IN THE MATTER OF AMENDING OKLAHOMA SUPREME COURT RULES 1.10, 1.20, 1.23, 1.28, 1.34, and 1.35

IN THE MATTER OF AMENDING OKLAHOMA SUPREME COURT RULES 1.10, 1.20, 1.23, 1.28, 1.34, and 1.35
2001 OK 27
72 OBJ 1295
Case Number: SCAD-2001-26
Decided: 03/13/2001
Modified: 03/29/2001
As Corrected: March 23, 2001 As Corrected: March 29, 2001

CORRECTED ORDER

¶1 The Order of the Court filed herein on March 13, 2001 and corrected on March 23rd, 2001 shall be further corrected so that Oklahoma Supreme Court Rules 1.10, 1.20, 1.23, 1.28 1.34. and 1.35 shall be corrected to state as follows:

1. Okla.Sup.Ct.R. 1.10 shall be corrected to state as follows:

Rule 1.10. Briefs

(a) Time to File Briefs, Copies, Waiver of Brief, Filing in the Trial Court, and Dismissal for Failure to File.

(1) In All Appeals. In all appeals, except for those pursuant to Rule 1.36 and as otherwise provided by these Rules, the appellant, including any appellant on a co_appeal, shall file a Brief_in_chief in this Court within sixty (60) days from the date the Notice of Completion of Record is filed in the Supreme Court. The appellee shall file an Answer Brief within forty (40) days after the filing of the Brief_in_chief by the appellant. The appellant may file a Reply Brief within twenty (20) days after the filing of the Answer Brief by the appellee. The times to file briefs in appeals from tribunals other the District Court are set by rules for the specific appeals. For examples, see Rules 1.90, 1.119, 1.130, 1.143, 1.156, and 1.162. Briefing in review of a decision of the Workers' Compensation Court is governed by Rule 1.105.

(2) Original Jurisdiction Proceedings. The requirements for the time to file briefs in original jurisdiction proceedings are governed by Rule 1.191.

(3) Filing Appellate Brief in Lower Tribunal. One copy of each brief on appeal, or waiver of right to file brief, shall be filed with the clerk of the trial court or other lower tribunal within five (5) days of its filing in this Court.

(4) Briefs in Appeals From Summary Judgments and Certain Dismissals. The requirements for briefs in an appeal from summary judgments and certain dismissals are governed by Rule 1.36.

(5) Filing Waiver. In any proceeding before the Court, whether original jurisdiction or appellate, any party who chooses not to file an Answer or Reply Brief shall file a "Waiver of Right To File Brief" within the time allowed for filing the brief. An original and 14 copies of the waiver shall be filed.

(6) Copies. One original and fourteen copies of the brief shall be filed for every brief filed in any appeal.

(7) Dismissal for Failure to File. An appeal from the district court or other tribunal may be dismissed by this Court when appellant has failed to timely file the Brief_in_chief and has failed to timely respond to this Court's order to file the required brief. The Court may dismiss an appeal without notice when six months have transpired since the filing of the Notice of Completion of Record and no Brief_in_chief has been filed and where no extension of time for the Brief_in_chief has been granted.

(b) Briefs in Multiple Appeals. An appellee's Answer Brief shall be combined with the Brief_in_chief on any counter or cross_appeal filed by the appellee, and such combined brief shall be filed within forty (40) days after the filing of the Brief_in_chief of the appellant. The Brief_in_chief on any other counter or cross_appeal shall be filed within forty (40) days after the filing of the Brief_in_chief of the appellant.

An appellant shall combine a Reply Brief, if any is filed, with an Answer Brief to a Brief_in_chief on a counter or cross_appeal against the appellant, and such combined brief shall be filed within thirty (30) days after the filing of the Brief_in_chief on the counter or cross_appeal. Any other party against whom a counter or cross_appeal has been filed shall file an Answer Brief within thirty (30) days after the filing of the Brief_in_chief on such counter or cross_appeal.

A counter or cross_appellant may file a Reply Brief to the Answer Brief on the counter or cross_appeal within twenty (20) days after the filing of the Answer Brief on the counter or cross_appeal.

(c) Briefs in Specific Appeals.

(1) County Budgets: Appeals From a Final Order of the District Court Approving or Disapproving a County Budget. The appellant shall file a brief in this Court within thirty (30) days from filing of Petition in Error; the appellee shall file an Answer within twenty (20) days after the filing of the brief of the appellant; the appellant may file a Reply Brief within five (5) days after the filing of the Answer Brief by the appellee.

