IN RE: RULES FOR DISTRICT COURTS OF OKLAHOMA

IN RE: RULES FOR DISTRICT COURTS OF OKLAHOMA
2009 OK 3
Case Number: SCBD-4553
Decided: 01/12/2009

THE SUPREME COURT OF THE STATE OF OKLAHOMA

FOR PUBLICATION IN OBJ ONLY. NOT RELEASED FOR OFFICIAL PUBLICATION.

In Re: Rules for District Courts of Oklahoma

ORDER AMENDING RULE 5 OF THE
RULES FOR DISTRICT COURTS OF OKLAHOMA

This matter comes on before this Court upon the Application of John Morris Williams, custodian of the records of the Oklahoma Bar Association House of Delegates, requesting to amend the Scheduling Order and Pretrial Conference Order forms contained in Rule 5. This Court finds that it has jurisdiction over this matter, and that an Order should enter as follows:

            IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the court that the Scheduling Order form contained in Rule 5 of the Rules for District Courts of Oklahoma is hereby amended, as set out in Exhibit "A" attached hereto, to provide deadlines for the medical examination and submission of the subsequent report to all attorneys, as follows:

"MEDICAL EXAMINATION of __________________ shall be completed no later than _________________.

THE MEDICAL EXAMINER shall submit the report to counsel requesting the examination, who shall submit a complete copy to all counsel, no later than ________________."

DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE this 12th day of January, 2009.

/S/CHIEF JUSTICE

Edmondson, C.J., Taylor, V.C.J., Hargrave, Opala, Watt, Winchester, Reif., JJ., concur.

Kauger, J., concurs in part; dissents in part.
I would prefer that we not engage in the piecemeal adoption of rules.

Colbert, J., concurs in part; dissents in part.  

(EXHIBIT "A")

SCHEDULING ORDER

IN THE DISTRICT COURT, _____________ JUDICIAL
DISTRICT, _______________ COUNTY
STATE OF OKLAHOMA

_____________________________

_____________________________ Plaintiff,

v.

_____________________________

_____________________________ Defendant.

)

)

)

) No. ___________________

)

)

)

)

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SCHEDULING ORDER

IT IS ORDERED that the following must be completed within the time fixed:

1. ADDITIONAL PARTIES to be joined and AMENDED PLEADINGS to be filed by: _______________.

2. Parties shall exchange PRELIMINARY LISTS OF WITNESSES AND EXHIBITS by: _______________.

3. DISCOVERY must be completed by: _______________.

4. DISPOSITIVE MOTIONS will not be considered if filed after: _______________.

5. SETTLEMENT CONFERENCE OR MEDIATION DATE & TIME : _______________.

6. PRE-TRIAL CONFERENCE DATE & TIME: _______________.

7. TRIAL DATE: _______________.

8. ESTIMATED TIME FOR TRIAL: _______________.

9. REQUESTED JURY INSTRUCTIONS must be filed by: _______________.

10. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW (Non-Jury) must be filed by: _______________.

11. TRIAL BRIEF must be filed by: _______________.

12. ADDITIONAL ORDERS:

MEDICAL EXAMINATION of __________________ shall be completed no later than _________________.

THE MEDICAL EXAMINER shall submit the report to counsel requesting the examination, who shall submit a complete copy to all counsel, no later than ________________.

No date set by this Order can be changed except for good cause and upon written Order of this Court.

Dated: ____________

______________________
Judge of the District Court

We have presented to the Court our views of time requirements established by this Scheduling Order.

______________________

______________________

Attorney for Plaintiff

______________________

______________________

Attorney for Defendant

______________________

______________________