Opinion
Case Number: SCAD-2012-36
06-21-2012
RE: RULES FOR ELECTRONIC FILING IN THE OKLAHOMA COURTS SELECTED AS PILOT COURTS
NOT RELEASED FOR OFFICIAL PUBLICATION.
ORDER
Pursuant to this Court's general superintending control over all inferior courts, Okla. Const., Art. 7, § 4, general administrative authority over state courts, Okla. Const., Art. 7, § 6, and the authority specified in 12 O.S.2011, § 2005(e) and 20 O.S.2011, § 3004, we hereby approve the Rules For Electronic Filing in the Oklahoma Courts as set out in the attachment hereto.
IT IS ORDERED that the Rules For Electronic Filing in the Oklahoma Courts attached hereto are approved and shall be applicable in the courts approved by this Court as pilot courts for the electronic filing project. Thereafter, the rules shall be applicable in the district courts in other Oklahoma counties on a county-by-county basis as approved by this Court. It is also ordered that this order with the attachment shall be available for access via the internet from the Court website at www.oscn.net and included one time in the Oklahoma Bar Association Enews.
DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE this 21st day of June, 2012.
CHIEF JUSTICE
ALL JUSTICES CONCUR.
ATTACHMENT TO ORDER No. SCAD-2012-36
RULES FOR ELECTRONIC FILING IN THE OKLAHOMA COURTS SELECTED AS PILOT COURTS.
PART I. RULES FOR ELECTRONIC FILING IN THE OKLAHOMA DISTRICT COURTS, COURT OF CIVIL APPEALS, SUPREME COURT, AND COURT OF CRIMINAL APPEALS
Rule 1. Scope of Rules.
a. Pursuant to 12 O.S. 2011, § 2005(e), 20 O.S. 2011, § 3004, and 22 O.S. 2011, § 1051, the Supreme Court of Oklahoma and the Court of Criminal Appeals adopt the following combined rules for the electronic filing of Documents, cases, proceedings, and original actions in the courts of Oklahoma. These Rules recognize that Documents in proceedings in the courts of Oklahoma may be filed, served, and preserved in electronic format. These Rules shall supplement but not replace the existing statutes and court rules regulating the practice and procedure in the courts of Oklahoma. Nonetheless, where these Rules specify a practice or procedure, these Rules shall control with respect to those matters filed using the Oklahoma Unified Case Management System (OUCMS).
b. The implementation of the OUCMS in the district and appellate courts will be a phased implementation. These Rules shall become effective in each district and appellate court at the time the OUCMS is implemented in that court. The Administrative Office of the Courts shall maintain a list of all district and appellate courts using the OUCMS, and the implementation date of each. This list shall be posted on the Supreme Court's website, and shall be available to the public at each court clerk's office.
c. The Supreme Court and the Court of Criminal Appeals may issue additional administrative orders supplementing these Rules, and designating various case types as mandatory E-File case types. Case types so designated shall be filed electronically after the effective date of such supplemental order, and the court clerk shall not accept for filing or file any documents in paper format in mandatory E-File case types from litigants represented by counsel.
Rule 2. Definitions. As used in these Rules:
a. "Approved Electronic Method" means the Oklahoma Unified Case Management System (OUCMS) including the means approved for electronically transmitting Documents to the courts of Oklahoma for filing in any case or proceeding, and such other electronic methods which may later be designated by statute or court rule. Submitting Documents by email or facsimile to a court or court clerk is not an Approved Electronic Method for E-Filing.
b. "Conventional Means" or "Conventional Manner" means filing with a court clerk in traditional paper form.
c. "Court-Initiated Document" means court Documents entered by a judge, court clerk, court reporter, or other court official into the docket or case file, such as minute entries, notices, financial entries, orders, or opinions.
d. "Document" means a collection of text or other data that is maintained as unique and separate from others, including, but not limited to, any opinion, order, judgment, decree, petition, motion, pleading, form, instrument, record, exhibit, writ, transcript, or other item.
e. "E-Document" means any electronic Document, other than an E-Record, submitted or E-Filed in accordance with these Rules, and includes the electronic version of any paper Document scanned and made part of the court record by a court clerk.
