In re Rules1.5 & 1.200 of The Okla. Supreme Court Rules
| Decision Date | 27 June 2022 |
| Docket Number | 2022 OK 70 |
| Citation | 2022 OK 70 |
| Parties | IN RE AMENDMENT OF RULES 1.5 AND 1.200 OF OKLAHOMA SUPREME COURT RULES |
| Court | Oklahoma Supreme Court |
¶1 Rules 1.5 and 1.200 are hereby amended as shown on the attached Exhibits "A & B". The amended rule shall be effective July 1, 2022.
¶2 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE this 27th day of JUNE, 2022.
ALL JUSTICES CONCUR.
Oklahoma Statutes Citationized Title 12. Civil Procedure
Appendix 1 - Oklahoma Supreme Court Rules
Article Part I. Rules of General Application Section
RULE 1.5 - APPEARANCE, WITHDRWAL, AND CHANGE OF ADDRESS RULE 1.5 - APPEARANCE, WITHDRAWAL, AND CHANGE OF ADDRESS
(a) Entry of Appearance. All parties to any proceeding in the appellate courts shall immediately, but no later than filing the first document in the appellate court, file an Entry of Appearance on the forms set forth in Rule 1.301, by counsel or an unrepresented party representing himself or herself. Copies shall be served on all other parties. Attorneys shall use the form prescribed by Rule 1.301 Form No. 1, and parties representing themselves shall use the form prescribed by Rule 1.301 Form No. 2. An original and two (2) copies of the Entry of Appearance shall be filed with the Clerk of the Supreme Court.
(b) Corporate entities including corporations and limited liability companies that are parties to actions in the Supreme Court or Court of Civil Appeals shall be allowed to proceed only if represented by counsel licensed to practice law. Regardless of the practice permitted in the trial court or administrative agency, an unlicensed individual, cannot enter an appearance or represent any corporate entity in a case before the Supreme Court or the Court of Civil Appeals. Failure to secure licensed counsel to represent a corporate entity in any proceeding in any appellate court proceeding will result in dismissal of the case or a bar to participate in the proceeding, including striking filings from the record. See, e.g., Massongill v. McDevitt, 1989 OK CIV APP 82, ¶4, 828 P.2d 438.
(c) All motions of counsel not licensed to practice in this state to appear as counsel of record in a case before the Supreme Court or the Court of Civil Appeals must comply with the requirements of 5 O.S., App. 1, Art. 2, § 5, Rules Creating and Controlling the Oklahoma Bar Association. The statement required by Article 2 § 5 shall be in the form of an affidavit attached to the motion. The motion shall show that the requirements of Article 2 § 5 are fulfilled. The required entry of appearance of the associate attorney shall be filed with the motion and affidavit.
(d) (b) Withdrawal of Counsel. A motion to withdraw may be filed at any time. However, unless successor counsel enters an appearance, leave of Court must be obtained for withdrawal. The Court will consider and may grant a motion to withdraw where there is no successor counsel only if the withdrawing attorney clearly states in the body of the motion the name and address of the party and that notice of the motion was given to the party.
(e) (c) Notice of Change of Address. All attorneys and parties representing themselves shall give immediate notice to the Clerk of the Supreme Court of a change of address, including email address, if applicable using the form prescribed by Rule 1.301 Form No. 3. The notice of change of address shall be served on all parties. If an attorney or a party representing himself or herself files an entry of appearance, the Court will assume the correctness of the last address of record, as defined in section (f) (d), or in the absence of such address change the address stated in the entry of appearance until a notice of change of address is received.
(f) (d) Address of Record. The address of record, including email address, if applicable, for any attorney or party appearing in a case pending before the Supreme Court, Court of Civil Appeals, or Court of Tax Review, shall be the last address provided to the court. The attorney or party representing himself or herself must, in all cases pending before the court involving the attorney or party, file with the court and serve upon all counsel and parties representing themselves a notice of a change of address. An address change made pursuant to this rule shall apply to all cases pending before the Supreme Court, Court of Civil Appeals, and the Court of Tax Review. The attorney or party representing himself or herself has the duty of maintaining a current address with the courts.
