Okla. Stat. tit. 12, app 1 R. 1.100

Current through Laws 2024, c. 453.

Rule 1.100 - MODE AND TIME OF COMMENCING PROCEEDINGS

(a) Decisions Reviewable, Time for Commencement, and Time to Pay Costs Mandatory.

A decision of the trial judge or of the Workers' Compensation Court en banc may be brought for review to this Court in compliance with 85 O.S. § 3.6. The Rules in Part IV(a) of these Rules shall apply unless a Rule in Part IV(c) of these Rules provides otherwise.

The proceeding shall be commenced by:

(1) Filing a petition for review with fourteen (14) copies with the Clerk of this Court within twenty days after a copy of the adverse decision shall have been sent to the parties affected, and

(2) Remitting to the Clerk of the Supreme Court the cost deposit provided by statute, or if the petitioner is an indigent, an affidavit in forma pauperis shall be filed concurrently with the petition in error. See Form No. 4.

A petition for review will not be filed until the entire cost deposit, or a properly executed pauper's affidavit, is received by the Clerk of the Supreme Court. The cost deposit or pauper's affidavit must be received by the Clerk of the Supreme Court within the same twenty-day period for filing the petition for review for the tendered petition to be timely filed. A petition for review will be deemed filed when mailed in accordance with Rule 1.4. See Rules 1.4(e), 1.77(d). Johnson v. Tony's Town Mister Quick, 1996 OK 138, 915 P.2d 355.

(b) Dismissal of Proceeding When Other Party Filed Appeal to Tribunal En Banc.

If one party should commence a proceeding in this Court to review a trial judge's decision, and the opposite party subsequently should perfect a timely appeal from the same decision to the tribunal en banc, the proceeding in this Court will be dismissed as prematurely brought. Dixon Brothers Lumber and Supply Co. v. Watson, 1960 OK 148, 353 P.2d 478.

(c) Cross or Counter Action to Review Same Decision.

A cross-action or counter-action or a separate proceeding to review the same decision shall be commenced within the same time and in like manner as the principal proceeding. Smith v. State Industrial Court, 1965 OK 179, ¶ 8, 408 P.2d 317, 320.

Okla. Stat. tit. 12, app 1 R. 1.100

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.