f. "Electronic Filing (E-Filing, E-File, or E-Filed)" means the transmission by an Approved Electronic Method of any Document to or by a court or clerk of a court of this State. This will include notices and orders created by a court as well as pleadings, other Documents and attachments created by practitioners or parties.
g. "Electronic Filing Technical Standards" are those standards, not inconsistent with these rules, adopted by the Administrative Office of the Courts, as authorized by the Supreme Court of Oklahoma, to implement electronic filing. The Electronic Filing Technical Standards will provide additional technical requirements for E-Documents, including, but not limited to, file size, attributes, resolution, embedded files, and other technical requirements, including users' email functionality and users' system capabilities. The Electronic Filing Technical Standards may also provide additional technical requirements for E-Records. As technology evolves, the Electronic Filing Technical Standards may be updated from time to time, and the current Electronic Filing Technical Standards shall be maintained and available to the public on the Supreme Court's website.
h. "E-Record" means a record on appeal that has been prepared, assembled, and filed with the court clerk in an electronic format through the OUCMS.
i. "Electronic seal, stamp, certification, or authentication" means an electronic representation of a stamp, certification, or authentication applied through the OUCMS and executed or adopted by a court clerk, judge, or judicial official with the intent to stamp, certify, or authenticate the Document pursuant to statute or court rule.
j. "Electronic Service" ("E-Service") means the electronic transmission of E-Documents by email to one or more Registered Users in lieu of serving such Documents in traditional paper form.
k. "Electronic Signature" ("E-Signature") means any digital or electronic representation of a person's name logically associated with a Document, and executed or adopted by a person with the intent to sign the Document.
l. Email addresses:
1. "Designated Case-Specific Email Address" is the primary email address provided by the Registered User in a specific case or matter for E-Service in that specific case or matter. A Registered User must provide a Designated Case-Specific Email Address at the time the Registered User files his or her entry of appearance or other initial filing. A Designated Case-Specific Email Address must have the functionality required by the OUCMS, and E-Service shall originate from and be perfected to this email address. Once a Registered User provides a Designated Case-Specific Email Address in a specific case, that address shall serve as the "last known address" for purposes of service in that matter as required by any statute or court rule.
2. "Registration Email Address" means the email address provided by a Registered User during the registration process. The Registration Email Address shall be associated with the user's profile, and OUCMS will use these addresses for notifications related to E-Filing under that user's account regardless of the Designated Case-Specific Email Address on file in a specific case.
3. "Secondary Email Address" means the email address or addresses provided by a Registered User in a particular case or matter, in addition to the Designated Case-Specific Email Address. If a Registered User designates a Secondary Email Address in a case, any E-Filer in that case shall also send electronic copies of Documents filed in that case to the Secondary Email Address.
m. "Filer" means a Registered User whose user ID and password are used to file an E-Document in a district or appellate court proceeding or matter.
n. "Hardcopy" is a paper copy of an E-Document.
o. "Portable Document Format" or "PDF" means a format developed by Adobe Systems for reproducing Documents in a manner independent of the software, hardware, and operating system originally used to create the Document.
p. "Register" or "Registration" means the process as set forth in these Rules for a person to request authority to use the OUCMS.
q. "Registered User" means a person who has applied and been approved to use the OUCMS. The following are authorized to Register (see also Rule 9 and Rule 14 of these Rules):
1. Attorneys licensed to practice law in Oklahoma;
2. Pro hac vice attorneys authorized to practice in a district or appellate court proceeding;
3. Parties in a case who are not represented by legal counsel (an unrepresented person will be authorized to E-File only in the specific case or cases in which the unrepresented person is a party);
4. Any other person authorized by statute or court rule to participate in a case.
r. "Technical Failure" means a malfunction of OUCMS hardware, software, and/or telecommunications facility which results in the inability of a Registered User to E-File a Document. It does not include the failure of a user's equipment, software, and/or telecommunications facility.
