Okla. Stat. tit. 12, app 1 R. 1.76

Current through Laws 2024, c. 453.
Rule 1.76 - RECORD IN APPEALS FROM TRIBUNALS OTHER THAN THE DISTRICT COURT
a) Specific Record Rules Control.

Where record rules are provided for specific appeals (e.g. Rules 1.104, 1.118, 1.129) those specific rules shall supersede and control Rule 1.76 and all other record rules to the extent of any conflicting provisions between the specific rules and other record rules.

(b) Designation, Definition, and Preparation of the Record on Appeal.

The record shall be prepared in the same manner (by conventional means, unless the OUCMS system capabilities and equipment exist for filing of such records by electronic means) as that prescribed for perfecting an appeal from a final judgment or final order of the district court, and it shall consist of the same materials as those set forth in Rule 1.33(d). Provided that:

1. The prohibition on designating the entire trial court record in appeals from District Courts does not apply to appeals from tribunals other than District Courts;
2. An appearance docket shall not be included in the record on appeal unless required by the Rules governing the specific appeal.
3. The Designation of Record shall be made using Rule 1.301, Form No. 15 for proceedings to review an order of the Workers' Compensation Court. The Designation of Record shall be made using Rule 1.301, Form No. 16 for appeals from tribunals other than the District Courts. Form Nos. 15 and 16 shall not be used in the District Courts.
(c) Extension of Time to Prepare Record.

An extension of time to prepare the record is obtained in the manner provided by Rule 1.34(g).

(d) Court Reporter Duties and Fees.

The trial exhibits shall be indexed and incorporated into the transcript either by reference or physical attachment, as the court reporter may deem advisable. Only two dimensional exhibits not larger than 8 1/2 " x 14" may be transmitted to the Supreme Court with the record, except upon order of the Court.

The original transcript, indexed and certified as correct together with two (2) certified copies, and the exhibits in the case, if any are attached thereto, shall be filed in the tribunal by the court reporter. If any party desires a copy for that party's sole use such party shall procure it from the court reporter on payment of cost. Transcripts shall be filed by conventional means, unless the OUCMS system capabilities and equipment exist for filing of such transcript by electronic means, in which event the court reporter shall follow any rules and/or procedures for filing of electronic transcripts which have been prescribed by the Supreme Court.

The fees which a court reporter shall charge shall be the same as those prescribed by Rule 1.35.

(e) Timely Preparation of Record and Monitoring by Appellant.

If a transcript is sought to be included in the record on appeal, it shall be the responsibility of the trial judge, or the judge's successor, the presiding judge, or the head of the tribunal to expedite the preparation thereof by such orders, prospective or retrospective in effect, as will assure the earliest possible completion of the record. Appellant bears the burden of monitoring the preparation of the record and seeking the appropriate order from the tribunal to assure timely completion of the record.

If a transcript of evidence or proceedings is designated, a copy of the designation shall be delivered by the appealing party to the court reporter concerned on the day such designation is filed, and the cost of preparing the transcript shall be advanced forthwith by the designating party.

(f) Duties of Clerk, Time for Completion of Record, and Notice of Completion of Record.

The clerk or the secretary of the tribunal shall perform the duties prescribed for the clerk. The record shall be filed by conventional means, unless the OUCMS system capabilities and equipment exist for filing of such records by electronic means.

After a designation of the record is made, the clerk shall promptly assemble in chronological sequence all of the instruments on file which have been designated for inclusion in the record on appeal and all orders made in the tribunal with respect to the content of the transcript and assessment of cost. The instruments, numbered consecutively, indexed and bound, shall be certified under the seal of the clerk. All designations of record shall be included.

Unless a different time is prescribed by statute or rule specific for the type of appeal, the record shall be ready for transmission to this Court not later than six months from the date of the date of the judgment or order appealed from. 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 this Court, notify the parties that the record on appeal has been completed, and that a Notice of Completion of Record has been filed with this Court.

Upon completion of the record on appeal the clerk of the tribunal shall:

I. file with the Clerk of this Court a Notice of Completion of Record on a form furnished by this court, stating that the record on appeal has been completed for transmission and;
II. notify all parties or their counsel when the record on appeal has been completed, is ready for transmission, and that a Notice of Completion of Record has been filed.

The clerk of the Workers' Compensation Court shall use Form No. 17, Rule 1.301, Notice of Completion of Record On Appeal, to satisfy Rule 1.76(f). The clerk or secretary of other tribunals shall use Form No. 18, Rule 1.301, Notice of Completion of Record On Appeal, to satisfy Rule 1.76(f). Form Nos. 17 and 18 apply to appeals from tribunals other than District Courts. Clerks of District Courts use Form No. 12 for Notice of Completion of Record.

(g) Other Record Rules.

Rules 1.28(d), (e), (f), (h), (j), and 1.32 shall be applicable to all appeals.

Okla. Stat. tit. 12, app 1 R. 1.76

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.