IN RE AMENDMENT OF RULES 1.4 AND 1.23 OF OKLA. SUPREME COURT RULES

Summary

The Oklahoma Supreme Court amended Rules 1.4 and 1.23 of the Oklahoma Supreme Court Rules. The amendments address filing methods and timing, mailing and commercial-carrier filings, costs, copies, service, commencement of appeals, and in forma pauperis requirements, and became effective immediately.

Holdings

1. Rules 1.4 and 1.23 of the Oklahoma Supreme Court Rules are amended as set forth in the attached exhibits, effective immediately.
2. For petitions covered by Rule 1.4(c), the filing date may be established by the date of mailing shown by qualifying United States Postal Service proof or by the date a third-party commercial carrier receives the petition, provided the rule's addressing, postage, documentation, and delivery requirements are satisfied.
3. An appeal from a district court is commenced by timely filing a petition in error with the required copies and by timely remitting the statutory cost deposit or filing a qualifying in forma pauperis affidavit; the cost deposit or affidavit must be received within the same thirty-day period for filing the petition in error.

Questions Presented

1. Whether Rules 1.4 and 1.23 of the Oklahoma Supreme Court Rules should be amended.
2. What procedures should govern the filing date of petitions delivered by mail or third-party commercial carrier.
3. What cost-deposit, in forma pauperis, notice, and filing requirements apply to the commencement of appeals.

Disposition

other