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§12-990A.
§12-990A.
A. An appeal to the Supreme Court of Oklahoma, if taken, must be
commenced by filing a petition in error with the Clerk of the Supreme
Court of Oklahoma within thirty (30) days from the date a judgment,
decree, or appealable order prepared in conformance with Section 696.3
of this title is filed with the clerk of the trial court. If the
appellant did not prepare the judgment, decree, or appealable order,
and Section 696.2 of this title required a copy of the judgment,
decree, or appealable order to be mailed to the appellant, and the
court records do not reflect the mailing of a copy of the judgment,
decree, or appealable order to the appellant within three (3) days,
exclusive of weekends and holidays, after the filing of the judgment,
decree, or appealable order, the petition in error may be filed within
thirty (30) days after the earliest date on which the court records
show that a copy of the judgment, decree, or appealable order was
mailed to the appellant.
B. The filing of the petition in error may be accomplished either by
delivery or by certified mail with return receipt requested to the
Clerk of the Supreme Court. The date of filing or the date of mailing,
as shown by the postmark affixed by the post office or other proof
from the post office of the date of mailing, shall constitute the date
of filing of the petition in error. If there is no proof from the post
office of the date of mailing, the date of receipt by the Clerk of the
Supreme Court shall constitute the date of filing of the petition in
error.
C. The Supreme Court shall provide by rule, which shall have the force
of statute, and be in furtherance of this method of appeal:
1. For the filing of cross-appeals;
2. The procedure to be followed by the trial courts or tribunals in
the preparation and authentication of transcripts and records in cases
appealed under this act; and
3. The procedure to be followed for the completion and submission of
the appeal taken hereunder.
D. In all cases the record on appeal shall be complete and ready for
filing in the Supreme Court within the time prescribed by rule.
E. Except for the filing of a petition in error as provided herein,
all steps in perfecting an appeal are not jurisdictional.
F. 1. If a petition in error is filed before the time prescribed in
this section, it shall be dismissed as premature; however, if the time
to commence the appeal accrues before the appeal is dismissed, the
appellant may file a supplemental petition in error, without the
payment of any additional costs. Such supplemental petition in error
shall state when the time for commencing the appeal began and shall
set out all matters which have occurred since the filing of the
original petition in error and which should be included in a timely
petition in error. When a proper supplemental petition in error is
filed, the appeal shall not be dismissed on the ground that it was
premature.
2. If an appeal is dismissed on the ground that it was premature, the
appellant may file a new petition in error within the time prescribed
in this section for filing petitions in error or within thirty (30)
days after notice is mailed to the parties which states that the
appeal was dismissed on the ground that it was premature, whichever
date is later. A notice that an appeal was dismissed on the ground
that it was premature shall include the date of mailing and the ground
for dismissal.
G. 1. No designation of record shall be accepted by the district court
clerk for filing unless it contains one of the following:
a. where a transcript is designated: A signed acknowledgment from the
court reporter who reported evidence in the case indicating receipt of
the request for transcript, the date received, and the amount of
deposit received, if applicable, in substantially the following form:
I, ________, court reporter for the above styled case, do hereby
acknowledge this request for transcript on this ____ day of____, 19__,
and have received a deposit in the sum of $____. , or
b. where a transcript is not designated: A signed statement by the
attorney preparing the designation of record stating that a transcript
has not been ordered and a brief explanation why, in substantially the
following form: I, ________, attorney for the appellant, hereby state
that I have not ordered a transcript because:
(1) a transcript is not necessary for this appeal, or
(2) no stenographic reporting was made.
2. This section shall not apply to counter-designations of record
filed by appellees.
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