(2) Drivers' Licenses. In all drivers' license appeals to this Court challenging a decision within the provisions of 47 O.S.Supp.2000 § 6_211(M), whether prosecuted under these Rules or the cited section, the appellant's brief shall be filed simultaneously with the Petition in Error. Appellee's Answer Brief shall be filed twenty (20) days after filing of the appellant's Petition in Error and brief. The appellant may file a Reply Brief ten (10) days after the filing of the Answer Brief.

(3) Juvenile Appeals. In an appeal from a District Court to the Oklahoma Supreme Court and involving a judgment or order issued pursuant to Title 10 of the Oklahoma Statutes in paternity proceedings, or Oklahoma Children's Code proceedings, or Oklahoma Juvenile Code proceedings, or Oklahoma Adoption Code proceedings, (sometimes referred to as a "juvenile appeal"), appellant's Brief-in-chief shall be filed within twenty (20) days after the clerk of the District Court notifies all parties that the record is complete and such notice has been filed with the Clerk of the Supreme Court. Appellee's Answer Brief shall be filed within fifteen (15) days after the brief in chief is filed. Appellant's Reply Brief may be filed within ten (10) days after the answer brief is filed. See 10 O.S.1991 § 80 (paternity appeal); 10 O.S.Supp.2000 § 7003_6.4 (Oklahoma Children's Code appeal); 10 O.S.Supp.2000 § 7303-6.2 (Oklahoma Juvenile Code appeal) and 10 O.S.Supp.2000 §§ 7505-2.1, 7505-4.1, & 7505-7.1 (Oklahoma Adoption Code appeal).

Although, strictly speaking, not all of the proceedings listed here under the collective label of "juvenile appeals" are properly includable under that rubric, we group them together, as a matter of convenience, solely for the purpose of applying to them the same rules. See also Okla.Sup.Ct.R. 1.23(d), 1.28(b)(3) & (k), and 1.34(e).

(d) Extension or Reduction of Briefing Time. Briefing time may be extended or reduced by direction of this Court. A motion to extend briefing time is governed by Rule 1.6.

(e) Suspension of Time to File Brief While Motion to Dismiss Pending. When a motion to dismiss appeal is filed, the time prescribed for briefing shall remain suspended and shall not recommence to run until disposition of the motion is effected by this court.

(f) Federal Certified Question. Upon the filing in this court of an order certifying a question of law to this court pursuant to 20 O.S.Supp.2000 § 1602 and receipt of the record from the certifying court, this court may in its discretion set a briefing schedule. Briefs shall be strictly limited to the question certified and shall otherwise comply with Rule 1.11.

2. Okla.Sup.Ct.R. 1.20 shall be corrected to state as follows:

Rule 1.20. Definitions

(a) Judgment.

(1) 12 O.S.1991 §§ 952, 953 (general civil appeal);

(2) 43 O.S.Supp.2000 § 123 (matrimonial actions);

(3) 10 O.S.Supp.2000 § 7505-2.1 (preadoption minor relinquishment and termination of parental rights appeals);

(4) 10 O.S.Supp.2000 § 7.1 (adoption appeals);

(5) 10 O.S.1991 § 80 (paternity appeals);

(6) 10 O.S.Supp.2000 § 7003-6.4 (deprived or allegedly deprived child and termination of parental rights appeals);

(7) 10 O.S.Supp.2000 § 7303-6.2 (Juvenile Code appeals);

(8) 12 O.S.1991 § 1763 (small claims appeals);

(9) 47 O.S.Supp.2000 § 6_211 Subdiv. (M) (driver license appeals);

(10) 47 O.S.Supp.2000 § 7_505(e) (financial responsibility hardship appeals);

(11) 58 O.S.1991 § 721 Subdiv. (7) (appeals in probate from final decree of distribution);

(12) 58 O.S.1991 § 721 Subdiv. (10) (where a claim in a probate action raises issues that are separate from the probate issues, a decision on the claim is appealable as a final order under 12 O.S.1991 § 681. Compare Williams v. Mulvihill, 846 P.2d 1097 (Okla.1993) with Matter of Estate of Nation, 834 P.2d 442 (Okla.1992);

(13) 66 O.S.1991 § 56 (condemnation appeals);

(14) 75 O.S.1991 § 323 (Administrative Procedures Act);

(15) 82 O.S.1991 §§ 508, 545, and 82 O.S.Supp.2000 § 569 (water conservancy);

(16) 12 O.S.Supp.1995 § 994 (judgment entered in multi_party/multi_claim cases); or

(17) Any other statute now in force or hereafter enacted which finally determines the rights of the parties in the action. The term judgment excludes interlocutory orders appealable pursuant to 12 O.S.1991 § 952 Subdiv. (b) 2 & 3, 58 O.S.1991 § 721 (except an order allowing final account and granting a decree of distribution) and 66 O.S.1991 § 56 (such as an order adjudicating a right to condemn__see Town of Ames v. Wybrandt, 203 Okla. 307, 220 P.2d 693, 696).

