Rule 15.

1997 Rules of Appellate Procedure

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RULE 15. ISSUANCE OF WRIT OR PROCESS BY APPELLATE COURT

15.1 In General.

(a) Signature under seal . A writ or process issuing from an appellate court must bear the court's seal and be signed by the clerk.

(b) To whom directed; by whom served . Unless a rule or statute provides otherwise, the writ or process must be directed to the person or court to be served. The writ or process may be served by the sheriff, constable, or other peace officer whose jurisdiction includes the county in which the person or court to be served may be found.

(c) Return; lack of execution; simultaneous writs . The writ or process must be returned to the issuing court according to the writ's direction. If the writ or process is not executed, the clerk may issue another writ or process if requested by the party who requested the former writ or process. At a party's request, the clerk may issue two or more writs simultaneously.

15.2 Appearance Without Service; Actual Knowledge. A party who appears in person or by attorney in an appellate court proceeding — or who has actual knowledge of the court's opinion, judgment, or order related to a writ or process — is bound by the opinion, judgment, or order to the same extent as if personally served under 15.1.

Notes and Comments
Comment to 1997 change: This is former Rule 17. Nonsubstantive changes are made.

Last modified: November 08, 2001