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 application, together with such portion of the record and proceedings of the court below as is needed for the purpose of determining whether the relief sought will be granted, a completed docketing statement in the form prescribed by these rules, and proof of service. An additional five copies of an original application before the supreme court or three copies of an original application to the court of appeals shall be filed, unless a different number is specified by the clerk. 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. If the applicant requests relief by a specific date, the application must contain a statement of the date by which a decision is needed and the reasons why a decision is needed by that date.(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 applicant 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. Within ten days after service of the application, each respondent shall serve and file either a response, or a notice that no response will be filed. An additional five copies of a response to an original application before the supreme court or three copies of a response to an original application before the court of appeals shall be filed, unless otherwise specified by the clerk. 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. As soon as practicable, the court will decide whether to grant or deny the application. Oral argument will not be held on the question of whether the application should be granted. If the application is granted, the order granting the application will specify any further actions to be required. If the court orders further briefing, oral argument will be governed by the procedures set out in Rule 505.(f) Petition for Rehearing. A petition for rehearing of the denial of an original application may not be filed.SCO 439 effective 11/15/1980; amended by SCO 492 effective 1/4/1982; by SCO 493 effective 1/4/1982; by SCO 584 effective 2/1/1984; by SCO 1153 effective 7/15/1994; by SCO 1212 effective 7/15/1995; by SCO 1598 effective 10/15/2006; by SCO 1628 effective 4/16/2007; and by SCO 1718 effective April 2010; amended July 20, 2016 by Supreme Court Order No. 1885, effective 10/15/2016.