(b) Final Order. A final order is an order affecting a substantial right in an action, when the order effectively determines the action and prevents a judgment. A final order is also an order which affects a substantial right, made in a special proceeding or upon a summary application in an action after judgment. 12 O.S.1991 § 953. The following constitute final orders:

(1) an order denying a timely and proper motion for new trial (12 O.S.Supp.2000 § 651);

(2) an order granting or denying a timely post_judgment motion for judgment notwithstanding the verdict (12 O.S.Supp.2000 § 698);

(3) an order modifying or refusing to modify a judgment;

(4) an order refusing to vacate a judgment;

(5) an order denying leave to intervene;

(6) a post_judgment order which grants or denies attorney fees, costs or interest;

(7) an order appealed pursuant to 10 O.S.Supp.2000 § 7505-4.1 (See Matter of Adoption of E.S.P., 584 P.2d 209 (Okla.1978).

(c) Trial Court.

3. Okla.Sup.Ct.R. 1.23 shall be corrected to state as follows:

Rule 1.23. Commencement of Appeal

(a) Commencement. An appeal from a district court is commenced by:

(1) filing a petition in error with fourteen (14) copies with the Clerk of this Court within the time prescribed in Rule 1.21; and

(2) Remitting to the Clerk of the Supreme Court the cost deposit provided by statute, or if the appellant is an indigent, an affidavit in forma pauperis shall be filed concurrently with the petition in error. 20 O.S.Supp.1995 § 15. The affidavit shall be furnished by the Clerk of the Supreme Court, upon request, and shall be in substantial compliance with the form prescribed by Rule 1.301 Form No. 4.

Commencement of an appeal from certain trial court orders must comply with Rule 1.36.

(b) Timely Costs Mandatory. A petition in error will not be filed until the entire cost deposit, or a properly executed pauper's affidavit, is received by the Clerk of the Supreme Court. The cost deposit or pauper's affidavit must be received by the Clerk of the Supreme Court within the same thirty_day period for filing the petition in error (12 O.S.Supp.2000 § 990A(A)) for the tendered petition in error to be timely filed to commence an appeal. In an appeal brought by the State of Oklahoma, or by direction of any department of the State, cost deposit shall not be paid with the filing of the petition in error. 12 O.S.Supp.2000 § 66.

(c) Notice and Entry of Appearance. A copy of the petition in error shall be filed in the trial court and mailed to each party to the appeal, or to the party's counsel of record within the time prescribed for filing the petition in error. The mailing of the copy of the petition in error shall constitute notice of appeal, and no further notice of the appeal is required. Parties served with process or entering a general appearance in the trial court constitute parties to the appeal. Appellant must file an entry of appearance. See Rule 1.5. See Rules 1.23 and 1.25 for filing the petition in error and response thereto.

(d) Juvenile Appeals. An appeal from a District Court to the Oklahoma Supreme Court and involving a judgment or order issued pursuant to Title 10 of the Oklahoma Statutes in paternity proceedings, or Oklahoma Children's Code proceedings, or Oklahoma Juvenile Code proceedings, or Oklahoma Adoption Code proceedings, (sometimes referred to as a "juvenile appeal"), shall be commenced by filing with the Supreme Court a petition in error with fourteen (14) copies with the Clerk of this Court within the time prescribed in Rule 1.21 and remitting to the Clerk of the Supreme Court the cost deposit provided by 20 O.S.Supp.2000 § 15, or if the appellant is indigent, an affidavit in forma pauperis shall be filed concurrently with the petition in error. 12 O.S.Supp.2000 § 990A; 20 O.S.Supp.2000 § 15. Compliance with Okla.Sup.Ct.R. 1.23 (b), and (c) is required for juvenile appeals. See 10 O.S.1991 § 80 (paternity); 10 O.S.Supp.2000 § 7003_6.4 (Oklahoma Children's Code); 10 O.S.Supp.2000 § 7303-6.2 (Oklahoma Juvenile Code) and 10 O.S.Supp.2000 §§ 7505-2.1, 7505-4.1, & 7505-7.1 (Oklahoma Adoption Code).

In a juvenile appeal when the appellant is a minor represented by court-appointed counsel, that counsel may file, in lieu of remitting the cost deposit provided by 20 O.S.Supp.2000 § 15, an in forma pauperis affidavit stating that the minor is indigent to the best information and belief of counsel, and a certified copy of the order appointing counsel as the lawyer for the minor. The affidavit and copy of the order of appointment shall be filed with the minor's petition in error.