Rule 3. Signature.
a. Where any statute or court rule requires a person's signature to file, certify, or verify a Document in the courts of this State, an Electronic Signature shall satisfy the signature requirement.
b. By use of an Electronic Signature, the person represents that all requirements of the statute or court rule requiring the person's signature have been satisfied and all duties and obligations imposed by the statute or court rule have been fulfilled.
c. An Electronic Signature placed on a Document is deemed to constitute a signature on the Document for purposes of all signature requirements imposed by Oklahoma court rules and statutes, including, Section 2011 of the Oklahoma Pleading Code, 20 O.S. 2011, § 2011, and/or any other applicable law.
d. An Electronic Signature placed on a Document shall have the same force and effect as a handwritten signature. Unless otherwise ordered by a court, an E-Signature is sufficient on all Hardcopies of E-Documents.
e. Where any statute or court rule requires the signature, verification, or endorsement of a justice, judge, court reporter, court clerk, or other judicial officer on a Document, including a transcript, in the courts of this State, an Electronic Signature shall satisfy that requirement. Where any statute or court rule requires a seal, stamp, authentication, or certification of a justice, judge, court reporter, court clerk, or other judicial officer on a Document, including a transcript, an electronic seal, stamp, authentication, or certification applied through the OUCMS shall satisfy that requirement.
f. All Documents electronically signed, stamped, certified, or authenticated by a justice, judge, court reporter, court clerk, or judicial officer shall have the same force and effect as if the Justice, judge, court reporter, court clerk, or judicial officer had affixed his or her signature, stamp, certification, or other authentication by hand to an original paper Document.
Rule 4. Format of Electronic Signatures.
a. Court-Initiated Documents. Electronic Documents may be signed by a judge, court reporter, court clerk, or judicial officer via a digital or Electronic Signature created by the OUCMS.
b. Documents Filed by Registered Users.
1. Signature Block. All E-Filed Documents must include a signature block and must set forth the user's name, bar number (where applicable), address, telephone number, and Designated Case-Specific Email Address. The name of the Registered User under whose account the Document is submitted must be preceded by an "/s/" and typed in the space where the signature would otherwise appear.
2. Multiple Signatures. The Filer of any Document requiring two or more signatures (e.g., stipulations, joint status reports) must list thereon all the other signatories' names by means of an "/s/" signature block for each signatory. By submitting such a Document, the Filer certifies that each of the other signatories has expressly agreed to the form and substance of the Document and that the Filer has their actual authority to submit the Document electronically. It shall be the responsibility of the Filer to retain records evidencing this concurrence for future production. Unless a longer time is prescribed by court rule or statute, a non-filing signatory or party who disputes the authenticity of an electronically filed Document containing multiple signatures must file an objection to the Document within ten (10) days of the date the signatory or party knows, or should know, the Document is filed.
c. Documents signed under penalty of perjury or requiring a notary public's signature. Documents required by law to include a signature under penalty of perjury, or the signature of a notary public, may be E-Filed in place of the original Document. The declarant and/or notary public must sign the original Document. The original Document shall be converted into an E-Document, if necessary, and E-Filed in a format that accurately reproduces the original signatures and contents of the Document. The Filer shall retain the original Document, or other evidence of the original signature(s), for future production. Certain individuals, entities, and governmental agencies may be allowed to submit sworn or notarized E-Documents in an alternate format, at the discretion of, and in the manner prescribed by the Administrative Office of the Courts (See also Rule 14).
Rule 5. E-Filing of Documents.
a. E-Filing. A Registered User shall submit a Document by uploading the Document to the E-Filing system. The court clerk will file the submitted Document.
1. Confirmation of Submission. A Document is submitted to the E-Filing system when the Document, along with any E-Filed attachments, has been successfully transmitted and uploaded through the E-Filing system of the OUCMS, and when the OUCMS has successfully received the entire Document, including any E-Filed attachments. An automatic receipt, verifying the date and time submitted, will be sent to the Registration Email Address informing the Filer of the successful submission. Absent receipt of the confirmation of submission, there is no presumption that the court received the Document.
2. Confirmation of Acceptance. The court clerk will accept for filing the submitted E-Document or E-Record. See Cotner v. Golden, 2006 OK 25, 136 P.3d 630; 12 O.S. 2011, § 2005. When accepted for filing in the case, the Document will receive an electronic file stamp. Upon acceptance, a receipt confirming the date and time of acceptance and providing a case number, if applicable, will be sent to the Registration Email Address.
b. When an E-Filed Document Is Deemed Filed.
