In re Amendments to Okla. Supreme Court Rules

Full title: IN RE AMENDMENTS TO OKLAHOMA SUPREME COURT RULES

Court: SUPREME COURT OF THE STATE OF OKLAHOMA

Date published: Jul 1, 2013

2013 OK 67 (Okla. 2013)

Opinion

07-01-2013

IN RE AMENDMENTS TO OKLAHOMA SUPREME COURT RULES

Colbert

NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS.

UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.

ORDER

On June 14^th, 2013, the Oklahoma Supreme Court in Conference approved the following amendments to the Oklahoma Supreme Court Rules, Okla. Stat. tit. 12, ch. 15, app. 1, by the following vote:

th day of July, 2013.

CONCUR: Colbert, C.J., Reif, V.C.J., Watt, Winchester, Taylor, Edmondson, Combs, JJ.

NOT VOTING: Kauger, Gurich, JJ.

These amendments are effective August 1, 2013.

DONE BY ORDER OF THE SUPREME COURT this 1

CHIEF JUSTICE

Oklahoma Supreme Court Rule

RULE 1.1 – TITLE, CITATION, SCOPE, EFFECTIVE DATE OF RULES AND UNSETTLED PROCEDURE

(a) Title and Citation. These rules shall be known as the Oklahoma Supreme Court Rules, and may be cited "Okla.Sup.Ct.R. [Rule Number]."

(b) Scope and Effective Date. These rules govern proceedings in the Oklahoma Supreme Court and in the Oklahoma Court of Civil Appeals. These rules also have application to certain proceedings in lower tribunals which are incident to appeal or review from decisions of such tribunals.

The rules of general application, Part I of these Rules, shall apply to all proceedings before the Court of Civil Appeals and the Supreme Court.

These rules shall govern all proceedings commenced in the Oklahoma Supreme Court on and after January 1, 1997. In proceedings pending on the effective date, the parties shall comply with these rules to the extent possible.

(c) Unsettled Procedure. Any point of practice or procedure which stands unsettled by statutory or decisional law and is not specifically addressed by these rules will be resolved by the Supreme Court as the orderly administration of legal process may require.

(d) Review of Online District Court Dockets. The court may review information found on Oklahoma district court appearance dockets posted on the World Wide Web, such as on www.oscn.net or www.odcr.com, or on the Oklahoma Unified Case Management System (OUCMS)in order to enhance the court's ability to inquire into and protect its jurisdiction. The court's present-day capacity to conduct an exploratory review of district court records does not diminish one iota the parties' duty to provide for this court an adequate record for corrective relief by appeal or otherwise to comply with these Rules.

(e) Electronic Filing, Service, and Signature.

(1) Electronic Filing. Whenever these rules require a pleading, motion, document, or other instrument to be filed or delivered to the C lerk of the Supreme Court , such requirement may be satisfied by electronic filing as authorized by the Rules for Electronic Filing in the Oklahoma Courts, and / or any other applicable statute or court rule.
(2) Electronic Service. Whenever these rules require a pleading, motion, document or other instrument to be served, mailed, transmitted, or issued, such requirement may be satisfied by electronic methods as authorized by the Rules for Electronic Filing in the Oklahoma Courts, and any other applicable statute or court rule. As used in these rules, the term "mail , " "mailing" or "mailed" shall include transmission by electronic mail, when authorized by the Rules for Electronic Filing in the Oklahoma Courts, and /or any other applicable statute or court rule.
(3) Electronic Signature. Whenever these rules require a pleading, motion, document, or other instrument to be signed, verified, certified, or otherwise authenticated, such requirement may be satisfied by electronic methods as authorized by the Rules for Electronic Filing in the Oklahoma Courts, and any other applicable statute or court rule. Pleadings, motions, affidavits, or other instruments which are signed under penalty of perjury, or notarized may be filed electronically, pursuant to the Rules for Electronic Filing in the Oklahoma Courts and/ or other applicable court rule or statute.
(4) Hard Copies of Electronically Filed Documents. Whenever these rules require an original and specific number of copies to be filed or delivered to the court clerk , the number of copies in addition to the original, if any, required by the Rules for Electronic Filing in the Oklahoma Courts shall suffice when filing electronically .
(5) Whenever these rules reference the " Rules for Electronic Filing in the Oklahoma Courts, " such reference shall mean the " Oklahoma Rules for E-Filing in Selected Pilot Courts " (See Supreme Court Administrative Directive No. SCAD-2012-36, RE Rules for Electronic Filing in the Oklahoma Courts Selected as Pilot Courts, 2012 OK 61) and any subsequent versions or amendments of those rules as the Supreme Court may approve from time to time.

RULE 1.2 – EFFECT OF FAILURE TO COMPLY WITH RULES AND ORDERS

Compliance with these Oklahoma Supreme Court R rules and the Rules for Electronic Filing in the Oklahoma Courts is required. In case of failure to comply with any rule or order of the Court, the Court may continue or dismiss a cause, reverse or affirm the judgment appealed, render judgment, strike a filing, assess costs or take any other action it deems proper.

RULE 1.3 – COMPUTATION OF TIME

In computing any time period as prescribed by these rules the first day shall be excluded and the last included to complete the period. When the last day of the period so computed falls on a day when the court clerk's office at which the act is to be performed or the instrument is to be filed is not open during the full business day (until 4:00 p.m.), the period shall stand extended to include the next ensuing full business day. 12 O.S.Supp.1998 § 2006. The additional time of three (3) days granted by 12 O.S.Supp.1998 § 2006(D) is not applicable to the time periods described in these rules, except that the three day period will apply in computing the time to file a post-trial motion in district court after having been served with the judgment, decree or final order by mail as prescribed in 12 O.S.Supp.1998 § 990.2(C).When the period of time prescribed or allowed is less than eleven (11) days, intermediate legal holidays and any other day when the office of the Supreme Court Clerk does not remain open for business until the regularly scheduled closing time, shall be excluded from the computation.

RULE 1.4 – SUPREME COURT CLERK, FILINGS, MAILING, COPIES, AND NOTICE TO PARTIES

(a) Supreme Court Clerk.

All briefs, motions, and other papers are to be filed with the Clerk of the Supreme Court. The Clerk of the Supreme Court shall serve ex officio as Clerk of the Court of Civil Appeals. See Rule 1.172.
The Clerk shall not allow an original opinion to be removed from the Office of the Clerk. The Clerk shall not allow an original motion, pleading, or record to be taken from the Office of the Clerk without an order of the Court or one of the Justices thereof.

(b) Filings.

(1) Form. The pages of all filings shall be numbered unless excused by a specific rule herein. The forms provided by Rule 1.301 shall be used when applicable.
(2) Time for Filing. Except for petitions in error, petitions for review, and petitions for certiorari mailed in conformance with Rule 1.4(c), all briefs, motions, petitions, and other papers shall be deemed filed on the date of receipt by the Clerk of the Supreme Court during regular office hours, Monday through Friday between 8:00 A.M. and 5:00 P.M., state holidays excluded., at the State Capitol. Any documents which are e lectronically filed after 5:00 P.M. will be deemed filed the next business day.

(c) Petition in Error, Petition for Review of an Order of the Workers' Compensation Court, Petition for Certiorari to the Court of Civil Appeals, Costs, and Mailing.

A petition in error, petition for review, or petition for certiorari may be filed either by delivery to the Clerk of the Supreme Court, or by deposit with the United States Postal Service, or by delivery with a third party commercial carrier, and addressed to the Clerk of the Supreme Court, Oklahoma Judicial Center, 2100 Room B-2, State Capitol Bldg., 2300 N. Lincoln Boulevard, Suite 4, Oklahoma City, OK, 73105, or Clerk of the Supreme Court, P.O. Box 53126, Oklahoma City, OK 73152. See Rule 1.4(e). When a petition is delivered to the Clerk for filing it must be delivered at the Office of the Clerk of the Supreme Court during regular office hours, Monday through Friday between 8:00 A.M. and 5:00 P.M., state holidays excluded, at the State Capitol or as provided in the Rules for Electronic Filing in the Oklahoma Courts.
When a petition is delivered to the Clerk by the United States Postal Service, the date of mailing as shown by the postmark or other proof from the post office, such as the date stamped by the post office upon a certified mail receipt, will be deemed to be the date of filing the petition. Whitehead v. Tulsa Public Schools, 1998 OK 71, 968 P.2d 1211. When a petition is mailed through the United States Postal Service, a postmark date from a privately owned postage meter or commercial postage meter label will not suffice as proof of the date of mailing and, in the absence of other proof of date of mailing from the United States Postal Service, a document bearing only such a postmark will be deemed filed upon date of delivery to the Clerk. The Court may require the party or person who mailed a petition to the court to provide proof from the United States Postal Service showing date of mailing.
When a petition is delivered to the Supreme Court Clerk by a third-party commercial carrier, the petition must be received by the carrier from the party on or before the last day the petition may be timely filed with the Clerk. The party must require the third-party commercial carrier to deliver the petition , and the petition must be received by the carrier for delivery to the Supreme Court Clerk within three calendar days. The date the third-party commercial carrier receives the petition for delivery to the Supreme Court Clerk shall be deemed the date of filing with the Clerk when the third-party commercial carrier provides documentation with delivery to the Clerk showing the date the petition was received by the carrier. If the third-party commercial carrier does not provide the date the document was received by the carrier, the Court will require the person who sent the petition to submit a notarized statement or declaration in compliance with 12 O.S.Supp.2002 § 426 setting out the details of the filing and stating that the filing took place on a particular date within the permitted time. Documentation of the date a petition is received by a third-party commercial carrier shall be by a document showing the actual date of receipt, and the date of receipt must be affixed or printed on the document by the third-party commercial carrier. A date of receipt on a document that may be affixed or printed thereon by anyone other than a third-party commercial carrier shall not be used as documentation of date of delivery to the carrier for the purposes of Rule 1.4.
The date a petition is mailed or date of receipt by a third-party commercial carrier shall be deemed the date of its filing only when it is mailed or received by the third-party commercial carrier in accordance with this rule, and when it is properly addressed to the Clerk of the Supreme Court and contains sufficient postage. Where a petition is mailed or delivered by third-party commercial carrier following the requirements of this rule, the petition shall not be deemed filed on the date of mailing or receipt by the commercial carrier unless the full amount of the required cost deposit for filing the petition, or properly executed pauper's affidavit, has also been mailed or received by the commercial carrier, conforming to the same requirements for mailing or receipt by the commercial carrier, or such cost deposit or affidavit is actually delivered to the Court Clerk within the time period for perfecting the appellate procedure. Matter of K. L. F ., 1994 OK 66, 878 P.2d 1067; Okla.Sup.Ct.R. 1.23.

(d) Mailing by Prisoner.

A prisoner's appeal is commenced on the date that he or she places the petition in error in the prison mailbox for mailing or otherwise delivers it to a prison official for mailing. Proof of the date of the placement of the petition in error in the prison mailbox shall be supplied by affidavit attached to the petition in error. Woody v. State , 1992 OK 45, 833 P.2d 257.

(e) Scope of Rule 1.4(c).

Rule 1.4(c) applies to petitions in error in appeals from the District Courts; petitions in error in appeals from the Corporation Commission, and other tribunals, including but not limited to, the Tax Commission, Banking Board, State Banking Commissioner, and the Court of Tax Review; to petitions to review orders of the Workers' Compensation Court in the Supreme Court, ; to petitions for certiorari to review opinions of the Court of Civil Appeals; , to petitions for certiorari to review certified interlocutory orders of the District Courts; , and to rehearing petitions to the Court of Civil Appeals as well as to the Supreme Court.

(f) Copies.

The original shall be filed with the following number of copies, unless the Rules for Electronic Filing in the Oklahoma Courts provide otherwise when a document is electronically filed.

1. Petition in Error - Fourteen copies (Rule 1.23).
2. Response to Petition in Error, - Fourteen copies (Rule 1.25).
3. Amended and Supplemental Petitions in Error - Fourteen copies, (Rule 1.26).
4. Entry of Appearance - Two copies (Rule 1.5).
5. Motions in an appeal - Ten copies (Rule 1.6).
6. Briefs in an appeal - Fourteen copies (Rule 1.10).
7. Waiver of brief - Fourteen copies (Rule 1.10).
8. Record on appeal from summary judgment, etc. - Four copies (Rule 1.36).
9. Rehearing before Supreme Court - Ten copies (Rule 1.13).
10. Rehearing before Court of Civil Appeals - Ten copies (Rule 1.177).
11. Petition for Certiorari to Court of Civil Appeals - Ten copies (Rule 1.179).
12. Answer to Petition for Certiorari to Court of Civil Appeals - Ten copies (Rule 1.179).
13. Reply to Answer to Petition for Certiorari to Court of Civil Appeals - Ten copies (Rule 1.179).
14. Petition to Review Certified Interlocutory Order - Fourteen copies, (Rule 1.52).
15. Response to Petition to Review Certified Interlocutory Order -Fourteen copies, (Rule 1.53).
16. Application to assume original jurisdiction - Fourteen copies (Rule 1.191).
17. Responses and Briefs in an original action - Fourteen copies (Rule 1.191).
18. Appendix in original action - One copy (Rule 1.191).
19. Corrections to filed instruments - Same number of copies as document corrected, (Rule 1.7).

(g) Notice to Parties.

(1) By Parties. Service of all documents filed with the Supreme Court or Court of Civil Appeals shall be made in the manner provided in 12 O.S.Supp.1998, § 2005(B), or as provided in the Rules for Electronic Filing in the Oklahoma Courts. Proof of service may be by a certificate of service endorsed on the filing. The Court, a Justice thereof, or a Referee of the Supreme Court may require other methods of service and proof of service.
No brief, motion, petition, application or suggestion will be considered by the Supreme Court or the Court of Civil Appeals without proof of service as required herein, except where the Court determines that notice is not required.
(2) By Clerk.
Orders and notices required to be mailed to parties will be mailed on the date shown by the Clerk's file stamp unless otherwise indicated, and such date will serve as notice of the date of mailing. Notice by the Clerk shall be made to attorney or party pro se at the address shown by the entry of appearance or notice of change of address. See Rule 1.5.
Whenever in any case filed in this Court it shall be made to appear to the Clerk of this Court by the affidavit of an appellant or a petitioner, appellant's agent or attorney, that the appellee or the respondent has no attorney of record, or that appellee is beyond the limits of the state, or that appellee's residence is unknown, so that it is impossible or impracticable to serve citation upon appellee (or respondent) in the ordinary method provided by law, it shall be the duty of the Clerk of this Court, upon the appellant or the petitioner making provision for the payment of the expense thereof, to cause notice of the pendency of such cause to be published once each week for four weeks successively in some newspaper published in the county in which the case was tried.

RULE 1.5 - APPEARANCE, WITHDRAWAL, AND CHANGE OF ADDRESS

(a) Entry of Appearance. All parties to any proceeding in the appellate courts shall immediately, but no later than filing the first document in the appellate court, file an Entry of Appearance on the forms set forth in Rule 1.301, by counsel or an unrepresented party representing himself or herself. Copies shall be served on all other parties. Attorneys shall use the form prescribed by Rule 1.301 Form No. 1, and parties representing themselves shall use the form prescribed by Rule 1.301 Form No. 2. An original and two (2) copies of the Entry of Appearance shall be filed with the Clerk of the Supreme Court.

All motions of counsel not licensed to practice in this state to appear as counsel of record in a case before the Supreme Court or the Court of Civil Appeals must comply with the requirements of 5 O.S.Supp.1998, App. 1, Art. 2, § 5, Rules Creating and Controlling the Oklahoma Bar Association. The statement required by Article 2 § 5 shall be in the form of an affidavit attached to the motion. The motion shall show that the requirements of Article 2 § 5 are fulfilled. The required entry of appearance of the associate attorney shall be filed with the motion and affidavit.

(b) Withdrawal of Counsel. A motion to withdraw may be filed at any time. However, unless successor counsel enters an appearance, leave of Court must be obtained for withdrawal. The Court will consider and may grant a motion to withdraw where there is no successor counsel only if the withdrawing attorney clearly states in the body of the motion the name and address of the party and that notice of the motion was given to the party.

(c) Notice of Change of Address. All attorneys and parties representing themselves shall give immediate notice to the Clerk of the Supreme Court of a change of address, including email address , if applicable, using the form prescribed by Rule 1.301 Form No. 3. The notice of change of address shall be served on all parties. If an attorney or a party representing himself or herself files an entry of appearance, the Court will assume the correctness of the last address of record, as defined in section (d), or in the absence of such address change, the address stated in the entry of appearance until a notice of change of address is received.

(d) Address of Record. The address of record, including email address, if applicable, for any attorney or party appearing in a case pending before the Supreme Court, Court of Civil Appeals, or Court of Tax Review, shall be the last address provided to the court. The attorney or party representing himself or herself must, in all cases pending before the court involving the attorney or party, file with the court and serve upon all counsel and parties representing themselves a notice of a change of address. An address change made pursuant to this rule shall apply to all cases pending before the Supreme Court, Court of Civil Appeals, and the Court of Tax Review. The attorney or party representing himself or herself has the duty of maintaining a current address with the courts.

RULE 1.6 – MOTIONS

(a) Motion and Response.

All motions shall contain a brief statement of relevant facts, the relief requested, and the applicable law. No separate brief in support of a motion will be accepted for filing. The motion and response shall be duplicated on letter-size 8-1/2" x 11" white paper, and an original and ten copies shall be filed.
A response shall be filed within fifteen (15) days of filing of the following motions: (1) Motion to stay or suspend a judgment; (2) Motion to dismiss an appeal on jurisdictional grounds; (3) Motion for attorney's fees; and (4) Motion for judgment on supersedeas bond. No response to any other motion is necessary unless otherwise provided by Rule or Order of this Court.
Where the facts relied upon are not of record in the Supreme Court, the motion or response shall be supported by affidavit.
When the Court deems appropriate it may deny a motion or application without a response from opposing counsel.

(b) Motion to Extend Time.

Motions for extension of time are not favored and are not routinely granted. If the requirements of filing are met and specific good cause is shown, one extension of no more then twenty (20) days may be granted to file a brief or response to a petition. One extension of no more than thirty (30) days may be granted to complete a record for an appeal. Granting additional time rests in the sound discretion of the Court. Rule 1.13 governs an extension of time to file a petition for rehearing.
Briefing time is automatically suspended during pendency of a motion to dismiss an appeal. A motion to dismiss does not extend time for completing the record for appeal. Settlement Conferences or negotiations do not extend any time limits.

A motion to extend time must:

1. Be filed prior to the terminal date; .
2. Be mailed to opposing counsel ( and no oral or letter requests will be considered) . , and;
3. Include the following information:

(a) The due date which the applicant wishes to extend; .
(b) The specific reason why with due diligence it is impossible to file timely. Press of business or the equivalent is not good cause. A general statement that the motion is not for delay or that the cause is complex will not suffice. Motions for time to complete a record on appeal must clearly state the dates on which the designation was filed, the designation was delivered to the court reporter, and costs for the transcripts were paid to the court reporter ( . See Rule 1.34(g)); .
(c) The amount of time requested. (t The request should be limited to the minimum time necessary to overcome the cause for delay), and; .
(d) Whether there have been prior delays or extensions granted during the course of appeal.

(c) Motion to Dismiss an Appeal.

(1) Grounds for Dismissal.

The Court may dismiss an appeal, counter-appeal or cross appeal either on its own motion or on the motion of the parties at any stage of the appellate process. An appeal may be dismissed because of untimeliness of the appeal, absence of an appealable order, mootness, waiver, abandonment or acquiescence in the judgment, failure to comply with these rules or order of the Court, or other grounds deemed appropriate by the Court. An alleged absence of substantive merit will not be regarded by the Court as grounds for dismissal on motion but may be raised in the brief of a party for consideration at the decisional stage.
A party bringing an appeal, counter-appeal or cross-appeal may move for dismissal of that appeal at any time prior to the filing of a decision. No grounds need be stated in a motion for a voluntary dismissal.
Any party may seek dismissal of an appeal by motion filed during the preliminary stages of the appellate process or by request for dismissal included in the answer brief. Where a request for dismissal has been included in the answer brief, it will be addressed by the Court at the decisional stage; if the Court omits a discussion of such a request for a dismissal, it will be deemed denied. A motion alleging that the appeal is frivolous, that the trial court's decision was free from error, or any other argument requiring an analysis of the substantive merit of the case will not be considered in advance of the decisional stage of the appeal.

(2) Response to Motion.

Within fifteen (15) days of the filing of a motion to dismiss, a response shall be filed. The argument and authorities in support of the response shall be included therein, and no separate brief may be tendered for filing. If a request for dismissal is included in the answer brief, appellant's responsive arguments shall be included in the reply brief. If no response to the motion to dismiss is filed, the Court will consider the matter on the movant's paperwork alone.

RULE 1.7 - CORRECTIONS OF FILED DOCUMENTS

If after filing any paper in the appellate court, a party discovers that errors were made, the party may file and serve the required number of copies of "Corrections to (name of filing)", listing the corrections. No document may be altered after filing; pages may not be otherwise inserted and no interlineations, additions or deletions may be made. No document may be substituted for another once filed. The number of copies filed is the same as the number of copies of the original document being corrected.

RULE 1.8 - COMMUNICATIONS WITH THE COURT

Communications concerning any matter connected with the issues presented on appeal of any proceeding pending in or cause appealed to this Court shall be only by written motion, petition, application or suggestion filed in the office of the Clerk, a copy of which shall be served upon all opposing counsel.

RULE 1.9 - ORAL ARGUMENT

Oral argument before the Court of Civil Appeals or the Supreme Court is not a matter of right. A party desiring to present oral argument shall file a motion for oral argument, setting forth the exceptional reason that oral argument is necessary and the issues sought to be presented. The motion shall not exceed two (2) pages, and shall be filed by separate motion under the style and number of the cause in this Court. If no motion is filed, the cause will stand for submission on the briefs. No motion shall be argued orally unless by direction of the court.

In the event oral argument is allowed, the court will allot such time as it may deem sufficient for oral argument. Not more than two (2) attorneys will be permitted to speak on each side. An attorney appearing amicus curiae will be heard only by leave of Court.

RULE 1.10 – BRIEFS

(a) Time to File Briefs, Copies, Waiver of Brief, Filing in the Trial Court, and Dismissal for Failure to File.

(1) In All Appeals. In all appeals, except for those pursuant to Rule 1.36 and as otherwise provided by these Rules, the appellant, including any appellant on a co-appeal, shall file a Brief-in-chief in this Court within sixty (60) days from the date the Notice of Completion of Record is filed in the Supreme Court. The appellee shall file an Answer Brief within forty (40) days after the filing of the Brief-in-chief by the appellant. The appellant may file a Reply Brief within twenty (20) days after the filing of the Answer Brief by the appellee. The times to file briefs in appeals from tribunals other the District Court are set by rules for the specific appeals. For examples, see Rules 1.90, 1.119, 1.130, 1.143, 1.156, and 1.162. Briefing in review of a decision of the Workers' Compensation Court is governed by Rule 1.105.
(2) Original Jurisdiction Proceedings. The requirements for the time to file briefs in original jurisdiction proceedings are governed by Rule 1.191.
(3) Filing Appellate Brief in Lower Tribunal. One copy of each brief on appeal, or waiver of right to file brief, shall be filed with the clerk of the trial court or other lower tribunal within five (5) days of its filing in this Court.
(4) Briefs in Appeals From Summary Judgments and Certain Dismissals. The requirements for briefs in an appeal from summary judgments and certain dismissals are governed by Rule 1.36.
(5) Filing Waiver. In any proceeding before the Court, whether original jurisdiction or appellate, any party who chooses not to file an Answer or Reply Brief shall file a "Waiver of Right To File Brief" within the time allowed for filing the brief. An original and 14 copies of the waiver shall be filed.
(6) Copies. One original and fourteen copies of the brief shall be filed for every brief filed in any appeal.
(7) Dismissal for Failure to File. An appeal from the district court or other tribunal may be dismissed by this Court when appellant has failed to timely file the Brief-in-chief and has failed to timely respond to this Court's order to file the required brief. The Court may dismiss an appeal without notice when six months have transpired since the filing of the Notice of Completion of Record and no Brief-in-chief has been filed and where no extension of time for the Brief-in-chief has been granted.

(b) Briefs in Multiple Appeals. An appellee's Answer Brief shall be combined with the Brief-in-chief on any counter or cross-appeal filed by the appellee, and such combined brief shall be filed within forty (40) days after the filing of the Brief-in-chief of the appellant. The Brief-in-chief on any other counter or cross-appeal shall be filed within forty (40) days after the filing of the Brief-in-chief of the appellant.

An appellant shall combine a Reply Brief, if any is filed, with an Answer Brief to a Brief-in-chief on a counter or cross-appeal against the appellant, and such combined brief shall be filed within thirty (30) days after the filing of the Brief-in-chief on the counter or cross-appeal. Any other party against whom a counter or cross-appeal has been filed shall file an Answer Brief within thirty (30) days after the filing of the Brief-in-chief on such counter or cross-appeal.

A counter or cross-appellant may file a Reply Brief to the Answer Brief on the counter or cross-appeal within twenty (20) days after the filing of the Answer Brief on the counter or cross-appeal.

(c) Briefs in Specific Appeals.

(1) County Budgets : Appeals From a Final Order of the District Court Approving or Disapproving a County Budget . The appellant shall file a B brief-in-chief in this Court within thirty (30) days from filing of Petition in Error; the appellee shall file an Answer Brief within twenty (20) days after the filing of the brief of the appellant; the appellant may file a Reply Brief within five (5) days after the filing of the Answer Brief by the appellee.
(2) Drivers' Licenses. In all drivers' license appeals to this Court challenging a decision within the provisions of 47 O.S.Supp.2000 § 6-211(M), whether prosecuted under these Rules or the cited section, the appellant's B brief-in-chief shall be filed simultaneously with the Petition in Error. Appellee's Answer Brief shall be filed twenty (20) days after filing of the appellant's Petition in Error and brief. The appellant may file a Reply Brief ten (10) days after the filing of the Answer Brief.
(3) Juvenile Appeals. In an appeal from a District Court to the Oklahoma Supreme Court and involving a judgment or order issued pursuant to Title 10 of the Oklahoma Statutes in paternity proceedings, or 10A in Oklahoma Children and Juvenile 's Code proceedings, or Oklahoma Juvenile Code proceedings, or Oklahoma Adoption Code proceedings, (sometimes referred to as a "juvenile appeal"), appellant's Brief-in-chief shall be filed within twenty (20) days after the clerk of the District Court notifies all parties that the record is complete and such notice has been filed with the Clerk of the Supreme Court. Appellee's Answer Brief shall be filed within fifteen (15) days after the B briefinchief is filed. Appellant's Reply Brief may be filed within ten (10) days after the A answer B brief is filed. See 10 O.S.1991 § 80 (paternity appeal); 10A O.S.Supp.2000 § 1-5-103 7003-6.4 (Oklahoma Children's Code appeal); 10 O.S. Supp.2000 § 7303-6.2 (Oklahoma Juvenile Code appeal) and 10 O.S.Supp.2000 §§ 7505-2.1, 7505-4.1, & 7505-7.1 (Oklahoma Adoption Code appeal).
Although, strictly speaking, not all of the proceedings listed here under the collective label of "juvenile appeals" are properly includable under that rubric, we group them together, as a matter of convenience, solely for the purpose of applying to them the same rules. See also Okla.Sup.Ct.R. 1.23(d), 1.28(b)(3) & (k), and 1.34(e).

