IN RE AMENDMENTS TO OKLAHOMA SUPREME COURT RULES

Annotate this Case

IN RE AMENDMENTS TO OKLAHOMA SUPREME COURT RULES
2013 OK 68
Decided: 07/01/2013

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 Oklahoma Supreme Court Rules

ORDER

On June 14th, 2013, the Oklahoma Supreme Court in Conference approved the following amendments to the Rules for District Courts of Oklahoma, Okla. Stat. tit. 12, ch. 2, app., by the following vote:

ALL JUSTICES CONCUR

These amendments are effective August 1, 2013.

DONE BY ORDER OF THE SUPREME COURT this 1st day of July, 2013.

/S/CHIEF JUSTICE

Rules for District Courts of Oklahoma – Title 12, Chap. 2, App.


Rule 1. Effect of Code on Pending Actions.

The Oklahoma Pleading Code governs all proceedings in actions pending on the day that it takes effect, except to the extent in the opinion of the court its application in a particular action would not be feasible or would work injustice, in which event the former procedure applies. Pleadings, motions and other instruments that were filed prior to the effective date of the Code and that were sufficient at the time they were filed shall continue to be effective after the Code takes effect, and if at the time the Code takes effect a party is required to file or serve a pleading or motion to take other action, the time to take such action shall not be shortened by any provision of the Code, Although an action is commenced before the effective date of the Code, Section 2011 in regard to the signing of pleadings and motions shall apply to all pleadings and motions that are served or filed on or after the effective date of the Code, and Section 2013A in regard to compulsory counterclaims shall apply to all answers, answers to cross-claims, answers to third-party claims and answers to claims asserted by plaintiffs against third-party defendants that are served or filed on or after the effective date of the Code.


Rule 2. Service and Proof of Service

a. The person serving the process shall state in his proof the name of the person served and the date, place and method of service. See 12 O.S. § 2004G.

b. (i) Defendants, third-party defendants and persons who are joined as parties to an action shall file their responsive pleading with the court clerk and serve copies on all opposing parties within 20 days after being served with process unless the time is extended by the service and filing of a motion or by the entry of an appearance, and they shall serve copies of their responsive pleading promptly thereafter on all other parties to the action. When a summons and petition are served by mail, a defendant shall serve his responsive pleadings within twenty (20) days after the date of receipt or, if service has been refused, then within twenty (20) days after the date acceptance was refused. Except as otherwise provided by statute or an order of the court, subsequent pleadings and all motions and other instruments shall be served on the opposing party within the prescribed time, and either before or promptly thereafter copies of the pleading shall be filed with the court clerk and served on all other parties to the action. This provision applies to amended pleadings except that an amendment that is made because a pleading failed to show a right to relief shall be filed with the court clerk within the time prescribed by the court, and either before or promptly thereafter copies of the amended pleading shall be served on all parties to the action. 12 O.S. § 2012G.

(ii) Except where a pleading is served with a summons, service of a pleading, motion or other instrument on a party shall be made by service on his attorney of record where there is one. 12 O.S. § 2005A and B.

(iii) Where service of a pleading, motion or other instrument is made by delivery, the delivery shall be performed by any person who is 18 years of age or older. Proof of service, whether made by delivery or mail, shall be made by the certificate of an attorney of record, or if made by any other person, by the affidavit of such person. Such certificate or affidavit shall set forth the name of the person served and the date, place and method of service, and it shall be filed with the court clerk or it shall be endorsed upon the pleading, motion or instrument that is filed with the clerk. The provisions of this paragraph do not apply to the service of a summons or the pleading that is served with the summons.

Rule 2.1. Electronic Filing, Service, and Signature

a. Electronic Filing. Whenever these rules require a pleading, motion, document, or other instrument to be filed or delivered to the court clerk, such requirement may be satisfied by electronic filing as authorized by the Rules for Electronic Filing in the Oklahoma Courts, and any other applicable statute or court rule. Whenever these rules reference the “Rules for Electronic Filing in the Oklahoma Courts,” such reference shall mean the “Oklahoma Rules for E-Filing in Selected Pilot Courts” (See Supreme Court Administrative Directive No. SCAD-2012-36, RE Rules for Electronic Filing in the Oklahoma Courts Selected as Pilot Courts, 2012 OK 61) and any subsequent versions of those rules as the Supreme Court may approve from time to time.

b. Electronic Service. Whenever these rules require a pleading, motion, document or other instrument to be served, mailed, transmitted, or issued, such requirement may be satisfied by electronic methods as authorized by the Rules for Electronic Filing in the Oklahoma Courts, and any other applicable statute or court rule. As used in these rules, the term “mail” “mailing” or “mailed” shall include transmission by electronic mail, when authorized by the Rules for Electronic Filing in the Oklahoma Courts, and any other applicable statute or court rule.

c. Electronic Signature.

1. Whenever these rules require a pleading, motion, document, or other instrument to be signed, verified, certified, or otherwise authenticated, such requirement may be satisfied by electronic methods as authorized by the Rules for Electronic Filing in the Oklahoma Courts, and any other applicable statute or court rule.

2. Pleadings, motions, affidavits, waivers, or other instruments which are signed under penalty of perjury, or notarized may be filed electronically, pursuant to the Rules for Electronic Filing in the Oklahoma Courts or other applicable court rule or statute. Waivers or other instruments which are signed and witnessed may be electronically filed in the same manner as notarized documents. The filer shall retain the original document, or other evidence of the original signature(s), for future production.

Rule 3. Objections to service and venue

Objections to the jurisdiction of the court over the person, to the issuance or service of the summons or to the venue of the action are waived and a party submits himself to the jurisdiction of the court if he asks for affirmative relief on a claim which is asserted in a permissive counterclaim, in a crossclaim, or in a third-party petition. The assertion of a compulsory counterclaim against a plaintiff does not waive any of the above objections.

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. Interlineations accomplished pursuant to this Rule upon electronically filed motions shall be memorialized on a copy of the motion which is filed separately with the clerk. 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 in writing by mail by mail or email.

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.

Rule 4.1. Time to Assert Various Claims.

A plaintiff may assert a claim against a third party defendant within twenty days after service on him of a copy of the third-party petition. Thereafter he must obtain leave of court.

