In re Amendments to Okla. Supreme Court Rules

• Decision Date: 01 July 2013
• Citation: 2013 OK 67
• Parties: IN RE AMENDMENTS TO OKLAHOMA SUPREME COURT RULES
• Court: Oklahoma Supreme Court

2013 OK 67

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 Oklahoma Supreme Court Rules, Okla. Stat. tit. 12, ch. 15, app. 1, by the following vote:

CONCUR: Colbert, C.J., Reif, V.C.J., Watt, Winchester, Taylor, Edmondson, Combs, JJ.

NOT VOTING: Kauger, Gurich, JJ.

These amendments are effective August 1, 2013.

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

CHIEF JUSTICE

Oklahoma Supreme Court Rule

RULE 1.1 – TITLE, CITATION, SCOPE, EFFECTIVE DATE OF RULES AND UNSETTLED PROCEDURE

(a) Title and Citation. These rules shall be known as the Oklahoma Supreme Court Rules, and may be cited "Okla.Sup.Ct.R. [Rule Number]."

(b) Scope and Effective Date. These rules govern proceedings in the Oklahoma Supreme Court and in the Oklahoma Court of Civil Appeals. These rules also have application to certain proceedings in lower tribunals which are incident to appeal or review from decisions of such tribunals.

The rules of general application, Part I of these Rules, shall apply to all proceedings before the Court of Civil Appeals and the Supreme Court.

These rules shall govern all proceedings commenced in the Oklahoma Supreme Court on and after January 1, 1997. In proceedings pending on the effective date, the parties shall comply with these rules to the extent possible.

(c) Unsettled Procedure. Any point of practice or procedure which stands unsettled by statutory or decisional law and is not specifically addressed by these rules will be resolved by the Supreme Court as the orderly administration of legal process may require.

(d) Review of Online District Court Dockets. The court may review information found on Oklahoma district court appearance dockets posted on the World Wide Web, such as on www.oscn.net or www.odcr.com, or on the Oklahoma Unified Case Management System (OUCMS) in order to enhance the court's ability to inquire into and protect its jurisdiction. The court's present-day capacity to conduct an exploratory review of district court records does not diminish one iota the parties' duty to provide for this court an adequate record for corrective relief by appeal or otherwise to comply with these Rules.

(e) Electronic Filing, Service, and Signature.

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

(2) 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/or any other applicable statute or court rule.

(3) Electronic Signature. 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. Pleadings, motions, affidavits, 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 and/or other applicable court rule or statute.

(4) Hard Copies of Electronically Filed Documents. Whenever these rules require an original and specific number of copies to be filed or delivered to the court clerk, the number of copies in addition to the original, if any, required by the Rules for Electronic Filing in the Oklahoma Courts shall suffice when filing electronically.

(5) 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 or amendmentsof those rules as the Supreme Court may approve from time to time.

RULE 1.2 – EFFECT OF FAILURE TO COMPLY WITH RULES AND ORDERS

Compliance with these Oklahoma Supreme Court Rrules and the Rules for Electronic Filing in the Oklahoma Courts is required. In case of failure to comply with any rule or order of the Court, the Court may continue or dismiss a cause, reverse or affirm the judgment appealed, render judgment, strike a filing, assess costs or take any other action it deems proper.

RULE 1.3 – COMPUTATION OF TIME

In computing any time period as prescribed by these rules the first day shall be excluded and the last included to complete the period. When the last day of the period so computed falls on a day when the court clerk's office at which the act is to be performed or the instrument is to be filed is not open during the full business day (until 4:00 p.m.), the period shall stand extended to include the next ensuing full business day. 12 O.S.Supp.1998 § 2006. The additional time of three (3) days granted by 12 O.S.Supp.1998 § 2006(D) is not applicable to the time periods described in these rules, except that the three day period will apply in computing the time to file a post-trial motion in district court after having been served with the judgment, decree or final order by mail as prescribed in 12 O.S.Supp.1998 § 990.2(C). When the period of time prescribed or allowed is less than eleven (11) days, intermediate legal holidays and any other day when the office of the Supreme Court Clerk does not remain open for business until the regularly scheduled closing time, shall be excluded from the computation.

RULE 1.4 – SUPREME COURT CLERK, FILINGS, MAILING, COPIES, AND NOTICE TO PARTIES

(a) Supreme Court Clerk.

All briefs, motions, and other papers are to be filed with the Clerk of the Supreme Court. The Clerk of the Supreme Court shall serve ex officio as Clerk of the Court of Civil Appeals. See Rule 1.172.

The Clerk shall not allow an original opinion to be removed from the Office of the Clerk. The Clerk shall not allow an original motion, pleading, or record to be taken from the Office of the Clerk without an order of the Court or one of the Justices thereof.

(b) Filings.

(1) Form. The pages of all filings shall be numbered unless excused by a specific rule herein. The forms provided by Rule 1.301 shall be used when applicable.

(2) Time for Filing. Except for petitions in error, petitions for review, and petitions for certiorari mailed in conformance with Rule 1.4(c), all briefs, motions, petitions, and other papers shall be deemed filed on the date of receipt by the Clerk of the Supreme Court during regular office hours, Monday through Friday between 8:00 A.M. and 5:00 P.M., state holidays excluded., at the State Capitol. Any documents which are electronically filed after 5:00 P.M. will be deemed filed the next business day.

(c) Petition in Error, Petition for Review of an Order of the Workers' Compensation Court, Petition for Certiorari to the Court of Civil Appeals, Costs, and Mailing.

A petition in error, petition for review, or petition for certiorari may be filed either by delivery to the Clerk of the Supreme Court, or by deposit with the United States Postal Service, or by delivery with a third party commercial carrier, and addressed to the Clerk of the Supreme Court, Oklahoma Judicial Center, 2100 Room B-2, State Capitol Bldg., 2300 N. Lincoln Boulevard, Suite 4, Oklahoma City, OK, 73105, or Clerk of the Supreme Court, P.O. Box 53126, Oklahoma City, OK 73152. See Rule 1.4(e). When a petition is delivered to the Clerk for filing it must be delivered at the Office of the Clerk of the Supreme Court during regular office hours, Monday through Friday between 8:00 A.M. and 5:00 P.M., state holidays excluded, at the State Capitolor as provided in the Rules for Electronic Filing in the Oklahoma Courts.

When a petition is delivered to the Clerk by the United States Postal Service, the date of mailing as shown by the postmark or other proof from the post office, such as the date stamped by the post office upon a certified mail receipt, will be deemed to be the date of filing the petition. Whitehead v. Tulsa Public Schools, 1998 OK 71, 968 P.2d 1211. When a petition is mailed through the United States Postal Service, a postmark date from a privately owned postage meter or commercial postage meter label will not suffice as proof of the date of mailing and, in the absence of other proof of date of mailing from the United States Postal Service, a document bearing only such a postmark will be deemed filed upon date of delivery to the Clerk. The Court may require the party or person who mailed a petition to the court to provide proof from the United States Postal Service showing date of mailing.

When a petition is delivered to the Supreme Court Clerk by a third-party commercial carrier, the petition must be received by the carrier from the party on or before the last day the petition may be timely filed with the Clerk. The party must require the third-party commercial carrier to deliver the petition , and the petition must be received by the carrier for delivery to the Supreme Court Clerk within three calendar days. The date the third-party commercial carrier receives the petition for

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