In re Amendments to the Rules for District Courts of Oklahoma

In re Amendments to the Rules for District Courts of Oklahoma
2002 OK 69
Case Number: SCBD-4553
Decided: 09/17/2002

THE SUPREME COURT OF THE STATE OF OKLAHOMA

In re Amendments to the Rules for District Courts of Oklahoma.

¶0 ORDER AMENDING DISTRICT COURT RULES 4 AND 13

¶1 Upon application by the Board of Governors of the Oklahoma Bar Association, the Court hereby amends Rules 4 and 13 of the Rules of the District Courts, 12 O.S.2001, Ch. 2, App.

¶2 District Court Rule 4 is amended to read as follows.

Rule 4. Motions

a. Where various objections and defenses have been consolidated pursuant to Section 2012(E) of Title 12 , Oklahoma Statutes, the court should hear jurisdictional objections and defenses first. If the court grants a motion on one of the grounds stated therein, the court may pass over other grounds. If an amendment is filed, the adverse party may renew any ground that was passed over and may object to defects in the amended pleading which did not exist in the initial pleading.

b. In a motion a party must specifically state the grounds therefor and the relief or order sought even where the party relies on defects or deficiencies apparent on the face of the pleading, motion or other instrument.

c. Motions raising fact issues shall be verified by a person having knowledge of the facts, if possible; otherwise, a verified statement by counsel of what the proof will show will suffice until a hearing or stipulation can be provided.

Every motion shall be accompanied by a concise brief or a list of authorities upon which movant relies. Unless the court directs otherwise, neither a brief nor a list of authorities shall be required with respect to any of the following motions:

(1) Motions for extensions of time, if the request is made before expiration of the time period originally prescribed, or as extended by previous orders,

(2) Motions to continue a hearing, pretrial conference or trial,

(3) Motions to amend pleadings or file supplemental pleadings,

(4) Motions to appoint a guardian ad litem,

(5) Motions for physical or mental examinations,

(6) Motions to add or substitute parties,

(7) Motions to enter or vacate default judgments,

(8) Motions to confirm sales,

(9) Motions to stay proceedings to enforce judgments,

(10) Motions to shorten a prescribed time period, and

(11) Motions for scheduling conferences and other settings.

d. If the motion does not comply with the requirements of b and c above, the motion may be denied without a hearing, and if a responsive pleading is required, the moving party shall serve any pertinent responsive pleading within twenty (20) days after notice of the court's action. Motions not requiring briefs shall state whether opposing parties agree or object to the request and shall be accompanied by a proposed order granting the relief requested. If there are no opposing parties, or if they cannot be reached, the movant shall so state with particularity. The proposed order shall be served together with the motion upon all parties in the matter. Objections to motions not requiring briefs shall be served and filed within fifteen (15) days after service of the motion or the motion may be deemed confessed.

e. Any party opposing a motion, except those enumerated in Section c above, shall serve and file a brief or a list of authorities in opposition within fifteen (15) days after service of the motion, or the motion may be deemed confessed.

f. If the grounds supporting a motion are not presented for hearing when called, the court, in its discretion, may continue the hearing or rule on the motion or the motion may be denied as having been withdrawn or abandoned. Where a party consents to the denial of his motion, the motion shall be deemed to have been withdrawn. Motions that are not contested may be disposed of by the announcement of one party without the necessity of all counsel appearing.

Where a motion is denied for failure to present or is deemed to have been withdrawn or abandoned, the party asserting the motion waives the objection, and if a responsive pleading is required, the moving party shall be required to serve it within twenty (20) days after notice of the court's action.

