Gammel's Rules of the Courts of Texas Page: 15 of 70
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TEXAS COURT RULES.
14. When a certified question from a Court of Civil Appeals is
presented to the clerk of this court, he will file and docket it and
send it at once to the consultation room. If thle court should determine
that the question is not properly certified under the statute,
so as to give jurisdiction to answer it, it will be dismissed without
a hearing. Otherwise, it will be set down for argument on a day to
be fixed by the court in regular session.
Rules 12, 14.-Certified Questions.
On certified questions from the Court of Civil Appeals, the Supreme
Court will confine its answers to issues of law presented. San Antonio
Hawkins, 163 S. W. R., 586. See Art. 1522, as amended by Acts 35th
Leg., 1917, p. 141.
It now appears under Article 1522, as amended by Acts 35th Leg., Reg.
Ses., 1917, p. 141, that all causes mentioned in Article 1521, as amended
by said Acts of the 35th Leg., 1917, may be carried to the Supreme Court
either by writ of error or by certificate from the Court of Civil Appeals,
but the Court of Civil Appeals may certify any question of law arising in
any of the above cases at any time they may choose so to do, whether
before or after decision of the case in said court. See, Article 1619
15. Parties desiring a writ of mandamus from this court are required
to cause the petition therefor to be presented to the clerk of
the court, accompanied with a motion that the same be filed and set
down for a hearing, and also 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 opinion that upon the facts stated
in the petition the writ should be awarded, the motion will be
granted: otherwise, it will be overruled by an order made in open
court and entered upon the minutes. The relator shall also file with
his motion a bond with two or more good and sufficient sureties, to
be approved by the clerk of this court, in the sum of fifty dollars;
or, in case he be unable to pay the costs, or give security therefor,
an affidavit in lieu of such bond. Such bond shall be conditioned,
or in case of an affidavit the affidavit shall be such as is required
by the statutes for cost bonds or affidavit in lieu thereof, in suits
in the district court.
16. Attorneys desiring to withdraw papers from the clerk's
office, after the decision of a cause or of an application for writ of
error, to prepare motion for rehearing or for other purpose, shall
first file with the clerk of this court an agreement with opposing
counsel. The clerk is not authorized to send papers from his office
in the absence of such agreement. Transcripts and other papers
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Moffett, James William. Gammel's Rules of the Courts of Texas, book, 1922; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5836/m1/15/: accessed July 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .