Chapter 4. CERTIORARI TO SUPERIOR COURT
20 sections · 5-4-1 to 5-4-20
- 5-4-1 to 5-4-20When certiorari shall lie; exception.
- 5-4-2Petition for certiorari to probate judge generally.
- 5-4-3Petition for certiorari to inferior judicatories generally.
- 5-4-4Petition for certiorari in appeal case tried by jury in justice of the peace court generally.
- 5-4-5Bond and security required; certificate of payment of costs; oath of security; affidavit of indigence.
- 5-4-6Time for application for writ; filing of petition; service of petition and writ.
- 5-4-7Time for filing of answer; manner of service; effect of failure to perfect service.
- 5-4-8Writing or dictation of answer by parties, attorneys, or interested persons; when verification required.
- 5-4-9Filing of traverse or exception to answer; perfection of answer.
- 5-4-10Amendment of petition, bond, answer, and traverse.
- 5-4-11Conduct of hearing generally; trial by jury.
- 5-4-12Grounds of error considered generally; scope of review; technical distinctions abolished.
- 5-4-13Grant of writ for failure to prove venue or time of criminal offense.
- 5-4-14Dismissal or return of writ to lower court with instructions; entry by superior court of final decision where no questions of fact involved.
- 5-4-15Requirement of new trial when writ not answered.
- 5-4-16Recovery of costs by plaintiff where certiorari sustained; recovery of costs by plaintiff where certiorari returned to lower court for new trial.
- 5-4-17Recovery of costs by defendant generally.
- 5-4-18Recovery of damages for frivolous certiorari.
- 5-4-19Operation of writ of certiorari as supersedeas in civil cases.
- 5-4-20Supersedeas of criminal conviction; bond; affidavit of indigence; effect of supersedeas.