1. District Courts, Court of Civil Appeals, and Oklahoma Supreme Court. A Document may be submitted through the OUCMS at any time of day, but any E-Document submitted after 5 p.m. will be deemed submitted the next business day. When the E-Document is accepted by the court clerk, it shall be deemed filed on the date and time the E-Document, along with any E-Filed attachments, was submitted to the OUCMS. The confirmation receipt of submission and the confirmation receipt of acceptance shall serve as proof of the filing. Central Time shall be used to determine the filing date and time for purposes of this Rule.
2. Court of Criminal Appeals.
a. E-Documents submitted as a matter of right pursuant to Rule 3.4, Rules of the Oklahoma Court of Criminal Appeals, 22 O.S. 2011, Ch. 18, App., shall be deemed filed upon the date the Document is accepted by the Clerk of the Appellate Courts. The confirmation receipt of acceptance shall serve as proof of E-Filing.
b. E-Documents tendered for filing as set forth in Rule 1.13 (K), Rules of the Oklahoma Court of Criminal Appeals, 22 O.S.2011, Ch. 18, App., shall be deemed tendered upon submission to the Clerk of the Appellate Courts. Upon submission, the clerk shall E-Serve the Filer a receipt confirming the date and time the E-Document was tendered for filing together with the case number which shall serve as proof of tendering the E-Document for filing.
Rule 6. Filing Fees and Costs Associated with E-Filing.
a. Filing Fees and Costs. The same fees and costs prescribed by statute, court rule, or order of the Supreme Court for filing paper Documents shall apply to E-Filed Documents. Such fees, if any, shall be paid by credit card or other online method approved for use with the OUCMS at the time Documents are E-Filed.
b. Pauper's Affidavit. Counsel representing a party, or an unrepresented Registered User, may E-File a pauper's affidavit requesting a waiver of the cost or filing fee associated with E-Filing an E-Document in the same manner as prescribed by statute or court rule for waiving the cost or filing fee associated with filing of a paper copy of the same Document.
Rule 7. Production of a Hardcopy of an E-Filed Document.
a. At any time during the pendency of a proceeding, a Court may direct any Filer of an E-Document to file and/or serve a Hardcopy of that Document.
b. Supreme Court.
1. In addition to filing an E-Document, during the interim transition to a fully electronic filing system, and until further order of the Supreme Court, the Filer of any of the following E-Documents shall mail or deliver one (1) Hardcopy of the E-Document, including all attachments thereto, to opposing party, and additional Hardcopies of the E-Document, including all attachments thereto, to the Supreme Court Clerk, in the following quantities:
a. Four (4) copies of a petition in error, petition for certiorari to review a certified interlocutory order, or petition for review, the response to petition in error or petition for review, and any amended or supplemental petitions in error, petition for certiorari to review a certified interlocutory order, or petitions for review.
b. Three (3) copies of the brief in chief, response brief, and reply brief.
c. Ten (10) copies of any motion and any response to a motion or reply to a response with any supporting briefs and attachments.
d. Three (3) copies of any petition for rehearing and any court-ordered response filed in the Court of Civil Appeals,
e. Ten (10) copies of any petition for certiorari, petition for rehearing, and any response or reply filed in the Supreme Court.
f. Ten (10) copies of all applications, responses and briefs, and one (1) copy of all appendices filed in an original action.
2. These additional Hardcopies shall be delivered to the Supreme Court Clerk and opposing party within five (5) days of the date the principal Document is accepted for E-Filing. The Hardcopies of the principal Document that are delivered to the Supreme Court Clerk shall be accompanied by a copy of the confirmation receipt provided pursuant to subsection (a)(2) of Rule 5 of these Rules. Regular mail of the United States Postal Service is a sufficient means for delivering Hardcopies of E-Documents to the Supreme Court and opposing party as provided in this Rule.
c. Court of Criminal Appeals.