A third-party defendant may assert a claim against the plaintiff within twenty days after he has been served with a third-party petition. Thereafter he must obtain leave of court.

A party shall serve his reply to a counterclaim in an answer to a third-party petition or in an answer to a cross-claim within twenty days after service of the pleading containing the counterclaim.

Rule 5. Pretrial Proceedings.

A. Docket. A pretrial conference shall be held in all civil actions except:

1. where the defendant is in default; or,

2. where the defendant has waived his right to appear or plead; or,

3. in an action for the recovery of money or personal property where the amount or value in controversy is less than $5000.00; or,

4. in actions for forcible entry and detainer where a jury has been waived;

5. actions under the small claims procedure.

The judge is not required to hold pretrial conference in cases where jury has been waived but he may do so. A judge may hold more than one pretrial conference in any case, or he may excuse a case from the pretrial docket.

B. Notice. At least twenty (20) days' notice of the setting of a case for an initial pretrial conference shall be given to the parties and to the attorneys of record by the court clerk.

C. Scheduling. As soon as any civil case is at issue, the Court may schedule any conference it deems appropriate and enter a scheduling order which establishes, insofar as feasible, the time:

1. to join other parties and to amend the pleadings; and,

2. to file and hear motions; and,

3. to complete discovery; and,

4. to have a medical examination of a party; and,

5. for conferences before trial, a pretrial conference, and trial; and,

6. to file proposed findings of fact and conclusions of law (non-jury); and,

7. for accomplishing any other matters appropriate in the circumstances of the case.

The scheduling order shall issue as soon as feasible after the case is at issue. A schedule shall not be modified except upon written application by counsel and by leave of the judge assigned to the case upon a showing of good cause.

D. Judge Presiding. Unless waived by the parties, the pretrial conference shall be conducted by the judge who will try the case. Unless waived by the parties, the judge shall take an active part in the conference and shall conduct it in an informal manner in chambers whenever possible.

E. Scheduling and Pretrial Conferences; Objectives. The scheduling and conduct of the conferences and the scheduling of matters to be accomplished should be designed to:

1. expedite the disposition of the action;

2. establish early and continuing control so that the case will not be protracted because of lack of management;

3. discourage wasteful pretrial activities;

4. improve the quality of the trial through more thorough preparation; and,

5. facilitate the settlement of the case.

F. General Guidelines for Conducting Pretrial Conference. The following guidelines should be followed by counsel and District Court in preparing and conducting a complete and adequate pretrial conference:

1. Attorneys shall confer prior to the pretrial conference and prepare a single suggested pretrial order for use during the pretrial conference;

2. Whenever feasible, all amendments to pleadings and stipulations should be filed in the case before the pretrial conference;

3. Stipulate in writing to as many facts and issues as possible;

4. List in writing the facts and law that are disputed;

5. Discuss the possibility of settlement;

6. Attorneys for the parties should be prepared to advise the trial judge at the pretrial conference as to whether a settlement judge is requested.

G. Subjects to be Discussed at Scheduling and Pretrial Conferences. In accordance with the objectives of a scheduling or pretrial conference, the participants under this rule should be prepared to address, or have taken action to:

1. the formulation and simplification of the issues, including the elimination of frivolous claims or defenses;

2. the necessity or desirability of amendments to the pleadings;

3. the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof, stipulations regarding authenticity of documents, and advance rulings from the Court on the admissibility of evidence;

4. the avoidance of unnecessary proof and of cumulative evidence;

5. the need for orders controlling or scheduling discovery, including orders affecting disclosures and discovery under § 3226 of Title 12 and §§ 3229 - 3237 of Title 12;

6. the need for adopting any special procedures or protocols addressing the discovery of electronically-stored information;

7. the need for including in a scheduling order or other pretrial order any agreements that the parties have reached for asserting claims of privilege or of work-product protection after such information has been produced;

8. the need for orders addressing the preservation of potentially discoverable information;

9. the identification of witnesses and documents, the need and schedule for filing and exchanging pretrial briefs, and the date or dates for further conferences and for trial;

10. the possibility of settlement or the use of extra judicial procedures to resolve the dispute;

11. the form and substance of the pretrial order;

12. the disposition of pending motions;

13. the need for adopting special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, difficult legal questions, or unusual proof problems; and,

14. such other matters as may aid in the disposition of the action.

H. Final Pretrial Conference. Any final pretrial conference shall be held as close to the time of trial as is reasonable under the circumstances. The participants at any such conference shall formulate a plan that will streamline the trial, including a program for facilitating the admission of evidence. The conference shall be attended by at least one of the attorneys who will conduct the trial for each of the parties, unless a substitute attorney is authorized by the Court, and by any unrepresented parties.

I. Pretrial Orders. After any conference held pursuant to this rule, an order shall be entered reciting the action taken. This order shall control subsequent course of the action unless modified by a subsequent order. The order following a final pretrial conference shall be modified only to prevent manifest injustice. The order shall substantially conform to the form adopted by the Oklahoma Supreme Court. The District Court may modify the form if necessary to include additional claims between the parties or as otherwise necessary to fit the needs of the case.

The pretrial order shall include the results of the conference and advice to the court regarding the factual and legal issues, including details of material evidence to be presented. The order shall also present all questions of law in the case. All exhibits must be marked, listed and identified in the pretrial order. If there is objection to the admission of any exhibits, the grounds for the objection must be specifically stated. Absent proper objection, the listed exhibit is admitted when offered at trial or other proceeding. Attorneys for all parties will approve the order. A proposed pretrial order which is submitted electronically or otherwise may be finalized at the pretrial conference or as directed by the court. The final order shall be presented to the District Court for signature. If the applicable jury fee has not been paid at the time of the pretrial conference as required by 28 O.S. § 152.1 (B), then the court may find that the trial will be held without a jury. The contents of the pretrial order shall supersede the pleadings and govern the trial of the case unless departure therefrom is permitted by the Court to prevent manifest injustice.

[[Editorial comment to the Court from the e-Courts Committee: The above revision conforms with §152.1(B), requiring payment of the jury fee by the time of pretrial conference. This is intended to be a reminder that the court should be aware of the status of that payment, whether the fee is paid electronically or otherwise. This solution prevents expensive configuration of the system to ensure the receipt of the jury trial fee.]]