(d) Extension or Reduction of Briefing Time. Briefing time may be extended or reduced by direction of this Court. A motion to extend briefing time is governed by Rule 1.6.

(e) Suspension of Time to File Brief While Motion to Dismiss Pending. When a motion to dismiss an appeal is filed, the time prescribed for briefing shall remain suspended and shall not recommence to run until disposition of the motion is effected by this court.

(f) Federal Certified Question. Upon the filing in this C court of an order certifying a question of law to this C court pursuant to 20 O.S.Supp.2000 § 1601, et seq., 2 and receipt of the record from the certifying court, this C court may in its discretion set a briefing schedule. Briefs shall be strictly limited to the question certified and shall otherwise comply with Rule 1.11.

RULE 1.11 - FORM AND CONTENT OF BRIEFS

(a) Type and Margins. All briefs shall be presented on paper measuring eight- and- one-half inches in width by eleven inches in length. All briefs shall be printed or typed in clear type not less than 12-point, with single spaced lines of quoted matter and double spaced lines of unquoted matter. The margins of the printed page shall be 11/4 inches on the left side and one (1) inch on the other three sides. The pagination shall appear at the bottom of the page.

(b) Size. A B brief-in-chief, A answer B brief, or R reply B brief which is not combined with another brief shall not exceed thirty (30) pages. Where these rules require the filing of a combined brief by a party to a counter or cross-appeal, the combined brief shall not exceed forty (40) pages. Page limitations herein exclude only the cover, index, appendix, signature line and accompanying information identifying attorneys and parties, and the certificate of service.

No brief which exceeds the page limitations of this rule shall be accepted for filing by the Clerk. An application to file a brief exceeding the page limitations prescribed herein may be made at least ten (10) days before a brief is due to be filed. Such an application should not be filed as a matter of course and will not be granted absent a showing of good cause justifying departure from the limitations of this rule.

The size of briefs in original jurisdiction proceedings is governed by Rule 1.191.

(c) Cover.

(1) All Briefs which are Conventionally (Non-electronically) Filed , or Hardcopies of Electronically Filed Briefs . All covers of non-electronic briefs shall be typed on cover stock of at least 96# weight. Non-electronic b Briefs shall be securely bound and fastened along the left side with spiral or plastic finger-spine binding and shall be bound so as to be flat upon opening.
(2) Appeals. Covers of briefs in appeals shall contain the docket number in this Court, the style of the case, the county and c Court or forum from which the appeal is taken, and the name of the trial judge, the name and address of the attorneys appearing for the party filing the brief, and the nature of the action,--ejectment, foreclosure, mandamus, as the case may be.
(3) Original Jurisdiction Proceedings. Covers of briefs in original jurisdiction proceedings shall comply with Rule 1.11(c)(1) and shall contain the docket number in this Court, the title of the case, the county and c Court, forum, official or party, to which a writ is sought, the name and address of the attorney, or attorneys, appearing for the party filing the brief, and the nature of the action,--mandamus, quo warranto, habeas corpus, prohibition, as the case may be.

(d) Index. A subject index shall be attached to the front of every brief. The index shall contain a concise statement or classification of the questions discussed; and each question or principle of law for which contention is made shall be numbered separately and clearly stated, and the cases, alphabetically arranged, text books and statutes with reference to the pages in the brief where they are cited must be set forth under each proposition respectively. The page or pages of the brief on which each separate classification is discussed must be indicated.

(e) Summary of the Record.

(1) Appellate Briefs. The brief of the moving party shall contain a Summary of the Record, setting forth the material parts of the pleadings, proceedings, facts and documents upon which the party relies, together with such other statements from the record as are necessary to a full understanding of the questions presented to this Court for decision. Facts stated in the Summary of the Record must be supported by citation to the record where such facts occur. Citations to the record shall identify the number of the document in the record, and the page number within the document. Example: ROA, Doc.1, p.5. If the answering party shall contend that such Summary of the Record is incorrect or incomplete, that party's brief shall contain a Summary of the Record correcting any such inaccuracies with citation to the record.
Where a party complains of the admission or rejection of testimony, that party shall set out the testimony to the admission or rejection of which the party complains, stating specifically the objections thereto. Where a party complains of an instruction given or refused, the party shall cite to the place in the record on appeal where said instruction may be found, together with the objection thereto.
When a party desires to set out instructions or requested instructions, or if it is necessary to set out admitted or rejected testimony, the party may set forth such material in either the Summary of the Record in the brief or in an appendix to the brief as described in Rule 1.11(i). A party need not include in the Summary of the Record all of the evidence in support of a claim that the record does not show or tend to show a certain fact, but when such a question is presented, the adverse party shall include in that party's brief or appendix so much of the evidence claimed to have had that effect.
The Summary of the Record need include only a general statement of the substance of those parts of the record over which there is no controversy and which are not required to be shown in detail in order to present the issues to this Court, and such parts of the record as are purely formal and immaterial to the consideration of any issue presented to this Court may be omitted therefrom.
(2) Original Jurisdiction Proceedings. The brief in support of the petition shall contain a Summary of the Record, setting forth the material facts. If a response is ordered and the answering party shall contend that such Summary of the Record is incorrect or incomplete, that party's response shall contain a Summary of the Record correcting any such inaccuracies.

(f) Separate Propositions. The main contentions of the parties must be set forth in separate propositions. The argument and authorities in support of each proposition must follow the statement of the proposition. Briefs in every proceeding, whether appellate or original jurisdiction, shall comply with Rule 1.11(f).

(g) Signature of Counsel. The brief must be signed by the counsel of record. The name, Oklahoma Bar Association number, address, email address ( where applicable ) , and telephone number of the counsel of record shall also be shown. Briefs in every proceeding, whether appellate or original jurisdiction, shall comply with Rule 1.11(g).

(h) Certificate of Service. The brief must contain a Certificate of Service showing service of a copy of the brief upon other parties or their counsel. Briefs in every proceeding, whether appellate or original jurisdiction, shall comply with Rule 1.11(h).

(i) Appendix to Brief.

(1) Appeals. An Appendix to a brief shall not be filed except as permitted by this Rule. An Appendix to a brief may be filed as an attachment to the brief or as a separate document. An Appendix to a brief on appeal may include only: (1) a copy of the decision from which the appeal is taken; (2) copies of authorities not contained in the National Reporter System; (3) copies of statutes or rules not promulgated in Oklahoma; (4) attachments provided by Rule 1.11(e)(1) relating to complaints about admission or exclusion or insufficiency of evidence; and (5) attachments provided by Rule 1.11(e)(1) relating to complaints about jury instructions.
(2) Original Jurisdiction Proceedings. No exhibits or appendix are attached to briefs in an original jurisdiction action. An appendix in an original jurisdiction proceeding is governed by Rule 1.191.

(j) Citations to Record.

(1) Appeals. Citations to a document in the record other than a transcript shall include the name of the document and the pages within the document to which reference is made (e.g., Petition at 17); and may include a description of the document. Citations to a trial transcript shall include the page number; (e.g., Tr.Vol.II at 3-4). Citations to a transcript other than a trial transcript shall refer also to the date and type of transcript. Quotations from the record must be accurate, and in context, and reference the pages in the record where they appear.
(2) Original Jurisdiction Proceedings. Citations to a document shall be to the nature of the document and the page at which it appears in the Appendix; (e.g., Order of (date), App. at page (no.), or Affidavit of (person), App. at page (no.)).

(k) Authority.

(1) Appeals. Issues raised in the Petition in Error but omitted from the brief may be deemed waived. Argument without supporting authority will not be considered.
(2) Original Jurisdiction Proceedings. Issues raised in the Application to Assume Original Jurisdiction and Petition for Writ, but omitted from the brief, may be deemed waived. Argument without supporting authority will not be considered.
(3) Supplemental Briefs. The Supreme Court or the Court of Civil Appeals may request additional authorities or briefs from either or both parties within a time fixed by the court's order. The additional authorities and briefs shall be filed with the Clerk of the Supreme Court and served upon counsel for all parties to the proceedings.

(l) Citation to Authority. The citation to opinions of the Oklahoma Supreme Court and the Oklahoma Court of Civil Appeals shall be in accordance with Rule 1.200(c), (d) and (e). The citation of other authorities shall be to the volume and page of the National Reporter System, if applicable, or to some selected case system, if practical. Where a decision cited in the brief is not included in the National Reporter System a copy may be included in an appendix to the brief. See Rules 1.11(i)(1) and 1.191(d). Citations to decisions of the United States Supreme Court shall be to the official reporter, the United States Reports, and may also include parallel citations to other reporters, or to some selected case system, if practical.

RULE 1.12 - BRIEF OF AMICUS CURIAE

(a) Amicus Curiae Brief May Be Filed Either by the Consent of The Parties or by Leave of the Chief Justice of the Supreme Court.

(1) Appeal. A brief of an amicus curiae which is confined to the issues raised by the parties and which does not exceed twenty-five (25) pages may be filed during the briefing cycle of an appeal if it is accompanied by written consent of all the parties. If consent is denied by any of the parties, the procedure in subparagraph 1.12(b) shall be followed.
(2) Original Jurisdiction Proceedings. Amicus curiae may not appear in an original jurisdiction proceeding unless authorized by order of the Chief Justice. See Rule 1.191. The brief of the amicus curiae must comply with Rules 1.10, 1.11, and 1.191. Amicus curiae is not allowed to raise or put in issue any new fact in the original jurisdiction proceeding. A brief of an amicus curiae shall be confined to the issues raised by the parties. The brief of the amicus curiae may not have exhibits or an appendix.

(b) Application to File Amicus Curiae Brief Without Consent by Parties.

(1) During Briefing Cycle of Appeal. The amicus curiae shall file a statement not to exceed five (5) pages which concisely discloses the nature and extent of the applicant's interest, states any facts or questions of law which may not be presented adequately by the litigants, and the relevancy of these facts or questions of law to the disposition of the cause. The amicus curiae shall mail a copy of the statement to the parties. If an objection is not filed within ten (10) days, consent shall be deemed to have been granted. If an objection is filed, the Supreme Court shall review the statement and the objections to determine whether to allow the filing of the amicus brief.
(2) Original Jurisdiction Proceedings. The amicus curiae shall file a statement not to exceed five (5) pages which concisely discloses the nature and extent of the applicant's interest, and states questions of law which may not be presented adequately by the litigants, and the relevancy of these questions of law to the disposition of the cause. The amicus curiae shall mail a copy of the statement to the parties. Parties shall have ten days to object, unless the Court orders otherwise. The Supreme Court shall review the statement and any objections to determine whether to allow the filing of the amicus brief.

(c) Avoidance of Unnecessary Repetition.

Before completion of an amicus brief, counsel for an amicus curiae shall attempt to ascertain the arguments which will be made in the brief of any party whose positions the amicus is supporting in order to avoid any unnecessary repetition of argument.

(d) Assignment and Disposition of Cause Not to be Delayed by Filing Amicus Curiae Brief.

(1) Appeals. The assignment and disposition of a cause will not be delayed pending action on a motion for leave to file an amicus curiae brief or to await the filing of a brief amicus curiae. If the filing of an amicus curiae brief is allowed either by the consent of the parties or by the Supreme Court, it must be filed within the briefing cycle set for the party supported, and in conformance with the applicable provisions of Rules 1.10 and 1.11. Extraordinary cause must be shown before an amicus curiae will be permitted to file a brief at any time other than during the normal briefing cycle or as allowed by Rule 1.12(g). No reply brief of an amicus curiae may be filed.
(2) Original Jurisdiction Proceedings. The disposition of a cause will not be delayed pending action on a motion for leave to file an amicus curiae brief or to await the filing of a brief amicus curiae. The time to file an amicus brief shall be governed by order of the court in the proceeding. No reply brief of an amicus curiae will be received.

(e) Leave to File Response to Amicus Brief.

Leave may be sought by any party in the case to file a response to the amicus curiae brief.

(f) Oral Argument By Amicus Curiae.

Amicus curiae may be permitted to participate in the argument granted in the case by the Supreme Court upon motion showing extraordinary cause.

(g) Amicus Curiae on Certiorari and Rehearing.

In a matter before the Supreme Court on certiorari to the Court of Civil Appeals, amicus curiae may file a statement in support of or opposing certiorari only by order of the Supreme Court granting leave to file the statement. Amicus curiae may file a statement in support of certiorari only when a party has petitioned for certiorari. Amicus curiae may file a statement opposing certiorari only when a party has responded opposing certiorari.
In a matter before either the Supreme Court or Court of Civil Appeals on rehearing, an amicus curiae may file a brief only by order of the court granting leave to file the brief. Amicus curiae may file a brief in support of rehearing only when a party has petitioned for rehearing.

RULE 1.13 – REHEARING

(a) Petition.

Applications for a rehearing and a brief in support thereof, unless otherwise ordered by the Court, shall be made by petition to the Court, signed by counsel, and filed with the Clerk within twenty (20) days from the date on which the opinion in the cause is filed. The mailbox rule, extended to various papers by the terms of Rule 1.4 (c) and 1.4(e), applies to rehearing petitions to the Supreme Court. No oral argument on a petition for rehearing shall be allowed except upon order of the Court. No petition for rehearing shall be filed or considered without proof of service.

(b) Application for Extension of Time to File Petition.

Applications for extension of time to file petitions for rehearing are not favored and are not routinely granted. If an application for an extension of time is filed, it must be filed within twenty days of the date the opinion is filed. No extension of time will be granted for more than twenty days from the original due date for the petition for rehearing. The application will be granted only if the Court determines that extraordinary cause is shown in the application. No second extension of time will be granted. Press of business, that the application is not for delay, or that the issues are complex, is are insufficient to show extraordinary cause. An oral application for an extension of time to file the petition for rehearing will not be considered.

(c) Copies and Size.

An original and ten (10) clearly legible copies of petitions for rehearing shall be filed. A petition and brief for rehearing shall not exceed fifteen pages.

(d) Response.

A response to a petition for rehearing need not be filed unless requested by an order of the court.

(e) Second Petition for Rehearing.

No motion or application for rehearing or review will be accepted for filing after the denial of a petition for rehearing.

(f) Rehearing When Original Jurisdiction Assumed.

A petition for rehearing may be filed in any cause where the court has assumed original jurisdiction by order or opinion and denied or granted relief.

(g) When No Rehearing May Be Filed.

No petition for rehearing may be addressed to:

1. An order denying an application to assume original jurisdiction;
2. An order denying a petition for certiorari to review a certified interlocutory order;
3. An order denying a motion to dismiss with prejudice to its reargument;
4. Any other predecisional order made in an original proceeding, on certiorari, in an appeal or in a disciplinary proceeding against a member of the bar; or
5. An order denying a petition for certiorari to review an opinion of the Court of Civil Appeals.

(h) Rehearings Before the Court of Civil Appeals.

Rehearings before the Court of Civil Appeals are governed by this Rule and Rule 1.177. A petition for rehearing in the Court of Civil Appeals may be filed with the Clerk within twenty (20) days from the date on which the opinion in the cause is filed. See Rules 1.177 and 1.13(a). The petition and brief shall not exceed fifteen pages. An original and ten copies of the petition shall be filed.
Applications for extension of time to file petitions for rehearing are not favored and are not routinely granted. If an application for an extension of time is filed, it must be filed within twenty days of the date the opinion is filed. No extension of time will be granted for more than twenty days from the original due date for the petition for rehearing. The application will be granted only if the Court determines that extraordinary cause is shown in the application. No second extension of time will be granted. Press of business, that the application is not for delay, or that the issues are complex, is are insufficient to show extraordinary cause. An oral application for an extension of time to file the petition for rehearing will not be considered.

RULE 1.14 - TAXATION OF COSTS AND MOTIONS FOR APPEAL RELATED ATTORNEY FEES

(A) Costs.

(1.) Costs must be sought by a separately filed and labeled motion in the appellate court prior to mandate being issued. The Clerk shall not tax as costs any expense unless the person claiming the same, prior to the issuance of a mandate in the cause, shall file with the Clerk a verified statement of taxable cost items showing that person has paid the same.
(2.) Costs taxable by the Supreme Court Clerk are limited to the following:

(a.) The cost deposit required by 20 O.S. § 15;
(b.) The cost deposit required by 20 O.S. § 30.4;
(c.) The reasonable cost of copying and binding the record pursuant to Rule 1.36. Carroll v. Axelson, Inc ., 1999 OK 13, 976 P.2d 1046;
(d.) Reasonable costs for transcripts which are a part of the record on appeal. These costs may include the fee for recording and transcribing the proceedings, and mileage if the trial judge requires the parties to bring their own court reporter. Any charges for mailing and delivery of copies, or for an additional electronic transcript, are not taxable.

(3.) No fee paid to the district court clerk is taxable in the appellate courts.
12 O.S. § 978, Spears v. Shelter Mutual Insurance Co ., 2003 OK 66, 73 P.3d 865, Wilson v. Glancy, 1995 OK 141, 913 P.2d 286, Oklahoma Turnpike Authority v. New, 1993 OK 42, 853 P.2d 765.

(B) Attorney's Fee.

A motion for an appeal related attorney's fee must be made by a separately filed and labeled motion in the appellate court prior to issuance of mandate, or in the applicant's brief on appeal in a separate portion that is specifically identified. The motion must state the statutory and decisional authority allowing the fee. See 12 O.S.§ 696.4(C). If the motion for an attorney's fee is included in the brief and the court does not address the motion in its opinion the party shall re-urge the request by separate motion prior to mandate. In an appeal governed by Rule 1.36 a motion for an appeal related attorney's fee must be made by a separately filed and labeled motion in the appellate court prior to issuance of mandate.

RULE 1.15 - STAY AND SUPERSEDEAS

(a) Stay and Supersedeas in Appeals from Decisions of District Courts.

Stay of enforcement in the trial court of a decision on appeal, whether by stay or supersedeas, is governed by the applicable statutory law. See 12 O.S.Supp.1995 § 990.3 12 O.S.Supp.1995 §§ 990.4, 993(B) and (C), 994(B). The trial court shall have continuing jurisdiction during the pendency of any post-trial motion and appeal to modify any order it has entered regarding security or other conditions in connection with a stay or supersedeas. 12 O.S.Supp.1995 § 990.4(E).
The effectiveness of a judgment, decree, or final order, that is not governed by 12 O.S.Supp.1995 § 990.3, 12 O.S.Supp.1995 §§ 990.4, 994(B), or other applicable statute relevant to staying or superseding the judgment, shall stand suspended if a timely motion for new trial is filed, and the enforcement of such judgment shall be stayed until ten days after the trial court's disposition of the motion. Within the ten day interval a further stay of the judgment may be sought by motion in the trial court, and the time limit for filing such motion may be extended by the trial court for good cause shown.
The effectiveness of an interlocutory order appealable by right and which is not governed by 12 O.S.Supp.1993 § 993(B) and (C), or other applicable statute relevant to staying the order, shall stand suspended for ten days after the order is filed. Within that ten day interval a further stay may be sought by motion filed in the trial court, and the time limit for filing such motion may be extended by the trial court for good cause shown.

(b) Stay of Enforcement of Decisions in All Other Proceedings.

Stay of enforcement of the decision of a lower tribunal in any proceeding other than an appeal from a final decision of a district court shall be governed by any applicable statutory law or rules governing that tribunal. Except where an applicable statute or rule provides otherwise, the lower tribunal may in its sound discretion stay enforcement of the decision which is the subject of proceedings in this Court on terms which will protect the rights of the parties. No motion shall be filed in this Court to stay the decision of the lower tribunal where such relief may be sought from the lower tribunal until application has first been presented to and ruled upon by the lower tribunal.

(c) Applications for Stay in Supreme Court.

1. Emergency Applications or Motions.

Any application that requires the Court to act in less than a week in order to effect the relief requested shall be accompanied by a certification by counsel stating why the application was not made earlier. Emergency applications for stay shall be plainly marked with the word "emergency" on the face of the motion and shall state the effective date of the order, judgment, or other action sought to be stayed. The Supreme Court may require an expedited hearing. Emergency applications must comply with Rule 1.15(c)(2).

2. All Applications for Stay, Supersedeas, or Suspension.
No application for a stay, supersedeas, or suspension pending appeal will be considered unless the applicant addresses:

(a) The likelihood of success on appeal;
(b) The threat of irreparable harm to moving party if relief is not granted;
(c) The potential harm to the opposing party; and
(d) Any risk of harm to the public interest.

All applications for stay shall state that relief was first sought in the district court or other lower tribunal.

(d) Motions Relating to Supersedeas Bonds.

All motions relating to a supersedeas bond must have attached a certified copy of the supersedeas bond and include a citation to the place in the record where the original of the supersedeas bond may be located. Motions to modify the supersedeas bond must be first presented in the district court, subject to the Supreme Court's review, and must explain the reason for the modification. All motions for judgment on the supersedeas bond must clearly state the specific dollar amount of the judgment. In any event, the judgment on the supersedeas bond may not exceed the penal sum represented by the bond. An appellee may request judgment on the supersedeas bond in its Brief-in-chief on appeal or after the opinion of the appellate court is filed and prior to the time of the issuing of the mandate. No motion for judgment on the supersedeas bond will be entertained by the Supreme Court or Court of Civil Appeals unless filed with the Clerk of the Court prior to issuance of the mandate.

RULE 1.16 – MANDATE

In every appeal or petition to review any order of a district court or other tribunal, a mandate will be issued to the lower court or tribunal on order of the Chief Justice upon conclusion of the matter on appeal. The mandate may be issued seven (7) days after the filing of an order denying certiorari or rehearing in the Supreme Court, or immediately upon expiration of time to file a petition for writ of certiorari or petition for rehearing, and disposition of any timely filed post-decisional motion. No mandate is issued upon conclusion of original actions, questions certified by federal courts, bar disciplinary matters, or original proceedings on initiative or referendum petitions.

If a party contemplates the filing of a petition for writ of certiorari in the United States Supreme Court, the party may file a motion to suspend the effectiveness of the mandate. The effectiveness of the mandate may be suspended upon order of this Court until expiration of time to file the petition or notice of final disposition by the United States Supreme Court.

RULE 1.17 - CASE MANAGEMENT, ASSIGNMENT, AND FAST TRACK DOCKET

(I) The workload of the Supreme Court falls into thirteen categories:

1. supervision over the budgetary, financial, statistical, managerial and operational activities of the district courts and of the Court of Civil Appeals;
2. supervision over the Oklahoma Bar Association, its revenue, budget and operations;
3. supervision over the Board of Bar Examiners, its revenue, budget and operations in licensing lawyers;
4. rule making for, and adjudication of, bar disciplinary proceedings;
5. original jurisdiction for the exercise of superintending control under Art. 7, Sec. 4, Okla. Const.;
6. original jurisdiction for the exercise of managerial powers and operational control under Art. 7, Sec. 6, Okla. Const.;
7. rule making functions in the exercise of explicit or implicit constitutional and statutory authority, or of one claimed under inherent power;
8. original jurisdiction in protests against statewide initiative and referendum petitions and ballot title appeals;
9. answering questions certified by a federal court;
10. certiorari to the Court of Civil Appeals;
11. any other responsibility vested by law in the Supreme Court alone;
12. certiorari to the district courts for review of certified interlocutory orders;
13. general appellate jurisdiction.
The law vests in the Supreme Court alone the functions described in the first eleven categories. The last two categories of responsibility--comprising appellate cognizance--may be shared with the Court of Civil Appeals.

(II) Every appeal is subject to assignment to the Court of Civil Appeals unless retained by the Supreme Court pursuant to a motion to retain. See Rule 1.24. Every appeal that is not retained by or retransferred to the Supreme Court shall be assigned to the Court of Civil Appeals.

(III) Fast Track. All appeals--whether now in the Supreme Court or in the Court of Civil Appeals--which are found suitable by the court to which they are assigned for disposition by the fast track docket method may be placed on that docket and decided promptly by a short memorandum order. The fast track docket assignments may, in both courts, be made without an agreement of the parties.

The placement of an appeal on an fast track docket is within the discretion of the appellate court, and the court may decline to place an appeal on the fast track docket although the parties agree to such placement. The court may sua sponte place an appeal on the fast track docket. The advanced case may be set for oral presentation with or without any record or briefs.
While preparation of written opinions or memorandum opinions is not required of cases assigned to the Fast Track Docket, it is required that an order be entered in each case briefly explaining (with citation of applicable authority) the reason for the Court's action. Where the case is to be retried, the explanation of the Court's decision should be sufficiently clear for the guidance of the trial court (and counsel).
These rules shall otherwise apply to all appeals on the fast track docket unless the Supreme Court shall by rule provide otherwise.

RULE 1.20 – DEFINITIONS

(a) Judgment. A judgment is the final determination of the rights of the parties in an action. 12 O.S.1991 § 681. The term "judgment" is synonymous with a final order for the purpose of these rules. A judgment includes any decision appealable under the provisions of:

(1) 12 O.S.1991 §§ 952, 953 (general civil appeal);
(2) 43 O.S.Supp.2000 § 123 (matrimonial actions);
(3) 10 O.S.Supp.2000 § 7505-2.1 (preadoption minor relinquishment and termination of parental rights appeals);
(4) 10 O.S.Supp.2000 § 7505-7.1 (adoption appeals);
(5) 10 O.S.1991 § 80 (paternity appeals);
(6) 10A O.S.Supp.2000 § 1-5-103 7003-6.4 (deprived or allegedly deprived child and termination of parental rights appeals);(7) 10 O.S. Supp.2000 § 7303-6.2 (Juvenile Code appeals);
(7 8) 12 O.S.1991 § 1763 (small claims appeals);
(8 9) 47 O.S.Supp.2000 § 6-211 Subdiv. (M) (driver license appeals);
(9 10) 47 O.S.Supp.2000 § 7-505(E e) (financial responsibility hardship appeals);
(10 1) 58 O.S.1991 § 721 Subdiv. (7) (appeals in probate from final decree of distribution);
(11 2) 58 O.S.1991 § 721 Subdiv. (10) (where a claim in a probate action raises issues that are separate from the probate issues, a decision on the claim is appealable as a final order under 12 O.S.1991 § 681. Compare Williams v. Mulvihill, 1993 OK 5, 846 P.2d 1097 with In re Estate of Nation, 1992 OK 91, 834 P.2d 442;
(12 3) 66 O.S.1991 § 56 (condemnation appeals);
(13 4) 75 O.S.1991 § 323 (Administrative Procedures Act);
(14 5) 82 O.S.1991 §§ 508, 545, and 82 O.S.Supp.2000 § 573 69 (water conservancy);
(15 6) 12 O.S.Supp.1995 § 994 (judgment entered in multi-party/multi-claim cases); or
(16 7) Any other statute now in force or hereafter enacted which finally determines the rights of the parties in the action. The term judgment excludes interlocutory orders appealable pursuant to 12 O.S.1991 § 952 Subdiv. (b) 2 & 3, 58 O.S.1991 § 721 (except an order allowing final account and granting a decree of distribution) and 66 O.S.1991 § 56 (such as an order adjudicating a right to condemn--see Town of Ames v. Wybrandt, 1950 OK 197, 220 P.2d 693, 696).

