Oklahoma § 12-990.2 - Time for appeal - Effect of post-trial motions

§ 12-990.2. Time for appeal - Effect of post-trial motions

A. Post-Trial Motions Filed Within Ten (10) Days. When a posttrial motion for a new trial, for judgment notwithstanding the

verdict, or to correct, open, modify, vacate or reconsider a

judgment, decree or final order, other than a motion only involving

costs or attorney fees, is filed within ten (10) days after the

judgment, decree or final order is filed with the court clerk, an

appeal shall not be commenced until an order disposing of the motion

is filed with the court clerk. The unsuccessful party may then

appeal from the order disposing of the motion within thirty (30)

days after the date such order was filed. If the decision on the

motion was against the moving party, the moving party may appeal

from the judgment, decree or final order, from the ruling on the

motion, or from both, in one appeal, within thirty (30) days after

the filing of the order disposing of the motion. Successive appeals

from the original judgment, decree or final order and the order

disposing of the motion shall not be allowed.

B. Post-Trial Motions Filed After Ten (10) Days. The time to

appeal from a judgment, decree or final order is not extended or

affected by the filing of a motion to correct, open, modify, vacate

Oklahoma Statutes - Title 12. Civil Procedure

or reconsider the judgment, decree or final order that is filed more

than ten (10) days after the judgment, decree or final order is

filed with the clerk of the trial court, and an appeal that is

commenced before such a motion is filed is not premature. If the

motion is filed after a petition in error is filed, the moving party

shall advise the Supreme Court the motion was filed. If a petition

in error is filed after such a motion is filed, the appellant shall

advise the Supreme Court in the petition in error that the motion is

pending. When the trial court disposes of the motion where a

petition in error has been filed, the successful party shall advise

the Supreme Court of the action taken on the motion.

C. If the appellant did not prepare the judgment, decree, or

final order, and Section 696.2 of this title required a copy of the

judgment, decree, or final order to be mailed to the appellant, and

the court records do not reflect the mailing of a copy of the

judgment, decree, or final order to the appellant within three (3)

days, exclusive of weekends and holidays, after the filing of the

judgment, decree, or final order, all times referred to in this

section shall run from the earliest date on which the court records

show that a file-stamped copy of the judgment, decree, or final

order was mailed to the appealing party, rather than from the date

of filing.

D. Costs and Attorney Fees. The filing of a motion for costs

or attorney fees shall not extend or affect the time to appeal.

Added by Laws 1993, c. 351, § 19, eff. Oct. 1, 1993. Amended by

Laws 1997, c. 102, § 6, eff. May 1, 1997; Laws 2004, c. 181, § 4,

eff. Nov. 1, 2004.