J. Default. Failure to prepare and file a scheduling order or pretrial order, failure to appear at a conference, appearance at a conference substantially unprepared, or failure to participate in good faith may result in any of the following sanctions:

1. the striking of the pleading;

2. a preclusion order;

3. staying the proceeding;

4. default judgment;

5. assessment of expenses and fees (either against a party or the attorney individually);

6. or such other order as the Court may deem just and appropriate.

K. After Pretrial. After pretrial, if additional exhibits or writings are discovered, the party intending to use them shall immediately mark them for identification and furnish copies to opposing counsel. These shall be deemed admitted unless written objection is served and filed within ten (10) days of receipt, stating the specified grounds for objection. If additional witnesses are discovered, opposing counsel shall be notified immediately in writing and furnished their names, addresses and the nature of the testimony. Copies of the additional documents, exhibits, writings, or list of witnesses shall also be mailed to the Clerk of the Court to be filed in the case. No exhibit or witness may be added to the final pretrial order once the same has been prepared and signed and filed by the Court without a showing to the Court that manifest injustice would be created absent such amendment. if the party requesting the addition of such evidence or testimony was not permitted to add such final pretrial order.

L. Settlement Conferences. The Court, may upon its own motion or at the request of any of the parties, order a settlement conference at a time and place to be fixed by the Court. A judge other than the trial judge will normally preside at such settlement conference. At least one attorney for each of the parties who is fully familiar with the case and who has complete authority to settle the case shall appear for each party. If no attorney has complete settlement authority, the party or person with full settlement authority shall also attend the settlement conference. The settlement conference judge may allow the party having full settlement authority to be telephonically available, if justifiable cause is shown why attendance in person would constitute a hardship. The parties, their representatives and attorneys are required to be completely candid with the settlement conference judge so that he may properly guide settlement discussions, and the failure to attend a settlement conference or the refusal to cooperate fully within the spirit of this Rule may result in the imposition of any of the sanctions mentioned in Paragraph J of this Rule. The judge presiding over the settlement conference may make such other and additional requirements of the parties as to him shall seem proper in order to expedite an amicable resolution of the case. The settlement judge will not discuss the substance of the conference with anyone, including the judge to whom the case is assigned.

SCHEDULING ORDER

IN THE DISTRICT COURT, _____________ JUDICIAL

DISTRICT, _______________ COUNTY

STATE OF OKLAHOMA

_______________________

)

_______________________

Plaintiff,

)

No._________________

v.

)

_______________________

)

_______________________

Defendant.

)

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: _______________. (Jury Fee must be paid by time of pre-trial conference. 28 O.S. § 152.1 (B))

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

______________________

______________________

Attorney for _________

PRE-TRIAL CONFERENCE ORDER

IN THE DISTRICT COURT
_________________________ COUNTY
STATE OF OKLAHOMA

_______________________

)

_______________________

Plaintiff,

)

No._________________

v.

)

_______________________

)

_______________________

Defendant.

)

PRE-TRIAL CONFERENCE ORDER

1. Appearances:

2. General Statement of Facts:

3. Plaintiff's Contentions:

A. List All Theories of Recovery and the Applicable Statutes, Ordinances, and Common Law Rules Relied Upon.

B. List Damages or Relief Sought.

4. Defendant's Contentions:

List All Theories of Defense and the Applicable Statutes, Ordinances, and Common Law Rules Relied Upon.

5. Defendant's Claims for Relief:

List Any Claims of Relief Sought (By Cross-Claim, Counterclaim, or Set-Off), and the Applicable Statutes, Ordinances, and Common Law Rules Relied Upon.

6. Miscellaneous:

A. Is Jury Waived? (If not, Jury Fee must be paid by time of pre-trial conference. 28 O.S. § 152.1(B))

B. Is Additional Discovery Requested?

C. A trial brief (is/is not) required by the

Court.

Due by: __________.

D. Other Matters:

7. Plaintiff's Exhibits:

A. List by Number and Description.

B. As to Each Numbered Exhibit, State Any Objection and Its Basis.

8. Defendant's Exhibits:

A. List by Number and Description.

B. As to Each Numbered Exhibit, State Any Objection and Its Basis.

9. Plaintiff's Witnesses: List Names, Addresses, and Substance of Testimony.

10. Defendant's Witnesses: List Names, Addresses, and Substance of Testimony.

11. Requested Jury Instructions Due By: _________

12. Estimated Trial Time:

13. Stipulations:

14. Settlement: Has the Possibility of Settlement Been Explored?

15. TRIAL DATE SET FOR: ______ _.m., ________, 20__.

Dated: __________________________________

Judge of the District Court

Approved:

______________________

______________________

Attorney for Plaintiff

______________________

______________________

Attorney for Defendant

______________________

______________________

Attorney for _________

Rule 6. Voir Dire Examination.

The judge shall initiate the voir dire examination of jurors by identifying the parties and their respective counsel. He may outline the nature of the case, the issues of fact and law to be tried, and may then put to the jurors any questions regarding their qualifications to serve as jurors in the cause on trial. The parties or their attorneys shall be allowed a reasonable opportunity to supplement such examination. Counsel shall scrupulously guard against injecting any argument in their voir dire examination and shall refrain from asking a juror how he would decide hypothetical questions involving law or facts. Counsel shall avoid repetition, shall not call jurors by their first names or indulge in other familiarities with individual jurors, and shall be fair to the court and opposing counsel.

Rule 7. Motions to Confirm Sales.

No confirmation of sheriff's or receiver's sale shall be made by the court until a period of three (3) days shall have elapsed following the sale.

Rule 8. Divorce, Separate Maintenance and Annulment Cases; Waivers.

No divorce, separate maintenance or annulment case shall be heard on its merits until the petition shall have been on file for at least ten (10) days if there are no minor children of the parties or at least thirty (30) days if there are minor children of the parties, except in the case of an emergency duly shown by application setting forth good cause, in the opinion of the trial court, for an earlier hearing. All entries of appearance and waivers must be in writing, must be duly signed and witnessed or acknowledged at least one (1) day after the filing of the petition, and must be filed in the action. When an entry of appearance and waiver is filed as provided herein, the court shall not grant greater relief than is requested in the petition unless the defendant consents in writing filed in the action.

