IN RE AMENDMENTS TO OKLAHOMA SUPREME COURT RULE 1.77

IN RE AMENDMENTS TO OKLAHOMA SUPREME COURT RULE 1.77
2002 OK 18
73 OBJ 902
Case Number: SCAD-2002-28
Decided: 03/12/2002

The Supreme Court of the State of Oklahoma

IN RE AMENDMENTS TO OKLAHOMA SUPREME COURT RULE 1.77

¶0 ORDER AMENDING SUPREME COURT RULE 1.77

¶1 Oklahoma Supreme Court Rule 1.77 , codified at 12 O.S.Supp.2000, Ch. 15, App., is hereby amended to read as follows:

Rule 1.77. Other Rules Applicable

Unless specifically provided otherwise in any subsequent Part of these Rules the following provisions shall apply:

(a) The time for commencing the appeal cannot be extended either by the tribunal or by this Court, and the filing of a motion for a new trial, reconsideration, re-examination, rehearing or to vacate the decision shall not operate to extend the time to appeal. Provided, however, that when a statute applicable to the particular appeal states that the time to appeal shall not commence until disposition of a motion for a new trial, reconsideration, re-examination, rehearing or to vacate the decision, then the filing of the motion shall operate to extend the time to appeal.

(b) Part I of these rules apply to appeals from tribunals other than District Courts when application of the rule from Part I is consistent with both the rules specific for the appeal and the statutory authority governing the appeal. For example, in appeals from tribunals other than the District Court the briefs must comply with the provisions for appeals in Rule 1.10, Rule 1.11, and Rule 1.12, and those provisions applicable to any proceeding such as Rule 1.11(k)(3).

(c) Rule 1.24, Rule 1.26(a), (b), (c), and (e), Rule 1.27(a), (b), (c), (d) and (f), and Rule 1.37(b) shall apply to all appeals. Rule 1.25 shall apply to those appeals commenced by filing a petition in error.

(d) The appeal shall be regarded as commenced by filing a petition in error (or petition for review for Workers' Compensation Court proceedings) with fourteen (14) copies with the Clerk of this Court within the time prescribed by rule or statute for the specific appeal, and remitting to the Clerk of the Supreme Court the cost deposit provided by statute, or if the appellant (petitioner) is an indigent, an affidavit in forma pauperis shall be filed concurrently with the petition in error. The additional time for filing a petition in error by mail granted by Rule 1.4(c) applies to petitions in error from District Courts, the Corporation Commission, and other tribunals. Rule 1.4(c) also applies to petitions to review decisions of the Worker's Compensation Court. Rule 1.4(e). Johnson v. Tony's Town Mister Quick, 915 P.2d 355 (Okla.1996).

¶2 This Order shall be published three times in the Oklahoma Bar Journal.

¶3 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 7TH DAY OF MARCH, 2002.

S/CHIEF JUSTICE