In re Amendments to the Oklahoma Supreme Court Rules, and Rules on Administration of Courts

In re Amendments to the Oklahoma Supreme Court Rules, and Rules on Administration of Courts
1997 OK 54
Case Number: SCAD-97-4
Decided: 04/29/1997
Supreme Court of Oklahoma

ORDER

¶1 Oklahoma Supreme Court Rules 1.11, 1.200, 1.175, 1.179 and 1.28, 1.34, 1.301, Form No. 12, 12 O.S. Ch. 15, App. 1, and Rule 9 of the Rules on Administration of Courts, 20 O.S.Ch. 1, App. 2. shall be amended as follows:

I. Oklahoma Supreme Court Rule 1.11(l) shall be amended to:

(l) Citation to Authority.

The citation to opinions of the Oklahoma Supreme Court and the Oklahoma Court of Civil Appeals shall be in accordance with Rule 1.200(c), (d) and (e). The citation of other authorities shall be to the volume and page of the National Reporter System, if applicable, or to some selected case system, if practical. Where a decision cited in the brief is not included in the National Reporter System a copy may be included in an appendix to the brief. See Rules 1.11(i)(1) and 1.191(d). Citations to decisions of the United States Supreme Court shall be to the official reporter, the United States Reports, and may also include parallel citations to other reporters, or to some selected case system, if practical.

II. Oklahoma Supreme Court Rule 1.200 shall be amended to:

RULE 1.200 OPINIONS OF THE SUPREME COURT AND THE COURT OF CIVIL APPEALS

(a) Memorandum Opinions.

An opinion shall be prepared in memorandum form unless it:

(1) Establishes a new rule of law or alters or modifies an existing rule;

(2) Involves a legal issue of continuing public interest;

(3) Criticizes or explains existing law;

(4) Applies an established rule of law to a factual situation significantly different from that in published opinions of the courts of this state;

(5) Resolves an apparent conflict of authority; or

(6) Constitutes a significant and non-duplicative contribution to legal literature:

(a) by an historical review of law; or

(b) by describing legislative history.

(b) Publication of Memorandum Opinions and Unpublished Opinions.

(1) Opinions shall be published in the official reports and on the Oklahoma Supreme Court World Wide Web site only when they satisfy the standards set out in this rule. Disposition by memorandum, without a formal published opinion, does not mean that the case is considered unimportant. It does mean that no new points of law making the decision of value as precedent are believed to be involved. A memorandum opinion shall not be published unless it is ordered to be published by the Supreme Court.

(2) A party or other interested person who believes that an opinion of either the Supreme Court or Court of Civil Appeals which has not been designated by the Court for publication has substantial precedential value may file a motion in the Supreme Court asking that it be published. The motion shall state the grounds for such belief, shall be accompanied by a copy of the opinion, and shall comply with Rule 1.6.

(3) Regardless of the foregoing, no opinion superseded by an opinion on rehearing shall be published in the official reports. An opinion that is modified on rehearing shall be published as modified if it otherwise meets the standards of this rule.

(4) An opinion shall be published only if the majority of the justices or judges participating in the decision find that one of the standards set out in this rule is satisfied. Concurring and dissenting opinions shall be published only if the majority opinion is published.

(5) All memorandum opinions, unless otherwise required to be published, shall be marked: "Not for Official Publication." Because unpublished opinions are deemed to be without value as precedent and are not uniformly available to all parties, opinions so marked shall not be considered as precedent by any court or cited in any brief or other material presented to any court, except to support a claim of res judicata, collateral estoppel, or law of the case. Opinions marked Not For Official Publication shall not be published in the unofficial reporter, nor on the Supreme Court World Wide Web site, nor in the official reporter.

(6) An opinion designated For Publication in O.B.J. Only shall be published in the unofficial reporter and on the Supreme Court World Wide Web site. Such an opinion shall not be published in the official reporter. An opinion designated For Publication in O.B.J. Only shall not be considered as precedent.

