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Rule 444. Affidavit of Inability


If the party against whom the costs are adjudged shall make affidavit of his inability to pay the same or give security therefor, he may apply to the Court of Civil Appeals in which the case is pending for an order to require the clerk to issue the mandate or to certify the proceedings as the case may be; which motion shall be governed by the provisions of Rule 355.

Source: Art. 1866.

Change: The final wording, making the affidavit and contest thereof subject to the provisions of Rule 355, has been added.

Oct. 29, 1940, eff. Sept. 1, 1941.

Repealed by order of Dec. 5, 1983, eff. April 1, 1984. This rule is without effect in view of amended Rule 442 requiring the clerk to issue the mandate "without waiting for payment of costs." See Rule 442.