(b) Final Order. A final order is an order affecting a substantial right in an action, when the order effectively determines the action and prevents a judgment. A final order is also an order which affects a substantial right, made in a special proceeding or upon a summary application in an action after judgment. 12 O.S.1991 § 953. The following constitute final orders:

(1) an order denying a timely and proper motion for new trial (12 O.S.Supp.2000 § 651);
(2) an order granting or denying a timely post-judgment motion for judgment notwithstanding the verdict (12 O.S.Supp.2000 § 698);
(3) an order modifying or refusing to modify a judgment;
(4) an order refusing to vacate a judgment;
(5) an order denying leave to intervene;
(6) a post-judgment order which grants or denies attorney fees, costs or interest;
(7) an order appealed pursuant to 10 O.S.Supp.2000 § 7505-4.1 (See Matter of Adoption of E.S.P., 1978 OK 100, 584 P.2d 209.

(c) Trial Court. "Trial court" and "district court" are synonymous terms

RULE 1.21 – COMPUTATION OF TIME FOR COMMENCEMENT OF APPEAL

(a) District Court Appeals.

An appeal from the district court may be commenced by filing a petition in error with the Clerk of the Supreme Court within thirty days from the date the judgment, decree, or appealable order prepared in conformance with 12 O.S.2001 § 696.3 was filed with the clerk of the district court. 12 O.S. 2001 § 990A. The date of filing of a judgment, decree or appealable order with the clerk of the district court shall be presumed to be the date of the district court clerk's file stamp thereon.
If the appellant did not prepare the judgment, decree, or appealable order, and Section 696.2 of this title required a copy of the judgment, decree, or appealable order to be mailed to the appellant, and the court records do not reflect the mailing of a copy of the judgment, decree, or appealable order to the appellant within three (3) days, exclusive of weekends and holidays, after the filing of the judgment, decree, or appealable order, the petition in error may be filed within thirty (30) days after the earliest date on which the court records show that a copy of the judgment, decree, or appealable order was mailed to the appellant. 12 O.S. 2001 § 990A. See Tidemark Exploration, Inc. v. Good, 1998 OK 67, 967 P.2d 1194.
For cross or multiple appeals Rule 1.27 is applicable. The interval allowed for filing a petition in error may not be extended by either the district court or the Supreme Court.
The times to appeal final orders of tribunals other than the district court (for example, Corporation Commission, Tax Commission, and Court of Tax Review) are governed by the specific statutory authority for such appeals, except when these Rules specifically authorize a different period. See Part IV of these Rules.

(b) Time for Filing Petition in Error in Appeals to Review Driver's License Orders and Water Conservancy Decisions.

An appeal from a district court's decision falling within the provisions of 47 O.S.2001 § 6-211(M) (to review a person's right to a driver's license) may be prosecuted in the time provided by the cited section or these rules. See, 47 O.S. 2001 § 6-211(M), Rules 1.34(c) and 1.10(c)(2), and Mowdy v. State ex rel. Dept. of Public Safety, 1974 OK 83, 524 P.2d 5.
Appeals under 82 O.S. 2001 § 545 and 82 O.S. 2001 § 508 (to review a decree establishing or refusing to establish a water conservancy district) may be prosecuted either within the time and in the manner provided by the cited sections or in accordance with these rules: but in water conservancy appeals, whether prosecuted in the statutory manner or under these rules, the party taking the appeal shall give a cost bond. Letteer v. Conservancy District No. 30, 1963 OK 218, 385 P.2d 796, 802.

(c) County Excise Board Budget Setting Appeals.

Any party that takes issue with the actions of the county excise board in its budget setting process shall seek the proper remedy in the district court. After evidentiary hearing in the district court, any party aggrieved by a final order approving or disapproving the setting of a county budget by the excise board must file their petition in error within thirty (30) days of the filing of a final order.

(d) Proceedings to Review a Decision of the Workers' Compensation Court.

An original proceeding in the Supreme Court to review an order of the Workers' Compensation Court shall be brought in the time and manner as set forth in 85 O.S. 2001 § 340 3.6 and Rules 1.100 - 1.106 of the Rules of the Supreme Court. The preparation of orders, decisions and awards and the taking of appeals in workers' compensation cases shall be governed by the provisions of Title 85 of the Oklahoma Statutes. Those provisions in 12 O.S. 2001 §§ 696.2, 696.3 do not apply to orders of the Workers' Compensation Court. 12 O.S. 2001 § 696.2(E).

(e) Contempt Appeals and Juvenile Delinquency Appeals.

(1) An appeal or habeas corpus proceeding to review a sentence imposed for contempt of court occurring in a civil action or proceeding shall be brought in the Supreme Court; an appeal or habeas corpus proceeding to review a sentence imposed for contempt of court occurring in a criminal prosecution or a grand jury proceeding shall be brought in the Court of Criminal Appeals. If a contempt appeal or habeas corpus proceeding is not brought in the appellate court designated as proper by this rule, the case will be transferred to the proper court either on motion or sua sponte. Art. VII, 4, Okla.Const. A contempt appeal shall be considered timely brought for review, on transfer to either appellate court, if it was commenced in the Supreme Court within the time limit and in the manner prescribed by these Rules or in the Court of Criminal appeals within one hundred and twenty (120) days from the time judgment and sentence was imposed and in the manner prescribed by the rules of that court.
(2) An appeal or habeas corpus proceeding to review a trial court's decision in a proceeding for adjudication of juvenile delinquency or for certification of a juvenile to be prosecuted as an adult shall be brought in the Court of Criminal Appeals. An appeal or habeas corpus proceeding to review a trial court's decision in any other juvenile proceeding shall be brought in the Supreme Court. If a juvenile delinquency appeal or habeas corpus proceeding relative thereto is not brought in the appellate court designated as proper by this rule, the case will be transferred to the proper court either on motion or sua sponte. Art. VII, 4, Okla.Const. A juvenile delinquency appeal shall be considered timely brought for review, on transfer to either appellate court, if it was commenced in the Court of Criminal Appeals within one hundred and twenty (120) days from the time the decision was made and in the manner prescribed by the rules of that court or in the Supreme Court within the time limit and in the manner prescribed by these Rules.

RULE 1.22 – POST-TRIAL MOTIONS

(a) Post-Trial Motion Defined.

A post-trial motion is a motion filed, or deemed filed, after a judgment or a final order.

(b) Interlocutory Orders.

The filing of a motion for new trial, reconsideration, re-examination, or to modify or vacate an interlocutory order appealable by right, shall not extend the time to appeal from the interlocutory order, except as allowed by Rule 1.22(f). See 12 O.S.Supp.1995 § 993 and Rules 1.22(f), 1.61.

(c) Appeal Time and Post-Trial Motions Filed Not Later Than Ten Days After the Date of Judgment.

(1)If a motion for new trial, for judgment notwithstanding the verdict, or to correct, open, modify, vacate or reconsider the judgment (other than solely for a determination of an award of costs, interest, or attorney's fees) is filed by any party not later than ten (10) days after the judgment, decree or final order is filed with the court clerk (or, where taken under advisement, mailed (12 O.S.Supp.1993 § 990.2(C)), the appeal time for any party to the action shall not begin to run until the motion shall have been disposed of. A motion for new trial filed after the announcement of the decision on all issues in the case but before the filing of the judgment or decree shall be deemed filed immediately after the filing of the judgment or decree. 12 O.S.Supp.1995 § 653(C).
The right of a party to perfect an appeal from a judgment or final order is not conditioned upon the filing of a motion for new trial. 12 O.S.1991 § 991(a). If a motion for new trial is filed and denied, the movant may not, on the appeal, raise allegations of error that were available at the time of the filing of the motion for new trial but were not therein asserted. 12 O.S.1991 § 991(b).
Where the judgment, decree or final order was mailed because taken under advisement (12 O.S.Supp.1993 § 990.2(C)), three days are added to the time to file in the district court the post-trial motion pursuant to 12 O.S.1991 § 2006(D). The time to appeal from the disposition of the post-trial motion shall not be extended by any subsequent motion or plea for reconsideration.
(2)An appeal may be commenced from both the underlying judgment, decree or final order and the order disposing of the post-trial motion, either by filing a single petition in error, or by filing separate petitions in error if both are filed within thirty (30) days of filing of the order disposing of the post-trial motion. Successive appeals from denials of successive post-trial motions shall not be allowed.
(3)If the order disposing of the post-trial motion is a final order, such as denial of a timely motion for new trial then the time to appeal from that final order and underlying judgment shall be from the date of the filing of the final order in statutory form with the district court clerk, except when the matter is taken under advisement (see 12 O.S.Supp.1993 § 990.2(C) as to matters taken under advisement), all as provided in 12 O.S.Supp.1993 § 990.2(A). See 12 O.S.Supp.1993 § 696.3.

(d) Attorneys Fees, Costs, or Interest.

A judgment or final order may provide for costs, attorney's fees, or interest, but it need not include them. 12 O.S.Supp.1993 § 696.4. A motion for attorney's fees, costs, or statutory interest based upon a judgment or final order shall not delay the preparation and filing of the judgment, decree or final order. 12 O.S.Supp.1993 § 696.4. The filing of a motion for costs, attorney's fees, or interest shall not delay or extend the running of time to appeal. 12 O.S.Supp.1993 § 990.2. A party aggrieved by a judgment or appealable order granting or denying a post-trial motion for attorney's fees, costs or interest, may seek review of the judgment or appealable order by timely filing a petition in error, within the thirty (30) day time period allowed by 12 O.S.Supp.1993 § 990A(A).

(e) Post-Trial Motions Filed More Than Ten Days After Date of Judgment.

A post-trial motion no matter how denominated filed later than ten (10) days after the judgment, decree or final order is filed with the court clerk (or, where taken under advisement, mailed, see 12 O.S.Supp.1993 § 990.2(C)) shall not delay the running of the time to appeal the judgment. 12 O.S.Supp.1993 § 990.2(B).

(f) Appeal from Order Disposing of Post-Trial Motion Filed More Than Ten Days After Date of Judgment.

The time to appeal from any decision which disposes of a post-trial motion seeking relief pursuant to 12 O.S.1991 § 1031(3) through (9) (Third-Ninth), or 12 O.S. upp.1995 § 1031.1 when the motion was filed later than ten (10) days after the judgment, decree or final order is filed with the court clerk may be extended by a timely motion for new trial, reconsideration, re-examination, rehearing, or to vacate or modify that decision.

RULE 1.23 – COMMENCEMENT OF APPEAL

(a) Commencement. An appeal from a district court is commenced by:

(1) filing a petition in error with fourteen (14) copies with the Clerk of this Court within the time prescribed in Rule 1.21; and
(2) Remitting to the Clerk of the Supreme Court the cost deposit provided by statute, or if the appellant is an indigent, an affidavit in forma pauperis shall be filed concurrently with the petition in error. 20 O.S.Supp.1995 § 15. The affidavit shall be furnished by the Clerk of the Supreme Court, upon request, and shall be in substantial compliance with the form prescribed by Rule 1.301 Form No. 4.
Commencement of an appeal from certain trial court orders must comply with Rule 1.36.

(b) Timely Costs Mandatory. A petition in error will not be filed until the entire cost deposit, or a properly executed pauper's affidavit, is received by the Clerk of the Supreme Court. The cost deposit or pauper's affidavit must be received by the Clerk of the Supreme Court within the same thirty-day period for filing the petition in error (12 O.S.Supp.2000 § 990A(A)) for the tendered petition in error to be timely filed to commence an appeal. In an appeal brought by the State of Oklahoma, or by direction of any department of the State, cost deposit shall not be paid with the filing of the petition in error. 12 O.S.Supp.2000 § 66.

(c) Notice and Entry of Appearance. A copy of the petition in error shall be filed in the trial court and mailed to each party to the appeal, or to the party's counsel of record within the time prescribed for filing the petition in error. The mailing of the copy of the petition in error shall constitute notice of appeal, and no further notice of the appeal is required. Parties served with process or entering a general appearance in the trial court constitute parties to the appeal. Appellant must file an entry of appearance. See Rule 1.5. See Rules 1.23 and 1.25 for filing the petition in error and response thereto.

(d) Juvenile Appeals. An appeal from a District Court to the Oklahoma Supreme Court and involving a judgment or order issued pursuant to Title 10 of the Oklahoma Statutes in paternity proceedings, or Title 10A Oklahoma Children and Juvenile 's Code proceedings, or Oklahoma Juvenile Code proceedings, or Oklahoma Adoption Code proceedings, (sometimes referred to as a "juvenile appeal"), shall be commenced by filing with the Supreme Court a petition in error with fourteen (14) copies with the Clerk of this Court within the time prescribed in Rule 1.21 and remitting to the Clerk of the Supreme Court the cost deposit provided by 20 O.S.Supp.2000 § 15, or if the appellant is indigent, an affidavit in forma pauperis shall be filed concurrently with the petition in error. 12 O.S.Supp.2000 § 990A; 20 O.S.Supp.2000 § 15. Compliance with Okla.Sup.Ct.R. 1.23 (b), and (c) is required for juvenile appeals. See 10 O.S. § 80 (paternity appeal); 10A O.S. § 1-5-103 (Oklahoma Children's Code appeal); and 10 O.S. §§ 7505-2.1, 7505-4.1, & 7505-7.1 (Oklahoma Adoption Code appeal). See 10 O.S.1991 § 80 (paternity); 10 O.S.Supp.2000 § 7003-6.4 (Oklahoma Children's Code); 10 O.S.Supp.2000 § 7303-6.2 (Oklahoma Juvenile Code) and 10 O.S.Supp.2000 §§ 7505-2.1, 7505-4.1, & 7505-7.1 (Oklahoma Adoption Code).

In a juvenile appeal when the appellant is a minor represented by court-appointed counsel, that counsel may file, in lieu of remitting the cost deposit provided by 20 O.S.Supp.2000 § 15, an in forma pauperis affidavit stating that the minor is indigent to the best information and belief of counsel, and a certified copy of the order appointing counsel as the lawyer for the minor. The affidavit and copy of the order of appointment shall be filed with the minor's petition in error.

RULE 1.24 – MOTION TO RETAIN APPEAL IN SUPREME COURT

(a) Assignment of Appeal.

Every appeal is subject to assignment to the Court of Civil Appeals unless retained by the Supreme Court either pursuant to a motion to retain or on the Court's own motion.

(b) Motion to Retain.

Any party to an appeal may move the Oklahoma Supreme Court to exercise its discretion to retain the appeal.

(1)The motion shall be filed as a separate document by an appellant with the petition in error, or as a separate document by an appellee with the response to the petition in error;
(2)The motion shall not exceed three (3) double spaced pages, shall state the specific grounds for seeking an order from the Supreme Court to retain the appeal, and shall include relevant citations, if any (e.g., to conflicting decisions of the Court of Civil Appeals).

(c) Factors Considered on Motion to Retain.

Factors considered by the Supreme Court in determining whether to retain an appeal are whether:

(1) The issues involve an area of law undecided in Oklahoma;
(2) Different divisions or panels of the Court of Civil Appeals are not in accord on the issues raised on appeal; or
(3) The issues raised on appeal concern matters which will affect public policy and any decision is likely to have widespread impact.

(d) Response.

Any party may file a response to a motion to retain, not exceeding three (3) double spaced pages, within ten (10) days after the filing of the motion.

(e) Retransfer of Appeal by Certificate of Chief Judge.

An undetermined appeal pending before the Court of Civil Appeals may, in the discretion of the Supreme Court, be retransferred for disposition by the Supreme Court upon a certificate of the Chief Judge of the Division of the Court of Civil Appeals to which the case is assigned showing that:

(1) the case presents significant public interest issues; or
(2) the dispositive legal questions pressed for resolution have major public significance.
The Chief Judge's certificate must be filed in the case not later than thirty (30) days after its original assignment to the Court of Civil Appeals. No motion for retransfer of an appeal to the Supreme Court shall be filed by any party.

(f) Retransfer of Appeal by Order of Chief Justice.

By order of the Chief Justice of the Supreme Court, a case assigned to a division of the Court of Civil Appeals may be recalled by the Supreme Court for reassignment to another division or retention for disposition by the Supreme Court.
No motion for recall of an appeal by the Supreme Court pursuant to this rule shall be filed by any party.

RULE 1.25 – PETITION IN ERROR AND RESPONSE TO PETITION IN ERROR

(a) Form of Petition in Error.

The form of the petition in error shall comply with Rule 1.301 Form No.5.

(b) Style of Petition in Error.

The style and the sequence of the parties in an appeal shall be exactly the same as the style and sequence in the judgment or order from which the appeal is taken. 20 O.S.1991 § 3002. Designations such as "et al." shall not be used in the style. Each party shall be designated in the caption as they were in the trial court followed by a slash " / " behind the trial court designation. For example, Plaintiff/Appellant, Plaintiff/Appellee, Defendant/Appellant, Defendant/Appellee. A party who is neither seeking relief on appeal, nor opposing another party's attempt to seek relief on appeal, has no appellate designation and remains listed in the style with the same designation as in the trial court. A party who seeks appellate relief but was not included in the caption of the trial court action shall be designated according to the appropriate appellate designation on appeal (e.g., appellant), without a trial court designation, and shall be last in sequence of the parties in the caption on appeal.
In appeals from juvenile proceedings including, but not limited to, adoption and paternity proceedings and proceedings under the juvenile code, the initials of the child's name shall be used rather than the child's name. See 10A O.S. § 1-5-102 1991 § 1123.1 . For example, in an appeal involving a child, John Smith, the style is IN THE MATTER OF CHILD J.S.

(c) Response to Petition in Error, Entry of Appearance, and Notice.

Within twenty days after the petition in error is filed, appellee shall file a response to the petition in error with fourteen copies in the office of the Clerk of the Supreme Court. The response shall comply with Rule 1.301, Form No. 6. Appellee shall file an entry of appearance with the response. See Rule 1.5. A copy of the response shall be filed in the trial court and mailed to each party of record or to that party's counsel of record. Failure to respond within the time provided without good cause may result in sanctions by the Court.
For Response to Petition to Review Certified Interlocutory Order see Rule 1.301, Form No. 8. For Response to Petition to Review Decision of the Workers' Compensation Court see Rule 1.301, Form No. 10.

(d) Cross and Counter Appeals, Response.

If a cross or counter appeal is taken, Rule 1.301 Form No.5. for a petition in error must be used. The style shall comply with Rule 1.25(b). See Rule 1.27 for multiple appeals.
If a counter or cross-petition in error is filed, the appellant shall file a response within twenty (20) days after the filing of the counter or cross-petition using Form No. 6.

RULE 1.26 – AMENDED PETITION IN ERROR, PREMATURE PETITION IN ERROR, AND SUPPLEMENTAL PETITION IN ERROR

(a) Time, Extent, and Form of Amended Petition in Error.

The petition in error may be amended at any time before brief-in-chief is filed, or thereafter by leave of Court, to include any error or any issue presented to and resolved by the trial court which is supported by the record. If a party has filed a motion for new trial, errors either not alleged in that motion or not fairly comprised within the grounds alleged therein may not be asserted on appeal by such party. 12 O.S.1991 § 991(b). An amendment to a petition in error may not add non-nominal parties appellee or appellant after expiration of the time for commencing an appeal. The form of the petition in error set forth at Rule 1.301, Form No. 5, shall be used to amend a petition in error.
A party properly filing an amended petition in error may file the amended petition without payment of costs.

(b) Amendment Upon Filing of Brief-in-chief.

The petition in error will be deemed amended to include errors set forth in the propositions in the brief-in-chief, provided that in no event may the appeal be broader in scope than allowed by Rule 1.26(a). Jackson v. Oklahoma Memorial Hospital, 1995 OK 112 ¶ 5, 909 P.2d 765, 768. Error may not be raised for the first time in any reply brief.

(c) Premature Petition in Error and Supplemental Petition in Error.

(1) If a petition in error is filed before the time prescribed in 12 O.S.Supp.1995 § 990A(A), it is premature and shall be dismissed as premature. If the appeal is dismissed as premature the appellant may file a new petition in error within thirty (30) days after a notice of dismissal is mailed to the parties which states that the appeal was dismissed on the ground it was premature. A new petition in error filed within thirty (30) days filed after notice of a dismissal for prematurity must be accompanied by payment of costs. See Rule 1.23. The new petition in error must comply with Rule 1.301, Form No. 5.
(2) When an appeal is dismissed as premature the new petition in error filed in accordance with Rule 1.26(c)(1) is timely to challenge appealable events that occurred in the trial court between the date the premature petition in error was filed in the Supreme Court and the date the premature appeal was dismissed. The date of dismissal is the date of the Clerk's file-stamp affixed on the dismissal order.
(3) In the event a premature petition in error is filed, and the premature appeal has not been dismissed by the Court, the appellant may file a supplemental petition in error at any time prior to the Court's dismissal of the appeal. The date of dismissal of an appeal is the date of the Clerk's file-stamp affixed on a dismissal order. The supplemental petition in error may be filed without payment of costs. The supplemental petition in error must comply with Rule 1.301, Form No. 5. The supplemental petition in error shall state when the time to appeal commenced and all other matters which should be included in a timely petition in error, including those occurring after the filing of the original petition in error. 12 O.S.Supp.1995 § 990A(F).
(4) A supplemental petition in error filed in accordance with Rule 1.26(c)(3) is timely to challenge appealable events that occurred in the trial court on or after the date the premature petition in error was filed in the Supreme Court. A supplemental petition in error cannot be filed after the Court has dismissed the appeal as premature.
(5) The filing of an amended or supplemental petition in error shall not extend the time to file record, transcripts, or briefs, without leave of the Court on motion of a party.

(d) Post-trial Order for Attorney's Fees, Interest, or Costs.

An amended petition in error to challenge a post-trial order granting or denying costs, interest, or attorney's fees must be filed with this Court within thirty (30) days of the date of the post-trial order challenged. The amended petition in error may be filed without payment of costs, subject to leave of court which will be granted or withdrawn subsequent to filing. An appellate court may order such an appeal to be redocketed and given a different number upon payment of an accompanying cost deposit.
When a petition in error challenging a post-trial order granting or denying costs, interest, or attorney's fees is premature, a supplemental petition in error challenging that order may be filed within (30) days from the date of the post-trial order or at any time prior to the date of the Supreme Court's order dismissing the premature petition, whichever is later. See Rule 1.26(c).
An amended petition in error challenging a post-judgment order granting or denying costs, interest, or attorney's fees may be filed in an appeal governed by Rule 1.36 as specified by that Rule.

(e) Copies.

An original and fourteen copies shall be filed of amended or supplemental petitions in error.

RULE 1.27 - MULTIPLE APPEALS

(a) Cross-Appeal or Counter-Appeal.

If a petition in error has been timely filed to commence an appeal from an appealable decision, then a party aggrieved by the same decision may file a petition in error within forty (40) days of the date the judgment was filed with the district court clerk. Petitions in error which commence an appeal from the same appealable decision or from different appealable decisions in the same case shall so far as possible be filed under the same docket number, except when one of the appeals is brought pursuant to Rule 1.36. If more than one petition in error addressed to the same decision is filed the same day, the court shall determine which of these petitions in error is to be regarded as bringing the principal appeal and which constitutes a counter-appeal, a cross-appeal or some other form of appeal.
Only one cost deposit prescribed by statute shall be required in this Court for multiple appeals from the same case filed under the same number. This cost deposit shall be paid by the party who first shall file a petition in error in this Court. See Rule 1.36(k) and (l) for multiple appeals involving one or more appeals governed by Rule 1.36. Appeals from different appealable decisions in the same district court case, filed in a pending appeal, are subject to leave of court which will be granted or withdrawn subsequent to filing. An appellate court may order a later appeal to be redocketed as a new cause upon payment of an accompanying cost deposit.

(b) Form of Petition in Error.

Where there is a cross-appeal or a counter-appeal the petition in error shall be headed the same as the original petition in error; it shall use the docket number assigned to the original appeal; it shall name the parties to the cross-appeal or the counter-appeal; and it shall state the date that the original petition in error was filed with the Clerk of this Court. The petition in error form required by Rule 1.25 shall be used for a cross-petition or a counter-petition.

(c) Single Record on Multiple Appeals From the Same Decision or Same Trial Court Case.

When multiple appeals are taken from the same decision or from different appealable decisions in the same case by petitions in error filed in this Court either under the same or different numbers the appeals may be consolidated and a single record on appeal shall be prepared by the clerk. The record shall contain in chronological order and without duplication all the matter either designated by all the parties or stipulated by them for inclusion or transcription. The record for an appeal governed by Rule 1.36 is provided by that Rule.

(d) Consolidated and Companion Appeals.

It shall be the duty of the parties to notify the Court of prior or related appeals. Related appeals may be consolidated in cases where separate appeals have been taken from either the same judgment or order or different judgments or orders in the same case in the district court. If appeals are consolidated, one set of briefs will be filed under the surviving case number. A single record is prepared for consolidated appeals, unless one of the appeals is governed by Rule 1.36. If one or more of the related appeals are governed by Rule 1.36 the appellate court may consolidate the appeals. See Rule 1.36(k).
When related appeals are inappropriate for consolidation they may be treated as companion appeals by the appellate court if no delay in decision would result. Companion appeals each contain separate records, are briefed separately, and are assigned to the same court for decision.
The appellate court has the discretion sua sponte, or upon motion of a party, to consider any appeals including one or more appeals governed by Rule 1.36 as companion or consolidated appeals.

(e) Appeal from a Judgment Adjudicating Less Than All Claims and Parties.

When an appeal is taken from a judgment on fewer than all claims and all parties pursuant to 12 O.S.Supp.1995 § 994, cross-appeals and counter-appeals from the § 994 judgment may be filed with the same appellate case number and without the cost deposit. Appeals from appealable orders subsequent to the § 994 judgment shall be filed under a new case number and must be accompanied by the cost deposit. Subsequent appeals from the same trial court proceeding may be consolidated on motion of any party, or on the court's own motion. It shall be the duty of the parties to notify the Court of such related appeals.

(f) Joinder of Parties in Single Petition in Error.

Two or more parties may join in any appeal by filing a single petition in error. Each party joining in the appeal must be specifically named as an appellant in the style of the petition in error, i.e., designations such as "et al." shall not be used to designate parties to the appeal. The petition in error shall comply with Rule 1.25. A statement of the precise points of law to be urged by a joint petition in error shall be regarded as joint and several.