(7) Disposition of cases by the Oklahoma Supreme Court in which there is no published opinion will be reported in the Oklahoma Bar Journal by brief reference to the case and the decision reached therein on appeal. The opinion in the matter shall not be published in the Oklahoma Bar Journal, or the official reporter, or on the Supreme Court World Wide Web site. The decision and reference may be published on the Oklahoma Supreme Court Web site as a Disposition of Cases Other Than by Published Opinion. The decision and reference shall not be in paragraph citation form and shall not be considered as precedential.

(8) Disposition of cases by the Oklahoma Court of Civil Appeals in which there is no published opinion will be reported in the Oklahoma Bar Journal by brief reference to the case and the decision reached therein on appeal. The decision and reference shall not be in paragraph citation form and shall not be considered as precedential. The Chief Justice of the Oklahoma Supreme Court may designate a procedure for publishing such dispositions on the Supreme Court World Wide Web site.

(c) Effect of Publication of Formal Opinion.

(1) Opinions of the Supreme Court designated For Official Publication when adopted will be published in the unofficial reporter, (Oklahoma Bar Journal), on the Oklahoma Supreme Court World Wide Web site, and published after mandate in the official reporter (Pacific Reporter 2d). Such opinions may not be cited as authority in a subsequent appellate opinion nor may they be used as authority by a trial court until the mandate in the matter has been issued.

(2) Opinions of the Court of Civil Appeals which resolve novel or unusual issues may be designated for publication, at the time the opinion is adopted, by affirmative vote of at least two members of the division responsible for the opinion. Such opinions shall remain unpublished until after mandate issues, after which time they shall be published in the unofficial reporter, (Oklahoma Bar Journal), the Oklahoma Supreme Court World Wide Web site, and in the official reporter (Pacific Reporter 2nd). Such opinions shall bear the notation "Released for publication by order of the Court of Civil Appeals", and shall be considered to have persuasive effect. Any such opinion, however, bearing the notation "Approved for publication by the Supreme Court" has been so designated by the Supreme Court pursuant to 20 O.S.1991 § 30.5, and shall be accorded precedential value. The Supreme Court retains the power to order opinions of the Court of Civil Appeals withdrawn from publication.

(d) Supreme Court World Wide Web Site.

Opinions of the Supreme Court designated for official publication shall be published on the Court's World Wide Web site. They shall be published on the web site when filed with the Clerk of the Supreme Court.

Supreme Court opinions shall contain the following notice: "NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL." Such opinions may not be cited as authority in a subsequent appellate opinion nor may they be used as authority by a trial court until the mandate in the matter has been issued. The date of the effectiveness of opinions in original proceedings is governed by Okla.Sup.Ct.R. 1.193. When opinions published on the web site are modified or withdrawn the text of the opinion shall be deleted and any subsequent opinion in the matter shall be published on the web site if it meets the requirements of Rule 1.200.

Opinions of the Oklahoma Court of Civil Appeals designated for official publication by either the Supreme Court or the Court of Civil Appeals shall be published on the Supreme Court web site. An opinion of the Court of Civil Appeals shall not be published on the web site until mandate has issued in the matter. An opinion of the Court of Civil Appeals published on the web site is governed by Rule 1.200(c)(2) and is accorded precedential value only if it bears the notation "Approved for publication by the Supreme Court".

The Oklahoma Supreme Court may publish on the web site Dispositions by Supreme Court of Petitions for Certiorari. These dispositions shall not be published in the official reporter, and they shall not have a paragraph citation form. A disposition of the Oklahoma Supreme Court that denies a petition for certiorari to the Oklahoma Court of Civil Appeals has no precedential effect. The Supreme Court may also publish lists on mandates issued and any other matter deemed appropriate by the Court.

(e) Citation to Designation by Supreme Court and Reporters.