Rule 8.1. Payment of Certain Fees and Costs Through Office of the Court Clerk.

No judicial order, judgment or decree shall direct the payment of attorney fees, child support, alimony, temporary support or any similar type payment through the office of the Court Clerk, except in the case of necessity duly shown by evidence presented to the court. All such payments when ordered to be paid through the office of the court clerk, shall be made only by money order, government check or cashier's check payable to the payee to receive such payment. The court clerk shall make an entry of such payment on the appearance docket, then transmit the money order, government check or cashier's check to the payee in accordance with 43 O.S. § 13612 O.S.1981 § 1290. Such payments shall not be subject to the poundage fee. This rule shall be effective for all orders issued after March 13, 1981, and all prior orders unless such prior orders expressly provide otherwise.

Rule 8.2. Decrees, Orders or Judgments Affecting Indian Children - Compliance with Certain Laws.

All decrees of adoption, divorce or separate maintenance where custody of a minor Indian child or children is given to a third party, all orders of adjudication in juvenile proceedings, termination of parental rights and all final orders in Habeas Corpus and guardianship of the person proceedings resulting in the adjudication of status, custody or wardship of minor children, shall contain a finding of compliance with 25 U.S.C.A. 1901 et seq. (Indian Child Welfare Act of 1978) and 43 § 551.101 et seq. (Uniform Child Custody Jurisdiction and Enforcement Act),

The trial court shall in all such proceedings make findings of fact as to the child's correct, full legal name and date of birth and all instruments memorializing such decrees, orders and judgments shall recite the findings required hereby. See 25 U.S.C.A. 1901 et seq. (Indian Child Welfare Act of 1978).

Rule 8.3. Indirect Contempt for Failure to Pay Child Support - Purge Fee

When a person is found guilty of indirect contempt of court for failure to pay child support, day care expenses or unreimbursed medical, dental, orthodontic, psychological, optometric, or any other physical or mental health expenses, that person may purge the contempt by:

(a)Making all future payments for child support, day care expenses and unreimbursed medical, dental, orthodontic, psychological, optometric, or any other physical or mental health expenses as required by the current order for child support; and

(b) (1) paying the full amount of the arrearage, or some portion thereof, as a lump sum if the court determines the contemnor has the financial ability to do so, and

(2) if the full amount of the arrearage is not paid in a lump sum, then by making additional monthly payments in an amount equal to one-half of the current monthly child support obligation, exclusive of day care expenses.

All payments made pursuant to this Subsection (b)(2) shall be applied to reduce the amount of child support arrearage which was the subject of the contempt action. Payments made in accordance with the provisions of this Subsection (b)(2) shall bear interest as set forth in Title 43 O.S. § 114.

(c) The total amount of the payments required to be made pursuant to Subsections (a) and (b) above shall not exceed 40% of the contemnor's current gross monthly income. For purposes of this Subsection, the contemnor's gross income shall be determined in accordance with the child support provisions contained in Title 43. If the total amount of the payments required to be made pursuant to Subsections (a) and (b)(2) above exceeds 40% of the contemnor's gross monthly income, then the amount required to be paid under Subsection (b)(2) above shall be reduced such that the total payments required under Subsections (a) and (b)(2) shall equal 40% of the contemnor's gross monthly income. If application of this Subsection (c) creates a payout schedule which exceeds three years, then the terms and provisions of Title 43 O.S. § 137C shall apply.

(d) The payments required to be made pursuant to this section shall continue until the child support arrearage, which was the subject of the contempt action, has been paid in full, at which time the contempt shall be deemed purged.

(e)If a contemnor is committed to the custody of the sheriff to serve the sentence imposed by the court, the contemnor may thereafter only be discharged from the custody of the sheriff:

(1) upon payment in full of the adjudicated arrearage; or

(2) upon serving the full sentence; or

(3) upon the making of a subsequent agreement by the parties as to payment of the arrearages, which agreement has been approved by the court and entry of a court order that the contemnor be released from the custody of the sheriff with the balance of the sentence to be conditionally suspended, subject to performance of the terms of the agreement and the provisions of the court order for release. Persons incarcerated pursuant to the provisions of this Section shall not be entitled to credit for good time, blood time, trustee time, or any other credit for time served. Persons incarcerated pursuant to the provisions of this section shall serve flat time in all cases.

Rule 9. Diligence in Prosecution This rule was stricken by the Oklahoma Supreme Court, 2013 OK 30, eff. April 23, 2013.

a. In any case in which summons is not issued or waiver filed within ninety (90) days after the filing of the petition, or alias summons is not issued within thirty (30) days after return of the summons not served, the action may be dismissed by the court without notice to the plaintiff.

b. Where an action is not diligently prosecuted, the court may require the plaintiff to show why the action should not be dismissed. If the plaintiff does not show good cause why the action should not be dismissed, the court shall dismiss the action without prejudice. A court shall dismiss actions in which no action has been taken for a year as provided in 12 O.S.1981 § 1083.

Rule 10. Notice of Taking Default Judgment.

In matters in default in which an appearance, general or special, has been made or a motion or pleading has been filed, default shall not be taken until a motion therefore has been filed in the case and five (5) days notice of the date of the hearing is mailed or delivered to the attorney of record for the party in default or to the party in default if he is unrepresented or his attorney's address is unknown. If the addresses of both the party and his attorney are unknown, the motion for default judgment may be heard and a default judgment rendered after the motion has been regularly set on the motion and demurrer docket. It shall be noted on the motion whether notice was given to the attorney of the party in default, to the party in default, or because their addresses are unknown, to neither. Once a party or an attorney provides an email address for service in a specific case in accordance with the Rules for Electronic Filing in the Oklahoma Courts, the provided email address shall serve as the appropriate address for purposes of notice as required by this rule, unless the filer is informed that the electronic transmission failed. See Rules for Electronic Filing in Oklahoma Courts. 2012 OK 61

Notice of taking default is not required where the defaulting party has not made an appearance. Also, notice of taking default is not required in the following cases even if the defaulting party has made an appearance: 1) Any case, whether a matrimonial action or otherwise, in which waiver of summons and entry of appearance has been filed; 2) any case prosecuted under the small claims procedure for money judgment or possession of personal property; 3) any forcible entry and detainer case, whether or not placed on the small claims docket; 4) any probate or juvenile proceeding; 5) any case that is at issue and has been regularly set on the trial docket in which neither the other party nor his or her attorney appears at the trial; 6) any case as to any party who has filed a disclaimer; 7) any garnishment proceeding; and 8) any statutory proceeding following the rendition of final judgment in a case, including but not limited to, enforcement proceedings, or proceedings initiated by a motion or delayed petition for new trial, or by any motion, petition or application to correct, open, modify or vacate the judgment, whether filed in the same action or as a separate action.

