Oklahoma Monitoring Cases Assigned to Emergency Appellate Division
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The reply brief must be filed within twenty (20) days of the answer brief. The reply brief shall only respond to the appellee's brief in chief. Any propositions of error advanced for the first time in any reply brief shall be deemed waived and forfeited for consideration.
Rule 1.21 addresses the computation of time for the commencement of an appeal. Subsection (a) governs appeals from the district court. The court amended Subsection (a) to address confusion about what constitutes a final ?judgment, decree, or appealable order? under 12 O.S.
(1) In the event an appeal is not perfected in a timely manner and no good cause is advanced as a reason, this Court will entertain a motion from the opposing party, or, on its own motion, may order that the appeal be dismissed. The dismissal shall constitute a default of the appeal by the appellant.
(2) Response to Motion. Within fifteen (15) days of the filing of a motion to dismiss, a response shall be filed. The argument and authorities in support of the response shall be included therein, and no separate brief may be tendered for filing.
In the event of the protracted illness of a judge, or the unduly prolonged time for trial of a case(s) assigned to a judge, the presiding judge may order the reassignment of cases assigned to that judge to another judge or to a visiting or acting judge, as the presiding judge may determine.
Rule 13 - Summary Judgment a. A party may move for either summary judgment or summary disposition of any issue on the merits on the ground that the evidentiary material filed with the motion or subsequently filed with leave of court show that there is no substantial controversy as to any material fact.
The Court may dismiss an appeal without notice when six months have transpired since the filing of the Notice of Completion of Record and no Brief-in-chief has been filed and where no extension of time for the Brief-in-chief has been granted.
(c) Response to Petition in Error, Entry of Appearance, and Notice. Within twenty days after the petition in error is filed, appellee shall file a response to the petition in error with fourteen copies in the office of the Clerk of the Supreme Court. The response shall comply with Rule 1.301, Form No. 6.