In re Amendments to Okla. Supreme Court Rules

• Decision Date: 01 July 2013
• Citation: 2013 OK 68
• Parties: In re Amendments to Oklahoma Supreme Court Rules
• Court: Oklahoma Supreme Court

2013 OK 68

In re Amendments to Oklahoma Supreme Court Rules

SUPREME COURT OF THE STATE OF OKLAHOMA

Decided: July 1, 2013

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 Rules for District Courts of Oklahoma, Okla. Stat. tit. 12, ch. 2, app., by the following vote:

ALL JUSTICES CONCUR

These amendments are effective August 1, 2013.

DONE BY ORDER OF THE SUPREME COURT this 1^st day of July, 2013.

CHIEF JUSTICE

Rules for District Courts of Oklahoma – Title 12, Chap. 2, App.

Rule 1. Effect of Code on Pending Actions.

The Oklahoma Pleading Code governs all proceedings in actions pending on the day that it takes effect, except to the extent in the opinion of the court its application in a particular action would not be feasible or would work injustice, in which event the former procedure applies. Pleadings, motions and other instruments that were filed prior to the effective date of the Code and that were sufficient at the time they were filed shall continue to be effective after the Code takes effect, and if at the time the Code takes effect a party is required to file or serve a pleading or motion to take other action, the time to take such action shall not be shortened by any provision of the Code, Although an action is commenced before the effective date of the Code, Section 2011 in regard to the signing of pleadings and motions shall apply to all pleadings and motions that are served or filed on or after the effective date of the Code, and Section 2013A in regard to compulsory counterclaims shall apply to all answers, answers to cross-claims, answers to third-party claims and answers to claims asserted by plaintiffs against third-party defendants that are served or filed on or after the effective date of the Code.

Rule 2. Service and Proof of Service

a. The person serving the process shall state in his proof the name of the person served and the date, place and method of service. See 12 O.S. § 2004G.

b. (i) Defendants, third-party defendants and persons who are joined as parties to an action shall file their responsive pleading with the court clerk and serve copies on all opposing parties within 20 days after being served with process unless the time is extended by the service and filing of a motion or by the entry of an appearance, and they shall serve copies of their responsive pleading promptly thereafter on all other parties to the action. When a summons and petition are served by mail, a defendant shall serve his responsive pleadings within twenty (20) days after the date of receipt or, if service has been refused, then within twenty (20) days after the date acceptance was refused. Except as otherwise provided by statute or an order of the court, subsequent pleadings and all motions and other instruments shall be served on the opposing party within the prescribed time, and either before or promptly thereafter copies of the pleading shall be filed with the court clerk and served on all other parties to the action. This provision applies to amended pleadings except that an amendment that is made because a pleading failed to show a right to relief shall be filed with the court clerk within the time prescribed by the court, and either before or promptly thereafter copies of the amended pleading shall be served on all parties to the action. 12 O.S. § 2012G.

(ii) Except where a pleading is served with a summons, service of a pleading, motion or other instrument on a party shall be made by service on his attorney of record where there is one. 12 O.S. § 2005A and B.

(iii) Where service of a pleading, motion or other instrument is made by delivery, the delivery shall be performed by any person who is 18 years of age or older. Proof of service, whether made by delivery or mail, shall be made by the certificate of an attorney of record, or if made by any other person, by the affidavit of such person. Such certificate or affidavit shall set forth the name of the person served and the date, place and method of service, and it shall be filed with the court clerk or it shall be endorsed upon the pleading, motion or instrument that is filed with the clerk. The provisions of this paragraph do not apply to the service of a summons or the pleading that is served with the summons.

Rule 2.1. Electronic Filing, Service, and Signature

a. Electronic Filing. Whenever these rules require a pleading, motion, document, or other instrument to be filed or delivered to the court clerk, such requirement may be satisfied by electronic filing as authorized by the Rules for Electronic Filing in the Oklahoma Courts, and any other applicable statute or court rule. 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 of those rules as the Supreme Court may approve from time to time.

b. 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 any other applicable statute or court rule.

c. Electronic Signature.

1. 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.

2. Pleadings, motions, affidavits, waivers, 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 or other applicable court rule or statute. Waivers or other instruments which are signed and witnessed may be electronically filed in the same manner as notarized documents. The filer shall retain the original document, or other evidence of the original signature(s), for future production.

Rule 3. Objections to service and venue

Objections to the jurisdiction of the court over the person, to the issuance or service of the summons or to the venue of the action are waived and a party submits himself to the jurisdiction of the court if he asks for affirmative relief on a claim which is asserted in a permissive counterclaim, in a crossclaim, or in a third-party petition. The assertion of a compulsory counterclaim against a plaintiff does not waive any of the above objections.

Rule 4. Motions

a. Where various objections and defenses have been consolidated pursuant to Section 2012(E) of Title 12, Oklahoma Statutes, the court should hear jurisdictional objections and defenses first. If the court grants a motion on one of the grounds stated therein, the court may pass over other grounds. If an amendment is filed, the adverse party may renew any ground that was passed over and may object to defects in the amended pleading which did not exist in the initial pleading.

b. In a motion a party must specifically state the grounds therefor and the relief or order sought even where the party relies on defects or deficiencies apparent on the face of the pleading, motion or other instrument.

c. Motions raising fact issues shall be verified by a person having knowledge of the facts, if possible; otherwise, a verified statement by counsel of what the proof will show will suffice until a hearing or stipulation can be provided.

Every motion shall be accompanied by a concise brief or a list of authorities upon which movant relies. Unless the court directs otherwise, neither a brief nor a list of authorities shall be required with respect to any of the following motions:

(1) Motions for extensions of time, if the request is made before expiration of the time period originally prescribed, or as extended by previous orders,

(2) Motions to continue a hearing, pretrial conference or trial,

(3) Motions to amend pleadings or file supplemental pleadings,

(4) Motions to appoint a guardian ad litem,

(5) Motions for physical or mental examinations,

(6) Motions to add or substitute parties,

(7) Motions to enter or vacate default judgments,

(8) Motions to confirm sales,

(9) Motions to stay proceedings to enforce judgments,

(10) Motions to shorten a prescribed time period, and

(11) Motions for scheduling conferences and other settings.

d. If the motion does not comply with the requirements of b and c above, the motion may be denied without a hearing, and if a responsive pleading is required, the moving party shall serve any pertinent responsive pleading within twenty (20) days after notice of the court's action. Motions not requiring briefs shall state whether opposing parties agree or object to the request and shall be accompanied by a proposed order granting the relief requested. If there are no opposing parties, or if they cannot be reached, the movant shall so state with particularity. The proposed order shall be served together with the motion upon all parties in the matter. Objections to motions not requiring briefs shall be served and filed within fifteen (15) days after service of the motion or the motion may be deemed confessed.

e. Any party opposing a motion, except those enumerated in Section c above, shall serve and file a brief or a list of authorities in opposition within fifteen (15) days after service of...