The ruling of the court on a motion shall be memorialized by an order prepared by the moving party, or as directed by the court, and shall be filed in the case.

g. Except with the permission of the court after good cause has been shown, a party cannot present any defect or deficiency at the hearing on his motion which was not specifically stated therein, but if the court permits other grounds to be presented, the motion shall be amended in writing, by interlineation if possible, to include the new grounds. This subdivision is not applicable to hearings on new trial motions which are subject to Rule 17.

h. Motions may be decided by the court without a hearing, and where this is done, the court shall notify the parties of its ruling by mail.

i. The denial of a motion to dismiss for failure to state a claim upon which relief can be granted, or of a motion to strike a defense because it is insufficient, or of a motion for a summary judgment, or of a motion for a summary disposition of issues will not be reviewed on appeal after the action has been tried on its merits.

j. Joint motions shall be deemed to be joint and several as to all counts in the prior pleading and as to all parties joining in the motion, and where proper grounds are presented to the court, the court must rule on the sufficiency of each claim or defense as to each party.

k. A negative pregnant or a conjunctive denial is not a ground for objecting to the sufficiency of a defense, but the issues raised shall be determined at the pretrial conference.

l. Motions for judgment on the pleadings, motions for a more definite statement, motions to strike redundant, immaterial, impertinent, scandalous or similar matter from a pleading, and objections to the introduction of evidence that are made at the commencement of a trial to test the sufficiency of the pleadings shall not be made. If such motions or objections are made, the court shall summarily deny them without a hearing, and the making of such motions or objections shall not extend the time to serve or file a responsive pleading or take other required action.

m. Appeals from orders granting judgment on motion for summary judgment or summary disposition or dismissal on motion to dismiss for failure to state a claim or for lack of jurisdiction will be subject to accelerated appellate review under Rule 1.36 of the Oklahoma Supreme Court Rules. The record on appeal will be limited to:

(1) the memorialized entry of dismissal order; in multi-party or multi-claim cases the judgment or dismissal order must either (1) dispose of all claims and all parties or (2) entirely dispose of at least one claim or one party and contain the express determination that there is no just reason for delay with the express direction by the trial judge that judgment be filed. See 12 O.S. § 994 .

(2) pleadings proper as defined by 12 O.S. § 2007 (A);

(3) the instrument(s) upon which the dismissal is rested;

(4) the motion(s) to dismiss and any supporting brief(s);

(5) any responsive brief by the party asserting the claim;

(6) any other item on file which, according to some recitation in the trial court's dismissal order or in some other order, was considered in its decision;

(7) any other order dismissing the claim or determining the issues as to some but not all parties or claims;

(8) any transcripts of the hearing on the motion; and

(9) any motions, along with supporting and responsive briefs, for new trial (re-examination) of the dismissal order.

¶3 District Court Rule 13 is amended to read as follows.

Rule 13. Summary Judgment or Summary Disposition of Issues

a. A party may move for either summary judgment or summary disposition of any issue on the merits on the ground that the evidentiary material filed with the motion or subsequently filed with leave of court show that there is no substantial controversy as to any material fact. The motion shall be accompanied by a concise written statement of the material facts as to which the movant contends no genuine issue exists and a statement of argument and authority demonstrating that summary judgment or summary disposition of any issues should be granted. Reference shall be made in the statement to the pages and paragraphs or lines of the evidentiary materials that are pertinent to the motion. Unless otherwise ordered by the court, a copy of the material relied on shall be attached to the statement.

The motion may be served at any time after the filing of the action, except that, if the action has been set for trial, the motion shall be served at least twenty (20) days before the trial date unless an applicable scheduling order establishes an earlier deadline. The motion shall be served on all parties and filed with the court clerk.

b. Any party opposing summary judgment or summary disposition of issues shall file with the court clerk within fifteen (15) days after service of the motion a concise written statement of the material facts as to which a genuine issue exists and the reasons for denying the motion; provided, however, that a responsive statement shall not be due from a party earlier than forty-five (45) days after service of the first summons by, or upon, that party. Unless otherwise ordered by the court, the adverse party shall attach to the statement evidentiary material justifying the opposition to the motion, but may incorporate by reference material attached to the papers of another party. In the statement, the adverse party or parties shall set forth and number each specific material fact which is claimed to be in controversy and reference shall be made to the pages and paragraphs or lines of the evidentiary materials. All material facts set forth in the statement of the movant which are supported by acceptable evidentiary material shall be deemed admitted for the purpose of summary judgment or summary disposition unless specifically controverted by the statement of the adverse party which is supported by acceptable evidentiary material. If the motion for summary judgment or summary disposition is granted, the party or parties opposing the motion cannot on appeal rely on any fact or material that is not referred to or included in the statement in order to show that a substantial controversy exists.