1. In addition to the E-Document, during the interim transition to a fully electronic filing system, and until further order of the Court of Criminal Appeals, the Filer shall mail or deliver Hardcopies of all E-Documents, including all attachments thereto, to the Clerk of the Appellate Court and opposing party. In this manner, the Filer shall deliver an equal number of Hardcopies of the E-Document as the number of "copies" required for that type of document in the Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2011).
2. These additional Hardcopies shall be delivered to the Appellate Clerk and opposing party within five (5) days of the date the principal Document is accepted for E-Filing. The Hardcopies of the principal Document that are delivered to the Appellate Clerk shall be accompanied by a copy of the confirmation receipt provided pursuant to subsection (a)(2) of Rule 5 of these Rules. Regular mail of the United States Postal Service is a sufficient means for delivering Hardcopies of E-Documents to the Appellate Court and opposing party as provided in this Rule.
Rule 8. Electronic Service (E-Service).
a. Authorization for Electronic Service. Where any statute or court rule requires service of a Document on another person, that requirement may be accomplished by Electronic Service. Electronic Service of Documents is limited to those Documents permitted to be served by first-class mail, express mail, overnight delivery, or facsimile transmission. Service of process and service of Documents that require personal service as a matter of law may not be accomplished electronically.
b. E-Service by Counsel or Registered Pro Se Litigants of E-Filed Documents. E-Service of Documents as permitted by paragraph (a) of this Rule shall satisfy all statutory requirements for service on Registered Users and court officials, and shall have the same force and legal effect as service of a paper copy pursuant to the applicable statutes and court rules. E-Service is effective upon the transmission of the Document by the Filer to the Designated Case-Specific Email Address of the person being served; provided, however, that if the Filer attempting E-Service is informed that the electronic transmission failed, the Filer attempting E-Service shall ensure that service of the E-Document is completed, either electronically or otherwise. When a Filer E-Serves a Registered User (opposing counsel or party) or a court official, the certificate of service shall list the email address used for such service and include the date and time of the E-Service. Electronic Service is the responsibility of the Filer. Automatic notices generated by the OUCMS regarding docket activity or case filings shall not constitute Electronic Service upon any party.
c. E-Service by Court Clerk's Office. The district and appellate court clerks may E-Serve all notices, orders, opinions, decisions, correspondence, and Documents as permitted by paragraph (a) of this Rule. Such service on Registered Users and court officials shall be deemed effective and complete upon the transmission of either the Document or a hyperlink to the Document that is being E-Served pursuant to this Rule. When E-Serving court officials, court clerks shall use the email addresses of court officials maintained by the Administrative Office of the Courts.
d. Designated Case-Specific Email Address. The Designated Case-Specific Email Address is case specific, and is the email address provided by the Registered User for Electronic Service in a particular case or matter. The Registered User shall be responsible for maintaining a current Designated Case-Specific Email Address in each case or matter.
e. Secondary Email Address. A Secondary Email Address may be provided by a Registered User in a particular case or matter, in addition to the Designated Case-Specific Email Address. If a Registered User designates a Secondary Email Address in a case, any E-Filer in that case shall also send electronic copies of Documents filed in that case to the Secondary Email Address.
Rule 9. Registration.
a. The following persons are authorized to Register to use the OUCMS (See also Rule 2(q) and Rule 14 of these Rules):
1. Attorneys licensed to practice law in Oklahoma;
2. Pro hac vice attorneys authorized to practice in a district or appellate court proceeding;
3. Parties in a case who are not represented by legal counsel (an unrepresented person will be authorized to E-File only in the specific case or cases in which the unrepresented person is a party);
4. Any other person authorized by statute or court rule to participate in a case.
b. Users shall Register in the manner prescribed by the Administrative Office of the Courts. To be Registered, a person must have the capability to produce, file, and receive E-Documents in compliance with all technical requirements of the OUCMS.
1. Responsibility for Keeping OUCMS ID and Password Secure. No Registered User shall authorize or permit anyone to use his or her OUCMS ID or password, except for the purpose of E-Filing an E-Document on behalf of the Registered User, in which event the Registered User shall be deemed to be the Filer.
2. Responsibility for Keeping Information Current. Registered Users shall be responsible for maintaining the accuracy of the information contained on the OUCMS, including changes in their name, mailing address, telephone number, and all email addresses.
