Rule 1.16 - Application of Appellant to Proceed With Appeal Pro SeA. An Appellant desiring to represent himself or herself in a direct appeal to this Court, or desiring to dismiss appellate counsel and further proceed to represent himself or herself in this Court, shall be required to present to the District Court an affidavit and request in the form set forth in Section XIII, Form 13.6 . If the Appellant is free on appeal bond or incarcerated in the county where the conviction occurred, the affidavit and request shall be filed with that District Court. If the Appellant is incarcerated outside the county where the conviction occurred, the affidavit and request shall be filed in the District Court in the county where the Appellant is incarcerated. The court clerk shall file the application in the original case, if in the county of original conviction, or assign a new criminal case number to the application if the application is filed in a county where the appellant is then incarcerated. Appellant shall ensure that notice is provided to appellate counsel, who may appear or otherwise respond, but who shall not be required to do so. After the case is assigned to a judge of a District Court, a hearing is conducted, and the judge's order filed, the court clerk SHALL prepare two (2) certified copies of all pleadings and orders and mail one (1) complete set to the District Court where the conviction occurred and one (1) complete set to this Court for filing in the original and appellate case files. See Section XIII, Form 13.6. (Emphasis added by the Court).B. When presented with an affidavit and request, the District Court shall make appropriate findings of fact and enter an order similar in form and content to the order form shown in Section XIII, Form 13.7.Okla. Stat. tit. 22, § 1.16
Amended in accordance with 2003 OK CR 9, eff. 5/21/2003. Amended by order of the Court of Criminal Appeals, 2008 OK CR 5, eff. 1/31/2008.