Oklahoma Statutes Citationized
Title 12. Civil Procedure
Appendix 1 - Oklahoma Supreme Court Rules
Article Part I. Rules of General Application
Section RULE 1.5 - APPEARANCE, WITHDRWAL, AND CHANGE OF ADDRESS
RULE 1.5 - APPEARANCE, WITHDRAWAL, AND CHANGE OF ADDRESS
(a) Entry of Appearance. All parties to any proceeding in the appellate courts shall immediately, but no later than filing the first document in the appellate court, file an Entry of Appearance on the forms set forth in Rule 1.301, by counsel or an unrepresented party representing himself or herself. Copies shall be served on all other parties. Attorneys shall use the form prescribed by Rule 1.301 Form No. 1, and parties representing themselves shall use the form prescribed by Rule 1.301 Form No. 2. An original and two (2) copies of the Entry of Appearance shall be filed with the Clerk of the Supreme Court.
(b) Corporate entities including corporations and limited liability companies that are parties to actions in the Supreme Court or Court of Civil Appeals shall be allowed to proceed only if represented by counsel licensed to practice law. Regardless of the practice permitted in the trial court or administrative agency, an unlicensed individual, cannot enter an appearance or represent any corporate entity in a case before the Supreme Court or the Court of Civil Appeals. Failure to secure licensed counsel to represent a corporate entity in any proceeding in any appellate court proceeding will result in dismissal of the case or a bar to participate in the proceeding, including striking filings from the record. See, e.g., Massongill v. McDevitt, 1989 OK CIV APP 82, ¶4, 828 P.2d 438.
(c) All motions of counsel not licensed to practice in this state to appear as counsel of record in a case before the Supreme Court or the Court of Civil Appeals must comply with the requirements of 5 O.S., App. 1, Art. 2, § 5, Rules Creating and Controlling the Oklahoma Bar Association. The statement required by Article 2 § 5 shall be in the form of an affidavit attached to the motion. The motion shall show that the requirements of Article 2 § 5 are fulfilled. The required entry of appearance of the associate attorney shall be filed with the motion and affidavit.
(d) (b) Withdrawal of Counsel. A motion to withdraw may be filed at any time. However, unless successor counsel enters an appearance, leave of Court must be obtained for withdrawal. The Court will consider and may grant a motion to withdraw where there is no successor counsel only if the withdrawing attorney clearly states in the body of the motion the name and address of the party and that notice of the motion was given to the party.
(e) (c) Notice of Change of Address. All attorneys and parties representing themselves shall give immediate notice to the Clerk of the Supreme Court of a change of address, including email address, if applicable using the form prescribed by Rule 1.301 Form No. 3. The notice of change of address shall be served on all parties. If an attorney or a party representing himself or herself files an entry of appearance, the Court will assume the correctness of the last address of record, as defined in section (f) (d), or in the absence of such address change, the address stated in the entry of appearance until a notice of change of address is received.
(f) (d) Address of Record. The address of record, including email address, if applicable, for any attorney or party appearing in a case pending before the Supreme Court, Court of Civil Appeals, or Court of Tax Review, shall be the last address provided to the court. The attorney or party representing himself or herself must, in all cases pending before the court involving the attorney or party, file with the court and serve upon all counsel and parties representing themselves a notice of a change of address. An address change made pursuant to this rule shall apply to all cases pending before the Supreme Court, Court of Civil Appeals, and the Court of Tax Review. The attorney or party representing himself or herself has the duty of maintaining a current address with the courts.
EXHIBIT B
Oklahoma Statutes Citationized
Title 12. Civil Procedure
Appendix 1 - Oklahoma Supreme Court Rules
Article Part VII. Manner and Form of Opinions in the Appellate Courts
Section RULE 1.200 - OPINIONS OF THE SUPREME COURT AND THE COURT OF CIVIL APPEALS
12 O.S. Appendix 1, Oklahoma Supreme Court Rules
Rule 1.200 - OPINIONS OF THE SUPREME COURT AND THE COURT OF CIVIL APPEALS
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