3. Registration Email Address. During registration, Registered Users will be required to provide a primary email address and may provide alternate email addresses. These addresses shall be associated with the user's account, and OUCMS will use these addresses for notifications related to E-Filing under that user's account regardless of the Designated Case-Specific Email Address on file in a specific case.
4. Revocation. Any Court may revoke a Filer's authority to file Documents electronically via the OUCMS in a particular case for good cause or as provided by court rule.
c. Case-by-Case E-Filing. During the transition to a fully electronic filing system, and until further order or court rule from the Supreme Court, Registered Users may E-File Documents through the OUCMS on a case-by-case basis. By E-Filing any Document in accordance with these rules, including, but not limited to, an Entry of Appearance or other initial pleading, a Registered User agrees to E-File and E-Serve all Documents in that case only, and agrees to accept E-Service of Documents in that case only. An Entry of Appearance or other Document E-Filed in a case shall constitute that Filer's written consent to receive E-Service via email delivered to the Designated Case-Specific Email Address on file in that case, in accordance with 12 O.S. 2011, § 2005.
Rule 10. Requirements for Pro Se Parties.
a. District Courts, Court of Civil Appeals, and the Oklahoma Supreme Court. Pro se litigants in proceedings in the district courts, Court of Civil Appeals, and the Oklahoma Supreme Court are not allowed to file Documents electronically via the OUCMS unless they have completed the required Registration process. Parties shall not be allowed to file Documents if they are represented by an attorney in the case. See Watson v. Gibson Capital LLC, 2008 OK 56, ¶ 9, 187 P.3d 735, 738-39.
b. Oklahoma Court of Criminal Appeals. Pro se parties in proceedings before the Oklahoma Court of Criminal Appeals shall not be allowed to file Documents via the OUCMS unless they have completed the required Registration process and are authorized by court order to proceed as a pro se litigant in the matter. Rule 1.16, Rules of the Oklahoma Court of Criminal Appeals, 22 O.S.2011, Ch. 18, App.
Rule 11. Court Record.
a. Electronic Documents. For any Document that has been electronically filed, or any Document submitted in paper format that has been scanned and electronically filed or maintained by a court clerk in an Approved Electronic Method , the electronic version of the Document constitutes the original court record, and the electronic version of the Document shall have the same force and effect as a Document filed by Conventional Means.
b. Form of record. The court clerk shall maintain the court record of a case or matter in electronic format or in a combination of electronic and non-electronic formats where necessary. Documents submitted for filing by non-electronic means shall be scanned and made part of the electronic record, if the Document is capable of being scanned and made part of the electronic record. Once scanned, the electronic form of the Document is the court record. If a Document or exhibit is submitted for filing which is not capable of being scanned and made part of the electronic record, the clerk or court reporter shall maintain the Document or exhibit in its original non-electronic form.
c. Record on Appeal - Supreme Court and Court of Civil Appeals. 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 E-Record transmitted through the OUCMS shall satisfy that requirement. The district court clerk shall prepare, certify, and transmit an E-Record conforming in all aspects with the Oklahoma Supreme Court Rules, 12 O.S. 2011, Ch. 15, App. 1. This rule shall become effective at the time the OUCMS is implemented in the appellate courts and in the district court transmitting the record on appeal.
1. At any time during the pendency of a proceeding before an appellate court, that court may direct the district court clerk to furnish the Appellate Court Clerk with a Hardcopy of all or part of the E-Record.
2. As part of the transition to a fully electronic filing system, it is anticipated that rules applicable to the filing of electronic transcripts by court reporters will be separately promulgated by the Oklahoma Supreme Court. In accordance with such rules, the court reporter shall provide the clerk of the trial court with an electronic copy of the reporter's transcript conforming in all aspects with the Oklahoma Supreme Court Rules, 12 O.S.2011, Ch. 15, App. 1. In addition to the electronic version of a court reporter's transcript, and until further order of the Supreme Court, the court reporter shall provide the clerk of the trial court with three (3) certified Hardcopies of the court reporter's transcript.
d. Record on Appeal- Court of Criminal Appeals. 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 E-Record transmitted through the OUCMS shall satisfy that requirement. The district court clerk shall prepare, certify, and transmit an E-Record conforming in all aspects with the Rules of the Oklahoma Court of Criminal Appeals, 22 O.S. 2011, Ch. 18, App. All corrections or supplements to an E-record shall also be electronically transmitted through the OUCMS, unless otherwise directed by the Court. This rule shall become effective at the time the OUCMS is implemented in the appellate courts and in the district court transmitting the record on appeal.