4. Okla.Sup.Ct.R. 1.28 shall be corrected to state as follows:

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.2000 § 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) Juvenile Appeals. In an appeal from a District Court to the Oklahoma Supreme Court and involving a judgment or order issued pursuant to Title 10 of the Oklahoma Statutes in paternity proceedings, or Oklahoma Children's Code proceedings, or Oklahoma Juvenile Code proceedings, or Oklahoma Adoption Code proceedings, (sometimes referred to as a "juvenile appeal"), 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. See 10 O.S.1991 § 80 (paternity); 10 O.S.Supp.2000 § 7003_6.4 (Oklahoma Children's Code); 10 O.S.Supp.2000 § 7303-6.2 (Oklahoma Juvenile Code) and 10 O.S.Supp.2000 §§ 7505-2.1, 7505-4.1, & 7505-7.1 (Oklahoma Adoption Code).

(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), and (3). 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).

(k) Fees for Assembling Record and Cost of Transcribing Trial or Proceedings in a Juvenile Appeal. In an appeal from a District Court to the Oklahoma Supreme Court and involving a judgment or order issued pursuant to Title 10 of the Oklahoma Statutes in paternity proceedings, or Oklahoma Children's Code proceedings, or Oklahoma Juvenile Code proceedings, or Oklahoma Adoption Code proceedings, (sometimes referred to as a "juvenile appeal"), the fee for preparing, assembling, indexing, and transmitting the record for appellate review shall be paid in the manner provided by 28 O.S.Supp1997 § 162(D). After a petition in error is filed the District Court retains jurisdiction to facilitate the completion of the record and allocate the costs of its preparation. Okla. Sup. Ct. R. 1.37(a); 28 O.S.Supp.1997 § 162(D). When parental rights are terminated the District Court retains jurisdiction to determine if a parent is indigent for the purpose of payment of the fee required by § 162(D) and payment for transcripts designated to be included in the record on appeal. M.L.B. v. S.L.J., 519 U.S. 102, 117 S. Ct. 555, 136 L. Ed. 2d 473 (1996); Okla. Sup. Ct. R. 1.37(a); Okla.Sup.Ct.R. 1.28(d). Alleged error in a District Court's order adjudicating indigent status or in allocating the costs of transcripts may be challenged in the original appeal by filing in the Supreme Court an amended petition in error within thirty (30) days of the date of the District Court's order, or by filing in the original appeal in the Supreme Court a motion within thirty (30) days of the date the District Court's order is filed in that court. Okla.Sup.Ct.R. 1.28(f) & 1.37(b).

5. Okla.Sup.Ct.R. 1.34 shall be corrected to state as follows:

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), and (e). 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.2000 § 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) Juvenile Appeals. In an appeal from a District Court to the Oklahoma Supreme Court and involving a judgment or order issued pursuant to Title 10 of the Oklahoma Statutes in paternity proceedings, or Oklahoma Children's Code proceedings, or Oklahoma Juvenile Code proceedings, or Oklahoma Adoption Code proceedings, (sometimes referred to as a "juvenile appeal"), the Notice of Completion of Record shall be filed in the Supreme Court immediately upon completion of the record on appeal. In all juvenile appeals other than appeals from adoption orders, the record on appeal shall be completed for transmission no later than sixty (60) days from the date of the order or judgment appealed. In appeals pursuant to the Oklahoma adoption Code the record on appeal shall be completed no later than thirty (30) days from the date the petition in error is filed in the Oklahoma Supreme Court. See 10 O.S.1991 § 80 (paternity); 10 O.S.Supp.2000 § 7003_6.4 (Oklahoma Children's Code); 10 O.S.Supp.2000 § 7303-6.2 (Oklahoma Juvenile Code) and 10 O.S.Supp.2000 §§ 7505-2.1, 7505-4.1, & 7505-7.1 (Oklahoma Adoption Code).

(f) Reserved.

(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.

6. Okla.Sup.Ct.R. 1.35 shall be corrected to state as follows:

Rule 1.35. Fees for Assembling Record and Transcribing Proceedings

The fees which the clerk of the trial court shall be paid for preparing, filing and transmitting the record and the fees to which the court reporter shall be entitled for transcribing notes of testimony and proceedings and for copying any papers required by the trial court or this court to be copied shall be those which are now or subsequently may be provided by statute. The required fee for preparing and transmitting the record shall be paid by the party taking the appeal. 28 O.S.Supp.2000 § 155.1. The costs of transcribing proceedings is governed by Rule 1.28. See Okla.Sup.Ct.R. Rule 1.28(k) for payment of record fee and transcription costs in appeals from orders and judgments in specified Oklahoma Title 10 proceedings.

¶2 The Order shall otherwise remain as filed March 13, 2001.

¶3 DONE BY ORDER OF THE SUPREME COURT THIS 29th DAY OF MARCH,

2001.

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