Published opinions of the Oklahoma Supreme Court promulgated after May 1, 1997 shall bear as an official cite the Oklahoma Supreme Court's paragraph citation form in accordance with this Rule. Opinions of the Oklahoma Court of Civil Appeals that are published after May 1, 1997 shall bear as an official citation form the Oklahoma Supreme Court's paragraph citation form in accordance with this Rule. The numbers of the paragraphs are assigned by the Court. The parallel cite to the official reporter is also required.

The court designation for the Oklahoma Supreme Court is OK when the paragraph citation form is used. The Court designation for the Oklahoma Court of Civil Appeals is "OK CIV APP" for the purposes the Supreme Court paragraph citation form. The court designation for Court of Appeals of Indian Territory is IT when the paragraph citation form is used to cite opinions of that court.

Prior to January 1, 1998 citation to opinions of the Oklahoma Supreme Court and Court of Civil Appeals shall include citations to Pacific and Pacific 2d Reporters. Citation to the Supreme Court's paragraph citation is allowed as a parallel cite, but not required. Effective January 1, 1998, citation to opinions of the Oklahoma Supreme Court shall be as follows:

1. Oklahoma Supreme Court Opinions Promulgated Prior To May 1, 1997.

Opinions promulgated (filed) prior to May 1, 1997 shall be cited by reference to the Pacific and Pacific 2nd Reporters. Parallel citation to the Supreme Court's official paragraph citation form is strongly encouraged for opinions promulgated prior to May 1, 1997. Parallel citation to Oklahoma Reports is allowed. However, parallel citation to Oklahoma Reports shall not be made when the Supreme Court's official paragraph citation form is used.

Examples of permissible citation form for opinions prior to May 1, 1997:

Skinner v. Braum's Ice Cream Store

Skinner v. Braum's Ice Cream Store

Skinner v. Braum's Ice Cream Store

Skinner v. Braum's Ice Cream Store

Skinner v. Braum's Ice Cream Store

Skinner v. Braum's Ice Cream Store

Skinner v. Braum's Ice Cream Store

Skinner v. Braum's Ice Cream Store

Skinner v. Braum's Ice Cream Store

In "Skinner v. Braum's Ice Cream Store, 1995 OK 11, ¶9, 890 P.2d 922" "1995" refers to the year the opinion was promulgated, "OK" is the court designation for the Oklahoma Supreme Court, "11" is the number of the opinion in 1995 assigned to that opinion by the Oklahoma Supreme Court, "¶9" is paragraph number 9 of the opinion as designated by the Supreme Court, and "890 P.2d 922" is the parallel citation to Pacific 2d Reporter.

2.

Opinions promulgated (filed) after May 1, 1997 shall be cited by reference to the Supreme Court's official paragraph citation form. Parallel citation to Pacific 2nd and subsequent Pacific Reporters is required. The parallel cite to Pacific 2d Reporter may include a cite to the specific page of that Reporter if a specific paragraph is cited. When the Supreme Court paragraph citation form is used citation to a footnote need not include the paragraph number where the note occurs in the opinion.

Examples of citation form for post-May 1, 1997 opinions using a pre-May 1, 1997 opinion:

Skinner v. Braum's Ice Cream Store

Skinner v. Braum's Ice Cream Store

Skinner v. Braum's Ice Cream Store

Skinner v. Braum's Ice Cream Store

An opinion cited subsequent to issuance of the mandate therein but prior to official publication shall be cited using the following as an example: Wilkinson v. Dean Witter Reynolds, Inc., 1997 OK 20, P.2d , (mandate issued April 3, 1997).

In a matter where no mandate issues an opinion may be cited prior to official publication when the time to file a petition for rehearing has lapsed and no petition for rehearing was filed. The following is an example: Edwards v. Basel Pharmaceuticals, 1997 OK 22, P.2d , (petition for rehearing not filed).

