Oklahoma § 12-990A - Appeal to Supreme Court by filing petition in error Rules - Record on appeal - Premature appeal - Designation of record

§ 12-990A. Appeal to Supreme Court by filing petition in error Rules - Record on appeal - Premature appeal - Designation of record

A. An appeal to the Supreme Court of Oklahoma, if taken, must

be commenced by filing a petition in error with the Clerk of the

Supreme Court of Oklahoma within thirty (30) days from the date a

judgment, decree, or appealable order prepared in conformance with

Section 696.3 of this title is filed with the clerk of the trial

court. 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 served upon the

Oklahoma Statutes - Title 12. Civil Procedure

appellant, and the court records do not reflect the service 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 served upon the appellant.

B. The filing of the petition in error may be accomplished

either by delivery or mailing by certified or first-class mail,

postage prepaid, to the Clerk of the Supreme Court. The date of

filing or the date of mailing, as shown by the postmark affixed by

the post office or other proof from the post office of the date of

mailing, shall constitute the date of filing of the petition in

error. If there is no proof from the post office of the date of

mailing, the date of receipt by the Clerk of the Supreme Court shall

constitute the date of filing of the petition in error.

C. The Supreme Court shall provide by rule, which shall have

the force of statute, and be in furtherance of this method of

appeal:

1. For the filing of cross-appeals;

2. The procedure to be followed by the trial courts or

tribunals in the preparation and authentication of transcripts and

records in cases appealed under this act; and

3. The procedure to be followed for the completion and

submission of the appeal taken hereunder.

D. In all cases the record on appeal shall be complete and

ready for filing in the Supreme Court within the time prescribed by

rule.

E. Except for the filing of a petition in error as provided

herein, all steps in perfecting an appeal are not jurisdictional.

F. 1. If a petition in error is filed before the time

prescribed in this section, it shall be dismissed as premature;

however, if the time to commence the appeal accrues before the

appeal is dismissed, the appellant may file a supplemental petition

in error, without the payment of any additional costs. Such

supplemental petition in error shall state when the time for

commencing the appeal began and shall set out all matters which have

occurred since the filing of the original petition in error and

which should be included in a timely petition in error. When a

proper supplemental petition in error is filed, the appeal shall not

be dismissed on the ground that it was premature.

2. If an appeal is dismissed on the ground that it was

premature, the appellant may file a new petition in error within the

time prescribed in this section for filing petitions in error or

within thirty (30) days after notice is mailed to the parties which

states that the appeal was dismissed on the ground that it was

premature, whichever date is later. A notice that an appeal was

Oklahoma Statutes - Title 12. Civil Procedure

dismissed on the ground that it was premature shall include the date

of mailing and the ground for dismissal.

G. 1. No designation of record shall be accepted by the

district court clerk for filing unless it contains one of the

following:

a.

where a transcript is designated: A signed

acknowledgment from the court reporter who reported

evidence in the case indicating receipt of the request

for transcript, the date received, and the amount of

deposit received, if applicable, in substantially the

following form: I, ________, court reporter for the

above-styled case, do hereby acknowledge this request

for transcript on this ____ day of____, 20__, and have

received a deposit in the sum of $____., or

b.

where a transcript is not designated: A signed

statement by the attorney preparing the designation of

record stating that a transcript has not been ordered

and a brief explanation why, in substantially the

following form: I, ________, attorney for the

appellant, hereby state that I have not ordered a

transcript because:

(1) a transcript is not necessary for this appeal, or

(2) no stenographic reporting was made.

2. No counter-designation of record shall be accepted by the

district court clerk for filing unless it contains one of the

following:

a.

where additional transcript is designated: A signed

acknowledgment from the court reporter who reported

evidence in the case indicating receipt of the request

for transcript and the date received, in substantially

the following form: I, ________, court reporter for

the above-styled case, do hereby acknowledge this

request for transcript on this ____ day of____, 20__.,

or

b.

where no additional transcript is designated: A

signed statement by the attorney preparing the

designation of record stating that a transcript has

not been ordered and a brief explanation why, in

substantially the following form: I, ________,

attorney for the appellant, hereby state that I have

not ordered a transcript because:

(1) no additional transcript is necessary for this

appeal, or

(2) no stenographic reporting was made.

Added by Laws 1991, c. 251, § 15, eff. June 1, 1991. Amended by

Laws 1993, c. 351, § 18, eff. Oct. 1, 1993; Laws 1994, c. 343, § 5,

eff. Sept. 1, 1994; Laws 1997, c. 102, § 7, eff. May 1, 1997; Laws

Oklahoma Statutes - Title 12. Civil Procedure

2002, c. 468, § 6, eff. Nov. 1, 2002; Laws 2011, c. 13, § 1, eff.

Nov. 1, 2011; Laws 2017, c. 147, § 1, eff. Nov. 1, 2017.