RULE 1.28 – RECORD

(a) All Parties to an Appeal Must Designate a Record. All parties to an appeal shall file either a designation of record or counter designation of record using Rule 1.301, Form 11, or by complet ing the designation of record proce ss through the OUCMS.

(b) Designation of Record. Concurrently with or prior to filing a copy of the petition in error in the trial court, the party desiring to appeal shall mail to the other parties or their counsel and file in the trial court from which the appeal is to be taken, a designation of any pertinent instruments filed in the case and of proceedings and evidence adduced which are sought to be included in the record on appeal. An original and one copy of the designation of record shall be filed in the trial court. If there is designated for inclusion in the record any evidence or proceeding at a trial or hearing which was stenographically reported, an additional copy of the designation shall be given to the court reporter, and the cost of preparing the transcript shall be advanced forthwith by the designating party.

The designation of record shall be made using the form prescribed by Rule 1.301, Form No. 11, . or by the designation of record process in the OUCMS . Pleadings and other papers filed with the district court clerk in the case shall be designated by either: 1. Circling the document on a copy of the court clerk's appearance docket, and attaching a copy of . If this method is used the appearance docket shall be attached to the designation of record; . or 2. Listing the specific pleadings or other papers on the face of the designation of record form; or, 3. B y selecting the items on the designation of record screens of the OUCMS. No designation of record which generally includes the entire trial court record shall be filed without order of the Chief Justice.

The record on appeal shall not include the following unless upon order of the trial court or appellate court, or unless the document is specifically drawn in issue by the appeal: subpoenas, summonses, certificates of service, returns and acceptances of service, and procedural motions or orders (e.g., continuances, extensions of time, etc.). Depositions filed but not offered or admitted into evidence must be excluded from the record on appeal. Materials which were not before the trial court at the time of the decision appealed are not properly part of the record on appeal without order of the trial court or the appellate court.

Appellant's designation of record submitted on F formNo. 11 shall must contain the certification by the court reporter when a transcript is ordered. See 12 O.S.Supp.2000 § 990A(G), . Alternatively, i f using the OUCMS designation of record process, the appellant shall provide the court reporter's certification using the form prescribed by Rule 1.301, Form No. 11A . Form No. 11A shall be attach ed to the designation of record submission or shall be filed in the district court case before the designation of record process is commenced and it must be selected during the designation of record process . T he court reporter may sign Form No. 11A with an electronic signature. See Rule 1.301, Form No. 11A .

A copy of appellant's designation of record shall be filed in the Supreme Court at the time the petition in error is filed or at the time the designation of record is filed in the District Court, whichever occurs later. Nothing herein precludes the appellate court from ordering any additional parts of the entire trial court record to be transmitted to the appellate court at any stage of the appeal.

(1) Designation of Record When the Record on Appeal Must Be Completed Earlier Than Six Months From the Date of Judgment. When statute or court rule requires completion of the record earlier than six months from the date of judgment the appellant shall file the designation of record within such time as required by statute or rule specific for the appeal. When statute or rule does not specify the time to file the designation of record for such an appeal the designation shall be filed within such time so as to allow the filing of a counter designation and timely preparation of the record. Any party may seek appropriate relief in the trial court to require timely filing of designations of record and timely completion of the record.
(2) County Budget Appeals. In appeals from a final order of the district court approving or disapproving the setting of a county budget appellant's designation of record shall be filed in the trial court within five days after the date of the judgment. Appellee's counter designation shall be filed within five days after the designation of record is filed.
(3) Juvenile Appeals. In an appeal from a District Court to the Oklahoma Supreme Court and involving a judgment or order issued pursuant to Title 10 of the Oklahoma Statutes in paternity proceedings, or Oklahoma Children's Code proceedings, or Oklahoma Juvenile Code proceedings, or Oklahoma Adoption Code proceedings, (sometimes referred to as a "juvenile appeal"), appellant's designation of record shall be filed in the trial court within ten days of the date of the order appealed. Appellee's counter designation shall be filed within ten days after the designation of record is filed.
See 10 O.S. § 80 (paternity appeal); 10A O.S. § 1-5-103 (Oklahoma Children's Code appeal); and 10 O.S. §§ 7505-2.1, 7505-4.1, & 7505-7.1 (Oklahoma Adoption Code appeal). See 10 O.S. 1991 § 80 (paternity); 10 O.S.Supp.2000 § 7003-6.4 (Oklahoma Children's Code); 10 O.S.Supp.2000 § 7303-6.2 (Oklahoma Juvenile Code) and 10 O.S.Supp.2000 §§ 7505-2.1, 7505-4.1, & 7505-7.1 (Oklahoma Adoption Code).

(c) Counter Designation of Record. All appellees (including counter-appellees and cross-appellees) shall file a counter designation of record in the trial court. The counter designation of record shall be made using the form prescribed by Rule 1.301, Form No. 11, or by . completing the counter designation of record process through the OUCMS. If an appellee does not order transcripts or record in addition to that designated by the appellant the appellee's designation of record shall so state on the counter designation of record form. An original and one copy of the counter designation of record shall be filed in the trial court. If additional portions of the proceedings and evidence are designated, an additional copy of the designation shall be given to the court reporter.

The appellee's (counter-appellee's, cross-appellee's) counter designation of record shall be filed in the trial court within 20 days after appellant's (counter-appellant's or cross-appellant's) designation of record is filed in the trial court. The times to file a counter designation of record in specific appeals are provided by Rule 1.28(b)(1), (2), and (3). A copy of the appellee's (counter-appellee's, cross-appellee's) counter designation of record shall be filed in the Supreme Court at the time the response to the petition in error is filed or at the time the counter designation of record is filed in the District Court, whichever occurs later.

(d) Cost of Transcribing Trial or Proceedings. Each appellant (counter or cross-appellant) must timely advance the costs, including cost deposit for transcripts ordered by any party relating to the appeal of that appellant. The trial court may, after notice and prompt hearing for good cause shown, direct parties to pay costs for transcript preparation in another equitable manner, pending final allocation of costs at the termination of the appeal. Proceedings in the trial court regarding allocation of costs shall not delay the appellate proceedings.

(e) Failure to Advance Costs Promptly. If the party required to advance costs shall fail to do so within a reasonable time, the trial court shall so certify to this court. Failure to pay costs required by this Rule shall not be good cause for an extension of time to complete the record and shall be ground for dismissal of the appeal (counter-appeal or cross-appeal) or any other sanction the appellate court deems appropriate.

(f) Error in Assessing Costs Reviewable. Trial court's errors in assessing costs for transcribing designated portions of the record may be reviewed by the appellate court if challenged by any party. Trial court decisions in assessing costs for transcribing designated portions of the record may be challenged by an amended petition in error and subsequent brief in the appeal.

(g) Designation of Record by Stipulation of Parties. Instead of serving designations, the parties may designate the record on appeal by written stipulation. T he stipulated designation of record may be filed conventionally or through the designation of record process of the OUCMS, and shall include a notation that the designation is stipulated by all parties. The stipulat ed designation of record shall be filed in the trial court within 10 days after the petition in error is filed. This time limit may be extended by the trial court. Where portions of the evidence must be transcribed and exhibits incorporated, a copy of the stipulation must be given to the court reporter and the cost of transcribing advanced.

The parties may not stipulate to designate the entire trial court record. The parties may not stipulate to designate items prohibited by Rule 1.28(b), unless the trial court or appellate court has authorized by order their inclusion in the record on appeal.

(h) Power of Court to Order Additional Record. Nothing provided in this rule shall prevent the trial court or an appellate court from ordering that any undesignated portions of the record be transcribed and from assessing the cost thereof.

(i) Transcript Designated and Furnishing Copy of Designation to Court Reporter. Transcripts shall be ordered using the Designation of Record Form, or the Designation of Record document submitted through OUCMS, and a completed copy thereof shall be delivered to the court reporter and to every party when the designation of record is filed in the trial court. The transcripts and the particular trial or hearing exhibits necessary to a review of the issues briefed shall be clearly and separately designated on the form. "Transcripts" includes transcripts of videotape, audiotape or other magnetic media.

(j) Penalties for Designating Excessive Portions of Transcript. When this court determines on motion to tax costs made after the determination of the appeal but before mandate is issued that any party has designated for inclusion in the record on appeal unnecessary portions of the proceedings or evidence either at that party's expense or at the expense of another party, the costs of transcription attributable to the unnecessary portion shall be taxed against the designating party (or be ordered to be borne by such party).

(k) Fees for Assembling Record and Cost of Transcribing Trial or Proceedings in a Juvenile Appeal. In an appeal from a District Court to the Oklahoma Supreme Court and involving a judgment or order issued pursuant to Title 10 or 10A of the Oklahoma Statutes in paternity proceedings, or Oklahoma Children's Code proceedings, or Oklahoma Juvenile Code proceedings, or Oklahoma Adoption Code proceedings, (sometimes referred to as a "juvenile appeal"), the fee for preparing, assembling, indexing, and transmitting the record for appellate review shall be paid in the manner provided by 28 O.S.Supp1997 § 162(E D). After a petition in error is filed the District Court retains jurisdiction to facilitate the completion of the record and allocate the costs of its preparation. Okla. Sup. Ct. R. 1.37(a); 28 O.S.Supp.1997 § 162(E D). When parental rights are terminated the District Court retains jurisdiction to determine if a parent is indigent for the purpose of payment of the fee required by § 162(E D) and payment for transcripts designated to be included in the record on appeal. M.L.B. v. S.L.J., 519 U.S. 102 (1996); Okla. Sup. Ct. R. 1.37(a); Okla.Sup.Ct.R. 1.28(d). Alleged error in a District Court's order adjudicating indigent status or in allocating the costs of transcripts may be challenged in the original appeal by filing in the Supreme Court an amended petition in error within thirty (30) days of the date of the District Court's order, or by filing in the original appeal in the Supreme Court a motion within thirty (30) days of the date the District Court's order is filed in that court. Okla.Sup.Ct.R. 1.28(f) & 1.37(b).

RULE 1.29 – DESIGNATION OF RECORD WHERE REVERSAL IS SOUGHT SOLELY ON GROUND OF INSUFFICIENCY OF EVIDENCE TO SUPPORT VERDICT OR JUDGMENT

If the party taking an appeal asserts as a ground for reversal that the evidence is insufficient to support the verdict or judgment, that party need not designate for transcription any of the evidence in the case, but instead may serve on the adverse party a statement specifying the material facts which allegedly were not proved. Within ten days after the receipt of such statement the opposing party shall file in the trial court, mail to the other parties in the case (or their counsel) and give to the court reporter a statement designating for transcription so much of the evidence as the opposing party relies upon to establish proof of the specified facts, at the cost of the appellant. If more evidence than necessary is designated for transcription, the trial court shall order the designated portions abbreviated or direct that the excess be transcribed at the cost of the designating party. The provisions of Rule 1.28(d), (e) and (f) shall apply to transcripts sought to be procured under this Rule. On failure of a party who did not appeal to designate for transcription, within the time limit provided herein, the evidence relied upon to establish the specified facts, appellant may move in this court for summary reversal of the decision sought to be reviewed.

RULE 1.30 – PREPARATION OF NARRATIVE STATEMENT OF TRIAL OR PROCEEDINGS IN LIEU OF TRANSCRIPT

If no stenographic report of the evidence or proceedings at a hearing or trial was made or if a transcript of the reporter's notes cannot be prepared or where the judgment involves an involuntary loss of liberty, personal freedom or incarceration and where the appealing party is an indigent, the party desiring to take the appeal under these rules (or any other party) may prepare a statement of the evidence or proceedings in the narrative form from the best available means including the party's recollection for use in lieu of a stenographic transcript.

Where no stenographic report was made, this statement shall be filed with the court clerk and submitted to the opposite parties within ten (10) days after the filing of the petition in error; where a transcript of the court reporter's notes cannot be prepared, this statement shall be filed with the court clerk and submitted to the opposite parties within twenty (20) days after the party desiring to appeal discovers that the reporter's notes are unavailable or cannot be transcribed. These time limits may be extended by the trial court for good cause shown. The statement that is filed shall contain a certificate that copies have been submitted to the opposite parties. The narrative shall (1) be sworn to before an officer authorized by law to administer oaths (2) set forth that Rule 1.30 is relied on (3) inform the opposing party of the time and method for objections or amendments, and (4) advise the opposing party of the consequences of failure to object or move for proposed amendments. The opposite parties may object or propose amendments to the statement within ten (10) days after receipt. Thereupon, the statement, and any objections thereto, or proposed amendments shall be submitted, upon due and advance notice to all parties, to the trial judge for settlement and approval and as settled and approved shall be included by the clerk in the record on appeal. All narrative statements must be signed by the trial judge prior to submission to the Supreme Court, regardless of whether an objection or amendment was filed in the trial court.

Use of the narrative statement must be noted on the designation of record.

RULE 1.31 - PREPARATION OF STATEMENT IN LIEU OF RECORD ON APPEAL

When points of law which are to be presented on the appeal can be determined without an examination of trial court's record, the parties may within thirty (30) days after the filing of the petition in error, prepare and sign a statement of the case showing how the questions arose and were decided and setting forth as many of the facts as are essential to a decision on appeal. The statement with a copy of the trial court's decision attached shall be filed with the clerk and submitted to the trial court. The statement together with such additions as the trial court may consider necessary fully to present the questions to be urged, shall be approved by the trial judge or the judge's successor and shall be certified by the judge as the record on appeal. The designations of record by both parties need not be filed until the contents of the record are settled pursuant to this rule, and the designat ions must state that a statement in lieu of record on appeal is used for the appeal. Whenever possible, t he resulting record on appeal shall be created through the designation of record process of the OUCMS, and shall include a notation that the record is a result of the above-referenced process.

RULE 1.32 - CORRECTNESS OF TRANSCRIPT AND AMENDMENT OF RECORD

(a) Controversy over Correctness of Transcript or Record.

Issues involving the correctness of the transcript or of other materials to be included in the record shall be resolved by the trial court, if the dispute should arise before the record is transmitted to this court. If the dispute should arise after transmission of the record, this court shall designate the mode of proceedings to resolve the issue.

(b) Correction of a Record Transmitted to Supreme Court.

A record which has been transmitted to this court may be amended nunc pro tunc with leave of this court on application to the trial court. Notice of hearing the application shall be given to the opposite parties as the trial court may direct. After hearing the application, the trial court may order the record amended nunc pro tunc by adding any omitted instrument or by correcting any instrument contained in the transmitted record. The original application, notice, transcript of proceedings, if any were had, and the order amending the record, together with the original instruments ordered to be included, shall be listed and authenticated in a certificate of the clerk of the trial court and transmitted to the clerk of this court for incorporation into the record in this court. If the trial court should refuse to amend the record, the application, notice, transcript of proceedings, if any were had, and the trial court's order shall be transmitted to this court in the same manner.

RULE 1.33 – FORM AND CONTENTS OF RECORD

(a) Duties of Clerk to Assemble Record.

(1) Electronic Filing via OUCMS: Provided the Oklahoma Unified Case Management System (OUCMS) has been implemented in both the district and appellate court at the time the appeal is commenced, where any statute or court rule requires the district court clerk to prepare, certify, and transmit a record on appeal to the clerk of the appellate court, an Electronic Record ( E-Record ) transmitted through the OUCMS shall satisfy that requirement. The E-Record shall be a chronological compilation of all instruments on file which have been designated for inclusion in the record on appeal and all orders made in the trial court with respect to the content of the transcript and assessment of cost. The instruments in the electronic record , indexed and numbered consecutively , shall be certified under the seal of the clerk , using the Certification and Notice of Completion of Electronic Record form prescribed in Rule 1.301, Form No. 12A . The record will not be re-paginated. Although a number will be assigned to each document in the record on appeal, the original internal pagination of each document will remain unchanged. The E-R ecord shall be transmitted to the clerk of the appellate court at the same time as the Certification and Notice of Completion of Electronic Record form No. 12A. A ll designations of record shall be included in the record on appeal . A copy of the appearance docket as of the date the record is certified shall be included in the record on appeal. For items which are not capable of being electronically transmitted , the court clerk must mail or deliver the non-electronic items to the Clerk of the Supreme Court , numbered consecutively, indexed and bound, and certified under the seal of the clerk.
(2) Conventional Means: Where the OUCMS is not implemented in both the district and appellate court at the time the appeal is commenced, a After the designations of the record are made, the clerk shall promptly assemble in chronological sequence all of the instruments on file which have been designated for inclusion in the record on appeal and all orders made in the trial court with respect to the content of the transcript and assessment of cost. The instruments, numbered consecutively, indexed and bound, shall be certified under the seal of the clerk. All designations of record shall be included. A copy of the appearance docket shall be included in the record on appeal.

(b) Abbreviation of Record; Certified Copies of Instruments.

If the items of an account or the pages attached to the pleadings be voluminous, the trial court may order the record to be abbreviated by a narrative description of the omitted instrument, or by omitting such instrument entirely. The trial court may direct, for good cause shown, that certified copies be substituted either for original instruments (or their portions) or for trial exhibits.

(c) Duties of Court Reporter to File Transcripts and Assemble Exhibits, Copy of Transcript Upon Payment, and Duty of Appellant to Monitor Preparation.

The original transcript indexed and certified as correct together with two (2) certified copies and the exhibits in the case if any shall be filed in the trial court by the court reporter. Transcripts shall be completed and filed in the trial court as soon as practicable after they have been ordered, and in any event within sufficient time to permit the court clerk to file the Notice of Completion of Record within six (6) months after the filing of the judgment, decree or order from which the appeal was taken.In district courts where the OUCMS is implemented, the court reporter shall follow any rules and/or procedure s for filing of electronic transcripts which have been prescribed by the Supreme Court.
The trial exhibits shall be indexed and incorporated into the transcript either by reference or physical attachment, as the court reporter may deem advisable. However, only two dimensional exhibits no larger than 8 1/2" x 14" may be transmitted to the Supreme Court with the record, except upon order of the Court.
If any party desires a copy of a transcript for his or her sole use such party shall procure it from the court reporter upon payment of cost.
If a transcript is sought to be included in the record on appeal, it shall be the responsibility of the trial court to expedite the preparation thereof by such orders, prospective or retrospective, to assure the earliest possible completion of the record. The appellant has the burden of monitoring the preparation of the appellate record and seeking relief from the trial court for its timely completion.

(d) Definition of Record on Appeal.

The record on appeal shall consist only of those portions of the "entire trial court record" properly designated by a party to the appeal or ordered by the appellate court. The "entire trial court record" shall consist of all papers and exhibits filed in the trial court, the reporter's notes and transcripts of proceedings, and the entries on the appearance docket in the office of the trial court clerk. A copy of the appearance docket shall be included in the record on appeal.
Only papers filed and exhibits presented to the trial court together with transcripts necessary to the appeal may be included in the record on appeal.

(e) Access to the Record by Parties or Counsel.

Until a uniform rule of procedure has been promulgated by this court, the parties shall have access to the transcript and to the bound instruments on file in the trial court on such terms as that court may impose.

(f) Access to the Record by Parties or Counsel in Custody/Visitation Disputes.

When a parent intends to appeal a custody or visitation determination and the trial court has previously held an in camera interview with the child or children, and a transcript of the proceeding was taken either by order of the trial court or by request of the parties, the transcript shall be provided the parties upon request and payment of costs. If no appeal is taken, it is within the trial court's discretion whether to allow the parties access to the transcripts.

RULE 1.34 – TIME FOR COMPLETION OF RECORD

(a) Time to Make Record Ready for Transmission. The record on appeal shall be ready for transmission to this court not later than six months from the date of the judgment or order appealed. When statute or specific rule requires completion of the record earlier than six months from the date of judgment that statute or rule shall be followed. See, e.g., 1.34(b), (c), (d), and (e). Appellant must monitor the preparation of the record and seek the appropriate relief when necessary for its timely preparation. See Rule 1.33(c), Rule 1.34(g). All transcripts shall be ordered and designations of record made in sufficient time that the entire record on appeal (including transcripts) may be completed and transmitted within the time limits required by statute or these rules.

(b)

County

Budget

Appeals. In appeals from a final order of the district court approving or disapproving the setting of a county budget the record shall be ready for transmission to this court within thirty (30) days of the date of the judgment. If a transcript is sought to be included in the record on review, it shall be the responsibility of the trial court to expedite the preparation thereof by such orders, prospective or retrospective, in effect as may seem proper to assure the earliest possible completion of the record.

(c) Driver's License Appeals.

(1) Conventional Means: In all appeals from decisions falling within the provisions challenging a decision falling with the provisions of 47 O.S.2000 § 6-211(M) (driver's license appeals), whether prosecuted under these Rules or under the cited section, the record shall be filed in the Supreme Court with the petition in error, except as provided in section (2 ) below.
(2) Electronic filing via OUCMS: Where the OUCMS has been implemented in both the district and appellate court at the time the appeal is commenced, the appellant shall electronically file a designation of record with the district court clerk and the appellate court clerk no later than the date of the filing of the petition in error. The electronic record shall be prepared and transmitted by the district court clerk as in appeals from other final district court orders except that the record shall be transmitted to the Clerk of the Supreme Court by the district c ourt no later than thirty (30) days after the petition in error is filed.

(d) Water Conservancy Appeals. In appeals involving water conservancy districts, 82 O.S.1991 § 545 and 82 O.S.1991 § 508, the record shall be ready for transmission within the time limits prescribed in those statutes for filing the appeal.

(e) Juvenile Appeals. In an appeal from a District Court to the Oklahoma Supreme Court and involving a judgment or order issued pursuant to Title 10 of the Oklahoma Statutes in paternity proceedings, or Oklahoma Children's Code proceedings, or Oklahoma Juvenile Code proceedings, or Oklahoma Adoption Code proceedings, (sometimes referred to as a "juvenile appeal"), the Notice of Completion of Record shall be filed in the Supreme Court immediately upon completion of the record on appeal. In all juvenile appeals other than appeals from adoption orders, the record on appeal shall be completed for transmission no later than sixty (60) days from the date of the order or judgment appealed. In appeals pursuant to the Oklahoma A adoption Code the record on appeal shall be completed no later than thirty (30) days from the date the petition in error is filed in the Oklahoma Supreme Court. See 10 O.S. § 80 (paternity appeal); 10A O.S. § 1-5-103 (Oklahoma Children's Code appeal); and 10 O.S. §§ 7505-2.1, 7505-4.1, & 7505-7.1 (Oklahoma Adoption Code appeal). See 10 O.S.1991 § 80 (paternity); 10 O.S.Supp.2000 § 7003-6.4 (Oklahoma Children's Code); 10 O.S.Supp.2000 § 7303-6.2 (Oklahoma Juvenile Code) and 10 O.S.Supp.2000 §§ 7505-2.1, 7505-4.1, & 7505-7.1 (Oklahoma Adoption Code).

(f) Reserved.

(g) Extension of Date for Completion of Record. The appealing party, whether an appellant, counter or cross-appellant, bears responsibility to ensure timely preparation of an adequate record to review the issues urged by that party. The appealing party must timely order and pay for transcripts, designate record, monitor proper completion in the trial court, and request any extensions of time if necessary for the performance of duties of the court reporter or district court clerk.

To obtain an extension of time to file the Notice of Completion of Record in the Supreme Court the appellant must file a motion for extension of time prior to the due date of the Notice of Completion of Record. A court reporter or court clerk may not file a motion for extension of time to file the Notice of Completion of Record.

The appellant's motion for extension of time must show good cause for the extension. Good cause for the delay in completing the transcripts or compiling the record shall be shown by attachment of an affidavit of the court reporter or court clerk, as applicable. No more than one thirty (30) day extension of time shall be granted to file a Notice of Completion of Record. The motion must comply with Rule 1.6.

(h) Duties of Clerk on Completion of Record. The clerk of the trial court shall upon completing the record for the appeal:

I. file with the Clerk of the Supreme Court a Notice of Completion of Record (Rule 1.301, Form 12, with Index of Record attached) stating that the record on appeal has been completed for transmission, and the parties or their counsel have been notified, or for those c lerks filing the record electronically through OUCMS , file the Certification and Notice of Completion of Electronic Record (Rule 1.301, Form 12A) at the time the electronic record is transmitted and;
II. notify all parties or their counsel when the record on appeal has been completed and Rule 1.301, Form 12 or Form 12A the Notice of Completion of Record has been filed with the Supreme Court.

(i) Duty of Clerk if Designations Do Not Require Proceedings or Evidence to Be Transcribed. If the designations do not require any part of the proceedings or evidence to be transcribed, the clerk shall immediately file a Notice of Completion of Record with the Clerk of the Supreme Court and notify the parties that the record on appeal has been completed, is ready for transmission to the court, and that a Notice of Completion of Record has been filed. For those clerks filing the record electronically through OUCMS, the clerk shall file the Certification and Notice of Completion of Electronic Record (Rule 1.301, Form 12A) at the time the electronic record is transmitted .

(j) Record in Appeals From Summary Judgments and Dismissals. In appeals from summary judgments and dismissals governed by Rule 1.36 the record is required to be filed with the petition in error and any supplement may be filed with the response to the petition in error, as provided therein. In appeals filed electronically through the OUMCS, the record shall be completed and transmitted in the same manner as appeals from other district court final orders or judgments , but in any event, no later than 60 days after the petition in error is filed.

(k) Duties of Court Clerk when Unable to Complete E-Record

When unable to complete the E-Record within the prescribed time , the clerk of the trial court shall:

I. file with the Clerk of the Supreme Court a Notice of Non-Completion of E-Record (Rule 1.301, Form 12B) stating the reason(s) that the record on appeal cannot be completed and that the parties or their counsel have been notified, and;
II. send a copy of Form 12B to all parties or their counsel .

RULE 1.35 - FEES FOR ASSEMBLING RECORD AND TRANSCRIBING PROCEEDINGS

The fees which the clerk of the trial court shall be paid for preparing, filing and transmitting the record and the fees to which the court reporter shall be entitled for transcribing notes of testimony and proceedings and for copying any papers required by the trial court or this court to be copied shall be those which are now or subsequently may be provided by statute. The required fee for preparing and transmitting the record shall be paid by the party taking the appeal. 28 O.S.Supp.2000 § 155.1. The costs of transcribing proceedings is governed by Rule 1.28. See Okla.Sup.Ct.R. Rule 1.28(k) for payment of record fee and transcription costs in appeals from orders and judgments in specified Oklahoma Title 10 or Title 10A proceedings.

RULE 1.36 – ACCELERATED PROCEDURE FOR SUMMARY JUDGMENTS AND CERTAIN DISMISSALS

(a) Cases applied.

The Rule 1.36 accelerated procedure will govern appeals from:

1. summary judgments in cases in which the motions were filed under District Court Rule 13 after October 1, 1993; and
2. final orders in cases in which motions to dismiss for failure to state a claim or lack of jurisdiction (of a person or subject matter) under District Court Rule 4 were filed after October 1, 1993.