3. Opinions of the Oklahoma Court of Civil Appeals.

Published opinions of the Oklahoma Court of Civil Appeals promulgated after May 1, 1997 shall be cited by reference to the Supreme Court's official paragraph citation form. Parallel citation to Pacific 2nd Reporters is required. Published opinions prior to May 1, 1997 shall be cited using the Pacific Reporter 2d, and parallel citation to the paragraph citation form is strongly encouraged. Opinions of the Court of Civil Appeals, no matter when published, are subject to the other provisions of Rule 1.200.

The paragraph citation form is also used to designate material in a published opinion where that opinion is supported by less than a majority of the members of the Supreme Court. When material from such an opinion is cited the name of the author, names of any Justices joining the opinion, and the type of opinion must be designated in the cite. For example, to cite paragraph number nine of the dissenting opinion in Edwards v. Basel Pharmaceuticals, 1997 OK 22, P.2d . The correct citation form is: Edwards v. Basel Pharmaceuticals, 1997 OK 22, ¶9, P.2d , (Opala, J., dissenting in part). A footnote of this dissenting opinion is cited thus: Edwards v. Basel Pharmaceuticals, 1997 OK 22, n.12, P.2d , (Opala, J., dissenting in part). A published opinion, or part thereof, of the Supreme Court has no precedential effect unless a majority of the Court have joined therein.

(f) Effective Date.

The policy adopted herein shall be in effect retroactively from and after April 1, 1983. Citation to opinions using the Supreme Court paragraph citation form shall be required after January 1, 1998 in accordance with Rule 1.200(e).

III. Oklahoma Supreme Court Rule 1.175 shall be amended to:

RULE 1.175 DISQUALIFICATION OF JUDGES

The disqualifications prescribed for trial and appellate judges (20 O.S.1991 §§ 30.3, 1401, 1402) shall apply to judges of the Court of Civil Appeals. A judge of the Court of Civil Appeals may disqualify himself or herself on his or her own motion or at the request of a litigant. Motion to disqualify a judge of the Court of Civil Appeals shall be filed with the clerk of the Supreme Court within ten (10) days after the date notice of assignment is mailed to counsel. The motion shall be decided by the division. If the division should refuse to disqualify its judge, the aggrieved party may seek review in the Supreme Court by filing a petition within ten (10) days from the date of the division's order. When a judge is disqualified to hear a case, the records of the division shall so show.

When a Judge of the Court of Civil Appeals has disqualified or recused in a matter the Chief Judge or Vice-Chief Judge of that Court shall assign a Judge of the Court of Civil Appeals to the matter in substitution of the disqualified or recused Judge. When the assignment of Judge to a matter is necessary due to disqualification or recusal and the Chief Judge and Vice-Chief Judge are disqualified or recused in that matter, they shall so certify to the Chief Justice of the Supreme Court and shall not assign another Judge to that matter.

IV. The first sentence of Rule 1.179(c) shall be amended to:

The respondent may file an answer to the petition for certiorari within fifteen days of the date the petition for certiorari was filed.

V. Oklahoma Supreme Court Rule 1.28 shall be amended to:

RULE 1.28 RECORD

(a) All Parties to an Appeal Must Designate a Record.

All parties to an appeal shall file either a designation of record or counter designation of record using Rule 1.301, Form 11.

(b) Designation of Record.

Concurrently with or prior to filing a copy of the petition in error in the trial court, the party desiring to appeal shall mail to the other parties or their counsel and file in the trial court from which the appeal is to be taken, a designation of any pertinent instruments filed in the case and of proceedings and evidence adduced which are sought to be included in the record on appeal. An original and one copy of the designation of record shall be filed in the trial court. If there is designated for inclusion in the record any evidence or proceeding at a trial or hearing which was stenographically reported, an additional copy of the designation shall be given to the court reporter, and the cost of preparing the transcript shall be advanced forthwith by the designating party.

