Okla. Stat. tit. 12, app 1 R. 1.191

Current through Laws 2024, c. 453.

Rule 1.191 - APPLICATIONS TO ASSUME ORIGINAL JURISDICTION

(a) Style, Commencement, and Costs.

Original proceedings in the Supreme Court shall be styled as shown in Rule 1.301, Form No. 13.

Original jurisdiction proceedings shall be commenced by filing with the clerk thereof an application to assume original jurisdiction and a petition (such as a petition for mandamus, prohibition or habeas corpus) and a brief in support of the application and petition. An entry of appearance shall be filed with the application and petition.

The cost deposit provided by statute shall be remitted to the Clerk of the Supreme Court, or if the petitioner is an indigent, an affidavit in forma pauperis shall be filed concurrently with the application to assume original jurisdiction and petition. 20 O.S. § 15. See Rule 1.301, Form No. 4.

(b) Application and Petition.

The application and petition may be combined in the same instrument and shall state concisely:

(1) the reasons why such action or proceeding is brought in the Supreme Court instead of another court of competent jurisdiction and why original jurisdiction should be assumed,

(2) the nature of the remedy or relief sought, and

(3) the facts entitling the petitioner to the remedy or relief sought.

(c) Copies and Brief.

One original and fourteen (14) legible copies of the application, petition and brief shall be filed. The brief may not exceed fifteen (15) pages, 8 1/2" x 11" double spaced typed. The brief shall comply with Rule 1.11. No appendix or exhibits may be attached to the brief. If a response is filed by the respondent the petitioner shall not file a reply brief without leave of Court. Failure to observe this rule may result in summary dismissal of the action.

(d) Appendix.

(1) A separate appendix may be submitted with the brief. Only one appendix, and one copy, shall be filed. The appendix may contain only:

(a) copies of cases cited and relied upon;

(b) the trial court order which has precipitated the bringing of the action;

(c) affidavit(s) presenting facts not of record in the Supreme Court; and

(d) copies of exhibits admitted below or pertinent portions of the trial court record which a party believes are necessary to the Court's understanding and disposition of the matter.

(2) Only those relevant portions of exhibits that are material to the original action may be included in the appendix. For a lengthy instrument copies of only the cover page and those relevant pages of the instrument should be included in the appendix. For example, a deposition exhibit should include only the cover page and those relevant pages of the deposition, and not the entire deposition. The same rule applies to contracts and other instruments.

(3) The appendix shall include an index of its contents. For each exhibit or item of the trial court record contained therein, the index shall contain the following information:

(a) a description of the item;

(b) the item's date, if dated;

(c) a concise statement of the relevancy of the item to the issues presented; and

(d) a synopsis of the item.

(4) Failure to observe this rule may result in summary dismissal of the action.

(e) Notice to Adverse Parties and Time to File Notice.

No application or petition, except for habeas corpus, will be heard without notice to the adverse party or parties unless by reason of an emergency this Court determines the same should be heard without notice. A copy of the filed application, petition, brief in support, and any appendix shall be attached to the notice. Such notice shall comply with Rule 1.301, Form No. 14.

Hearing and response dates shall be set by order of the Chief Justice. The order setting hearing and response dates shall be mailed by the Clerk of the Supreme Court to all parties set forth in the notice. The Court (by a Referee or Justice) may require different or additional service of notice.

(f) Response.

The Court may refuse to assume original jurisdiction without a response being filed. The date of any response shall be set by order of the Chief Justice. The allowed response may not exceed fifteen (15) pages, 8 1/2" x 11" double spaced typed. A response in the nature of a brief shall comply with Rules 1.10, 1.11 as to form and content, but shall not exceed the page limitation of fifteen pages. No appendix or exhibits may be attached to the response.

If a response is ordered one original and fourteen (14) legible copies shall be filed. If a response is ordered the respondent may file an appendix conforming to Rule 1.191(d). An entry of appearance shall be filed with the response. Service of the response shall be made in accordance with Rule 1.4(g), unless a Referee or Justice of the Court require a different procedure. Failure to observe this rule may result in striking the response.

(g) Oral Argument.

Oral argument before the Supreme Court, an assigned Justice or a Referee, is not a matter of right. The Court may refuse to assume original jurisdiction without hearing oral presentation.

(h) Amicus Curiae.

Amicus curiae may not appear in an original jurisdiction proceeding unless an order of the Court grants leave for the appearance. Amicus curiae practice and procedure in an original jurisdiction proceeding will be governed by Court orders in that proceeding. Rule 1.12 shall apply.

(i) Commencement At Least Ten Days Before Hearing or Trial.

This Court will not assume original jurisdiction in any matter except habeas corpus nor shall this Court stay any proceedings unless the same is filed with the clerk of this Court at least ten (10) days prior to the date said cause is set for hearing or trial. Provided however, the above limitation may be excused by this Court if petitioner alleges and shows that asserted grounds for relief were not known, or could not reasonably have been discovered, prior to the ten-day period.

(j) Sanctions.

Sanctions for the filing of a frivolous application to invoke this Court's extraordinary powers to issue original jurisdiction writs may be invoked against the party filing such proceeding in favor of the party required to defend against it (including a real party in interest). Sanctions may include an award of costs and attorney's fees.

A frivolous proceeding may include one brought for the sole purpose of delay or to disrupt the proceeding in the court below or a proceeding so obviously without any merit as to impute bad faith on the party bringing the action. Where the filing of such proceeding is in good faith, sanctions will not be imposed. See 12 O.S. § 995.

Okla. Stat. tit. 12, app 1 R. 1.191

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.