Chapter 4 - Certiorari to Superior Court

Chapter 4 - Certiorari to Superior Court

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

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