c. The affidavits that are filed by either party shall be made on personal knowledge, shall show that the affiant is competent to testify as to the matters stated therein, and shall set forth matters that would be admissible in evidence at trial. The admissibility of other evidentiary material filed by either party shall be governed by the rules of evidence. If there is a dispute regarding the authenticity of a document or admissibility of any submitted evidentiary material, the court may rule on the admissibility of the challenged material before disposing of the motion for summary judgment or summary disposition. A party challenging the admissibility of any evidentiary material submitted by another party may raise the issue expressly by written objection or motion to strike such material. Evidentiary material that does not appear to be convertible to admissible evidence at trial shall be challenged by objection or motion to strike, or the objection shall be deemed waived for the purpose of the decision on the motion for summary judgment or summary disposition. If a trial of factual issues is required after proceedings on a motion for summary judgment or summary disposition, evidentiary rulings in the context of the summary procedure shall be treated as rulings in limine.

d. Should it appear from an affidavit of a party opposing the motion that for reasons stated the party cannot present evidentiary material sufficient to support the opposition, the court may deny the motion for summary judgment or summary disposition without prejudice or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just. A motion filed pursuant to this paragraph shall not be deemed a consent to the exercise by the court of jurisdiction over the party, or a waiver of the right to file a motion to dismiss the action.

e. If it appears to the court that there is no substantial controversy as to the material facts and that one of the parties is entitled to judgment as a matter of law, the court shall render judgment for said party.

If the court finds that there is no substantial controversy as to certain facts or issues, the court may enter an order specifying the facts or issues which are not in controversy and direct that the action proceed for a determination of the remaining fact or issues. An order denying either summary judgment or summary disposition is interlocutory and is not reviewable on appeal prior to final judgment.

f. The serving of a motion for either a summary judgment or summary disposition of issues before a responsive pleading is served where a responsive pleading is permitted does not preclude the opposing party from amending the pleading without leave of court. If a motion for either a summary judgment or summary disposition is served after the case is at issue, the hearing on the motion and the pretrial conference may, in the discretion of the court, be held at one time. A court may decide a motion for either a summary judgment or summary disposition without a hearing, and where this is done, the court shall notify the parties of its ruling by mail.

g. The pleadings or the pretrial conference order may be amended either before or during the hearing on a motion for either summary judgment or summary disposition under this rule, and the court may continue the hearing to a subsequent time. After a court grants a judgment under this rule, neither the pleadings nor the pretrial conference order may be amended by the addition of allegations in regard to any fact which was known to the party and which could have been presented at the hearing on the motion, and a motion for a rehearing or for a new trial on the ground of newly discovered evidence must comply with the provisions of 12 O.S. § 655.

h. Judgments entered on motion for summary judgment or appealable summary disposition are subject to accelerated appellate review under Rule 1.36 of the OKlahoma Supreme Court Rules. The record on appeal will be limited to:

(1) the memorialized entry of judgment; in multi-party or multi- claim cases the judgment or dismissal order must either (1) dispose of all claims and all parties or (2) entirely dispose of at least one claim or one party and contain the express determination that there is no just reason for delay with the express direction by the trial judge that judgment be filed. See 12 O.S. § 994 .

(2) pleadings proper as defined by 12 O.S. § 2007 (A);

(3) applicable instruments on file, including the motion and response with supporting briefs and materials filed by the parties as prescribed by subsections (a) and (b);

(4) any other item on file which, according to some recitation in the trial court's written journal entry or in some other order, was considered in its decision;

(5) any other order dismissing the claim or determining the issues as to some but not all parties or claims;

(6) any transcripts of the hearing on the motion; and

(7) any motions, along with supporting and responsive briefs, for new trial (re-examination) of summary judgment or appealable summary disposition process.

¶4 The amendments to District Court Rules 4 and 13 made by this Order shall take effect thirty days after this Order is filed with the Clerk of the Supreme Court. This Order shall be published three times in the Oklahoma Bar Journal.

¶5 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 16TH DAY OF SEPTEMBER, 2002.

S/ CHIEF JUSTICE