Rule 1.34 - TIME FOR COMPLETION OF RECORD(a) Time to Make Record Ready for Transmission. The record on appeal shall be ready for transmission to this court not later than six months from the date of the judgment or order appealed. When statute or specific rule requires completion of the record earlier than six months from the date of judgment that statute or rule shall be followed. See, e.g., 1.34(b), (c), (d), and (e). Appellant must monitor the preparation of the record and seek the appropriate relief when necessary for its timely preparation. See Rule 1.33(c), Rule 1.34(g). All transcripts shall be ordered and designations of record made in sufficient time that the entire record on appeal (including transcripts) may be completed and transmitted within the time limits required by statute or these rules.(b)County Budget Appeals. In appeals from a final order of the district court approving or disapproving the setting of a county budget the record shall be ready for transmission to this court within thirty (30) days of the date of the judgment. If a transcript is sought to be included in the record on review, it shall be the responsibility of the trial court to expedite the preparation thereof by such orders, prospective or retrospective, in effect as may seem proper to assure the earliest possible completion of the record.(c)Driver's License Appeals.(1) Conventional Means: In all appeals from decisions falling within the provisions of 47 O.S. §6-211(M) (driver's license appeals), whether prosecuted under these Rules or under the cited section, the record shall be filed in the Supreme Court with the petition in error, except as provided in section (2) below.(2) Electronic filing via OUCMS: Where the OUCMS has been implemented in both the district and appellate court at the time the appeal is commenced, the appellant shall electronically file a designation of record with the district court clerk and the appellate court clerk no later than the date of the filing of the petition in error. The electronic record shall be prepared and transmitted by the district court clerk as in appeals from other final district court orders except that the record shall be transmitted to the Clerk of the Supreme Court by the district court no later than thirty (30) days after the petition in error is filed.(d)Water Conservancy Appeals. In appeals involving water conservancy districts, 82 O.S. §545 and 82 O.S. § 508, the record shall be ready for transmission within the time limits prescribed in those statutes for filing the appeal.(e)Juvenile Appeals. In an appeal from a District Court to the Oklahoma Supreme Court and involving a judgment or order issued pursuant to Title 10 of the Oklahoma Statutes in paternity proceedings, or Oklahoma Children's Code proceedings, or Oklahoma Juvenile Code proceedings, or Oklahoma Adoption Code proceedings, (sometimes referred to as a "juvenile appeal"), the Notice of Completion of Record shall be filed in the Supreme Court immediately upon completion of the record on appeal. In all juvenile appeals other than appeals from adoption orders, the record on appeal shall be completed for transmission no later than sixty (60) days from the date of the order or judgment appealed. In appeals pursuant to the Oklahoma Adoption Code the record on appeal shall be completed no later than thirty (30) days from the date the petition in error is filed in the Oklahoma Supreme Court. See 10 O.S. § 80 (paternity appeal); 10A O.S. § 1-5-103 (Oklahoma Children's Code appeal); and 10 O.S. §§ 7505-2.1, 7505-4.1, & 7505-7.1 (Oklahoma Adoption Code appeal).(g) Extension of Date for Completion of Record. The appealing party, whether an appellant, counter or cross-appellant, bears responsibility to ensure timely preparation of an adequate record to review the issues urged by that party. The appealing party must timely order and pay for transcripts, designate record, monitor proper completion in the trial court, and request any extensions of time if necessary for the performance of duties of the court reporter or district court clerk. To obtain an extension of time to file the Notice of Completion of Record in the Supreme Court the appellant must file a motion for extension of time prior to the due date of the Notice of Completion of Record. A court reporter or court clerk may not file a motion for extension of time to file the Notice of Completion of Record.
The appellant's motion for extension of time must show good cause for the extension. Good cause for the delay in completing the transcripts or compiling the record shall be shown by attachment of an affidavit of the court reporter or court clerk, as applicable. No more than one thirty (30) day extension of time shall be granted to file a Notice of Completion of Record. The motion must comply with Rule 1.6.
(h)Duties of Clerk on Completion of Record. The clerk of the trial court shall upon completing the record for the appeal:I. file with the Clerk of the Supreme Court a Notice of Completion of Record (Rule 1.301, Form 12, with Index of Record attached) stating that the record on appeal has been completed for transmission, and the parties or their counsel have been notified, or for those clerks filing the record electronically through OUCMS, file the Certification and Notice of Completion of Electronic Record (Rule 1.301, Form 12A) at the time the electronic record is transmitted and;II. notify all parties or their counsel when the record on appeal has been completed and Rule 1.301, Form 12 or Form 12A has been filed with the Supreme Court.(i)Duty of Clerk if Designations Do Not Require Proceedings or Evidence to Be Transcribed. If the designations do not require any part of the proceedings or evidence to be transcribed, the clerk shall immediately file a Notice of Completion of Record with the Clerk of the Supreme Court and notify the parties that the record on appeal has been completed, is ready for transmission to the court, and that a Notice of Completion of Record has been filed. For those clerks filing the record electronically through OUCMS, the clerk shall file the Certification and Notice of Completion of Electronic Record (Rule 1.301, Form 12A) at the time the electronic record is transmitted.(j)Record in Appeals From Summary Judgments and Dismissals. In appeals from summary judgments and dismissals governed by Rule 1.36 the record is required to be filed with the petition in error and any supplement may be filed with the response to the petition in error, as provided therein. In appeals filed electronically through the OUMCS, the record shall be completed and transmitted in the same manner as appeals from other district court final orders or judgments, but in any event, no later than 60 days after the petition in error is filed.(k)Duties of Court Clerk when Unable to Complete E-RecordWhen unable to complete the E-Record within the prescribed time, the clerk of the trial court shall:
I. file with the Clerk of the Supreme Court a Notice of Non-Completion of E-Record (Rule 1.301, Form 12B) stating the reason(s) that the record on appeal cannot be completed and that the parties or their counsel have been notified, and;II. send a copy of Form 12B to all parties or their counsel.Okla. Stat. tit. 12, app 1 R. 1.34
Adopted by order of the Supreme Court, eff. 1/1/1997, amended by order of the Supreme Court, 1997 OK 54, effective 7/1/1997. Amended by order of the Supreme Court, 2001 OK 27, March 13, 2001. As corrected March 29, 2001. Eff. 4/12/2001. Amended by order of the Supreme Court, 2013 OK 67, eff. 8/1/2013.