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Rule 474. Original Proceeding (1955)


A petition seeking to institute an original proceeding for writ of mandamus, prohibition, injunction, and other like proceedings in the Supreme Court 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 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 set out 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.

If the leave is granted, the petitioner shall deliver to the opposite party a copy of the petition and advise the clerk that he has done so, or deliver to the clerk an extra copy for delivery to the opposite party. The clerk shall give notice of the filing of the petition to the apposite party or his attorney of record by mail, or give such other notice as may be ordered by the court.

Amended by order of July 20, 1954, eff. Jan. 1, 1955: Last paragraph eliminated.

Note amended by order of April 12, 1962, eff. Sept. 1, 1962: Paragraph dealing with mandamus to compel certification of questions eliminated.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 April 12, 1962, eff. Sept. 1, 1962
June 16, 1943, eff. Dec. 31, 1943 June 10, 1980, eff. Jan. 1, 1981
Aug. 18, 1947, eff. Dec. 31, 1947 Repealed by order of April 10, 1986, eff. Sept. 1, 1986