In multi-party or multi-claim cases the summary judgment or dismissal order must either (1) dispose of all claims and all parties or (2) entirely dispose of at least one claim or one party and contain the express determination that there is no just reason for delay with the express direction by the trial judge that judgment be filed. See 12 O.S.Supp.1995 § 994.

(b) Commencement of Appeal.

Appeals in these cases will be commenced by filing a petition in error with the certified copy of dismissal order or of summary judgment and, where applicable, a certified copy of the order denying new trial, with payment of costs or an affidavit in forma pauperis. The petition in error must comply with all Rules to the extent they are consistent with Rule 1.36. The record or designation of record shall be filed at the same time as the petition in error, as prescribed by . Rule 1.36(d).

(c) Record on Appeal.

The record on appeal will stand limited to:

(A) In appeals from summary judgment:

(1) the memorialized order by which summary judgment was entered;
(2) pleadings proper as defined by 12 O.S.1991 2007(A), (petition, answer, etc.);
(3) applicable instruments on file, including the motion and response with supporting briefs and attached materials filed by the parties as required by District Court Rules 13(a) and 13(b);
(4) any other item on file which, according to some recitation in the trial court's journal entry or in some other order, was considered in the decisional process;
(5) any other order dismissing some but not all parties or claims;
(6) any transcripts of proceedings on the motion(s);
(7) any motions, along with supporting and responsive briefs, for new trial (re-examination) of the summary judgment process;
(8) the appearance docket; and
(9) a cover page and Index of the record prepared by the party.

(B) In appeals from final orders on motions to dismiss:

(1) the memorialized order of dismissal;
(2) pleadings proper as defined by 12 O.S.1991 2007(A), (petition, answer, etc.);
(3) the instruments upon which the dismissal is rested;
(4) the motion(s) to dismiss and any supporting brief(s);
(5) any responsive brief by the party asserting the claim;
(6) any other item on file which, according to some recitation in the trial court's dismissal order or in some other order, was considered in its decision;
(7) any other order dismissing some but not all parties or claims;
(8) any transcripts of proceedings on the motion;
(9) any motions, along with supporting and responsive briefs, for a new trial (re-examination) of the dismissal order;
(10) the appearance docket;
(11) a cover page and Index of the record prepared by the party.

(d) Record, Filing, Index, Copies, Transcripts, Costs, Supplement to Record, and Additional Copies on Certiorari.

( 1 ) Electronic Filing via OUCMS: W here the Oklahoma Unified Case Management System ( OUCMS ) has been implemented in both the district and appellate court at the time the appeal is commenced, t he appellant shall electronically file a designation of record with the district court clerk and the appellate court clerk in the same manner as in appeals from final district court orders. See Rule 1.28.
The electronic record shall be prepared and transmitted by the District Court Clerk as in appeals from final district court orders, except that the record shall be transmitted to the Clerk of the Supreme Court by the District Court Clerk no later than sixty (60) days after the petition in error is filed . See Rules 1.33-1.35 .
( 2 ) Conventional Means: Where t h e OUCMS is not implemented in both the district and appellate court at the time the appeal is commenced, t The record shall be filed by appellant as a separate document, not attached to the petition in error. The record shall be titled "Record on Accelerated Appeal," and shall be preceded by a separate page containing signature of counsel (or pro se parties) and a certificate of service, followed by an "Index to Contents of Record." The index shall use numeric references which shall correspond to tabs for each of the documents or transcripts included in the record. The record shall consist of copies of instruments authorized by Rule 1.36(c), selected for inclusion by the appellant. To the front of the original and each of the copies of the record there shall be appended the court clerk's certificate identifying each of the included instruments as a true and correct copy of the original on file in the court clerk's office.
An original and four (4) copies of the record and certificate of the clerk shall be filed. One copy shall be served on every other party to the appeal unless waived, and any such waiver must be reflected on the certificate of service.
An appellant who is an inmate, as defined by the provisions of 57 O.S. §566 (B)(2), lawyerless and unable to produce the record required by this subsection, may attach to the petition in error an affidavit that discloses his (or her) prisoner status and sets out a designation of record to be assembled for the appeal. When such affidavit is filed, the Supreme Court's clerk shall order from the trial court's clerk the original record which is to be compiled in accordance with the inmate's designation in the text of his (or her) affidavit. If the appealing inmate's pauper's affidavit is on file in this court, the record shall be prepared and transmitted to this court - without payment of costs - within thirty (30) days of the date the inmate's affidavit (with designation of record) is transmitted to the trial court by this court's clerk.
It shall be the appellant's duty to order transcripts from the court reporter and to pay costs to ensure timely completion of transcripts. If the transcripts are not filed with the petition in error because of delay in transcription, no more than one 30-day extension of time to complete transcripts will be granted by the court for good cause shown.
If the appellee desires to include documents or transcripts not included by the appellant in the record on appeal, the appellee shall order any such transcript and file a separate document titled "Supplement to Record on Accelerated Appeal," attaching any instruments or transcripts in the same form and manner as required for an appellant under Rule 1.36 herein. Any such supplement to the record shall be filed concurrently with the Response to the petition in error. The cost of transcribing appellee-ordered portion of the record will be borne by the appellant unless: (1) The trial judge finds that the portion supports a counter or cross-appeal, or (2) The trial judge directs otherwise for good cause shown. In the latter event the appellee shall pay the transcription fee.
In the event that any party files a petition for writ of certiorari to review a Court of Civil Appeals decision under this accelerated procedure, the Supreme Court may issue an order requiring the party who filed such petition for writ of certiorari to submit to the Supreme Court Clerk additional copies of the Record on Accelerated Appeal and any Supplement to Record on Accelerated Appeal.

(e) Response.

(1) Electronic Filing via OUCMS: Where the Oklahoma Unified Case Management System (OUCMS) has been implemented in both the district and appellate court at the time the appeal is commenced, r Response(s) to the petition in error shall be filed within 20 days of the petition in error. If the appellee desires to include documents or transcripts not included by the appellant the appellee shall file a counter-designation of record with the response to the petition in error.
(2) Conventional Means: Where the OUCMS is not implemented in both the district and appellate court at the time the appeal is commenced, I response(s) to the petition in error shall be filed within 20 days of the petition in error. If the appellee desires to include documents or transcripts not included by the appellant the appellee shall comply with Rule 1.36(d)(2).

(f) Assignment of Appeal.

When the appellate clerk has received the applicable filings and record, After a response has been filed or the time for filing has expired, the appeal may be assigned to a division of the Court of Civil Appeals, unless initial screening is incomplete or there are unresolved jurisdictional, procedural or postural defects. Assignment to the Court of Civil Appeals shall be in the manner directed by the Chief Justice, with notice given to the parties.

(g) Appellate Review and Briefs.

The appellate court shall confine its review to the record actually presented to the trial court. Unless otherwise ordered by the appellate court, no briefs will be allowed on review. If briefs are ordered, the appellate court will prescribe a briefing schedule. Motions for leave to submit appellate briefs shall be deemed denied unless affirmatively granted by the court. No briefs shall be tendered by attachment to a motion for leave to brief, and the clerk shall not accept or file an appellate brief without prior leave of the court. A motion for appeal related attorney's fees must be made by motion prior to mandate. See Rule 1.14.

(h) Oral Argument.

Appeals may be decided pursuant to this rule with or without argument. If argument is granted and the appellate court should orally announce its decision from the bench, it shall also, as in other cases, hand down a memorandum opinion or order.

(i) Certiorari.

Certiorari to review any decision of the Court of Civil Appeals made pursuant to this rule may be sought in the same manner as in any other appeal. The time for filing a petition for certiorari is governed by Rules 1.178, 1.179.

(j) Motion to Retain.

Nothing in this rule shall prevent a party from requesting the Supreme Court to retain the case prior to its assignment to the Court of Civil Appeals. The assigned division of the Court of Civil Appeals may, on its own motion or on motion of a party, order any appeal removed from consideration by this accelerated procedure and reassigned for disposition by regular appellate process. In any such case the appellant shall be directed to designate the record on appeal, and the Notice of Completion of Record shall be due 60 days from the date of the order of this Court removing the appeal from the accelerated procedure.

(k) Appeals From Same Trial Court Case.

An appeal governed by Rule 1.36 is prosecuted separately from another appeal from the same trial court case when the appeals challenge different appealable decisions. An appeal subject to Rule 1.36 must be filed separately and accompanied by payment of costs in all cases except when it is a cross, counter, or co-appeal to an appeal governed by this Rule, or when filed as an amended petition in error as authorized by Rule 1.36(l). In conventionally filed matters, t The petition in error for a cross, counter, or co-appeal shall have the accompanying record as required for a petition in error by paragraph (d)(2) of this Rule.
The party filing a subsequent appeal shall clearly notify the court that prior or related appeals have been brought pursuant to Rule 1.36. An appeal governed by this rule may be considered for consolidation or as a companion appeal pursuant to Rule 1.27 when appropriate.

(l) Amended Petition in Error on Post-Judgment Order Granting or Denying Attorney's Fees, Interest, or Costs.

An amended petition in error challenging a post-judgment order granting or denying costs, interest, or attorney's fees may be filed in an appeal governed by Rule 1.36 when the order granting or denying costs, interest, or attorney's fees relates to the order previously appealed pursuant to Rule 1.36. The amended petition in error may be filed without payment of costs. In electronically filed cases, t The amended petition in error and designation of record must be filed with this Court within thirty (30) days of the date of the order granting or denying the interest, costs, or attorney's fees. In conventionally filed matters, t he amended petition in error must be filed with this Court within thirty (30) days of the date of the order granting or denying the interest, costs, or attorney's fees.The record for the amended petition in error shall comply with the applicable portion(s) of Rule 1.36(c) and (d). The response to the amended petition in error shall comply with the applicable portion of Rule 1.36(e). All provisions of Rule 1.36 apply to proceedings on the amended petition in error. Provided, a An appellate court may, on application of a party or sua sponte, call for briefs on the amended petition in error.

RULE 1.37 – JURISDICTION OF TRIAL COURT WHILE APPEAL IS PENDING AND REMEDIAL WRITS IN AN APPEAL

(a) Trial Court Jurisdiction.

After a petition-in-error has been filed, the trial court retains jurisdiction in the case for the following purposes:

(1) To facilitate the completion of the record and allocate the costs of its preparation.
(2) To grant or modify orders in regard to custody, guardianship, support, and maintenance.
(3) To decide motions for a new trial which assert grounds that are provided by 12 O.S.1991 § 655 or a motion or petition for relief on grounds provided for by 12 O.S.1991 § 1031 and 12 O.S.Supp.1993 § 1031.1.
(4) To decide motions in regard to staying the enforcement of judgments, decrees or final orders or of interlocutory orders appealable by right, whether subject to stay of enforcement as a matter of statutory right, or subject to a discretionary stay order.
(5) In matrimonial litigation, to award attorney's fees for services rendered or to be rendered in connection with the appeal, to award alimony pending the appeal or to issue orders affecting the custody of children or the property of the parties pending the appeal. Jones v. Jones, 1980 OK 85, 612 P.2d 266.
(6) To change the status of a litigant from that of next friend to guardian ad litem, or to appoint an attorney for such litigant and to impound funds that are in dispute.
(7) To take action with respect to any issue collateral to a pending appeal.
(8) To determine any matter ordered by the Supreme Court.
(9) To determine any issue whose resolution pending appeal is explicitly authorized by law.
(10) When the parties to a cause pending on appeal or on certiorari have agreed to a settlement of the claim and their agreement requires the trial court's approval, the parties may file in the Supreme Court a joint motion (a) for an order staying further proceedings for a period to be specified and (b) for leave to proceed before the trial court to secure approval of the settlement. If settlement is approved, a certified copy of the trial court's order attached to a joint motion should then be brought in this court for dismissal of the appeal or certiorari.
An approved settlement need not and shall not be submitted for this court's review in the pending appeal. If a dispute should arise over the correctness of the trial court's settlement approval or over any of its terms, and corrective relief be sought, it must be by a timely-perfected appeal form the trial court's order that resolved the parties' settlement dispute. Goldman v. Goldman, 1994 OK 111, 883 P.2d 164.

(b) Review of Trial Court's Rulings Pending Appeal.

Except as provided in Subdivision (a)(3) & (10), review of the trial court's ruling upon any of the matters set forth in part (a) of this Rule shall be by motion filed in the Supreme Court which shall be entertained in the principal appeal. However, a petition in error or amended petition in error shall be filed in the Supreme Court to seek review of the trial court's ruling when statute or the Rules of the Supreme Court require review of the trial court's ruling by a petition or amended petition in error. See, e.g., Rule 1.36(k). When review of a trial court's ruling is sought by motion, it must be filed in the Supreme Court within thirty (30) days of the date the trial court's ruling is filed in the trial court.

(c) Remedial Writs within an Appeal.

All applicants to the Supreme Court seeking relief in the form of remedial or extraordinary writs pursuant to the court's appellate jurisdiction shall conform to Rule 1.191.

RULE 1.40 - DEFINITIONS, RULES APPLICABLE, NEW TRIAL, AND EFFECT OF FAILURE TO APPEAL

(a) Definition of Interlocutory Order.

See Rule 1.60 for citation to statutes defining interlocutory orders appealable by right and for examples of interlocutory orders.

(b) Rules Applicable to Appeals of Interlocutory Orders.

The rules of general application (Part I of these Rules) shall apply to appeals from a district court's interlocutory orders appealable by right. Unless specifically provided otherwise, the rules governing appeals from judgments or final orders of the district court (Part II of these Rules) shall apply to appeals from a district court's interlocutory orders appealable by right.

(c) Rules Applicable to Review of Certified Interlocutory Orders.

The rules of general application (Part I of these Rules) shall apply to review of certified interlocutory orders when the application of the rule is consistent with this Court's review process pursuant to 12 O.S.1991 § 952, Subdiv. (b)3. The rules governing appeals from judgments or final orders of the district court (Part II of these Rules) shall apply to review of certified interlocutory orders when the application of the rule is consistent with this Court's review process pursuant to 12 O.S.1991 § 952, Subdiv. (b)3.

(d) Orders Granting a New Trial or Vacating a Judgment.

An order granting a new trial or vacating a judgment based upon any ground, including that of newly discovered evidence or the impossibility of making a record (12 O.S.1991 § 655) is an interlocutory order appealable by right (12 O.S.1991 § 952(b)2).

(e) Appeal Time, Motions for New Trial, and Interlocutory Orders.

The filing of a motion or petition for new trial, reconsideration, re-examination, rehearing, or to vacate a judgment, shall not extend the time to appeal from any interlocutory order, except as authorized by Rule 1.22.

(f) Effect of Failure to Appeal From an Interlocutory Order.

Failure of a party to appeal from any interlocutory order that is appealable either under the provisions of 12 O.S.1991 § 952 Subdivs. (b)2 or 3, or 58 O.S.1991 § 721, shall not preclude it from asserting errors in that interlocutory order in an appeal taken from the judgment or final order in the case.

RULE 1.50 – DEFINITION OF CERTIFIED INTERLOCUTORY ORDER

Any interlocutory order not appealable by right under the statutes, which order affects a substantial part of the merits of the controversy, may be brought for review to this Court in compliance with the rules in this Part when the trial judge or the judge's successor has certified that an immediate appeal from that order may materially advance the ultimate termination of the litigation. In the exercise of its statutory discretion this Court may refuse to review a certified interlocutory order. 12 O.S.Supp. 1991 § 952, Subdiv. (b)(3).

No certified interlocutory order shall be considered if taken from an order overruling a motion for summary judgment. See Rule 1.40 for the application of other rules to review of a certified interlocutory order.

RULE 1.51 – COMMENCEMENT OF PROCEEDING AND ENTRY OF APPEARANCE

(a) Commencement. Time for the commencement of a proceeding to review a certified interlocutory order shall begin to run from the date of the filing of the certification order wherein the trial court certifies in writing that an immediate review may materially advance the ultimate termination of the litigation. A proceeding to review a certified interlocutory order shall be commenced by filing a petition for certiorari within 30 days of the date the certification is filed in the trial court. This time limit cannot be extended either by the trial court or by this Court. A petition for certiorari to review a certified interlocutory order will be deemed filed when mailed in compliance with Rule 1.4. See Rule 1.4(e).

(b) Motion for New Trial. The filing of a motion for new trial, reconsideration, re-examination, rehearing, or to vacate the interlocutory order shall not operate to extend the time to appeal from such order.

(c) Petition, Entry of Appearance, and Costs. A proceeding for review of a certified interlocutory order shall be regarded as commenced when the petition is filed and costs are deposited as set out in Rule 1.23. The petitioner and respondent shall file entries of appearance in conformity with Rules 1.23 and 1.25.

RULE 1.52 – CONTENT OF PETITION FOR CERTIORARI TO REVIEW CERTIFIED INTERLOCUTORY ORDER AND TRIAL COURT STATEMENT

(a) Petition.

The petition for certiorari shall refer to the party seeking review as "petitioner" and to the other parties as "respondents." The caption of the petition for certiorari shall correspond with the sequence in which the designation of the parties appeared in the trial court case. The original and fourteen copies of the petition shall be filed. The petition for certiorari shall follow Rule 1.301, Form No. 7.

(b) Statement by Trial Court.

A concise statement of what the pertinent parts of the record, when transcribed, will disclose and a like statement of the reasons why the order should be reviewed in advance of final judgment signed by the trial court shall be appended to the petition.

RULE 1.53 – RESPONSE TO PETITION FOR CERTIORARI TO REVIEW INTERLOCUTORY ORDER

Respondent shall have fifteen (15) days after the filing of a petition for certiorari to file a response which shall include the information in Rule 1.301, Form No. 8. The original and fourteen copies of the response to the petition shall be filed.

RULE 1.54 – RECORD

(a) Record on Certiorari.

The record shall be prepared in the same manner as that prescribed for perfecting an appeal from a final judgment or final order of the district court, except that petitioner for certiorari shall file and serve petitioner's designation of instruments to be included or portions of the evidence to be transcribed, within ten (10) days after this court grants certiorari. The record shall consist of the same materials as those set forth in Rule 1.33(d).

(b) Record Required.

The court may, in its discretion, at any time before certiorari is granted to review the interlocutory order, require the petitioner to supply the record prepared under the rules herein prescribed.

(c) Time for Completion and Transmission of Record on Certiorari.

The record shall be ready for transmission to this court not later than 30 days from the date certiorari is granted. If a transcript is sought to be included in the record on review, the trial court shall expedite the preparation thereof by such orders, prospective or retrospective in effect, as may seem proper to assure the earliest possible completion of the record. The petitioner must seek the appropriate order from the trial court to expedite the preparation of the record when necessary. On completion of the record the clerk of the trial court shall perform the duties required by Rule 1.34(h).

(d) Extension of Time to Complete and Transmit Record on Certiorari.

To obtain an extension of the time limit prescribed in Rule 1.54(c) for completing the record good cause must be shown in this court in the manner provided in Rule 1.34(g).

(e) Fees to be Charged for Record.

The fees which the clerk of the trial court and the court reporter shall charge shall be the same as those prescribed in Rules 1.28 and 1.35.

RULE 1.55 – BRIEFS

Petitioner's Brief-in-Chief shall be filed in this court within 20 days from the date the Notice of Completion of Record is filed in the Supreme Court. Respondent's Answer Brief shall be filed within 10 days after the filing of the Brief-in-Chief. Petitioner may file a Reply Brief within 5 days after the filing of the Answer Brief. Parties shall comply with Rule 1.10 when applicable as required by Rule 1.40(c). See e.g., Rule 1.10(a)(3), (5), (6), and (d) and (e). The form of the briefs shall comply with Rule 1.11. See Rule 1.40(c).

RULE 1.56 – OTHER RULES APPLICABLE TO CERTIORARI TO REVIEW CERTIFIED INTERLOCUTORY ORDER

Rules in Part I and Part II of these rules shall apply to review of certified interlocutory orders when the application of the rule is consistent with this Court's review process pursuant to 12 O.S.1991 § 952, Subdiv. (b)3, and Rules 1.50 through 1.55 inclusive. See Rule 1.40(c).

RULE 1.60 – DEFINITION OF INTERLOCUTORY ORDERS APPEALABLE BY RIGHT

Orders of the district court that are interlocutory and may be appealed by right in compliance with the rules in this part are those that:

(a) Grant a new trial or vacate a judgment on any ground, including that of newly discovered evidence or the impossibility of making a record (12 O.S.1991 § 655, 12 O.S.1991 § 952(b)(2));
(b) Discharge, vacate or modify or refuse to discharge, vacate or modify an attachment (12 O.S.Supp. 1993 § 993(A)(1));
(c) Deny a temporary injunction, grant a temporary injunction except where granted at an ex parte hearing, or discharge, vacate or modify or refuse to discharge, vacate or modify a temporary injunction (12 O.S.1981 § 952(b)(2) and 12 O.S.Supp. 1993 § 993(A)(2));
(d) Discharge, vacate or modify or refuse to discharge, vacate or modify a provisional remedy which affects the substantial rights of a party (12 O.S.1991 § 952(b)(2) and 12 O.S.Supp.1993 § 993(A)(3));
(e) Appoint a receiver except where the receiver was appointed at an ex parte hearing, refuse to appoint a receiver or vacate or refuse to vacate the appointment of a receiver (12 O.S.Supp.1993 § 993(A)(4));
(f) Direct the payment of money pendente lite except where granted at an ex parte hearing, refuse to direct the payment of money pendente lite, or vacate or refuse to vacate an order directing the payment of money pendente lite (12 O.S.Supp.1993 § 993(A)(5));
(g) Certify or refuse to certify an action to be maintained as a class action (12 O.S.Supp.1993 § 993(A)(6));
(h) Are enumerated in 58 O.S.1991 § 721 (interlocutory probate orders but not orders allowing a final account and granting a decree of distribution); or
(i) Are made under the provisions of 15 O.S.1991 § 817 12 O.S. § 1879 .

RULE 1.61 – TIME AND MANNER FOR COMMENCING APPEAL

An appeal from these interlocutory orders of the district court may be commenced by filing a petition in error (and fourteen (14) copies) in conformity with Rule 1.63, filing an entry of appearance in conformity with Rule 1.23, and remitting to the Clerk of the Supreme Court the statutory cost deposit (or affidavit in forma pauperis), all within thirty days of the date the order, conforming to the statutorily required form, was filed in the trial court, or from the date of mailing if taken under advisement. See 12 O.S.Supp.1993 §§ 696.2, 696.3. 990A(A). See Rule 1.40 for rules applicable to appeals from interlocutory orders and the effect of a motion for new trial. A petition in error appealing an interlocutory order appealable by right will be deemed filed when mailed in compliance with Rule 1.4. See Rule 1.4(e).

RULE 1.62 - WHEN APPEAL COMMENCED

An appeal under this Part shall be regarded as commenced when the requirements set forth in Rule 1.23 shall have been met.

RULE 1.63 – CONTENT OF PETITION IN ERROR AND RESPONSE IN THE APPEAL OF AN INTERLOCUTORY ORDER APPEALABLE BY RIGHT

(a) Contents of Petition in Error.

The caption of the petitioner in error shall correspond with the sequence in which the designation of the parties appeared in the trial court case. 20 O.S.1981 § 3002. The petition in error shall follow Rule 1.301, Form No. 5. If a cross or counter appeal is taken, that party shall file a petition in error using this form and no other.

(b) Response and Entry of Appearance.

Within ten days after the filing of the appellant's petition in error in the Supreme Court, the appellee shall file a response in the Supreme Court which shall follow Rule 1.301, Form No. 6. The appellee must file an entry of appearance with the response. See Rules 1.5 and 1.25. If cross-appeal or counter-appeal is taken, a response using Rule 1.301, Form No. 6, shall be filed within ten days of the date the cross-appeal or counter-appeal was filed.

RULE 1.64 – RECORD

The record shall be designated and prepared in the same manner as that prescribed for perfecting an appeal from a final judgment or final order of the district court. See Rules 1.28 through 1.34.

If transcripts are ordered the Notice of Completion of Record (Rule 1.301, Form No. 12) shall be filed within sixty (60) days of the filing of the interlocutory order. The record shall consist of the same items as in appeals from final decisions of a district court (Part II of these Rules, See Rule 1.33).

If a transcript is designated for inclusion in the record on appeal, it shall be the responsibility of the trial court to expedite the preparation thereof by such orders, prospective or retrospective in effect, as may seem proper to assure the earliest possible completion of the record. Appellant bears the burden of monitoring the preparation of the record and requesting the appropriate relief from the trial court for the timely preparation and completion of the record.

RULE 1.65 – BRIEFS

Appellant's Brief-in-chief shall be filed within thirty (30) days from the date the Notice of Completion of Record is filed in the Supreme Court. The appellee shall file an Answer Brief within twenty (20) days after the filing of the Brief-in-chief of the appellant. The appellant may file a Reply Brief within ten (10) days after the filing of the Answer Brief by appellee. The briefs must comply with the rules for briefs in Part I of these Rules to the extent that they are consistent with Rules 1.60 through 1.67 inclusive. See Rules 1.10, 1.11, 1.40(b), 1.67.

RULE 1.66 – REQUIREMENTS IN APPEALS FROM ORDER REFUSING TO VACATE APPOINTMENT OF RECEIVER

In appeals from an order refusing to vacate the appointment of a receiver the party taking an appeal from such order shall post in the trial court, within 10 days from the date of the order sought to be reviewed, an appeal bond in the penal sum fixed by the trial court, conditioned as provided in 12 O.S.Supp.1993 § 993(C).

RULE 1.67 - OTHER RULES APPLICABLE

Rules in Part I and Part II of these rules shall apply to an appeal of an interlocutory order appealable by right when they are consistent with Rules 1.60 through 1.67 inclusive. See Rule 1.40(b).

RULE 1.75 – DEFINITIONS

(a) Definition of "Tribunal".

The word "tribunal", as used in this Part of the rules, shall mean any court, agency, board or commission, other than the district court, from which an appeal may be brought to this Court.

(b) Definition of "Decision".

Any appealable action of the tribunal shall be referred to as "decision".

RULE 1.76 – RECORD IN APPEALS FROM TRIBUNALS OTHER THAN THE DISTRICT COURT

a) Specific Record Rules Control.

Where record rules are provided for specific appeals (e.g. Rules 1.104, 1.118, 1.129) those specific rules shall supersede and control Rule 1.76 and all other record rules to the extent of any conflicting provisions between the specific rules and other record rules.

(b) Designation, Definition, and Preparation of the Record on Appeal.

The record shall be prepared in the same manner (by conventional means, unless the OUCMS system capabilities and equipment exist for filing of such records by electronic means) as that prescribed for perfecting an appeal from a final judgment or final order of the district court, and it shall consist of the same materials as those set forth in Rule 1.33(d). Provided that:

1. The prohibition on designating the entire trial court record in appeals from District Courts does not apply to appeals from tribunals other than District Courts;
2. An appearance docket shall not be included in the record on appeal unless required by the Rules governing the specific appeal.
3. The Designation of Record shall be made using Rule 1.301, Form No. 15 for proceedings to review an order of the Workers' Compensation Court. The Designation of Record shall be made using Rule 1.301, Form No. 16 for appeals from tribunals other than the District Courts. Form Nos. 15 and 16 shall not be used in the District Courts.