1. Within five (5) days of transmitting the E-record, the trial court clerk shall deliver two (2) Hardcopies of the E-record to the Appellate Clerk and one (1) Hardcopy to Appellant's counsel of record on appeal conforming in all aspects with the Rules of the Oklahoma Court of Criminal Appeals, 22 O.S.2011, Ch. 18, App..
2. In accordance with the applicable rules regarding filing of electronic transcripts, the court reporter shall provide the clerk of the trial court with an electronic copy of the reporter's transcript conforming in all aspects with the Rules of the Oklahoma Court of Criminal Appeals, 22 O.S.2011, Ch. 18, App. In addition to the electronic copy, court reporters shall provide the clerk of the trial court three (3) certified Hardcopies of the transcript in non-capital cases, and four (4) certified Hardcopies of the transcript in capital cases.
Rule 12. Form of Electronic Documents.
a. Electronic Document format. An E-Document shall, to the extent practicable, be formatted in accordance with the applicable rules governing formatting of paper pleadings and other Documents, including page limits, except that the first page of an electronic Document shall have a top margin of at least two (2) inches to allow for insertion of an electronic file stamp and/or certification. Failure to allow sufficient space for the electronic file stamp may result in obliteration of the underlying content. E-Documents must be self-contained and must not contain external hyperlinks.
b. Document File Type, Resolution, Size.
1. General Format. All E-Documents shall be filed in a text-based PDF format in compliance with the Electronic Filing Technical Standards. The Electronic Filing Technical Standards will provide additional technical requirements for E-Filed Documents, including but not limited to file size, attributes, resolution, and embedded file.
2. Attachments or exhibit format. Whenever practicable, an attachment or exhibit may be included as part of the principal E-Document. Any attachment or exhibit which is filed as a separate E-Document, and not included in the principal E-Document, shall be submitted in a text-searchable PDF Document format, and clearly named to specify the principal Document to which it is related (e.g., "Exhibit A to Petition" or "Exhibit A to Defendant's Response to Plaintiff's Motion for Summary Judgment"). If the original attachment or Document cannot be converted to a text-searchable PDF, the attachment or Document may be submitted in a non-text-searchable PDF format. A non-text image may also be transmitted using the current JPEG standard format.
3. Attachments or exhibits that cannot be electronically filed. Any attachments that cannot be E-Filed in a format authorized by this Rule shall be forwarded to the district or appellate court clerk and served on all the parties in the case in paper form within 24 hours of the date the principal Document is E-Filed, unless the office of the court clerk is closed on the day following the filing date for the principal Document, in which event the attachments shall be forwarded by no later than the end of the next day that the office of the court clerk is open. Service as required by this Rule may be accomplished by mailing the document by regular mail by the United States Postal Service, or a third party carrier, within the required 24 hour period. Attachments forwarded to a court clerk in this manner shall include a cover sheet bearing the case style and number, and specifying the Document to which the attachment shall be affixed.
4. Notice of attachments not electronically filed. A notice regarding the inability to E-File any attachments shall be appended to the end of the principal E-Document and a copy of that notice shall also accompany all copies of the principal Document that are served on the parties and any court officials in the case. See Form No. 1.
c. Filing of Multiple Documents. Whenever a Registered User E-Files multiple Documents in a case, each Document must be submitted as a separate E-Document bearing its own separate and distinct Document title.
d. Proposed Orders.
1. Proposed orders are not permitted in proceedings before the Supreme Court, Court of Criminal Appeals, and the Court of Civil Appeals.
