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Rule 485. Deposit for Costs (1984)

TEXT

When an application of writ of error is filed with the clerk of the Court of Appeals, the petitioner shall deliver to said clerk the sum of $50.00 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 $75.00 to cover the costs in the Supreme Court. Upon the filing of a motion for leave to file writs of mandamus, prohibition, injunction and other like pro­ceedings or a motion for an extension of time to file application for writ of error, the petitioner shall deposit with the clerk the sum of $50.00 as costs. If leave to file is granted, he shall deposit the additional sum of $75.00 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 $50.00 as costs and if the case is set by the court for argument the petitioner shall deposit the additional sum of $75.00 to cover the costs in the Supreme Court. In every other proceeding filed in the Supreme Court, the petitioner shall deposit with the clerk the sum of $75.00; provided that 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 $100.00 to cover the costs in the Supreme Court.

The dollar amount for costs for the respective proceedings listed in the preceding paragraph of this rule may vary from time to time and shall be as set by applicable statute, court order or rule.

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 petitioner 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 Appeals to be forwarded to the Supreme Court with the record, and mail a copy of the affidavit to the attorney of record for the respondent. Contest of such affidavit in the Supreme Court shall be governed by the provisions of Rule 355.

Amended by order of Dec. 5, 1983, eff. April 1, 1984: The rule conforms to statutory fee schedules.