(c) Extension of Time to Prepare Record.

An extension of time to prepare the record is obtained in the manner provided by Rule 1.34(g).

(d) Court Reporter Duties and Fees.

The trial exhibits shall be indexed and incorporated into the transcript either by reference or physical attachment, as the court reporter may deem advisable. Only two dimensional exhibits not larger than 8 1/2 " x 14" may be transmitted to the Supreme Court with the record, except upon order of the Court.
The original transcript, indexed and certified as correct together with two (2) certified copies, and the exhibits in the case, if any are attached thereto, shall be filed in the tribunal by the court reporter. If any party desires a copy for that party's sole use such party shall procure it from the court reporter on payment of cost.Transcripts shall be filed by conventional means, unless the OUCMS system capabilities and equipment exist for filing of such transcript by electronic means , in which event the court reporter shall follow any rules and/or procedures for filing of electronic transcripts which have been prescribed by the Supreme Court.
The fees which a court reporter shall charge shall be the same as those prescribed by Rule 1.35.

(e) Timely Preparation of Record and Monitoring by Appellant.

If a transcript is sought to be included in the record on appeal, it shall be the responsibility of the trial judge, or the judge's successor, the presiding judge, or the head of the tribunal to expedite the preparation thereof by such orders, prospective or retrospective in effect, as will assure the earliest possible completion of the record. Appellant bears the burden of monitoring the preparation of the record and seeking the appropriate order from the tribunal to assure timely completion of the record.
If a transcript of evidence or proceedings is designated, a copy of the designation shall be delivered by the appealing party to the court reporter concerned on the day such designation is filed, and the cost of preparing the transcript shall be advanced forthwith by the designating party.

(f) Duties of Clerk, Time for Completion of Record, and Notice of Completion of Record.

The clerk or the secretary of the tribunal shall perform the duties prescribed for the clerk. The record shall be filed by conventional means, unless the OUCMS system capabilities and equipment exist for filing of such records by electronic means.
After a designation of the record is made, the clerk shall promptly assemble in chronological sequence all of the instruments on file which have been designated for inclusion in the record on appeal and all orders made in the tribunal with respect to the content of the transcript and assessment of cost. The instruments, numbered consecutively, indexed and bound, shall be certified under the seal of the clerk. All designations of record shall be included.
Unless a different time is prescribed by statute or rule specific for the type of appeal, the record shall be ready for transmission to this Court not later than six months from the date of the date of the judgment or order appealed from. If the designations do not require any part of the proceedings or evidence to be transcribed, the clerk shall immediately file a Notice of Completion of Record with this Court, notify the parties that the record on appeal has been completed, and that a Notice of Completion of Record has been filed with this Court.
Upon completion of the record on appeal the clerk of the tribunal shall:

I. file with the Clerk of this Court a Notice of Completion of Record on a form furnished by this court, stating that the record on appeal has been completed for transmission and;
II. notify all parties or their counsel when the record on appeal has been completed, is ready for transmission, and that a Notice of Completion of Record has been filed.

The clerk of the Workers' Compensation Court shall use Form No. 17, Rule 1.301, Notice of Completion of Record On Appeal, to satisfy Rule 1.76(f). The clerk or secretary of other tribunals shall use Form No. 18, Rule 1.301, Notice of Completion of Record On Appeal, to satisfy Rule 1.76(f). Form Nos. 17 and 18 apply to appeals from tribunals other than District Courts. Clerks of District Courts use Form No. 12 for Notice of Completion of Record.

(g) Other Record Rules.

Rules 1.28(d), (e), (f), (h), (j), and 1.32 shall be applicable to all appeals.

RULE 1.77 – OTHER RULES APPLICABLE

Unless specifically provided otherwise in any subsequent Part of these Rules the following provisions shall apply:

(a) The time for commencing the appeal cannot be extended either by the tribunal or by this Court, and the filing of a motion for a new trial, reconsideration, re-examination, rehearing or to vacate the decision shall not operate to extend the time to appeal. Provided, however, that when a statute applicable to the particular appeal states that the time to appeal shall not commence until disposition of a motion for a new trial, reconsideration, re-examination, rehearing or to vacate the decision, then the filing of the motion shall operate to extend the time to appeal.

(b) Part I of these rules apply to appeals from tribunals other than District Courts when application of the rule from Part I is consistent with both the rules specific for the appeal and the statutory authority governing the appeal. For example, in appeals from tribunals other than the District Court the briefs must comply with the provisions for appeals in Rule 1.10, Rule 1.11, and Rule 1.12, and those provisions applicable to any proceeding such as Rule 1.11(k)(3).

(c) Rule 1.24, Rule 1.26(a), (b), (c), and (e), Rule 1.27(a), (b), (c), (d) and (f), and Rule 1.37(b) shall apply to all appeals. Rule 1.25 shall apply to those appeals commenced by filing a petition in error.

(d) The appeal shall be regarded as commenced by filing a petition in error (or petition for review for Workers' Compensation Court proceedings) with fourteen (14) copies with the Clerk of this Court within the time prescribed by rule or statute for the specific appeal, and remitting to the Clerk of the Supreme Court the cost deposit provided by statute, or if the appellant (petitioner) is an indigent, an affidavit in forma pauperis shall be filed concurrently with the petition in error. The additional time for filing a petition in error by mail granted by Rule 1.4(c) applies to petitions in error from District Courts, the Corporation Commission, and other tribunals. Rule 1.4(c) also applies to petitions to review decisions of the Worker's Compensation Court. Rule 1.4(e). Johnson v. Tony's Town Mister Quick, 1996 OK 138, 915 P.2d 355.

RULE 1.85 – MODE AND TIME OF APPEAL

(a) Time to Appeal from Order in Exercise of Powers Pursuant to Oil and Gas Conservation Act and Preparation of the Record.

Any party desiring to procure review of a decision of the Corporation Commission rendered in the exercise of its regulatory powers under the Oil and Gas Conservation Act may commence an appeal therefrom in compliance with the rules in Part IV(a) and IV(b) by filing a petition in error within thirty (30) days of the date the decision sought to be reviewed is rendered. A petition in error will be deemed filed on date of mailing when mailed in accordance with Rule 1.4(c). See Rule 1.4(c) and (e).
The party seeking review shall order any transcripts and file the designation of instruments and proceedings for inclusion in the record on appeal no later than the date of filing the petition in error. See Rule 1.76 and Rule 1.301, Form No. 16. Any additional transcripts shall be ordered and any counter-designation of record shall be filed within ten (10) days after the filing of the petition in error. The record shall be ready for transmission to this Court not later than sixty (60) days from the date of the decision sought to be reviewed. 52 O.S.1991 § 113. The Secretary of the tribunal shall file with the Commission and the Supreme Court, and mail to the parties a Notice of Completion of Record On Appeal prescribed by Rule 1.301, Form 18, Appendix of Forms. See Rule 1.76.

(b) Time to Appeal from Decision in Exercise of Regulatory Powers Over Utilities and Preparation of the Record.

Any party desiring to procure review of a decision of the Corporation Commission rendered in the exercise of its constitutional powers to regulate transportation, transmission, public utility and public service corporations may commence an appeal therefrom in compliance with the rules in Part IV(a) and IV(b) by filing a petition in error within thirty days from the date of the decision (Art. IX Sec. 20, Okl.Const.). A petition in error will be deemed filed on date of mailing when mailed in accordance with Rule 1.4(c). See Rule 1.4(c) and (e).
The party seeking review shall order any transcripts and file the designation of instruments and proceedings for inclusion in the record on appeal no later than the date of filing the petition in error. See Rule 1.76 and Rule 1.301, Form No. 16. Any additional transcripts shall be ordered and any counter-designation of record shall be filed concurrently with the response to petition in error. The record shall be ready for transmission to this Court not later than six (6) months from the date of the decision sought to be reviewed. The Secretary of the tribunal shall file with the Commission and the Supreme Court, and mail to the parties a Notice of Completion of Record On Appeal prescribed by Rule 1.301, Form 18, Appendix of Forms. See Rules 1.76-1.89.

RULE 1.86 – STATE OF OKLAHOMA AS PARTY-APPELLEE

If the appeal is taken under Rule 1.85(b) by a public utility or public service corporation, the State of Oklahoma shall be made a party-appellee in the Supreme Court. Art. IX, Sec. 20, Okl.Const. All petitions, motions, and briefs of the appellant shall be served on the Attorney General and the Corporation Commission by service through its chairman or its authorized assistant in such matters.

RULE 1.87 – PETITION IN ERROR AND RESPONSE IN CORPORATION COMMISSION APPEALS

The petition in error and response shall conform with Form No. 5 and No. 6 as to content. The time for the response shall be that provided by Rule 1.25.

RULE 1.88 - CERTIFICATION OF TRANSCRIPT BY CHAIRMAN

If a transcript is designated for inclusion in the record on appeal, the Chairman shall certify as to its correctness under the seal of the tribunal. The Chairman may direct that additional evidence be transcribed if the designated portions are deemed insufficient. Art. IX Sec. 22, Okl.Const.

RULE 1.89 - ADDITIONAL EVIDENCE MAY BE ORDERED AND PREPARATION OF RECORD

In appeals from the Corporation Commission this Court may direct, on its own motion or on motion of any party, that additional evidence be taken by the tribunal whenever this should appear necessary judicially to determine the rights of the parties under the Constitution of the United States or the Constitution of the State of Oklahoma. Art. IX, Sec. 22, Okl.Const.; 17 O.S.1991 § 7.

RULE 1.90 – BRIEFS

(a) Briefing Time and Form.

Appellant's Brief-in-chief shall be filed sixty (60) days from the filing of a Notice of Completion of Record in this Court. Briefing time for the other briefs shall be the same as that provided in Rule 1.10(a). Parties must comply with Rule 1.10(a)(3). The content and form of the briefs must comply with Rules 1.10, 1.11. See Rule 1.77(b).

(b) Copy of All Instruments to be Mailed to Attorney General.

A copy of all instruments and briefs filed in this Court shall be mailed to the Attorney General and to the Corporation Commission.

RULE 1.100 – MODE AND TIME OF COMMENCING PROCEEDINGS

(a) Decisions Reviewable, Time for Commencement, and Time to Pay Costs Mandatory.

A decision of the trial judge or of the Workers' Compensation Court en banc may be brought for review to this Court in compliance with 85 O.S.Supp.1994 § 3.6. The Rules in Part IV(a) of these Rules shall apply unless a Rule in Part IV(c) of these Rules provides otherwise.
The proceeding shall be commenced by:

(1) Filing a petition for review with fourteen (14) copies with the Clerk of this Court within twenty days after a copy of the adverse decision shall have been sent to the parties affected, and
(2) Remitting to the Clerk of the Supreme Court the cost deposit provided by statute, or if the petitioner is an indigent, an affidavit in forma pauperis shall be filed concurrently with the petition in error. See Form No. 4.
A petition for review will not be filed until the entire cost deposit, or a properly executed pauper's affidavit, is received by the Clerk of the Supreme Court. The cost deposit or pauper's affidavit must be received by the Clerk of the Supreme Court within the same twenty-day period for filing the petition for review for the tendered petition to be timely filed. A petition for review will be deemed filed when mailed in accordance with Rule 1.4. See Rules 1.4(e), 1.77(d). Johnson v. Tony's Town Mister Quick, 1996 OK 138, 915 P.2d 355.

(b) Dismissal of Proceeding When Other Party Filed Appeal to Tribunal En Banc.

If one party should commence a proceeding in this Court to review a trial judge's decision, and the opposite party subsequently should perfect a timely appeal from the same decision to the tribunal en banc, the proceeding in this Court will be dismissed as prematurely brought. Dixon Brothers Lumber and Supply Co. v. Watson, 1960 OK 148, 353 P.2d 478.

(c) Cross or Counter Action to Review Same Decision.

A cross-action or counter-action or a separate proceeding to review the same decision shall be commenced within the same time and in like manner as the principal proceeding. Smith v. State Industrial Court, 1965 OK 179, ¶ 8, 408 P.2d 317, 320.

RULE 1.101 - REQUISITES FOR PETITION FOR REVIEW

The proceeding shall be commenced by filing a petition for review and payment of costs within the time prescribed in Rule 1.100(a). The following instruments shall be attached to the petition for review and to each of its copies:

1. A certified copy of the decision sought to be reviewed, and
2. If the proceeding is brought by the employer or employer's insurance carrier from a decision awarding benefits to claimant, a certificate by the Clerk of the Workers' Compensation Court stating that the party taking the appeal has on file an approved statutory bond. Smith v. State Industrial Court, 1965 OK 179, ¶ 8, 408 P.2d 317, 320. The certificate is required for the Clerk of the Supreme Court to accept the petition for filing.

On compliance with these requirements, the proceeding shall stand perfected and all parties to the proceeding in the tribunal as well as the Workers' Compensation Court shall be considered as parties to the appeal. Any defect in taking a proceeding, other than failure timely to file a petition for review or pay costs, must be disregarded unless a substantial right of the complaining party is affected, and no such defect, if correctable, shall result in dismissal of the appeal.

RULE 1.102 - DESIGNATION OF PARTIES

All parties joining in the petition for review shall be designated as "petitioner"; the Workers' Compensation Court and all other parties affected by the decision sought to be reviewed shall be joined in the appeal and designated as "respondent".

RULE 1.103 - PETITION FOR REVIEW AND RESPONSE

The petition for review shall comply with Rule 1.301, Form No. 9. Within twenty days after the filing of the petitioner's petition for review in the Supreme Court, the respondent (other than the court) shall file a response in the Supreme Court. The response shall comply with Rule 1.301, Form No. 10. If a cross appeal is taken by respondent, in addition to the response, respondent must also file a petition for review in the same form prescribed for petitioner, and petitioner must file a response.

A petition for review shall be deemed amended to include errors set forth in the propositions in the Brief-in-chief provided that the errors or issues were presented to the Workers' Compensation Court. Jackson v. Oklahoma Memorial Hospital, 1995 OK 112, ¶ 5, 909 P.2d 765, 768. Error may not be raised for the first time in a reply brief.

RULE 1.104 – RECORD

(a) Ordering Transcripts and Filing Designation.

The party seeking review shall order any transcripts and file the designation of instruments and proceedings for inclusion in the record no later than the date of filing the petition for review. See Rule 1.76 and Rule 1.301, Form No. 15. Any additional transcripts shall be ordered and any counter-designation of record shall be filed within ten (10) days after the filing of the petition for review. If a transcript is sought to be included in the record on review, it shall be the responsibility of the trial judge or the presiding judge to expedite the preparation thereof by such orders, prospective or retrospective in effect, as will assure the earliest possible completion of the record.

(b) Contents of Record.

The instruments designated by the party or parties bound by the court clerk, together with the original of the court reporter's transcript and exhibits incorporated therein (if portions of proceedings or evidence were designated for inclusion), shall constitute the record in the proceeding for review. Only two dimensional exhibits no larger than 8 1/2" x 14" may be transmitted to the Supreme Court with the record, except upon order of the Court. A copy of the appearance docket shall be included in the record for the proceeding for review.

(c) Preparation of Record.

After a designation of record has been filed, the court clerk shall promptly assemble in chronological sequence all of the designated instruments on file. These instruments shall be certified under the seal of the court clerk. All designations of record shall be included. The form of the record shall comply with Rule 1.76.

(d) Court Clerk and Notice of Completion of Record.

The court clerk shall file and mail to all parties a Notice of Completion of Record within forty-five (45) days from the date the petition for review is filed in the Supreme Court. See Rule 1.301 Form No. 17. Failure to timely file a Notice of Completion of Record within the time prescribed herein will result in the Court's dismissal of the proceeding for review sua sponte.

(e) Extension of Time to Complete Record.

The time limit prescribed in this Rule for completing the record may be extended for an additional period of time not to exceed thirty (30) days by this Court upon application and good cause shown. Extensions of time to complete record are governed by Rule 1.76.

(f) Record in Pro Se Review.

Where the party seeking review is acting pro se, and no designation of record is filed by the pro se party, the clerk shall prepare the entire court file as the record. Duties as to ordering and paying costs of transcripts are not affected by the fact that the party seeking review is acting pro se.

RULE 1.105 – BRIEFS

(a) Time.

The petitioner shall file a Brief-in-chief in this Court within twenty (20) days from the date of filing the Notice of Completion of Record (Rule 1.301, Form 17); the respondent shall file an Answer Brief within fifteen (15) days after the filing of the Brief-in-chief by the petitioner; the petitioner may file a Reply Brief within ten (10) days after the filing of the Answer Brief by respondent. The parties shall file a copy of each brief or waiver of brief with the clerk of the Workers' Compensation Court within five days of filing in the Supreme Court.

(b) Form.

The form and content of the briefs must comply with Rules 1.10 and 1.11 for briefs on an appeal. See Rule 1.77(b).

(c) Copy to Attorney General.

A copy of all instruments and briefs filed in this Court shall be mailed to the Attorney General.

RULE 1.106 – AGREED SETTLEMENT PENDING REVIEW

An agreed settlement may be approved by the Workers' Compensation Court while a petition for review is pending in this Court. The parties need not seek approval of the appellate court to pursue a joint settlement before the Workers' Compensation Court. However, when the parties seek a joint settlement before the Workers' Compensation Court they shall file in the appellate court a joint motion to stay the appellate review proceeding for a period specified in the motion. The Workers' Compensation Court is responsible for filing, forthwith, a copy of the approved settlement order, bearing the Supreme Court number, in this Court. That filing shall constitute a dismissal of the pending review without further order of this Court.

RULE 1.115 – MANNER OF APPEALING

A decision of the State Board for Property or Casualty Rates (36 O.S.1991 § 107) rendered in the exercise of that board's regulatory powers may be appealed in compliance with the provisions of 36 O.S.1991 § 937, and the rules in Part IV(a) and IV(d).

RULE 1.116 – COMMENCING APPEALS

An appeal from the tribunal's decision shall be commenced by filing a petition in error in this Court within thirty days from the date of the decision with payment of statutory costs or affidavit in forma pauperis. 36 O.S.1991 § 937. A petition in error will be deemed filed on date of mailing when mailed in accordance with Rule 1.4(c). See Rule 1.4(c) and (e).

RULE 1.117 – PETITION IN ERROR AND RESPONSE

The petition in error shall comply with Rule 1.301, Form No. 5 in the Appendix to these Rules. The response shall comply with Rule 1.301, Form No. 6. The response and appellee's entry of appearance shall be filed within twenty days after the petition in error is filed.

RULE 1.118 – RECORD

(a) Transcripts and Designation.

The appellant shall order any transcripts and file the designation of instruments and proceedings for inclusion in the record on appeal no later than the date of filing the petition in error. See Rule 1.301, Form No. 16. Any additional transcripts shall be ordered and any counter-designation of record shall be filed within ten (10) days after the filing of the petition in error. The instruments designated by the party or parties bound by the clerk of the tribunal, together with the original of the court reporter's transcript and exhibits incorporated therein (if portions of proceedings or evidence were designated for inclusion), shall constitute the record on appeal.

(b) Preparation and Content of Record.

After a designation of record has been filed, the clerk of the tribunal shall promptly assemble in chronological sequence all of the designated instruments on file. These instruments, numbered consecutively, indexed and bound, shall be certified under the seal of the clerk of the tribunal. The form of the record shall comply with Rule 1.76. All designations of record shall be included. Only two dimensional exhibits no larger than 8 1/2" x 14" may be transmitted to the Supreme Court with the record, except upon order of the Court.

(c) Transmittal of Record.

The record shall be ready for transmission to this Court not later than sixty days from the date the petition in error is filed in this Court. This time limit may not be extended either by the tribunal or by this Court. A Notice of Completion of Record shall be filed in this Court and mailed to the parties not later than sixty days from the date the petition in error is filed in this Court.

RULE 1.119 – BRIEFS

Appellant's Brief-in-chief shall be filed sixty (60) days from the filing of a Notice of Completion of Record in this Court. Briefing time for the other briefs shall be the same as that provided in Rule 1.10(a). Parties must comply with Rule 1.10(a)(3). The content and form of the briefs must comply with Rules 1.10, 1.11. See Rule 1.77(b).

RULE 1.125 – MANNER OF APPEALING

A decision of the Tax Commission may be appealed to this Court in compliance with the provisions of 68 O.S.Supp.1994 § 225(a) and (b) and the rules in Part IV(a) and IV(e).

RULE 1.126 – MODE AND TIME OF COMMENCING APPEAL

(a) Time for Filing Petition in Error.

An appeal from the decision of the Tax Commission shall be commenced by:

1. Filing in this Court a petition in error within thirty days from the date the decision was mailed to the taxpayer, and
2. Payment of statutory costs or filing an affidavit in forma pauperis within thirty days from the date the decision was mailed to the taxpayer.
A petition in error will be deemed filed on date of mailing when mailed in accordance with Rule 1.4(c). See Rule 1.4(c) and (e), Rule 1.77(d).

(b) Cross or Counter Appeals.

A cross-appeal or counter-appeal to review a decision shall be commenced within the same time and in like manner as the principal appeal.

RULE 1.127 – WHEN APPEAL DEEMED COMMENCED

An appeal shall be deemed commenced when the requirements of Rule 1.126 shall have been met.

RULE 1.128 – PETITION IN ERROR, RESPONSE, AND PAYMENT OF TAX

The petition in error and response shall conform with Rule 1.301, Form Nos. 5 and 6, as to content. Appellee's response and entry of appearance shall be filed with twenty days of the filing of the petition in error.

If the appeal is from a decision assessing a tax or an additional tax, penalty and interest, the taxpayer shall show that the tax has been satisfied in compliance with 68 O.S.Supp.1994 § 225, subdivision (c) or (f). If the appeal is from a decision other than one assessing a tax and a supersedeas bond was filed, the petition in error should show compliance with the provisions of 68 O.S.Supp.1994 § 225, subdivision (g).

RULE 1.129 – RECORD

(a) Designation and Content of Record.

At the time of filing the petition in error with the Supreme Court the taxpayer shall request that the Tax Commission prepare the record on appeal consisting of all items required by 68 O.S.Supp.1994 § 225(b). Rule 1.301, Form No. 16, shall be used by the party designating those items required by statute. See Rule 1.76.
The designated materials required under 68 O.S.Supp.1994 § 225(b), bound by the Secretary of the Tax Commission, shall constitute the record on appeal. The form of the record shall comply with Rule 1.76. Only two dimensional exhibits no larger than 8 1/2" x 14" may be transmitted to the Supreme Court with the record, except upon order of the Court.

(b) Certification and Transmittal of Record.

The Secretary of the Tax Commission shall prepare and certify the record. The record shall be ready for transmission to this Court within thirty days from the date the petition in error is filed in the Supreme Court. On completion of the record the Secretary of the Tax Commission shall perform the duties required by Rule 1.76(f).

RULE 1.130 – BRIEFS

Appellant's Brief-in-chief shall be filed sixty (60) days from the filing of a Notice of Completion of Record in this Court. Briefing time for the other briefs shall be the same as that provided in Rule 1.10(a). Parties must comply with Rule 1.10(a)(3). The content and form of the briefs must comply with Rules 1.10, 1.11. See Rule 1.77(c).

RULE 1.140 - MANNER OF APPEALING

The time and manner of commencing an appeal from a decision of the Court of Tax Review is determined by the statute under which the appeal is taken. E.g., 68 O.S.Supp.1995 § 2881(D); 68 O.S.1991 § 2883(D), § 3027 and § 3028. Time for commencing the appeal may not be extended. The Supreme Court Clerk serves as Clerk of the Court of Tax Review. 68 O.S.Supp.1992 § 3024(A). A petition in error will be deemed filed on date of mailing when mailed in accordance with Rule 1.4(c). See Rule 1.4(c) and (e), Rule 1.77(d).

RULE 1.141 – PETITION IN ERROR AND RESPONSE

Where the applicable statute requires an appeal from the decision of the Court of Tax Review to be commenced by filing a petition in error the petition in error shall conform with Rule 1.301, Form No. 5 as to content. The response to the petition in error shall conform to Rule 1.301, Form No. 6 as to content. The response shall be filed within twenty days after the filing of the petition in error.

RULE 1.142 – RECORD

(a) Designation and Costs.

The party taking the appeal shall, on or before the date of filing the petition in error, file in this Court and serve on all parties a designation of any instruments and portions of the evidence (including exhibits and transcripts of the proceedings) for inclusion in the record. See Rule 1.301, Form No. 16. Within ten (10) days after the filing of such designation, any other party to the proceeding may designate additional instruments or portions of the evidence to be included in the record, by similarly filing in this Court and mailing to other parties an additional designation of record. The designated proceedings and evidence in the case shall be bound by the Supreme Court Clerk acting as the Clerk of the Court of Tax Review (68 O.S.Supp.1993 § 3024(A)), and shall constitute the record on appeal.The party taking the appeal shall advance the cost of preparing any transcript of proceedings. The court reporter shall be reimbursed for expenses in the same manner as reporters of the district court. See Rules for the Court of Tax Review, 68 O.S.Supp.1995 Ch. 1, Art. 28, App. Rule 7.

(b) Preparation of Record.

The Clerk of the Court of Tax Review shall promptly assemble in chronological sequence all of the designated instruments on file. These instruments, numbered consecutively, indexed and bound, shall be certified under the seal of the Clerk. The form of the record shall comply with Rule 1.76. All designations of record shall be included. Only two dimensional exhibits no larger than 8 1/2" x 14" may be transmitted to the Supreme Court with the record, except upon order of the Court. When the Supreme Court Clerk has the ability to electronically receive the record on appeal via the OUCMS, an electronic record may constitute the record on appeal.

(c) Time for Completion.

If no transcript is ordered the record shall be completed as soon as practicable. If a transcript is ordered the record shall be completed within sixty (60) days after the filing of the decision by the Court of Tax Review. This time may be extended by this Court on proper showing either by the clerk of the Court of Tax Review or the party taking the appeal.

(d) Notice of Completion of Record.

Upon completion of the record the Clerk of Court of Tax Review shall file in the appeal and mail a Notice of Completion of Record to all parties to the appeal, and to the Chief Justice of the Supreme Court, stating the date upon which the record was completed. The completed record shall then be deemed to be in the custody of the Supreme Court Clerk, acting in such capacity.

RULE 1.143 – BRIEFS

Within fifteen (15) days after the filing of the notice of completion of the record on appeal required by Rule 1.142, the appellant shall file a Brief-in-chief. The appellee shall file the Answer Brief within fifteen (15) days after the filing of the Brief-in-chief. The appellant may file a Reply Brief within ten (10) days after the Answer Brief is filed. The briefs shall comply with Rules 1.10 and 1.11 as to form and content. See Rule 1.77(b).