2. In the district courts, proposed orders shall be subject to the following rules:
a. A proposed order will not be made part of the official court record unless the Filer attaches a copy of the proposed order, in non-editable PDF format, to the supporting motion or application which is E-Filed in the case. A separate electronic copy of the proposed order, in editable format, must also be submitted as set forth in paragraph (d)(2)(b) of this Rule.
b. When a proposed order is submitted, the Filer shall electronically submit the proposed order in editable format via the E-Filing system of the OUCMS and shall title the Document as a "proposed" order. "Editable Format" is one that is subject to modification by the court using MS Word, or such other means as may be authorized by the Administrative Office of the Courts. The proposed order in editable format shall not become part of the official court record. If the judge grants an order, the judge will cause a final order to be filed in non-editable PDF format.
Rule 13. Technical Failure.
In the event the E-Filing of a Document is not accomplished because of a Technical Failure of the OUCMS, the Filer may attempt to accomplish filing through Conventional Means. "Technical Failure" means a malfunction of OUCMS hardware, software, and/or telecommunications facility which results in the inability of a Registered User to E-File a Document. It does not include the failure of a user's equipment, software, and/or telecommunications facility. Upon satisfactory proof that (1) filing of a Document was not completed because of a Technical Failure, and (2) the Filer was unable to accomplish timely filing by Conventional Means, the affected party may seek relief through motion. The court may enter an order permitting the Document to be deemed filed on the date it was first attempted to be submitted electronically. The Administrative Office of the Courts shall maintain a publically available record of any known Technical Failure of the OUCMS.
Rule 14. State Entities and Other Users.
Where the electronic infrastructure and equipment is in place to permit it, certain individuals, entities and governmental agencies (e.g., district attorneys, law enforcement, CASA workers, collection agencies, process servers, bondsmen, jurors, witnesses, etc.) may be allowed to access and use the OUCMS to E-File Documents, submit Documents with E-Signatures, send and receive funds, transfer data, or conduct other business, at the discretion of, and in the manner prescribed by the Administrative Office of the Courts. Any individual or entity authorized to use the OUCMS pursuant to this paragraph is deemed to be a Registered User subject to all requirements set forth in these Rules, if applicable. See Rules 2(q) and 9.
Rule 15. Personal Identifiers.
With regard to Documents which contain personal identifiers, Filers shall follow the guidelines set forth in Rule 31 of the Rules for the District Courts of Oklahoma, 12 O.S.2011, Ch. 2, App., if applicable.
Rule 16. Sealed Documents.
a. General Rule. A Registered User may request a court to seal a Document or to issue a protective order in the same manner as prescribed by statute or court rule for sealing or protecting a paper copy of the same Document. Before a Document can be filed under seal, a Registered User must obtain a court order authorizing such filing. The Filer shall not E-File a Document through the OUCMS while a request for an order sealing that Document is pending. E-Filing a Document before a court order sealing it is granted may result in the Document being viewable as a public record. This rule does not apply to Documents filed in confidential case types which are not publically available (e.g., juvenile, adoption, mental health, etc.).
b. Process. Documents which have been withheld, removed, or sealed from the public record pursuant to court order shall be electronically filed as sealed Documents through the OUCMS.
1. If an E-Document has been ordered sealed, the first page or cover page of any Document filed pursuant to that order must contain the style of the case a signature block with E-Signature of the Filer, and must contain the following statement:
"This document is confidential and was sealed by ______________________ (court filing the order) on __________ (date order was filed). Review of and access to this document is prohibited except by prior court order. If you are not authorized to view or retrieve this document, read no further on this page. You should contact the following person: __________________ (filer's name, firm name if applicable, address, telephone number and email address).
2. No other information should appear on the cover page.
PART II. FORMS
Form No. 1. Notice Regarding Attachments/Appendices
[Case Caption]
Notice Regarding Attachments/Appendices
______________________________ [Describe document, e.g., the map] that is an attachment/appendix ________ to _____________________________, which was e-filed on ________________, is of such size, content, or form that it could not be scanned and e-filed and is therefore being filed with the [District Court Clerk] [Clerk of the Appellate Court] in its original form. I certify that a copy of this notice and the attachment/appendix will this date be served on counsel for each party to the case.
Dated this ________ day of ____________, 20____.
s/[Name of Filing Party]
Bar Number
Address
City, State, Zip Code
Phone: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
E-mail: xxx@xxx.xxx