Copyright © 1997 Touch N' Go Systems, Inc. All Rights Reserved. No claim made to official government works.
Copyright © 1997 Touch N' Go Systems, Inc. All Rights Reserved. No claim made to official government works.
Rule 404.Original Applications.
(a) When Filed.
(1) An original application for relief may be filed with the appellate court or a judge or justice thereof in any matter within its jurisdiction, whenever relief is not available from any other court and cannot be obtained through the process of appeal, petition for review, or petition for hearing. Grant of the application is not a matter of right but of sound discretion sparingly exercised.
(2) An original application for relief, if seeking relief in connection with an action or proceeding in a trial court, shall be directed to the appellate court which would have jurisdiction over an appeal from the final judgment of the trial court in that action or proceeding.
(3) An original application for relief, if not ancillary to an action or proceeding in a trial court, may be directed to any appellate court having jurisdiction under the applicable statutes.
(b) Procedure. A party who seeks original relief shall proceed as follows:
(1) The party must file with the clerk of the appellate courts an original and five legible copies of the application, together with such portion of the record and proceedings of the court below as is needed for the purpose ofdetermining whether the relief sought will be granted, a completed docketing statement in the form prescribed by these rules, and proof of service. The application must state the precise nature of the relief sought, and why that relief is not available in any other court, or by petition for review or by appeal.
(2) The application must be served on all other parties to the proceeding in respect of which relief is sought and, if the application pertains to a proceeding in a trial court, on the trial court. If the petitioner seeks an order from the appellate court commanding or restraining an act of a person, agency, or tribunal not a party to the proceedings, the application must also be served on such persons, agencies, or tribunals.
(3) If the application seeks a writ of habeas corpus, it shall comply with the requirements of Civil Rule 86(b), and shall state the reason for not making application to the superior court. The application shall also specifically set forth how the applicant has exhausted all other remedies available by law or rule.
(c) Response. Each respondent shall have ten days after service of the application upon the respondent within which to serve and file an original and five legible copies of the response. The court or a judge or justice thereof may, for good cause shown, extend the time for filing. If the application seeks the issuance of a writ of habeas corpus, response shall be made in accordance with Civil Rule 86(g). When the response is filed, it shall be accompanied by proof of service. Replies and supplemental memoranda will not be received unless ordered by the court. A motion to dismiss the application will not be received. Objections to the exercise of the discretionary power of the court must be included in the response.
(d) Form. The preparation of all original applications and responses thereto shall be governed by Rule 513.5(b).
(e) Consideration by the Court. The application shall be considered in accordance with Rule 403(f) relating to petitions for review.
(f) Petition for Rehearing. A petition for rehearing of the denial of an original application may not be filed.
(SCO 439 effective November 15, 1980; amended by SCO 492 effective January 4, 1982; by SCO 493 effective January 4, 1982; by SCO 584 effective February 1, 1984; by SCO 1153 effective July 15, 1994; and by SCO 1212 effective July 15, 1995)
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Copyright 1997 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 9/7/97