RULE 1.150 – MANNER OF APPEALING

A final or appealable order of the Banking Board or the State Banking Commissioner may be appealed to this Court in compliance with the provision of 6 O.S.Supp.1995 § 207 and the rules in Part IV(a) and IV(f).

RULE 1.151 – TIME OF APPEAL

A party may commence an appeal from a final decision or an appealable order of the Banking Board or the Commissioner by filing a petition in error in this Court within thirty days from the date of that final decision, or appealable order, with an attached copy of that decision or order, and by paying any required filing fee. Time for filing the petition in error may not be extended. A petition in error will be deemed filed on date of mailing when mailed in accordance with Rule 1.4(c). See Rule 1.4(c) and (e), Rule 1.77(d).

RULE 1.152 – CONTENT OF PETITION IN ERROR AND RESPONSE

The petition in error and response shall conform with Rule 1.301, Form No. 5, as to content. In addition, the petition in error must: (1) Reference to the record an affirmative showing of aggrievement suffered by the appellant by the order appealed, 6 O.S.Supp.1995 § 207(C)(1), and (2) Show the posting of bond required by 6 O.S.Supp.1995 § 207(C)(2).

The certificate of mailing in the petition in error should show that a copy of the petition in error was mailed to all parties appearing before the Board, or their counsel of record, to the Banking Commissioner, and the Attorney General.

The response to the petition in error must be filed within twenty days after the petition in error is filed and comply with Rule 1.301, Form No. 6.

RULE 1.153 – RECORD

(a) Designation of Record.

Concurrently with or prior to filing the petition in error, the party desiring to appeal shall file with the Clerk of this Court and mail to all parties, or their counsel, to the Bank Commissioner and the Attorney General, a designation of any pertinent instruments filed in the case and of proceedings and evidence adduced which are sought to be included in the record on appeal. See Rule 1.301, Form No. 16. If there is designated for inclusion in the record any evidence or proceeding at a hearing which was stenographically reported, a copy of the designation shall be given to the reporter and the cost of preparing the transcript shall be advanced forthwith by the designating party.

(b) Counter Designation of Record.

If the designation does not direct all the instruments to be included and all proceedings and evidence to be transcribed, any other party may, within ten (10) days after mailing and filing of such designation, mail to the designating parties and to all other parties, including the Bank Commissioner and the Attorney General, and file in the case designation of additional instruments to be incorporated into the record and of additional portions of the proceedings and evidence which were stenographically reported to be transcribed and included in the court reporter's transcript. If additional portions of the proceedings and evidence are designated, a copy of the designation shall be given to the court reporter.

(c) Advance of Costs for Counter Designations.

The costs of transcribing additional portions of the proceedings and evidence, designated by a party who did not appeal, shall be advanced forthwith by the party taking the appeal, subject to the power of this Court to redistribute costs if it finds such counter designation to have been unreasonably excessive.

(d) Failure to Advance Costs.

If the party required to advance costs shall fail to do so within a reasonable time, the Commissioner, upon written notice from the court reporter that said costs have not been so advanced shall so certify to this Court. Failure to promptly advance costs may afford a basis for dismissal of an appeal (including a counter-appeal or cross-appeal).

(e) Alternative Procedure: Written Stipulation.

Instead of serving designations, the parties may designate the record on appeal by written stipulation filed with the Clerk of the Supreme Court within five (5) days after the filing of the petition in error.

RULE 1.154 – FORM AND CONTENTS OF RECORD

(a) Duty of Commissioner to Assemble Record.

After a designation of the record is made, the Commissioner shall cause to be assembled in chronological sequence the instruments on file which have been designated for inclusion in the record on appeal. The form of the record shall comply with Rule 1.76. All designations of record shall be included. Only two dimensional exhibits no larger than 8 1/2" x 14" may be transmitted to the Supreme Court with the record, except upon order of the Court.

(b) Duties of Court Reporter to Assemble Exhibits.

The original trial exhibits shall not be reproduced in the record unless designated by a party or otherwise directed by this Court for good cause shown. If so ordered, the trial exhibits shall be indexed and incorporated into the transcript either by reference or physical attachment, as the court reporter may deem advisable. The original transcript, indexed and certified as correct together with two (2) certified copies, and the exhibits thereto shall be filed with the Commissioner by the court reporter. If any party desires a copy for his or her sole use, such party shall procure it from the court reporter on payment of cost.

(c) Definition of Record on Appeal.

The instruments bound by the Commissioner, together with the original of the court reporter's transcript and exhibits incorporated therein (if portion of proceedings or evidence were designated for inclusion), shall constitute the record on appeal.

(d) Access to the Record by Parties or Counsel.

The parties shall have access to the transcript and bound instruments on file with the Commissioner on such terms as the Commissioner shall prescribe.

RULE 1.155 – TIME FOR COMPLETION OF RECORD AND TRANSMISSION OF RECORD

(a) Time for Completion and Transmission.

The record shall be ready for transmission to this Court not later than sixty (60) days from the date of the final order from which the appeal is taken.

(b) Extension of Time for Completion of Record.

Upon application accompanied by affidavit of the court reporter for good cause shown, this Court may extend the time for completion of the record.

(c) Duties of Commissioner on Completion of Record.

The Commissioner shall comply with Rule 1.76(f). Transmission of the record to this Court shall be by order of this Court.

RULE 1.156 – BRIEFS

(a) Time for Filing.

Unless a different schedule is ordered by this Court, the Brief-in-chief of the appellant shall be filed with the Clerk of this Court within twenty (20) days after the filing of the Notice of Completion of Record. Appellee shall have twenty (20) days after the filing of appellant's brief within which to file an Answer Brief. Appellant may file a Reply Brief within ten (10) days after the filing of appellee's Answer Brief. If the appellant does not desire to file a Reply Brief, then appellant shall so notify all parties and the Clerk of this Court. The form and content of the briefs shall comply with Rules 1.10 and 1.11.

(b) Service.

Copies of briefs shall be mailed to all other parties, the Commissioner and the Attorney General.

RULE 1.160 - TIME AND MANNER OF APPEALING

Any person dissatisfied with the wording of the ballot title prepared by the Attorney General may commence an appeal therefrom within 10 days after the Attorney General's decision on the sufficiency of the ballot title has been filed with the Secretary of State, by filing in this Court a petition for review. This time limit may not be extended by this Court. 34 O.S.1991 § 10; Covey v. Williamson, 1953 OK 389, 265 P.2d 457. No response to the petition for review is required or permitted. A petition in error will be deemed filed on date of mailing when mailed in accordance with Rule 1.4(c). See Rule 1.4(c) and (e), Rule 1.77(d).

RULE 1.161 - CONTENT OF PETITION TO REVIEW

The petition to review a ballot title shall set forth:

(a) the date the proponent of the proposition filed a copy of the ballot title with the Secretary of State;
(b) the date the Attorney General filed with the Secretary of State the Attorney General's written approval or amendment of the title;
(c) a concise statement of objections to the title and reasons therefor;
(d) a brief statement of the reasons why a substitute title offered by the appellant should be adopted;
(e) a copy of the substitute title proposed by the appellant shall be attached to the petition for review;
(f) the petition for review shall contain a certificate stating that a copy thereof was mailed to the Attorney General, the Secretary of State and to the parties who submitted the ballot title for the proposed measure. The name and address of each party or party's counsel shall be listed;
(g) the name and post office address of the appellant's counsel.

RULE 1.162 – BRIEFS

Briefing time and sequence shall be determined by order of the Chief Justice, on oral motion of the party taking the appeal. A copy of the order shall be mailed by the C clerk of this Court to all parties to the appeal or their counsel. The form and content of the briefs shall comply with Rules 1.10 and 1.11.

RULE 1.170 – RULES APPLICABLE

All Supreme Court Rules are applicable to cases assigned to the Court of Civil Appeals unless a different Rule is required by Part V of these Rules.

RULE 1.171 – DISPOSITION OF CASES

Each division of the Court of Civil Appeals shall have power to determine or otherwise dispose of any case assigned to it by the Supreme Court, and its decision in the case, when final, shall be neither appealable to the Supreme Court nor be subject to re-examination by another division of the Court of Civil Appeals.

RULE 1.172 – FILING, STYLE, CAPTION, NUMBER, AND ASSIGNMENT

The clerk of the Supreme Court shall serve ex officio as clerk of the Court of Civil Appeals and all petitions, motions, briefs and other instruments in cases assigned to the Court of Civil Appeals shall be filed with the clerk of the Supreme Court and shall be styled "In the Court of Civil Appeals of the State of Oklahoma, Div. No. ______". See Rule 1.4. A case assigned to a division shall continue to bear the original caption and number given it in the Supreme Court.

By order of the Chief Justice or the Supreme Court, a case assigned to a division may be recalled by this Court for reassignment to another division or retention for disposition by this Court.

RULE 1.173 – WRITS—CONTEMPT

In any case assigned to it, the division shall have the power to issue, in aid of its appellate jurisdiction, writs of habeas corpus, mandamus, quo warranto, certiorari and prohibition. The division shall have power to enforce its process and the dignity of its proceedings by contempt.

RULE 1.174 – PRESIDING JUDGE AND CONCURRENCE ON DECISION

The judges of each division shall select one of their number to act as presiding judge. Motions for relief other than on the merits of the case may be decided by the presiding judge. The concurrence of two judges shall be necessary to make a decision on the merits.

RULE 1.175 – DISQUALIFICATION OF JUDGES

The disqualifications prescribed for trial and appellate judges (20 O.S.1991 §§ 30.3, 1401, 1402) shall apply to judges of the Court of Civil Appeals. A judge of the Court of Civil Appeals may disqualify himself or herself on his or her own motion or at the request of a litigant. Motion to disqualify a judge of the Court of Civil Appeals shall be filed with the clerk of the Supreme Court within ten (10) days after the date notice of assignment is mailed to counsel. The motion shall be decided by the division. If the division should refuse to disqualify its judge, the aggrieved party may seek review in the Supreme Court by filing a petition within ten (10) days from the date of the division's order. When a judge is disqualified to hear a case, the records of the division shall so show.

When a Judge of the Court of Civil Appeals has disqualified or recused in a matter the Chief Judge or Vice-Chief Judge of that Court shall assign a Judge of the Court of Civil Appeals to the matter in substitution of the disqualified or recused Judge. When the assignment of Judge to a matter is necessary due to disqualification or recusal and the Chief Judge and Vice-Chief Judge are disqualified or recused in that matter, they shall so certify to the Chief Justice of the Supreme Court and shall not assign another Judge to that matter.

RULE 1.176 – ORAL ARGUMENTS—CONFERENCES

Oral arguments and informal predecisional conferences with counsel may be granted in the Court of Civil Appeals at the discretion of the division. If oral argument or an informal predecisional conference is ordered, the presiding judge shall fix the time for convening the division for that purpose. A copy of the order directing oral argument or convening the division for an informal predecisional conference shall be mailed to counsel of record by the clerk of the Supreme Court.

RULE 1.177 – PETITION FOR REHEARING, RESPONSE, SECOND PETITION FOR REHEARING, AND CHANGE IN OPINION

(a) Petition, Brief, and Time to File.

A party who is aggrieved by a decision of the Court of Civil Appeals may file one petition for rehearing combined with brief in its support. On good cause being shown, a party may be allowed to supplement the brief on rehearing, but not more than one petition for rehearing may be presented by any party. The time for filing a petition for rehearing shall be the same as that prescribed by filing a petition for a rehearing in the Supreme Court. See Rule 1.13. The mailbox rule, extended to various papers by the terms of Rule 1.4 (c) and 1.4(e), applies equally to rehearing petitions to the Court of Civil Appeals. The time shall run from the date the opinion is filed. An application for an extension of time to file a petition for rehearing and brief in support thereof is governed by Rule 1.13.

(b) Second Petition for Rehearing.

Where the opinion remains unchanged, no motion or application for rehearing or review will be allowed after the denial of a petition for rehearing. The Clerk shall not file any such motion or application after the denial of a petition for rehearing.

(c) Copies and Proof of Service.

One original and nine clearly legible copies of petition for rehearing shall be filed. Proof of service of the petition for rehearing on the opposite party shall be endorsed on the original.

(d) Response.

No response is necessary to a petition for a rehearing unless the court direct otherwise. The Court of Civil Appeals should not change the result of its decision on rehearing without calling for response.

(e) Change in Opinion--Petition for Rehearing.

When a petition for rehearing is granted and the division promulgates an opinion reaching a different conclusion or the same conclusion upon a substantially different reasoning, or modifies its prior opinion in a manner which affects substantially the rights of a party, the party aggrieved by such decision or opinion shall be allowed to file a petition for rehearing.

RULE 1.178 - REVIEW BY THE SUPREME COURT ON CERTIORARI

(a) Reasons for Certiorari.

A review of an opinion of the Court of Civil Appeals in the Supreme Court on writ of certiorari as provided in 20 O.S.1991 § 30.1 is a matter of sound judicial discretion and will be granted only when there are special and important reasons and a majority of the justices direct that certiorari be granted. The following, while neither controlling nor fully measuring the Supreme Court's discretion, indicate the character of reasons which will be considered:
(1) Where the Court of Civil Appeals has decided a question of substance not heretofore determined by this court;
(2) Where the Court of Civil Appeals has decided a question of substance in a way probably not in accord with applicable decisions of this Court or the Supreme Court of the United States;
(3) Where a division of the Court of Civil Appeals has rendered a decision in conflict with the decision of another division of that court;
(4) Where the Court of Civil Appeals has so far departed from the accepted and usual course of judicial proceedings or so far sanctioned such procedure by a trial court as to call for the exercise of this Court's power of supervision.

(b) Rehearing before the Court of Civil Appeals and Certiorari.

(1) A party may petition for certiorari without having first sought rehearing in the Court of Civil Appeals.
(2) If any party seeks rehearing in accordance with Rule 1.177 the time to bring a certiorari petition shall not begin to run for any party until the Court of Civil Appeals has denied all rehearing petitions filed in the case.
(3) If on rehearing the Court of Civil Appeals changes or corrects its opinion, any aggrieved party may bring, in accordance with Rule 1.177 a rehearing petition addressing either the changed or corrected portions of the opinion or the text that was present before the change or correction. The time to bring a certiorari petition for review of a changed or corrected opinion in a case where rehearing was sought shall not begin to run until the rehearing petition has been denied.
(4) No petition for certiorari may be filed in the Supreme Court during the pendency of any rehearing petition in the Court of Civil Appeals. A certiorari petition filed during the pendency of a rehearing will be treated as timely filed only if the Court of Civil Appeals ultimately denies rehearing.
(5) If a petition for rehearing is timely filed in the Court of Civil Appeals after a petition for certiorari has been filed, the certiorari petition shall be treated as timely filed only if rehearing is ultimately denied by the Court of Civil Appeals.

RULE 1.179 - THE PETITION FOR CERTIORARI, ANSWER, AND REPLY

(a) Contents of Petition.

An application for certiorari shall be by petition only which shall contain the following to be set forth in the order here indicated:

(1) A concise statement as to: (a) the date of the judgment or decision sought to be reviewed and (b) the date of any order concerning a rehearing;
(2) An outline of the reasons for review as suggested in Rule 1.178, expressed in the terms and circumstances of the case but without unnecessary detail. The statement of a question presented will be deemed to include every subsidiary question fairly comprised therein.
(3) The reasons for granting writ shall be supported by:

(a) A concise statement of fact containing the matters material to consideration of the questions presented.
(b) A direct and concise argument amplifying the reasons relied on for the allowance of the writ.

(4) An appendix which shall consist of a copy of the opinion of the Court of Civil Appeals to which certiorari is sought. No other materials may be attached to the petition.
(5) The style of the petition for certiorari shall be the same as in the petition in error. If there be more than one petition in error, the style shall be the same as that in the petition in error which was determined to commence the principal appeal.

(b) Form of Petition.

No petition for writ of certiorari shall exceed ten 8 1/2 " x 11 " double spaced pages, exclusive of the appendix. All contentions in support of a petition shall be set forth in the body thereof as provided in Section (a) of this rule. No separate brief in support of the petition will be received and the clerk shall refuse to file any petition to which is annexed or appended any supporting brief.
The failure to present with accuracy, brevity and clarity matters essential to a ready and adequate understanding of the points requiring consideration will be sufficient reason for denying a petition.
The petition shall be served upon the respondent and the petition shall show service. See Rule 1.4(g).

(c) Answer and Reply.

The respondent may file an answer to the petition for certiorari within fifteen days of the date the petition for certiorari was filed. The answer shall be succinct and shall not exceed in length, ten 8 1/2 " x 11" double spaced pages. The answer shall be served upon the petitioner. See Rule 1.4(g).
A concise reply of not more than five 8 1/2 " x 11 " double spaced pages may be filed and served upon the respondent within ten (10) days after filing of the answer. The reply should be addressed to arguments raised in the answer which petitioner does not believe to be sufficiently covered in the petition. The Court need not delay decision pending filing of a reply. No appendix may be attached to the answer or reply.

(d) Content of Petition, Answer, and Reply.

The petition, answer and reply shall not reach the merits of the appeal but rather pertain to reasons Supreme Court should review the decision of the Court of Civil Appeals. The only matters considered in determining whether to grant certiorari are the petition for certiorari and the response to the petition for certiorari. Briefs on appeal and briefs in support of petition for rehearing are not considered in determining whether to grant certiorari.

(e) Time to File Petition.

When no party seeks rehearing in the Court of Civil Appeals a petition will be deemed timely if filed with the clerk of the Supreme Court within twenty (20) days of the date the opinion was filed by the Court of Civil Appeals. When a party sought rehearing a petition for certiorari will be deemed timely if filed with the clerk of the Supreme Court within twenty (20) days of the date the order of the Court of Civil Appeals is filed that has denied all timely filed rehearing petitions. The time to file petition for certiorari shall not be extended. A petition for certiorari will be deemed filed when mailed if it complies with Rule 1.4(c) and (e).

(f) Copies.

Petition, answer and reply shall be accompanied by ten (10) legible copies.

(g) Supplemental Authority.

Any party may file a Notice of Supplemental Authority while a petition for certiorari is pending, calling attention to new cases or legislation or other intervening matter not available at the time of that party's last filing. The Notice shall not exceed three pages.

(h) Costs.

An application for certiorari shall be timely filed when the requirements of Rule 1.179 are met and when a party filing a petition for certiorari remits to the Clerk of the Supreme Court the cost of deposit provided by statute. If the petitioner is an indigent an affidavit in forma pauperis substantially complying with Rule 1.301, Form No. 4, shall be filed concurrently with the petition for certiorari. 20 O.S. 1991 §30.4. Provided, if the petitioner for certiorari previously filed an affidavit in forma pauperis in the appellate cause no further affidavit need be filed with the petition for certiorari.

RULE 1.180 – ORDER GRANTING CERTIORARI AND REVIEW ON CERTIORARI

(a) Order Granting Certiorari and Recall of Order.

When a petition for writ of certiorari to review a decision of the Court of Civil Appeals is granted, an order shall be entered to that effect. The Court may, upon consideration of the matter, recall its order granting certiorari and enter an order denying certiorari.

(b) Review on Certiorari.

Issues not presented in the petition for certiorari may not be considered by the Supreme Court. Provided, however, if the Court of Civil Appeals did not decide all of the properly preserved and briefed issues, the Supreme Court may--should it vacate the opinion of the Court of Civil Appeals--address such undecided matters or it may remand the cause to the Court of Civil Appeals for that Court to address such issues. The case will then be decided on the reviewable issue or issues presented in the briefs theretofore filed, unless for good cause the filing of additional briefs be then allowed. The Supreme Court may--should it vacate the opinion of the Court of Civil Appeals--address any issue properly raised in the appeal or on certiorari. Hough v. Leonard, 1993 OK 112, 867 P.2d 438.

RULE 1.181 - DENIAL OF PETITION FOR WRIT

When a petition for writ of certiorari is denied an order shall be entered to that effect and the mandate shall issue. If writ of certiorari is denied, no petition for rehearing may be filed in the Supreme Court. See Rule 1.13.

RULE 1.182 – REHEARING AFTER OPINION ON CERTIORARI

A party aggrieved by an opinion of the Supreme Court rendered on the merits after the Court has granted certiorari may file a petition for rehearing in the manner and within the time period provided by Rule 1.13 for rehearings of opinions of the Supreme Court.

RULE 1.183 – MANDATE TO TRIAL COURT

If no rehearing be sought in a case assigned to the Court of Civil Appeals within the time prescribed by Rule 1.177 or if a petition for rehearing is denied and no certiorari is sought to the Supreme Court as provided in these rules, or if certiorari is denied by the Supreme Court, the Chief Justice will direct the Clerk of the Supreme Court to issue the mandate in accordance with Rule 1.16 of these Rules.

RULE 1.184 – POST-DECISIONAL RELIEF

Requests for post-decisional relief including but without limitation motions for appeal-related attorney's fees, motions for judgment on the supersedeas bond and motions to tax costs (See Rules 1.14 and 1.15) shall be considered by the division of the Court of Civil Appeals which addressed the merits of the case; provided, that if a timely petition for certiorari be filed as provided in Rules 1.178 and 1.179, any motion for post-decisional relief which remains pending at the time the petition for certiorari is filed shall be addressed by the Supreme Court, unless the Supreme Court direct otherwise. Chamberlin v. Chamberlin, 1986 OK 30, 720 P.2d 721; Riffe Petroleum Company v. Great National Corp., Inc ., 1980 OK 112, 614 P.2d 576.

RULE 1.190 – RULES APPLICABLE

Part VI of these Rules applies to all original jurisdiction proceedings before the Supreme Court, except in those proceedings where by rule of the Supreme Court a different procedure applies. Part I of these Rules and other rules specifically referenced apply to proceedings governed by Part VI.

RULE 1.191 – APPLICATIONS TO ASSUME ORIGINAL JURISDICTION

(a) Style, Commencement, and Costs.

Original proceedings in the Supreme Court shall be styled as shown in Rule 1.301, Form No. 13.
Original jurisdiction proceedings shall be commenced by filing with the clerk thereof an application to assume original jurisdiction and a petition (such as a petition for mandamus, prohibition or habeas corpus) and a brief in support of the application and petition. An entry of appearance shall be filed with the application and petition.
The cost deposit provided by statute shall be remitted to the Clerk of the Supreme Court, or if the petitioner is an indigent, an affidavit in forma pauperis shall be filed concurrently with the application to assume original jurisdiction and petition. 20 O.S.Supp.1995 § 15. See Rule 1.301, Form No. 4.

(b) Application and Petition.

The application and petition may be combined in the same instrument and shall state concisely:

(1) the reasons why such action or proceeding is brought in the Supreme Court instead of another court of competent jurisdiction and why original jurisdiction should be assumed,
(2) the nature of the remedy or relief sought, and
(3) the facts entitling the petitioner to the remedy or relief sought.

(c) Copies and Brief.

One original and fourteen (14) legible copies of the application, petition and brief shall be filed. The brief may not exceed fifteen (15) pages, 8 1/2" x 11" double spaced typed. The brief shall comply with Rule 1.11. No appendix or exhibits may be attached to the brief. If a response is filed by the respondent the petitioner shall not file a reply brief without leave of Court. Failure to observe this rule may result in summary dismissal of the action.

(d) Appendix.

(1) A separate appendix may be submitted with the brief. Only one appendix, and one copy, shall be filed. The appendix may contain only:

(a) copies of cases cited and relied upon;
(b) the trial court order which has precipitated the bringing of the action;
(c) affidavit(s) presenting facts not of record in the Supreme Court; and
(d) copies of exhibits admitted below or pertinent portions of the trial court record which a party believes are necessary to the Court's understanding and disposition of the matter.

(2) Only those relevant portions of exhibits that are material to the original action may be included in the appendix. For a lengthy instrument copies of only the cover page and those relevant pages of the instrument should be included in the appendix. For example, a deposition exhibit should include only the cover page and those relevant pages of the deposition, and not the entire deposition. The same rule applies to contracts and other instruments.
(3) The appendix shall include an index of its contents. For each exhibit or item of the trial court record contained therein, the index shall contain the following information:

(a) a description of the item;
(b) the item's date, if dated;
(c) a concise statement of the relevancy of the item to the issues presented; and
(d) a synopsis of the item.

(4) Failure to observe this rule may result in summary dismissal of the action.

(e) Notice to Adverse Parties and Time to File Notice.

No application or petition, except for habeas corpus, will be heard without notice to the adverse party or parties unless by reason of an emergency this Court determines the same should be heard without notice. Such notice shall state the date and time on which the application, petition and brief in support will be presented to the Court. A copy of the filed application, petition, brief in support, and any appendix shall be attached to the notice. Such notice shall designate the day and hour the matter will be presented to the Court. The matter will be heard at that time or as soon thereafter as may meet the convenience of the Court . Such notice shall comply with Rule 1.301, Form No. 14.
Hearing and response dates shall be set by order of the C hief Justice are to be secured from a Referee (or a Justice) at the time of filing. The o rder setting hearing and response dates shall be mailed by the Clerk of the Supreme Court to all parties set forth in the notice . The Court (by a Referee or Justice) may require different or additional service of notice.
The original notice, including a certificate of service on the adverse party or parties, shall be filed with the clerk at the time the application, petition and brief in support are filed.

(f) Response.

The Court may refuse to assume original jurisdiction without a response being filed. The date of any response shall be set by order of the Chief Justice. by a Referee or a Justice of the Court. The allowed response may not exceed fifteen (15) pages, 8 1/2" x 11" double spaced typed. A response in the nature of a brief shall comply with Rules 1.10, 1.11 as to form and content, but shall not exceed the page limitation of fifteen pages. No appendix or exhibits may be attached to the response.
If a response is ordered one original and fourteen (14) legible copies shall be filed. If a response is ordered the respondent may file an appendix conforming to Rule 1.191(d). An entry of appearance shall be filed with the response. Service of the response shall be made in accordance with Rule 1.4(g), unless a Referee or Justice of the Court require a different procedure. Failure to observe this rule may result in striking the response.

(g) Oral Argument.

Oral argument before the Supreme Court, an assigned Justice or a Referee, is not a matter of right. The Court may refuse to assume original jurisdiction without hearing oral presentation.

(h) Amicus Curiae.

Amicus curiae may not appear in an original jurisdiction proceeding unless an order of the Court grants leave for the appearance. Amicus curiae practice and procedure in an original jurisdiction proceeding will be governed by Court orders in that proceeding. Rule 1.12 shall apply.

(i) Commencement At Least Ten Days Before Hearing or Trial.

This Court will not assume original jurisdiction in any matter except habeas corpus nor shall this Court stay any proceedings unless the same is filed with the clerk of this Court at least ten (10) days prior to the date said cause is set for hearing or trial. Provided however, the above limitation may be excused by this Court if petitioner alleges and shows that asserted grounds for relief were not known, or could not reasonably have been discovered, prior to the ten-day period.

(j) Sanctions.