Rule 11. Judges; Uniformity of Rulings.

When a question of law, fact or procedure has been presented to a judge, the same question, so far as it relates to the same case, shall not thereafter knowingly be presented to another judge sitting in the district without apprising the subsequent judge of the former judge's ruling or, if no ruling has been made, that such question has already been presented to the first judge. Where this rule has been violated, an order that is issued by the second judge may be vacated by him at any time before the entry of a final judgment.

Rule 12. Withdrawn.

This rule was withdrawn by order of October 30, 1984, effective November 1, 1984.

Rule 13. Summary Judgment.

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 or filed with 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, or file with, the statement evidentiary material justifying the opposition to the motion, but may incorporate by reference material attached to or filed with 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 in writing by mail by mail or email.

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.

Rule 14. Withdrawn.

This rule was withdrawn by order of October 30, 1984, effective November 1, 1984.

Rule 15. Disqualification of Judges in Civil and Criminal Cases.

a. Before filing any motion to disqualify a judge, an in camera request shall first be made to the judge to disqualify or to transfer the cause to another judge. If such request is not satisfactorily resolved, not less than ten (10) days before the case is set for trial a motion to disqualify a judge or to transfer a cause to another judge may be filed and a copy delivered to the judge.

b. Any interested party who deems himself aggrieved by the refusal of a judge to grant a motion to disqualify or transfer a cause to another judge may re-present his motion to the Chief Judge of the county in which the cause is pending or, if the disqualification of a Chief Judge is sought, to the Presiding Judge of the administrative district by filing in the case within five (5) days from the date of said refusal a written request for re-hearing. A copy of the request shall be mailed or delivered to the Chief Judge or Presiding Judge, to the adverse party and to the judge who entered the original order. If the hearing before the second judge results in an order adverse to the movant, he shall be granted not more than five (5) days to institute a proceeding in the Supreme Court or the Court of Criminal Appeals for a writ of mandamus. Neither the Supreme Court nor the Court of Criminal Appeals will entertain an original proceeding to disqualify a judge or to direct a judge to transfer a cause to another judge unless it is shown that the relief sought was previously denied by the judge to whom the matter was re-presented in accordance with this rule. An order favorable to the moving party may not be reviewed by appeal or other method.

c. An original proceeding in mandamus to disqualify a judge in a civil action or proceeding shall be brought in the Supreme Court; an original proceeding in mandamus to disqualify a judge in a criminal case or proceeding shall be brought in the Court of Criminal Appeals. If mandamus is not brought in the appellate court designated as proper by this rule, the case will be transferred to the proper court either on motion or sua sponte. Art. VII, § 4 Okla. Const.

Rule 16. Default Judgment Against Defendant Served Solely By Publication.

When a default judgment sought in any action against a party-defendant who was served solely by publication (i.e., upon whom no notice by mailing was effected), the judge shall conduct an inquiry either in open court or in chambers to determine judicially whether plaintiff, or someone acting in his behalf, did make a diligent and meaningful search of all reasonably available sources at hand and failed to ascertain from it the following data:

(a) the whereabouts or mailing address of every person named as defendant who was so served in the action; or if publication service was directed in the alternative to a named defendant if living, or if dead, to the "unknown heirs, executors, administrators, trustees, devisees and assigns, if any;"

(b) the whereabouts or mailing address of every person named as defendant if living;

(c) whether such person is living or dead;

(d) and if dead, the individual identity and whereabouts of his "heirs, executors, devisees, trustees or assigns, if any;" or if publication service was directed to the unknown heirs, executors, administrators, devisees, trustees and assigns, immediate and remote, of a deceased person;

(e) the individual identity and whereabouts or mailing address of persons who were so served; or if publication service was directed to the unknown successors, trustees or assigns, if any, of any dissolved corporation; or to the unknown successors of any party designated in any record as a trustee; or to the unknown holders of special assessment or improvement bond, sewer warrant or tax bill; or to any corporation whose continued legal existence is alleged to be in doubt but the fact of its dissolution is not known;

(f) the individual identity and whereabouts or mailing address of such unknown successors, trustees, etc. of any dissolved corporation;

(g) the individual identity and whereabouts or mailing address of any successor of one designated in any record as trustee;

(h) the individual identity and whereabouts or mailing address of any holders of special assessment or improvement bond, sewer warrant or tax bill;

(i) whether the corporate defendant continues to have legal existence or not; whether it has officers or not, and the officers' individual identity and whereabouts or mailing address; or the identity and whereabouts or mailing address of successors, trustees or assigns, if any, if defendant corporation was in fact dissolved.

At the inquiry required by this rule plaintiff should show by competent evidence that all reasonably available sources, where applicable, were in fact searched and failed to yield the information necessary to establish;

(a) the whereabouts or mailing address of the named defendant;

(b) or the individual identity and whereabouts or mailing address of his heirs, successors, etc.;

(c) or the status of a corporation and the whereabouts of its officers or successors.

In all cases affecting interest in or title to land, the following shall be searched as primary sources:

(a) local assessor's records

(b) local county treasurer's records

(c) local deed records as to the property involved for return address on recorded instruments

(d) local probate records if applicable.

An evidentiary affidavit by a bonded abstractor detailing the records and other sources searched by him and the information yielded by the search may be admitted as evidence at the inquiry conducted in compliance with this rule. 12 O.S. § 431.