The designation of record shall be made using the form prescribed by Rule 1.301, Form No. 11. Pleadings and other papers filed with the district court clerk in the case shall be designated by either: 1. Circling the document on a copy of the court clerk's appearance docket. If this method is used the appearance docket shall be attached to the designation of record. or 2. Listing the specific pleadings or other papers on the face of the designation of record form. No designation of record which generally includes the entire trial court record shall be filed without order of the Chief Justice.

The record on appeal shall not include the following unless upon order of the trial court or appellate court, or unless the document is specifically drawn in issue by the appeal: subpoenas, summonses, certificates of service, returns and acceptances of service, and procedural motions or orders (e.g., continuances, extensions of time, etc.). Depositions filed but not offered or admitted into evidence must be excluded from the record on appeal. Materials which were not before the trial court at the time of the decision appealed are not properly part of the record on appeal without order of the trial court or the appellate court.

Appellant's designation of record form must contain the certification by the court reporter when a transcript is ordered. See 12 O.S.Supp.1995 § 990A(G).

A copy of appellant's designation of record shall be filed in the Supreme Court at the time the petition in error is filed or at the time the designation of record is filed in the District Court, whichever occurs later. Nothing herein precludes the appellate court from ordering any additional parts of the entire trial court record to be transmitted to the appellate court at any stage of the appeal.

(1) Designation of Record When the Record on Appeal Must be Completed Earlier than Six Months from the Date of Judgment.

When statute or court rule requires completion of the record earlier than six months from the date of judgment the appellant shall file the designation of record within such time as required by statute or rule specific for the appeal. When statute or rule does not specify the time to file the designation of record for such an appeal the designation shall be filed within such time so as to allow the filing of a counter designation and timely preparation of the record. Any party may seek appropriate relief in the trial court to require timely filing of designations of record and timely completion of the record.

(2) County Budget Appeals.

In appeals from a final order of the district court approving or disapproving the setting of a county budget appellant's designation of record shall be filed in the trial court within five days after the date of the judgment. Appellee's counter designation shall be filed within five days after the designation of record is filed.

(3) Deprived Child Appeals.

In an appeal involving deprived or allegedly deprived children appellant's designation of record shall be filed in the trial court within ten days of the date of the order appealed. Appellee's counter designation shall be filed within ten days after the designation of record is filed. 10 O.S.Supp.1995 § 7003-6.4.

(4) Adoption Appeals.

In an appeal concerning the adoption of a child or the termination of parental rights for adoption purposes, appellant's designation of record shall be filed in the trial court within ten days after the date of the judgment. Appellee's counter designation of record shall be filed in the trial court ten days after appellant's designation of record is filed in the trial court. 10 O.S.Supp.1996 § 60.19.

(c) Counter Designation of Record.

All appellees (including counter-appellees and cross-appellees) shall file a counter designation of record in the trial court. The counter designation of record shall be made using the form prescribed by Rule 1.301, Form No. 11. If an appellee does not order transcripts or record in addition to that designated by the appellant the appellee's designation of record shall so state on the counter designation of record form. An original and one copy of the counter designation of record shall be filed in the trial court. If additional portions of the proceedings and evidence are designated, an additional copy of the designation shall be given to the court reporter.

The appellee's (counter-appellee's, cross-appellee's) counter designation of record shall be filed in the trial court within 20 days after appellant's (counter-appellant's or cross-appellant's) designation of record is filed in the trial court. The times to file a counter designation of record in specific appeals are provided by Rule 1.28(b)(1), (2), (3), and (4). A copy of the appellee's (counter-appellee's, cross-appellee's) counter designation of record shall be filed in the Supreme Court at the time the response to the petition in error is filed or at the time the counter designation of record is filed in the District Court, whichever occurs later.

(d) Cost of Transcribing Trial or Proceedings.

