IN RE: AMENDMENT TO THE OKLAHOMA SUPREME COURT RULES

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IN RE: AMENDMENT TO THE OKLAHOMA SUPREME COURT RULES
2014 OK 19
Decided: 03/24/2014

THE SUPREME COURT OF THE STATE OF OKLAHOMA

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

IN RE: AMENDMENT TO THE OKLAHOMA SUPREME COURT RULES, 12 O.S. Ch. 15, App. 1.

ORDER ADOPTING AMENDMENT TO OKLAHOMA SUPREME COURT RULES

¶1 The Court has reviewed the recommendation of the Oklahoma Supreme Committee for Uniform Jury Instructions that Oklahoma Supreme Court Rule 1.28 be amended to include new material designated as paragraph 1.28(l) and codified immediately following paragraph 1.28(k).

¶2 The hereby adopts new paragraph 1.28(l) for Supreme Court Rule 1.28,and it is therefore ordered, adjudged and decreed that paragraph 1.28(l), as set out herein shall be included and codified as paragraph 1.28(l) of Oklahoma Supreme Court Rule 1.28, 12 O.S.2001, Ch. 15, App., 1.

¶3 Paragraph 1.28(l) of Okla. Sup. Ct. R. 1.28 shall be effective sixty (60) days from the date this Order is filed with the Clerk of this Court.

¶4 New paragraph (l) of Okla. Sup. Ct. R. 1.28 shall state as follows:

Okla. Sup. Ct. Rule 1.28 (l) Juror questionnaires

(A) If appellate counsel designates the questionnaire of any juror, the Clerk of the District Court shall transmit the sealed original questionnaire(s) to the Clerk of the Supreme Court along with the rest of the appellate record. Only the attorneys of record on appeal may view the juror questionnaires at the office of the Oklahoma Supreme Court Clerk, and attorneys shall not remove the juror questionnaires from the custody of the Court. The attorneys of record on appeal may contact the Clerk to schedule a date and time when the questionnaires may be viewed. The sealed juror questionnaires may not be photocopied or removed from the Supreme Court Clerk office.

(B) After an appeal has been decided by this Court, or the Court has denied A petition for writ of certiorari, the Oklahoma Supreme Court Clerk shall continue to retain all questionnaires until the later of (1) the expiration of time for filing a petition for a writ of certiorari in the United States Supreme Court; or (2) the issuance of a notice of final disposition by the United States Supreme Court. See Okla. Sup. Ct. R. 1.16 and Sup. Ct. R. 45-46. Thereafter, the Oklahoma Supreme Court Clerk shall destroy all originals and photocopies of juror questionnaires.

(C) Briefs and motions shall not refer to jurors by name, but shall use initials or juror number instead.

DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THE 13TH DAY OF MARCH, 2014.

/S/CHIEF JUSTICE

Colbert, C.J., Reif, V.C.J., Kauger, Watt, Edmondson, Combs and Gurich, JJ., - concur,

Winchester, J. - concurs in result,

Taylor, J. - concurs in part and dissents in part.

I would adopt all of the recommendations of the OUJI-CIV committee.