Oklahoma § 22-1088.1 - Post-conviction relief applications - Reasonable

§ 22-1088.1. Post-conviction relief applications - Reasonable

inquiry - Sanctions.

Oklahoma Statutes - Title 22. Criminal Procedure

A. By presenting to the court, whether by signing, filing,

submitting, or later advocating, a pleading, written motion or other

papers regarding an application for post-conviction relief an

attorney or unrepresented party is certifying that to the best of

the person's knowledge, information, and belief, formed after an

inquiry reasonable under the circumstances:

1. It is not being presented for any improper purpose, such as

to harass or to cause unnecessary delay or needless increase in the

cost of litigation;

2. The claims and other legal contentions therein are warranted

by existing law or by a nonfrivolous argument for the extension,

modification, or reversal of existing law or the establishment of

new law; and

3. The allegations and other factual contentions have

evidentiary support or, if specifically so identified, are likely to

have evidentiary support after a reasonable opportunity for further

investigation or discovery.

B. If, after notice and a reasonable opportunity to respond,

the Court of Criminal Appeals determines that this section has been

violated, the court may impose an appropriate sanction upon the

attorneys, law firms, or parties that have violated this section.

The Court of Criminal Appeals may adopt and publish rules to

implement this section.

Added by Laws 1995, c. 256, § 3, eff. Nov. 1, 1995.