If, after hearing the evidence the judge finds that plaintiff did in fact exercise due diligence in conducting a meaningful search, the following recitation should be included in the journal entry of judgment:

"The Court conducted a judicial inquiry into the sufficiency of plaintiff's search to determine the names and whereabouts of the defendants who were served herein by publication, and based on the evidence adduced the Court finds that plaintiff has exercised due diligence and has conducted a meaningful search of all reasonably available sources at hand. The Court approves the publication service given herein as meeting both statutory requirements and the minimum standards of state and federal due process."

Rule 17. Motion for New Trial

A motion for a new trial must contain every ground on which the moving party intends to rely in the trial court. Each error, including error in the giving or refusal to give specified instructions irregularity, abuse of discretion, misconduct, accident, surprise and other ground on which the moving party is relying to obtain a new trial, must be separately stated with specificity except that errors in the admission and exclusion of evidence may be asserted under the statement of errors in the admission and exclusion of evidence without such errors being separately stated. Where the moving party is relying on the Fourth or Fifth ground of Section 651 of Title 12, he must indicate whether the damages are excessive or inadequate or are too large or too small.

At the hearing on the motion or on appeal the movant may not rely on errors which are not fairly embraced in the specific grounds stated in the timely-filed motion for new trial. Ark. La. Gas Co. v. Travis, 1984 OK 33, 682 P.2d 225; Fed. Corp. v. Indep. Sch. Dist. No. 13, 1978 OK CIV APP 55, 606 P.2d 1141. Lack of specificity in any ground of a timely-filed new-trial motion will be regarded as effectively cured where the record shows that, at the hearing on that motion, without any objection by the opposite party the movant precisely identified each error or point of law which is fairly comprised in the defective general ground or grounds of the motion. Horizons, Inc. v. Keo Leasing Co., 1984 OK 24, 681 P.2d 757; Huff v. Huff, 1984 OK 51, 687 P.2d 130.

A motion seeking reconsideration, re-examination, rehearing or vacation of a judgment or final order, which is filed within 10 days of the day such decision was rendered, may be regarded as a new trial motion. Horizons, Inc. v. Keo Leasing Co., 1984 OK 24, 681 P.2d 757. After expiration of the statutory time for filing a motion for new trial, a timely-filed motion may be amended to clarify the grounds originally set out but not to set up new and independent grounds. Ark. La. Gas Co. v. Travis, 1984 OK 33, 682 P.2d 225.

A motion, however styled, which is filed after the expiration of ten days following the decision is ineffective as a motion for new trial and will not extend appeal time. 12 O.S. § 653. Sellers v. Oklahoma Publ’g Co., 1984 OK 11, 687 P.2d 116; Minn. Mining & Mfg. Co. v. Smith, 1978 OK 99, 581 P.2d 31.

It is not necessary for the moving party to except to the rulings of the court either before, during, or after the trial, but he must have made known to the court the action which the court should take or the party's ground for objecting to the action of the court. See 12 O.S. § 631.

Rule 18. Parole Revocation - Juveniles

In parole revocation proceedings involving juveniles, the juvenile division of the district court may aid the administrative process of the Department of Human Services. In so acting, the court shall: 1) advise the juvenile, his parents, custodians or guardians, of their rights in the premises; 2) determine eligibility for and amount of bail; 3) decide any intermediate custody issue; and 4) establish eligibility for appointment of counsel and fix the amount of his compensation to be paid by the court fund. The court shall also timely issue such other orders as may be necessary to assure due process and fair treatment, including but not limited to issuance of compulsory process for the attendance of witnesses.

This rule shall not preclude the district court from acting concurrently with parole revocation proceedings in the exercise of its own jurisdiction nor shall it prevent a new petition from being brought on allegations identical to those on which parole is sought to be revoked.

Rule 19. Vacation of Final Judgments.

a. In any proceeding to vacate, modify or reopen a final judgment that is commenced more than thirty days after its rendition, (1) proceeding by motion instead of by petition or by petition instead of by motion, or (2) failure to verify the petition, or (3) incorrect service of process or the required notice is waived if the opposing party appears in the proceeding but does not immediately object thereto; and such defects are waived by any party in default who had actual notice of the proceeding.

b. In any proceeding to vacate, modify or reopen a judgment, whether by a motion, petition or application, jurisdictional grounds are not waived by being joined with nonjurisdictional grounds in the motion, petition or application or by raising nonjurisdictional defenses in an accompanying pleading.

Rule 20. Direct Contempt.

1. Power of the Court. The court has the power to punish any contempt in order to protect the rights of the parties and the interests of the public by assuring that the administration of justice shall not be thwarted. The trial judge has the power to cite and if necessary punish summarily anyone who, in his presence in open court, willfully obstructs the court or judicial proceedings after an opportunity to be heard has been afforded.

2. Admonition and Warning. No sanction other than censure should be imposed by the trial judge unless (i) it is clear from the identity of the offender and the character of his acts that disruptive conduct was willfully contemptuous, or (ii) the conduct warranting the sanction was preceded by a clear warning that the conduct is impermissible and that specified sanctions may be imposed for its repetition.

3. Notice of Intent to Use Contempt Power; Postponement of Adjudication. (a) The trial judge should, as soon as practicable after he is satisfied that courtroom misconduct requires contempt proceedings, inform the alleged offender of his intention to institute such proceedings. (b) The trial judge should consider the advisability of deferring adjudication of contempt for courtroom misconduct of a defendant, an attorney or a witness until after the trial, and should defer such a proceeding unless prompt punishment is imperative.

4. Notice of Charges and Opportunity to Be Heard. Before imposing any punishment for contempt, the judge should give the offender notice of the charges and at least a summary opportunity to adduce evidence or argument relevant to guilt or punishment.

5. Referral To Another Judge. The judge before whom courtroom misconduct occurs may impose appropriate sanctions, including punishment for contempt, but should refer the matter to another judge, if his conduct was so integrated with the contempt that he contributed to it or was otherwise involved, or his objectivity can reasonably be questioned.

Rule 21. Notice Form for Condemnation Cases.

