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Rule 385a. Court Unable to Take Immediate Action (1961)


The inability of any Court of Civil Appeals having jurisdiction of a cause, matter, or controversy requiring immediate action to take such immediate action by reason of the illness or absence or unavailability of at least two of the justices thereof may be established either by the certificate of the clerk or any justice of such Court of Civil Appeals, or by the affidavit of counsel for any party to such proceeding establishing the facts to the satisfaction of the Court of Civil Appeals from which immediate action is sought. In determining the nearest Court of Civil Appeals within the meaning of Article 1819 of the Revised Civil Statutes, as amended, its straightline distance from the courthouse of the county where such cause, matter, or controversy is or was last pending in the trial court shall govern. A Court of Civil Appeals is available to take immedi­ate action under the provisions of said Article when two or more justices thereof, not disqualified, are present for duty or can readily become present for duty within the time when such action must be taken. If the inability of the nearest Court of Civil Appeals to take such immediate action is also established in the manner hereinabove provided, such action may be taken by the Court of Civil Appeals next nearest to such courthouse.

Note: New Rule. Adopted in conformity to Article 1819 as amended by Acts 1957, 55th Leg., P. 1279, Ch. 426, Sec. 1.

July 26, 1960, eff. Jan. 1, 1961.

Repealed by order of April 10, 1986, eff. Sept. 1, 1986.