In re Amendments to the Oklahoma Supreme Court Rules

In re Amendments to the Oklahoma Supreme Court Rules
1999 OK 2
Case Number: SCAD-99-4
Decided: 01/26/1999
Supreme Court of Oklahoma

ORDER

¶ 1 Rules 1.3, 1.5, 1.12, and 1.51, of the Oklahoma Supreme Court Rules, 12 O.S.Supp.1998, Ch. 15, App. 1, shall be amended.

¶ 2 Rule 1.3 shall be amended to state as follows:

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 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).

¶ 3 Rule 1.5 shall be amended to state as follows:

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.

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.Supp.1998, 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.

(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.

(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, 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 (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.

(d) Address of Record. The address of record 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.

¶ 4 Rule 1.12(b)(2) shall be amended to state as follows:

(2) Original Jurisdiction Proceedings. The amicus curiae shall file a statement not to exceed five (5) pages which concisely discloses the nature and extent of the applicant's interest, and states questions of law which may not be presented adequately by the litigants, and the relevancy of these questions of law to the disposition of the cause. The amicus curiae shall mail a copy of the statement to the parties. Parties shall have ten days to object, unless the Court orders otherwise. The Supreme Court shall review the statement and any objections to determine whether to allow the filing of the amicus brief.

¶ 5 Rule 1.51 shall be amended to state as follows:

Rule 1.51. COMMENCEMENT OF PROCEEDING AND ENTRY OF APPEARANCE

(a) Commencement. Time for the commencement of a proceeding to review a certified interlocutory order shall begin to run from the date of the filing of the certification order wherein the trial court certifies in writing that an immediate review may materially advance the ultimate termination of the litigation. A proceeding to review a certified interlocutory order shall be commenced by filing a petition for certiorari within 30 days of the date the certification is filed in the trial court. This time limit cannot be extended either by the trial court or by this Court. A petition for certiorari to review a certified interlocutory order will be deemed filed when mailed in compliance with Rule 1.4. See Rule 1.4(e).

(b) Motion for New Trial. The filing of a motion for new trial, reconsideration, re-examination, rehearing, or to vacate the interlocutory order shall not operate to extend the time to appeal from such order.

(c) Petition, Entry of Appearance, and Costs. A proceeding for review of a certified interlocutory order shall be regarded as commenced when the petition is filed and costs are deposited as set out in Rule 1.23. The petitioner and respondent shall file entries of appearance in conformity with Rules 1.23 and 1.25.

¶ 6 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 25th DAY OF JANUARY, 1999.

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CHIEF JUSTICE

SUMMERS, C.J., HARGRAVE, V.C.J., LAVENDER, SIMMS, OPALA, WILSON, KAUGER, WATT, JJ. - Concur