In compliance with 66 O.S. § 55 and 69 O.S. §§1203 and 1708 the following form is approved for use in condemnation cases:

IN THE DISTRICT COURT

IN ___________ COUNTY,

STATE OF OKLAHOMA

____________________________

)

Plaintiff,

)

)

No. _____________________

____________________________

)

Defendant

)

NOTICE IN CONDEMNATION PROCEEDING

TO: (Here list the name and mailing address of the condemnor's lawyer and of each condemnee's lawyer, as well as the name and mailing address of each unrepresented condemnee.)

You will take notice that court-appointed commissioners (appraisers) filed in this case their report on ______________, 1920_____.

A copy of this report, as it pertains to the tract in which you have an interest, is attached to this notice.

If you wish to present a legal challenge to the attached report or contest the condemnor's right to take, you or your lawyer must file a written exception to it in this office at the courthouse not later than thirty (30) days after the date the attached report was filed. Should you desire a jury trial on the amount of damages to be awarded, you or your lawyer must file a written demand for it in this office at the courthouse not later than sixty (60) days after the date the attached report was filed.

You are advised that in computing the time limits for filing the papers mentioned in this notice the date the commissioners' report was filed is to be excluded and the last day of the prescribed period included.

If you fail to file an exception to the attached report or a demand for jury trial within the time limits given in this notice, your property that is

sought to be taken in this case may pass to the condemnor for the amount stated in the attached commissioners' report.

____________________________

(name of town and date of notice)

____________________________

(name of Court Clerk)

Court Clerk of __________________ County

By ______________________________

(Deputy)

I certify that copy hereof, together with a copy of the Report of Commissioners, was mailed by me this date, postage prepaid, to each of the persons herein named at the address above indicated which is the last known address of each of them; and

I certify that a copy hereof was published one (1) time in the ____________ on the __________ day of ________________ 1920____.

_______________________________________

________________________________________

(Date)

(Deputy)

(INSTRUCTIONS: The certificate shown at the bottom of this form is to be added only on the original that is filed by the clerk in the case; copies of this notice to be used for mailing or publishing shall not show this certificate. It is not necessary to publish a copy of this notice if no party was served by publication.)

Rule 22. Garnishee Summons.

The issuing authority for a Garnishee Summons shall be determined as follows:

Prejudgment Garnishment

The judge shall be the issuing authority when:

1. Plaintiff prevails at a hearing on defendant's written objection to Notice of Issuance of Garnishee Summons. 12 O.S. §§ 1172.1(A)(3) and 1173.

2. The court determines the defendant cannot be given Notice of Issuance of Garnishee Summons and the plaintiff proves the probable merits of his cause and the truth of his Affidavit's Assertions. 12 O.S. §§ 1172.1(b) and 1173.

The court clerk shall be the issuing authority when:

1. The defendant, who was served with notice, files no written objection to Issuance of Garnishee Summons. 12 O.S. § 1172.1(A)(2).

Postjudgment Garnishment

The court clerk shall be the issuing authority in all instances as no hearing is contemplated. 12 O.S. § 28.

Rule 23. Orders of Attachment.

The issuing authority for Orders of Attachment shall be determined as follows:

A judge of the court in which the principal action is brought shall issue the Order of Attachment when:

a. There has been filed in the office of the court clerk an application therefore, meeting the requirements of 12 O.S. § 1152(1) and (2);

b. The defendant has been served with notice provided for in 12 O.S. § 1152(3), together with a copy of the above application;

c. Either the plaintiff prevails at a hearing held on defendant's written objection to the application for the order, or the court determines at a hearing that the defendant could not be given notice of the application for the order and at the hearing the plaintiff also proves the probable merits of his cause and the truth of the assertions in the application for the order, all as provided for in conformity with 12 O.S. § 1152(3), (4) and (5); and

d. The bond, if any, required by 12 O.S. § 1153, has been filed.

The clerk of the court in which the principal action is brought shall issue the Order of Attachment only when:

1. Steps (a), (b) and (d) above have been completed, and

2. The defendant, having been given notice as required by 12 O.S. § 1152(3), files no written objection as provided for by the statute.

Rule 24. Legislative Continuances.

In all civil and criminal cases, the trial court shall grant the legislator-lawyer a continuance under following conditions:

1. If the case is set for hearing or trial during the session of the legislature; and

2. A written motion for continuance was filed in the case a reasonable time before its court setting and a copy of that motion was served upon opposing counsel, with notice having been given to the assigned judge; and

3. The litigant, in whose behalf the continuance is sought, is a bona fide client of the legislator-lawyer; and

4. The motion for continuance is made in good faith.

5. In criminal cases, if (a) the incarcerated defendant has given his written consent to the continuance sought and (b) the legislator-lawyer was retained as counsel to try the matter on its merits and not primarily for the purpose of obtaining a continuance as a legislator.

When a litigant already having counsel of record, thereafter retains a legislator-lawyer as co-counsel or as additional counsel in the case, who seeks a legislative continuance, the trial court may rule such motion outside the scope of these guidelines.

Rule 25. Revoked

Revoked eff. November 18, 1982.

Rule 26. Transcripts in Criminal Cases.

The delivery of transcripts in criminal cases where the fee for making the transcript is paid in the first instance by the State of Oklahoma or by a defendant shall be handled as provided by 20 O.S. § 106.4a. In addition to the copies which are required to be filed by § 106.4a a party who desires a copy shall be furnished a copy by the court reporter upon payment of the costs for that copy by said party.

Rule 27. Matters Taken Under Advisement and Service of Orders and Judgments.

In any matter taken under advisement, a decision shall be rendered within sixty (60) days of the date on which the matter was taken under advisement or, if briefs are to be submitted, within sixty (60) days of the date of the filing of the final brief.

When a trial court takes a matter under advisement, the judge shall specify the date by which a decision shall be rendered. If briefs are to be submitted, the dates for filing such shall also be specified.

The Chief Justice may extend the deadline for a decision upon sworn application for an extension of time of the trial judge setting forth with specificity the reasons therefor.

Upon entering and filing the decision with the court clerk, in a matter taken under advisement, it shall be the duty of the judge to see that file-stamped copies of the minute order or judgment setting out such decision are mailed by the court clerk to counsel in the case and to any party appearing pro se.