Each appellant (counter or cross-appellant) must timely advance the costs, including cost deposit for transcripts ordered by any party relating to the appeal of that appellant. The trial court may, after notice and prompt hearing for good cause shown, direct parties to pay costs for transcript preparation in another equitable manner, pending final allocation of costs at the termination of the appeal. Proceedings in the trial court regarding allocation of costs shall not delay the appellate proceedings.

(e) Failure to Advance Costs Promptly.

If the party required to advance costs shall fail to do so within a reasonable time, the trial court shall so certify to this court. Failure to pay costs required by this Rule shall not be good cause for an extension of time to complete the record and shall be ground for dismissal of the appeal (counter-appeal or cross-appeal) or any other sanction the appellate court deems appropriate.

(f) Error in Assessing Costs Reviewable.

Trial court's errors in assessing costs for transcribing designated portions of the record may be reviewed by the appellate court if challenged by any party. Trial court decisions in assessing costs for transcribing designated portions of the record may be challenged by an amended petition in error and subsequent brief in the appeal.

(g) Designation of Record by Stipulation of Parties.

Instead of serving designations, the parties may designate the record on appeal by written stipulation filed in the trial court within 10 days after the petition in error is filed. This time limit may be extended by the trial court. Where portions of the evidence must be transcribed and exhibits incorporated, a copy of the stipulation must be given to the court reporter and the cost of transcribing advanced.

The parties may not stipulate to designate the entire trial court record. The parties may not stipulate to designate items prohibited by Rule 1.28(b), unless the trial court or appellate court has authorized by order their inclusion in the record on appeal.

(h) Power of Court to Order Additional Record.

Nothing provided in this rule shall prevent the trial court or an appellate court from ordering that any undesignated portions of the record be transcribed and from assessing the cost thereof.

(i) Transcript Designated and Furnishing Copy of Designation to Court Reporter.

Transcripts shall be ordered using the Designation of Record Form and a completed copy thereof shall be delivered to the court reporter and to every party when the designation of record is filed in the trial court. The transcripts and the particular trial or hearing exhibits necessary to a review of the issues briefed shall be clearly and separately designated on the form. "Transcripts" includes transcripts of videotape, audiotape or other magnetic media.

(j) Penalties for Designating Excessive Portions of Transcript.

When this court determines on motion to tax costs made after the determination of the appeal but before mandate is issued that any party has designated for inclusion in the record on appeal unnecessary portions of the proceedings or evidence either at that party's expense or at the expense of another party, the costs of transcription attributable to the unnecessary portion shall be taxed against the designating party (or be ordered to be borne by such party).

VI. Rule 9 of the Rules on Administration of Courts, 20 O.S. Ch. 1, App. 2, shall be amended to:

Rule 9. Judge Disqualification.

(a) When a judge of the Court of Civil Appeals shall recuse, disqualify, or be ordered disqualified from deciding a cause, the Chief Judge or Vice Chief Judge of that Court shall assign a Judge of the Court of Civil Appeals to the matter in substitution of the disqualified or recused Judge. When the Chief Judge and Vice Chief Judge are disqualified or recused in the matter the Chief Justice, upon notification by the Chief Judge and Vice Chief Judge shall assign to the matter another judicial officer of the state. Art. 7, § 6 and § 8(i), Okla. Const., 20 O.S.1971, § 30.3, and Okla.Sup.Ct.R. 1.175.

(b) When a Justice of the Supreme Court or a Judge of the Court of Criminal Appeals shall disqualify from participating in a case; or a vacancy shall otherwise occur for any reason, the Chief Justice, when requested so to do by the affected Court, shall assign a judicial officer of the state to act as a Justice or Judge in that case. Art. 7, Sec. 6 and Sec. 8(i), Okl. Const.

(c) If the Chief Justice shall disqualify from participating in a case, the Vice Chief Justice, if not disqualified, shall make the assignment prescribed by subdiv. (b) hereof. If both the Chief Justice and the Vice Chief Justice should disqualify, then the justice with highest seniority in terms of service, who is not disqualified, shall make the assignment. If all the justices should disqualify in a case, then the Chief Justice shall request that the Governor appoint qualified members of the bar to sit in the case as special justices, all as provided in 20 O.S.1971, § 1402.

