Okla. Stat. tit. 12, app 1 R. 1.25

Current through Laws 2024, c. 453.
Rule 1.25 - PETITION IN ERROR AND RESPONSE TO PETITION IN ERROR
(a) Form of Petition in Error.

The form of the petition in error shall comply with Rule 1.301 Form No.5.

(b) Style of Petition in Error.

The style and the sequence of the parties in an appeal shall be exactly the same as the style and sequence in the judgment or order from which the appeal is taken. 20 O.S. § 3002. Designations such as "et al." shall not be used in the style. Each party shall be designated in the caption as they were in the trial court followed by a slash " / " behind the trial court designation. For example, Plaintiff/Appellant, Plaintiff/Appellee, Defendant/Appellant, Defendant/Appellee. A party who is neither seeking relief on appeal, nor opposing another party's attempt to seek relief on appeal, has no appellate designation and remains listed in the style with the same designation as in the trial court. A party who seeks appellate relief but was not included in the caption of the trial court action shall be designated according to the appropriate appellate designation on appeal (e.g., appellant), without a trial court designation, and shall be last in sequence of the parties in the caption on appeal.

In appeals from juvenile proceedings including, but not limited to, adoption and paternity proceedings and proceedings under the juvenile code, the initials of the child's name shall be used rather than the child's name. See 10A O.S. § 1-5-102. For example, in an appeal involving a child, John Smith, the style is IN THE MATTER OF CHILD J.S.

(c) Response to Petition in Error, Entry of Appearance, and Notice.

Within twenty days after the petition in error is filed, appellee shall file a response to the petition in error with fourteen copies in the office of the Clerk of the Supreme Court. The response shall comply with Rule 1.301, Form No. 6. Appellee shall file an entry of appearance with the response. See Rule 1.5. A copy of the response shall be filed in the trial court and mailed to each party of record or to that party's counsel of record. Failure to respond within the time provided without good cause may result in sanctions by the Court.

For Response to Petition to Review Certified Interlocutory Order see Rule 1.301, Form No. 8. For Response to Petition to Review Decision of the Workers' Compensation Court see Rule 1.301, Form No. 10.

(d) Cross and Counter Appeals, Response.

If a cross or counter appeal is taken, Rule 1.301 Form No.5. for a petition in error must be used. The style shall comply with Rule 1.25(b). See Rule 1.27 for multiple appeals.

If a counter or cross-petition in error is filed, the appellant shall file a response within twenty (20) days after the filing of the counter or cross-petition using Form No. 6.

Okla. Stat. tit. 12, app 1 R. 1.25

Adopted by order of the Supreme Court, eff. 1/1/1997. Amended by order of the Supreme Court, 2013 OK 67, eff. 8/1/2013.