IN RE AMENDMENTS TO RULES 1.26(d) AND 1.27(a) OF THE OKLAHOMA SUPREME COURT RULES

IN RE AMENDMENTS TO RULES 1.26(d) AND 1.27(a) OF THE OKLAHOMA SUPREME COURT RULES
2007 OK 98
Case Number: SCAD-2007-75
Decided: 12/12/2007

THE SUPREME COURT OF THE STATE OF OKLAHOMA

NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.

IN RE AMENDMENTS TO RULES 1.26(d) AND 1.27(a) OF THE OKLAHOMA SUPREME COURT RULES

ORDER

Rule 1.26(d) of the Oklahoma Supreme Court Rules is hereby amended by adding the following bold sentences:

(d) Post-trial Order for Attorney's Fees, Interest, or Costs.

An amended petition in error to challenge a post-trial order granting or denying costs, interest, or attorney's fees must be filed with this Court within thirty (30) days of the date of the post-trial order challenged. The amended petition in error may be filed without payment of costs, subject to leave of court which will be granted or withdrawn subsequent to filing. An appellate court may order such an appeal to be redocketed and given a different number upon payment of an accompanying cost deposit.

When a petition in error challenging a post-trial order granting or denying costs, interest, or attorney's fees is premature, a supplemental petition in error challenging that order may be filed within (30) days from the date of the post-trial order or at any time prior to the date of the Supreme Court's order dismissing the premature petition, whichever is later. See Rule 1.26(c).

An amended petition in error challenging a post-judgment order granting or denying costs, interest, or attorney's fees may be filed in an appeal governed by Rule 1.36 as specified by that Rule.

Rule 1.27(a) of the Oklahoma Supreme Court Rules is hereby amended by adding the following bold sentences:

(a) Cross-Appeal or Counter-Appeal.

If a petition in error has been timely filed to commence an appeal from an appealable decision, then a party aggrieved by the same decision may file a petition in error within forty (40) days of the date the judgment was filed with the district court clerk. Petitions in error which commence an appeal from the same appealable decision or from different appealable decisions in the same case shall so far as possible be filed under the same docket number, except when one of the appeals is brought pursuant to Rule 1.36. If more than one petition in error addressed to the same decision is filed the same day, the court shall determine which of these petitions in error is to be regarded as bringing the principal appeal and which constitutes a counter-appeal, a cross-appeal or some other form of appeal.

Only one cost deposit prescribed by statute shall be required in this Court for multiple appeals from the same case filed under the same number. This cost deposit shall be paid by the party who first shall file a petition in error in this Court. See Rule 1.36(k) and (l) for multiple appeals involving one or more appeals governed by Rule 1.36. Appeals from different appealable decisions in the same district court case, filed in a pending appeal, are subject to leave of court which will be granted or withdrawn subsequent to filing. An appellate court may order a later appeal to be redocketed as a new cause upon payment of an accompanying cost deposit.

The effective date of these amendments is 30 days from the date of this order.

DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 12th DAY OF DECEMBER, 2007.

/S/CHIEF JUSTICE