(d) There shall be no communication about the case between a disqualified appellate judge or justice and the judicial officer assigned to succeed the disqualified justice or judge him in the case.

(e) No judicial officer of the district court who

I. is requested to disqualify,

II. has disqualified himself, or

III. has been ordered disqualified

in a case shall participate in the selection of another judicial officer for assignment to that case. Any communication pertaining to the case between the disqualified judicial officer and one who has been assigned to it shall be limited to ascertaining the identity of counsel in the case and the time estimated for its trial. Where no disqualification is sought or granted, paragraph (e) of this rule shall not operate to restrict an administrative judge (chief or presiding judge) in assigning or re-assigning cases, in regular order, either on his own initiative or at the request of a subordinate judicial officer.

(f) When a chief judge of the district court is disqualified in a case, within the meaning of subdiv. (e), the presiding judge of the judicial administrative district shall select another judicial officer for assignment to that case. When a presiding judge is disqualified in a case, within the meaning of subdiv. (e), the Chief Justice shall select another judicial officer for assignment to that case.

(g) Neither the Chief Justice nor the Administrative Director of the Courts shall participate in the process of selecting a judicial officer for assignment to a case in any court if either by statute or case law that official would be disqualified from sitting in that case as a judge. If the Chief Justice should disqualify from making an assignment to a case, the Vice Chief Justice, if not disqualified, shall make the assignment. If both the Chief Justice and the Vice Chief Justice should disqualify from making the assignment, then the justice with highest seniority in terms of service, who is not disqualified, shall make the assignment.

(h) Withdrawn Oct. 15, 1973, effective Oct. 16, 1973 (8:00 A.M.).

VII. Oklahoma Supreme Court Rule 1.34 shall be amended to:

RULE 1.34 TIME FOR COMPLETION OF RECORD

(a) Time to Make Record Ready for Transmission.

The record on appeal shall be ready for transmission to this court not later than six months from the date of the judgment or order appealed. When statute or specific rule requires completion of the record earlier than six months from the date of judgment that statute or rule shall be followed. See, e.g., 1.34(b), (c), (d), (e), and (f). Appellant must monitor the preparation of the record and seek the appropriate relief when necessary for its timely preparation. See Rule 1.33(c), Rule 1.34(g). All transcripts shall be ordered and designations of record made in sufficient time that the entire record on appeal (including transcripts) may be completed and transmitted within the time limits required by statute or these rules.

(b) County Budget Appeals.

In appeals from a final order of the district court approving or disapproving the setting of a county budget the record shall be ready for transmission to this court within thirty (30) days of the date of the judgment. If a transcript is sought to be included in the record on review, it shall be the responsibility of the trial court to expedite the preparation thereof by such orders, prospective or retrospective, in effect as may seem proper to assure the earliest possible completion of the record.

(c) Driver's License Appeals.

In all appeals challenging a decision falling with the provisions of 47 O.S.1991 § 6-211 Subdiv. (M) (driver's license appeals), whether prosecuted under these Rules or under the cited section, the record shall be filed in the Supreme Court with the petition in error.

(d) Water Conservancy Appeals.

In appeals involving water conservancy districts, 82 O.S.1991 § 545 and 82 O.S.1991 § 508, the record shall be ready for transmission within the time limits prescribed in those statutes for filing the appeal.

(e) Deprived Child Appeals.

In appeals involving deprived or allegedly deprived children, the record on appeal shall be completed within sixty (60) days of the date of the order appealed. 10 O.S.Supp.1995 § 7003-6.4.

(f) Adoption Appeals.