Sanctions for the filing of a frivolous application to invoke this Court's extraordinary powers to issue original jurisdiction writs may be invoked against the party filing such proceeding in favor of the party required to defend against it (including a real party in interest). Sanctions may include an award of costs and attorney's fees.
A frivolous proceeding may include one brought for the sole purpose of delay or to disrupt the proceeding in the court below or a proceeding so obviously without any merit as to impute bad faith on the party bringing the action. Where the filing of such proceeding is in good faith, sanctions will not be imposed. See 12 O.S.Supp.1995 § 995.

RULE 1.192 – EVIDENCE—REFERENCE

On any controverted question of a material fact, this Court will refer the cause to a referee for the purpose of taking testimony or hearing the evidence, as it shall determine.

RULE 1.193 – EFFECTIVENESS OF JUDGMENT AND REHEARING

In all original proceedings other than those to review a decision of the Workers' Compensation Court or to impose bar discipline, the decision of this Court, unless it is stayed with or without bond, shall become effective when its opinion or order is filed with the clerk.

A petition for rehearing in an original jurisdiction proceeding is governed by Rule 1.13.

RULE 1.194 – PROCEEDINGS TO PROTEST OR TO OBJECT TO INITIATIVE AND REFERENDUM PETITIONS

Proceedings in the Supreme Court to determine protests or objections to initiative and referendum petitions shall be commenced and proceed in accordance with the procedures set out in 34 O.S.Supp.1992 § 8.

The proceeding shall be treated as an original action and the parties shall be afforded a trial de novo. In re Initiative Petition 281, State Ques. No. 441, 1967 OK 230, 434 P.2d 941. If factual issues are raised, the Court may assign the matter to a referee.

The Court may issue directions when the procedure is not set out in 34 O.S.Supp.1992 § 8, in this Rule, or in Part VI of these Rules.

RULE 1.200 – OPINIONS OF THE SUPREME COURT AND THE COURT OF CIVIL APPEALS

(a) Memorandum Opinions.

An opinion shall be prepared in memorandum form unless it:

(1) Establishes a new rule of law or alters or modifies an existing rule;
(2) Involves a legal issue of continuing public interest;
(3) Criticizes or explains existing law;
(4) Applies an established rule of law to a factual situation significantly different from that in published opinions of the courts of this state;
(5) Resolves an apparent conflict of authority; or
(6) Constitutes a significant and non-duplicative contribution to legal literature:

(a) by an historical review of law; or
(b) by describing legislative history.

(b) Publication of Memorandum Opinions and Unpublished Opinions.

(1) Opinions shall be published in the official reports and on the Oklahoma Supreme Court World Wide Web site only when they satisfy the standards set out in this rule. Disposition by memorandum, without a formal published opinion, does not mean that the case is considered unimportant. It does mean that no new points of law making the decision of value as precedent are believed to be involved. A memorandum opinion shall not be published unless it is ordered to be published by the Supreme Court.
(2) A party or other interested person who believes that an opinion of either the Supreme Court or Court of Civil Appeals which has not been designated by the Court for publication has substantial precedential value may file a motion in the Supreme Court asking that it be published. The motion shall state the grounds for such belief, shall be accompanied by a copy of the opinion, and shall comply with Rule 1.6.
(3) Regardless of the foregoing, no opinion superseded by an opinion on rehearing shall be published in the official reports. An opinion that is modified on rehearing shall be published as modified if it otherwise meets the standards of this rule.
(4) An opinion shall be published only if the majority of the justices or judges participating in the decision find that one of the standards set out in this rule is satisfied. Concurring and dissenting opinions shall be published only if the majority opinion is published.
(5) All memorandum opinions, unless otherwise required to be published, shall be marked: "Not for Official Publication." Because unpublished opinions are deemed to be without value as precedent and are not uniformly available to all parties, opinions so marked shall not be considered as precedent by any court or cited in any brief or other material presented to any court, except to support a claim of res judicata, collateral estoppel, or law of the case. Opinions marked Not For Official Publication shall not be published in the unofficial reporter, nor on the Supreme Court World Wide Web site, nor in the official reporter.
(6) An opinion designated For Publication in O.B.J. Only shall be published in the unofficial reporter and on the Supreme Court World Wide Web site. Such an opinion shall not be published in the official reporter. An opinion designated For Publication in O.B.J. Only shall not be considered as precedent.
(7) Disposition of cases by the Oklahoma Supreme Court in which there is no published opinion will be reported in the Oklahoma Bar Journal by brief reference to the case and the decision reached therein on appeal. The opinion in the matter shall not be published in the Oklahoma Bar Journal, or the official reporter, or on the Supreme Court World Wide Web site. The decision and reference may be published on the Oklahoma Supreme Court Web site as a Disposition of Cases Other Than by Published Opinion. The decision and reference shall not be in paragraph citation form and shall not be considered as precedential.
(8) Disposition of cases by the Oklahoma Court of Civil Appeals in which there is no published opinion will be reported in the Oklahoma Bar Journal by brief reference to the case and the decision reached therein on appeal. The decision and reference shall not be in paragraph citation form and shall not be considered as precedential. The Chief Justice of the Oklahoma Supreme Court may designate a procedure for publishing such dispositions on the Supreme Court World Wide Web site.

(c) Effect of Publication of Formal Opinion.

(1) Opinions of the Supreme Court designated For Official Publication when adopted will be published in the unofficial reporter, (Oklahoma Bar Journal), on the Oklahoma Supreme Court World Wide Web site, and published after mandate in the official reporter (Pacific Reporter). Such opinions may not be cited as authority in a subsequent appellate opinion nor may they be used as authority by a trial court until the mandate in the matter has been issued.
(2) Opinions of the Court of Civil Appeals which resolve novel or unusual issues may be designated for publication, at the time the opinion is adopted, by affirmative vote of at least two members of the division responsible for the opinion. Such opinions shall remain unpublished until after mandate issues, after which time they shall be published in the unofficial reporter, (Oklahoma Bar Journal), the Oklahoma Supreme Court World Wide Web site, and in the official reporter (Pacific Reporter). Such opinions shall bear the notation "Released for publication by order of the Court of Civil Appeals", and shall be considered to have persuasive effect. Any such opinion, however, bearing the notation "Approved for publication by the Supreme Court" has been so designated by the Supreme Court pursuant to 20 O.S.1991 § 30.5, and shall be accorded precedential value. The Supreme Court retains the power to order opinions of the Court of Civil Appeals withdrawn from publication.

(d) Supreme Court World Wide Web Site.

Opinions of the Supreme Court designated for official publication shall be published on the Court's World Wide Web site. They shall be published on the web site when filed with the Clerk of the Supreme Court.
Supreme Court opinions shall contain the following notice: "NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL." Such opinions may not be cited as authority in a subsequent appellate opinion nor may they be used as authority by a trial court until the mandate in the matter has been issued. The date of the effectiveness of opinions in original proceedings is governed by Okla.Sup.Ct.R. 1.193. When opinions published on the web site are modified or withdrawn the text of the opinion shall be deleted and any subsequent opinion in the matter shall be published on the web site if it meets the requirements of Rule 1.200.
Opinions of the Oklahoma Court of Civil Appeals designated for official publication by either the Supreme Court or the Court of Civil Appeals shall be published on the Supreme Court web site. An opinion of the Court of Civil Appeals shall not be published on the web site until mandate has issued in the matter. An opinion of the Court of Civil Appeals published on the web site is governed by Rule 1.200(c)(2) and is accorded precedential value only if it bears the notation "Approved for publication by the Supreme Court".
The Oklahoma Supreme Court may publish on the web site Dispositions by Supreme Court of Petitions for Certiorari. These dispositions shall not be published in the official reporter, and they shall not have a paragraph citation form. A disposition of the Oklahoma Supreme Court that denies a petition for certiorari to the Oklahoma Court of Civil Appeals has no precedential effect. The Supreme Court may also publish lists on mandates issued and any other matter deemed appropriate by the Court.

(e) Citation to Designation by Supreme Court and Reporters.

Published opinions of the Oklahoma Supreme Court promulgated after May 1, 1997 shall bear as an official cite the Oklahoma Supreme Court's paragraph citation form in accordance with this Rule. Opinions of the Oklahoma Court of Civil Appeals that are published after May 1, 1997 shall bear as an official citation form the Oklahoma Supreme Court's paragraph citation form in accordance with this Rule. The numbers of the paragraphs are assigned by the Court. The parallel cite to the official reporter is also required.
The court designation for the Oklahoma Supreme Court is OK when the paragraph citation form is used. The Court designation for the Oklahoma Court of Civil Appeals is "OK CIV APP" for the purposes the Supreme Court paragraph citation form. The court designation for Court of Appeals of Indian Territory is IT when the paragraph citation form is used to cite opinions of that court.
Prior to January 1, 1998 citation to opinions of the Oklahoma Supreme Court and Court of Civil Appeals shall include citations to Pacific and Pacific Reporters. Citation to the Supreme Court's paragraph citation is allowed as a parallel cite, but not required. Effective January 1, 1998, citation to opinions of the Oklahoma Supreme Court shall be as follows:

1. Oklahoma Supreme Court Opinions Promulgated Prior To May 1, 1997.

Opinions promulgated (filed) prior to May 1, 1997 shall be cited by reference to the Pacific and Pacific Reporters. Parallel citation to the Supreme Court's official paragraph citation form is strongly encouraged for opinions promulgated prior to May 1, 1997. Parallel citation to Oklahoma Reports is allowed. However, parallel citation to Oklahoma Reports shall not be made when the Supreme Court's official paragraph citation form is used.
Examples of permissible citation form for opinions prior to May 1, 1997:
Skinner v. Braum's Ice Cream Store, 1995 OK 11, 890 P.2d 922.
Skinner v. Braum's Ice Cream Store, 1995 OK 11, ¶9, 890 P.2d 922.
Skinner v. Braum's Ice Cream Store, 1995 OK 11, 890 P.2d 922, 925.
Skinner v. Braum's Ice Cream Store, 890 P.2d 922 (Okla. 1995)
Skinner v. Braum's Ice Cream Store, 890 P.2d 922, 925 (Okla. 1995).
Skinner v. Braum's Ice Cream Store, 890 P.2d 922 (Okl. 1995).
Skinner v. Braum's Ice Cream Store, 890 P.2d 922, 925 (Okl. 1995).
Skinner v. Braum's Ice Cream Store, Okl., 890 P.2d 922 (1995).
Skinner v. Braum's Ice Cream Store, Okl., 890 P.2d 922, 925 (1995).
In "Skinner v. Braum's Ice Cream Store, 1995 OK 11, ¶9, 890 P.2d 922" "1995" refers to the year the opinion was promulgated, "OK" is the court designation for the Oklahoma Supreme Court, "11" is the number of the opinion in 1995 assigned to that opinion by the Oklahoma Supreme Court, "¶9" is paragraph number 9 of the opinion as designated by the Supreme Court, and "890 P.2d 922" is the parallel citation to Pacific 2d Reporter.

2. Oklahoma Supreme Court Opinions Promulgated After May 1, 1997.

Opinions promulgated (filed) after May 1, 1997 shall be cited by reference to the Supreme Court's official paragraph citation form. Parallel citation to Pacific Reporters is required. The parallel cite to Pacific Reporter may include a cite to the specific page of that Reporter if a specific paragraph is cited. When the Supreme Court paragraph citation form is used citation to a footnote need not include the paragraph number where the note occurs in the opinion.
Examples of citation form for post-May 1, 1997 opinions using a pre-May 1, 1997 opinion:
Skinner v. Braum's Ice Cream Store, 1995 OK 11, 890 P.2d 922.
Skinner v. Braum's Ice Cream Store, 1995 OK 11, ¶9, 890 P.2d 922.
Skinner v. Braum's Ice Cream Store, 1995 OK 11, ¶9, 890 P.2d 922, 925.
Skinner v. Braum's Ice Cream Store, 1995 OK 11, n. 10, 890 P.2d 922.
An opinion cited subsequent to issuance of the mandate therein but prior to official publication shall be cited using the following as an example: Wilkinson v. Dean Witter Reynolds, Inc ., 1997 OK 20, ____P.2d____, (mandate issued April 3, 1997).
In a matter where no mandate issues an opinion may be cited prior to official publication when the time to file a petition for rehearing has lapsed and no petition for rehearing was filed. The following is an example: Edwards v. Basel Pharmaceuticals, 1997 OK 22, ____P.2d____, (petition for rehearing not filed).

3. Opinions of the Oklahoma Court of Civil Appeals.

Published opinions of the Oklahoma Court of Civil Appeals promulgated after May 1, 1997 shall be cited by reference to the Supreme Court's official paragraph citation form. Parallel citation to Pacific Reporters is required. Published opinions prior to May 1, 1997 shall be cited using the Pacific Reporter and parallel citation to the paragraph citation form is strongly encouraged. Opinions of the Court of Civil Appeals, no matter when published, are subject to the other provisions of Rule 1.200.

4. Citation to Opinions Supported by Less Than a Majority.

The paragraph citation form is also used to designate material in a published opinion where that opinion is supported by less than a majority of the members of the Supreme Court. When material from such an opinion is cited the name of the author, names of any Justices joining the opinion, and the type of opinion must be designated in the cite. For example, to cite paragraph number nine of the dissenting opinion in Edwards v. Basel Pharmaceuticals, 1997 OK 22, ___P.2d___. The correct citation form is: Edwards v. Basel Pharmaceuticals, 1997 OK 22, ¶9, ___P.2d___, (Opala, J., dissenting in part). A footnote of this dissenting opinion is cited thus: Edwards v. Basel Pharmaceuticals, 1997 OK 22, n.12, ___P.2d___, (Opala, J., dissenting in part). A published opinion, or part thereof, of the Supreme Court has no precedential effect unless a majority of the Court have joined therein.

(f) Effective Date.

The policy adopted herein shall be in effect retroactively from and after April 1, 1983. Citation to opinions using the Supreme Court paragraph citation form shall be required after January 1, 1998 in accordance with Rule 1.200(e).

RULE 1.201 – SUMMARY DISPOSITION

In any case in which it appears that a prior controlling appellate decision is dispositive of the appeal, the court may summarily affirm or reverse, citing in its order of summary disposition this rule and the controlling decision.

At any time during the pendency of the appeal any party may move for summary disposition, citing the prior controlling decision. The motion shall be served on opposing counsel who may respond within ten (10) days. Thereafter, the court may enter an order summarily affirming, reversing, or denying the motion.

RULE 1.202 – AFFIRMANCE BY SUMMARY OPINION

In any case in which the court determines after argument or submission on the briefs that no reversible error of law appears and either

(a) the appeal is frivolous and completely without merit;
(b) the findings of fact of the trial court are supported by sufficient competent evidence;
(c) the verdict of the jury is supported by sufficient competent evidence;
(d) the opinion or findings of fact and conclusions of law of the trial court adequately explains the decision; or
(e) the trial court did not abuse its discretion; the court may affirm by an opinion citing this rule and indicating which one or more of the above criteria it has determined to be applicable. The opinion will be in the following form: "Affirmed under Rule 1.202 [(a)(b)(c)(d) or (e)]."

RULE 1.250 – ORDER FOR APPELLATE SETTLEMENT CONFERENCE

At the discretion of the Court, a case in which all the litigants have agreed to an appellate settlement conference may be invited to settlement conference after the filing of the response(s) to an appeal and to cross and counter appeals, if any. The purpose of the conference shall be to enable the parties to discuss their case, simplify the issues, negotiate settlement, and consider any matters that may aid in disposition of the case.

The order inviting the parties and counsel to appear for settlement conference shall be mailed to counsel of record by the Clerk of the Supreme Court. The settlement conference process shall be conducted in accordance with Rules 1.251, 1.252, and 1.253. Nothing in the settlement conference process shall toll any time periods or deadlines in the appeal process unless specifically so ordered by the Court.

RULE 1.251 – PROCEDURES AND GUIDELINES FOR APPELLATE SETTLEMENT CONFERENCE

(a) Administration.

The settlement conference program shall be directed by a program administrator designated by the Court. All documents in the settlement conference process shall be in the form prescribed by the Court.

(b)Screening and Selection.

Appeals shall be screened and selected from those petitions in error indicating that all parties are willing to participate in an attempted settlement of the appeal by predecisional conference if offered the opportunity. Screening and selection will be done by the program administrator promptly after the filing of the response(s) to an appeal and/or to cross and/or counter appeal(s), if any, whichever is later. After selection, the Court shall enter an order inviting the parties to participate in a settlement conference. A settlement conference may be requested at any time by joint application of all parties.

(c) Settlement Conference.

The settlement conference shall be conducted by a settlement conference judge unless the parties elect private dispute resolution as provided by Rule 1.251(f) below.

(d) Scheduling.

The settlement conference shall be scheduled by the program administrator at the earliest date possible at a location convenient for the parties. Upon application to the conference judge, and for good cause shown, the conference judge may change the date, time and/or location of the settlement conference.

(e) Settlement Conference Judge.

1. Qualifications. The Supreme Court shall choose a pool of Conference Judges. A conference judge may be a former appellate or district court judge on retired active status, an active judge in a judicial district other than the district where the appeal subject to settlement conference originated, a Supreme Court Referee or Staff Lawyer. The Court may determine other qualifications, including mediation and/or settlement training.
2. Selection. The conference judge for each settlement conference shall be selected by the program administrator from the list of conference judges chosen and approved by the Supreme Court. The program administrator may serve as the conference judge.
3. Role. The role of the conference judge is to facilitate discussions between the parties, help them simplify issues, and assist them in reaching a voluntary settlement. The conference judge has no authority to compel settlement.
4. Disclosure. A conference judge shall disclose any circumstance that may appear to affect impartiality. Issues of conflicts of interest or other grounds for disqualification shall be addressed informally to the conference judge. If the issue cannot be resolved, any party may move the Court to disqualify the conference judge.
5. Control. The conference judge shall conduct the settlement conference in the manner he or she deems appropriate.

(f) Private Dispute Resolution.

Upon joint motion filed by all parties within fifteen (15) days of the date of the settlement conference order, the Court may allow the parties to participate in mediation, arbitration, or another alternative dispute resolution process. In the motion, the parties shall state facts to establish that specific arrangements have been made for private dispute resolution of the appeal. The private settlement procedure shall be completed within forty-five (45) days of the order granting the joint motion. A final report shall be submitted by the parties to the Court within five (5) days after the settlement conference. Rule 1.251(h), Rule 1.251(i), Rule 1.251(j) and Rule 1.252 of these procedures and guidelines apply to private dispute resolution procedures.

(g) Settlement Conference Statements.

No later than five (5) days before the settlement conference, each party shall provide the conference judge and each other party with a settlement conference statement. The statement shall be in the Court's prescribed form (Rule 1.301, Form No. 20) and include any information specified in the Court's order notifying the parties of the settlement conference.

(h) Participants.

1. Parties. The settlement conference shall be attended by all parties and their counsel unless excused by the conference judge. Each party shall be represented at the conference by an individual with full settlement authority.
2. Interested Non-Parties. Any interested non-party, such as an insurance company or other person or entity that is contractually required to defend or to pay damages, shall be represented at the settlement conference by an individual with full settlement authority.

(i) Results.

Within five (5) days of the conclusion of the settlement conference, the conference judge shall report in writing to the program administrator the results of the conference. To the extent the parties settle the case or otherwise effect full disposition of all issues, they shall promptly file a dismissal or joint dismissal with the Clerk and provide a copy to the program administrator.

(j) Confidentiality.

Statements during the settlement conference process are confidential, are not binding on the parties except as agreed by written stipulation, and shall not be treated as admissions against interest or as limitations on a party's claims or defenses.

RULE 1.252 – ROLES AND FUNCTIONS OF JUDICIAL OFFICERS AND PARTICIPANTS IN SETTLEMENT CONFERENCE PROCESS

(a) Role/Functions of Supreme Court and Chief Justice.

l. The Supreme Court shall set all guidelines for the Appellate Settlement Conference.
2. The Chief Justice shall oversee the Appellate Settlement Conference Program.
3. The Program Administrator may administer the program under the guidelines established by the Supreme Court and under the supervision of the Chief Justice.
4. The Supreme Court shall rule on motions presented after consideration of the Program Administrator's recommendations.

(b) Role/Functions of Program Administrator.

The Program Administrator:

1. Is a judge, Supreme Court Referee or Staff Lawyer, and has the mediation and/or settlement training required by the Court.
2. Drafts, evaluates and periodically revises settlement conference program forms for submission to the Supreme Court for its approval.
3. Selects cases to recommend to the Chief Justice for participation in settlement conference process.
4. Selects settlement conference judges from a list which has been approved by the Supreme Court and determines dates, times and locations of settlement conferences.
5. Reviews all motions and presents written recommendations to the Chief Justice for final decision.
6. Monitors parties' private dispute resolution efforts and results; and formulates scheduling orders for entry by Chief Justice if such procedures are not timely accomplished.
7. Arranges training for settlement conference judges.
8. Conducts formal and informal exchanges with Oklahoma Bar under the supervision of the Chief Justice.
9. After prior Supreme Court approval, arranges for publications and seminars.
10. Compiles and analyzes statistics concerning the program with the assistance of the Administrative Director of the Court and the Court Clerk.
11. Coordinates continuing evaluation of program by Supreme Court, Program Administrator, settlement conference judges, Administrative Director of the Court, Court Clerk, Oklahoma Bar Association, Oklahoma lawyers practicing before the Court, and the general public.
12. Provides the Supreme Court with a monthly report detailing the number of cases currently pending in the settlement process, the number of cases resolved by the settlement process (by category), and the costs associated with administering the program.

(c) Role/Functions of Court Clerk.

The Court Clerk works with the Program Administrator in coordinating records and notices necessary to facilitate operation of the settlement conference program.

(d) Role/Functions of Settlement Conference Judge.

The Settlement Conference Judge:

l. Is a judge, a Supreme Court Referee or Staff Lawyer, and has the mediation and/or settlement training required by the Court.
2. Acts as an advocate for settlement and has the discretion to direct the conference in the manner he or she deems appropriate, including such actions as joint and/or private sessions with the parties and/or their counsel, ex parte communications with counsel before and/or after the settlement conference, and multi-party conference calls.
3. Works with the Program Administrator to schedule the conference, exercises discretion to reschedule the date, time or place of the conference, and notifies the Program Administrator of such change.
4. Discloses to the Program Administrator and the parties any circumstance that may appear to affect the conference judge's impartiality, and recuses as appropriate.
5. Protects the integrity and confidentiality of the settlement process.
6. Reviews settlement conference statements in advance to verify participation by all necessary parties and counsel, to assure that those with authority will participate, to assess issues, and to anticipate need for various documents, etc.; and consults with counsel as indicated to assure preparedness for conference.
7. Begins and guides the discussion at the settlement conference, listens to the factual and legal positions of the parties, identifies issues and interests, generates movement toward settlement, and terminates or continues the conference as appropriate.
8. Reports the results of the conference to the Court Clerk within five (5) days of the final conference.
9. Gives the Court written notice through the Program Administrator if any party fails to appear after receiving written notice of the conference and without good cause.

(e) Roles/Functions of Counsel and Parties.

Counsel and the parties participating in the settlement conference are expected to:

l. Comply with the Procedures and Guidelines governing settlement conference, private dispute resolution procedures, depending upon decision(s) made by the parties and their counsel.
2. Promptly notify the conference judge of any facts outside the record that may appear to affect the conference judge's impartiality.
3. Before the settlement conference, prepare to: a) discuss the facts and issues involved in the appeal, b) provide copies of any pertinent statutes, orders, transcripts and other relevant materials, and c) suggest possible terms for settlement.
4. Appear at the settlement conference with someone with full authority to settle or compromise the appeal.
5. Arrange for the attendance at the settlement conference of any interested non-party, such as an insurance company or other person or entity that is contractually required to defend or pay damages, which shall be represented by an individual with full settlement authority.
6. Provide the conference judge and each other party with a settlement conference statement in accordance with the Procedures and Guidelines.
7. Maintain the confidentiality and integrity of the settlement process.
8. Promptly file dismissal or joint dismissal pleadings with the Clerk if the case settles.

RULE 1.253 – COURT-APPROVED FORMS: APPELLATE SETTLEMENT CONFERENCE PROGRAM

Court approved forms for use in the appellate Settlement Conference Program are provided in Part IX of these Rules, Appendix of Forms.

RULE 1.260 – EXPUNGEMENT OF RECORDS

Persons who have obtained an order of expungement from a district court, pursuant to Title 22, Sections 18 and 19, may seek expungement of related civil appellate records in this Court for retained cases as well as those that stand or stood assigned to the Oklahoma Court of Civil Appeals. Those persons who seek a district court's expungement by appeal or writ may seek this court's order directing the clerk to keep certain materials sealed pending the outcome of the case.

RULE 1.261 – APPLICATION FOR EXPUNGEMENT

A party desiring expungement of appellate records must file an Application for Expungement with the Clerk of this Court. The Application shall state (1) the category under which the person was qualified to seek expungement in the district court, as set forth in Title 22, Section 18; and (2) the date the district court entered the order of expungement and the scope of that order. A certified copy of the party's motion for expungement and of the district court's order granting the motion shall be filed with the Application for Expungement.

RULE 1.262 – INSPECTION OF EXPUNGED APPELLATE RECORDS

Inspection of expunged appellate records may thereafter be permitted only by order of this Court.

For purposes of this section, appellate records ordered expunged shall not be physically destroyed. See Title 22, Section 19.

RULE 1.300 - REQUIRED FORMS

The forms provided in Part IX of these Rules are to be used in the District Courts, Workers' Compensation Court, Court of Civil Appeals, and Supreme Court when required by the Rules of this Court.

RULE 1.301 – FORMS

Form No. and Title

1. Entry of Appearance.

2. Entry of Appearance - Pro se.

3. Notice of Change of Address.

4. In Forma Pauperis Affidavit.

5. Petition in Error.

6. Response to Petition in Error.

7. Petition for Certiorari to Review Certified Interlocutory Order.

8. Response to Petition for Certiorari to Review Certified Interlocutory Order.

9. Petition for Review, Workers' Compensation Court.

10. Response to Petition for Review, Workers' Compensation Court.

11. Designation of Record for District Court.

11A. Acknowledgement of Request for Transcript

12. Notice of Completion of Record, District Court.

12A. Certification and Notice of Completion of Electronic Record

12B. Notice of Non-Completion of Record

13. Style for Application to Assume Original Jurisdiction.

14. Notice of Original Jurisdiction Supreme Court Proceeding.

15. Designation of Record for Review of Orders of the Workers' Compensation Court

16. Designation of Record for Tribunals Other Than District Courts.

17. Notice of Completion of Record for Workers' Compensation Court.

18. Notice of Completion of Record for Tribunals Other than District Courts.

19. Order for Settlement Conference.

20. Settlement Conference Statement.

21. Motion for Withdrawal of Cause from Settlement Conference.

22. Notice of Continuance and/or Relocation of Settlement Conference.

23. Order Withdrawing Order for Settlement Conference.

24. Report of Settlement Conference.