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Rule 471. Service on Respondent


When an, application for a writ of error from a Court of Civil Appeals to the Supreme Court is filed in the Court of Civil Appeals, the petitioner shall, at the same time deposit with the clerk of said Court of Civil Appeals a true copy of the application and shall notify the attorney of record of the respondent of the deposit of said copy. On request of the respondent or his attorney the clerk shall deliver the copy of the application to the respondent or his attorney of record, who may within ten days thereafter, or within such further time as may be fixed by the Supreme Court, file with the clerk of the Supreme Court an answer thereto. After the expiration of ten days from the date the record is filed in the Supreme Court, or the time extended by the court for answer by the respondent, whether answer be filed or not, the application shall be deemed submitted to the court and ready for disposition.

Source: Arts. 1744, 1881, 1882, and Rule 3 (for Supreme Court).

Change: Omission of provision for final disposition of the case as if the application had been granted, when respondent fails to answer.

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


June 16, 1943, eff. Dec. 31, 1943

March 19, 1957, eff. Sept. 1, 1957

Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 469(h)