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Rule 383. Original Proceedings (1950)


A petition seeking to institute an original proceeding in the Court of Civil Appeals 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. The motion shall be filed and, together with the petition and argument, if any, sent at once to the consultation room for the action of the court. If the court should be clearly of the opinion that the facts stated in the petition entitle petitioner to the relief sought, the motion will be granted, the petition filed, and the cause placed upon the trial docket. Otherwise the motion will be denied.

Source: New rule.

Order of Oct. 12, 1949, eff. March 1, 1950: Provision for bond or deposit to secure payment of costs, or affidavit in lieu thereof, has been eliminated. See Rule 388-a.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 June 10, 1980, eff. Jan. 1, 1981
  Repealed by order of April 10, 1986, eff. Sept. 1, 1986