In appeals concerning the adoption of a child or the termination of parental rights for adoption purposes the record on appeal shall be completed within thirty days from the filing of the petition in error in the Supreme Court. The Notice of Completion of Record shall be filed in the Supreme Court immediately upon completion of the record on appeal. 10 O.S.Supp.1996 § 60.19.

(g) Extension of Date for Completion of Record.

The appealing party, whether an appellant, counter or cross-appellant, bears responsibility to ensure timely preparation of an adequate record to review the issues urged by that party. The appealing party must timely order and pay for transcripts, designate record, monitor proper completion in the trial court, and request any extensions of time if necessary for the performance of duties of the court reporter or district court clerk.

To obtain an extension of time to file the Notice of Completion of Record in the Supreme Court the appellant must file a motion for extension of time prior to the due date of the Notice of Completion of Record. A court reporter or court clerk may not file a motion for extension of time to file the Notice of Completion of Record.

The appellant's motion for extension of time must show good cause for the extension. Good cause for the delay in completing the transcripts or compiling the record shall be shown by attachment of an affidavit of the court reporter or court clerk, as applicable. No more than one thirty (30) day extension of time shall be granted to file a Notice of Completion of Record. The motion must comply with Rule 1.6.

(h) Duties of Clerk on Completion of Record.

The clerk of the trial court shall upon completing the record for the appeal:

I. file with the Clerk of the Supreme Court a Notice of Completion of Record (Rule 1.301, Form 12, with Index of Record attached) stating that the record on appeal has been completed for transmission, and the parties or their counsel have been notified and;

II. notify all parties or their counsel when the record on appeal has been completed and the Notice of Completion of Record has been filed with the Supreme Court.

(i) Duty of Clerk if Designations Do Not Require Proceedings or Evidence to Be Transcribed.

If the designations do not require any part of the proceedings or evidence to be transcribed, the clerk shall immediately file a Notice of Completion of Record with the Clerk of the Supreme Court and notify the parties that the record on appeal has been completed, is ready for transmission to the court, and that a Notice of Completion of Record has been filed.

(j) Record in Appeals from Summary Judgments and Dismissals

In appeals from summary judgments and dismissals governed by Rule 1.36 the record is required to be filed with the petition in error and any supplement may be filed with the response to the petition in error, as provided therein.

VIII. Oklahoma Supreme Court Rule 1.301, Form No. 12 shall be amended to:

Rule 1.301, Form No. 12

IN THE DISTRICT COURT OF _____ COUNTY
STATE OF OKLAHOMA

¶2 The amendment to Supreme Court Rule 1.200 shall be effective immediately. The amendments to Supreme Court Rules 1.11, 1.175, 1.179, 1.28, 1.34, 1.301, Form No. 12, 12 O.S. Ch. 15, App. 1, and Rule 9 of the Rules on Administration of Courts, 20 O.S. Ch. 1, App. 2. shall be effective July 1, 1997.

¶3 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS
24th DAY OF APRIL 1997.

/s/ Yvonne Kauger
CHIEF JUSTICE

¶4 VOTES ON AMENDMENTS TO SUPREME COURT RULES AND RULES ON ADMINISTRATION OF COURTS:

I. SUPREME COURT RULE 1.11 and SUPREME COURT RULE 1.200.

CONCUR: KAUGER, C.J., SUMMERS, V.C.J., HODGES, LAVENDER, HARGRAVE, WILSON, WATT, JJ.

NOT PARTICIPATING: SIMMS, OPALA, JJ.

II. SUPREME COURT RULE 1.175

ALL JUSTICES CONCUR

III. SUPREME COURT RULE 1.179

ALL JUSTICES CONCUR

IV. SUPREME COURT RULE 1.28

ALL JUSTICES CONCUR

V. RULE 9 OF THE RULES ON ADMINISTRATION OF COURTS

ALL JUSTICES CONCUR

VI. SUPREME COURT RULE 1.34 and SUPREME COURT RULE 1.301, FORM NO. 12.

ALL JUSTICES CONCUR