Back to Main Page / Back to List of Rules

Rule 474. Original Proceedings


A petition seeking to institute an original proceeding in the Supreme Court shall be presented to the clerk, accompanied with a motion for leave to file, and accompanied with such written argument in behalf of the motion as may be desired. The motion will be filed, and, together with the petition and argument, if any, will be 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 overruled. The court, upon filing the motion, may require a bond or deposit in a reasonable amount to secure payment of costs, or an affidavit in lieu thereof as in cases appealed to the Courts of Civil Appeals.

Source: New rule superseding Texas Rule 18 (for Supreme Court).

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


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

Aug. 18, 1947, eff. Dec. 31, 1947

July 20, 1954, eff. Jan. 1, 1955

April 12, 1962, eff. Sept. 1, 1962

June 10, 1980, eff. Jan. 1, 1981

Repealed by order of April 10, 1986, eff.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