 499-a, the petitioner shall deposit, upon the filing of the petition or record, the sum of $25.00 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 statutes, is not required to give security for costs. If the petitioner 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 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 Oct. 12, 1949, eff. March 1, 1950: The fourth sentence, prescribing the costs in proceedings for writs of habeas corpus, has been added. Minor textual changes have also been made.