The court may direct a party to mail file-stamped copies of the judgment or order to the other parties. 12 O.S. Supp.1990 §§ 696.2, 696.31002(B)(2), 1004.

The copies of the order or judgment mailed under this rule shall bear the notation of the date of mailing, and the clerk or party mailing shall file a certificate of mailing with the district court clerk. 12 O.S. Supp.1990 § 696.21002.

Rule 28. Instructing as to Issues of Fact.

It is the duty of the trial judge to determine the issues in a civil case and to inform the jury in clear and succinct language what the issues of fact are that are being submitted to them for their decision. The judge should not require the jury to determine the issues of fact from the pleadings, and the judgehe should not set out the pleadings in the instructions in whole or in part.

See Lambard-Hart Loan Co. v. Smiley, 1925 OK 701, supp op on rh’g ¶¶ 6-7, 242 P. 212, 214; Marathon Battery Co. v. Kilpatrick, 1965 OK 212, ¶ 62, 418 P.2d 900, 915.

Rule 29. Indigent Defendant in Civil Contempt Action - Right to Counsel - Attorney Fees.

In a civil contempt action which may result in the incarceration of a defendant who appears without counsel, the court must inform the defendant that he has a right to counsel and that if he is financially unable to employ counsel and desires such, the court must assign counsel to defend him. Only after receiving notice of this right, can the defendant knowingly and intelligently waive his right to counsel.

A defendant who desires counsel and can establish indigency under the normal standards for appointment of counsel in a criminal case, shall have an attorney appointed to represent him.

The attorney shall represent the defendant until final disposition of the civil contempt action and shall receive compensation, payable from the local court fund, in an amount set by the trial court, not to exceed the following amounts:

For a non-jury trial

$100.00

For a jury trial

$250.00

See Walker v. McLain, 768 F.2d 1181 (10th Cir.1985).

Rule 30. Standards for Recognition of Judicial Proceedings in Tribal Courts-Full Faith and Credit

A. Standards

(1) "Tribal Court" means any court or constitutionally established tribunal of any federally recognized Indian nation, tribe, pueblo, band, or Alaska Native village, duly established under federal law or tribal law, including Courts of Indian Offenses organized pursuant to Title 25, Part 11 of the Code of Federal Regulations.

(2) "Judicial Officer" means any judge, justice, magistrate or other officer duly seated and authorized under federal or tribal law to resolve disputes and enter tribal judgments in a tribal court.

(3) "Tribal Judgment" means any final written judgment, decree or order of a tribal court duly signed by a judicial officer and filed in a Tribal Court.

B. Recognition of Tribal Judgments-Full Faith and Credit

The district courts of the State of Oklahoma shall grant full faith and credit and cause to be enforced any tribal judgment where the tribal court that issued the judgment grants reciprocity to judgments of the courts of the State of Oklahoma, provided, a tribal court judgment shall receive no greater effect or full faith and credit under this rule than would a similar or comparable judgment of a sister state.

C. Listing of Tribal Courts Granting Reciprocity

A list of the tribal courts that grant full faith and credit to the courts of the State of Oklahoma shall be maintained by the Administrative Office of the Courts. Any tribal court may provide the Administrative Office of the Courts a copy of the tribal ordinance, statute, court rule or other evidence that demonstrates that the tribal court grants reciprocity to the courts of the State of Oklahoma.

D. Filing of Tribal Judgments

A copy of any tribal judgment authenticated in accordance with the applicable act of Congress or of the statutes of this state or the law of the tribe may be filed in the office of the district court clerk of any county of this state. The district court clerk shall treat the tribal judgment in the same manner as a judgment of the district court of any county of this state which may be enforced or satisfied in like manner.

E. Notice of Filing

(1) At the time of the filing of the tribal judgment with the district court clerk, the party filing the judgment or that party's attorney shall make and file with the district court clerk an affidavit setting forth the name and last-known address of all parties in the action, including the name and last-known address of any party's attorney.

(2) Promptly upon the filing of the tribal judgment and the affidavit, the district court clerk shall mail notice of the filing of the tribal court judgment to the party against whom the judgment was rendered at the address given and shall make a note of the mailing in the docket. The notice shall include the name and address of the party filing the judgment, and that party's attorney, if any. In addition, the party filing the judgment shall mail a notice of the filing of the judgment to the party against whom judgment was rendered and shall file an affidavit proving the mailing of the notice with the district court clerk within ten (10) days of the date that the tribal judgment was filed with the district court clerk. Failure of the district court clerk to mail the notice of filing of the judgment shall not affect the enforcement proceedings if an affidavit proving the mailing of the notice has been filed by the party filing the judgment.

(3) No execution or other process for enforcement of a tribal court judgment filed hereunder shall issue until the affidavit proving the mailing of the notice has been filed with the district court clerk, and twenty (20) days have expired from the date the judgment was filed in the district court.

Rule 31. Guidelines for Filers

A. Responsibility of Filer

The responsibility for following the guidelines set forth below rests solely with counsel, the parties, or any other filer. The Clerk of the Court shall not have any duty to review documents for compliance with this rule. If a filer includes personal identifier information such as Social Security numbers, Tax Identification numbers, Financial Account numbers, Driver's License numbers, dates of birth, addresses or other sensitive information, in any document filed with the courts, electronically or otherwise, the document becomes a public record as filed.

B. Applicability of the Rule

This Rule does not apply in felony cases, misdemeanor cases, traffic ticket cases, or any other cases where statutory law or Rules and Forms promulgated by the Court of Criminal Appeals require the inclusion of the complete personal identifier number.

C. Personal Identifier Information

Unless otherwise ordered or as otherwise provided by law, every filer, whether filing electronically or otherwise, may limit the following information in all pleadings, papers, exhibits or other documents:

1. Social Security Numbers: A social security number may include only the last four digits.

2. Taxpayer Identification Numbers: A taxpayer identification number may include only the last four digits.

3. Financial Account Numbers: A financial account number may include only the last four digits.

4. Driver's License: A driver's license number may include only the last four digits.

D. Confidentiality

Nothing in this rule shall impact the confidentiality of juvenile records or any other records the Legislature has determined are confidential.

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