Oklahoma Petition in Error; Time for Filing; Contents; Brief

• Category: Statewide - Criminal Appeals
• State: Oklahoma
• Control #: OK-SKU-0488
• Format: PDF

Description

Petition in Error; Time for Filing; Contents; Brief

Oklahoma Petition in Error is a legal document that is submitted to the Oklahoma Supreme Court in order to challenge the outcome of a lower court decision. This petition is used to have the Supreme Court review the lower court’s decision and potentially overturn it. The time for filing a Petition in Error is within 30 days after the lower court’s ruling. The contents of the petition must include a statement of facts, a statement of the error in the lower court’s ruling, and a statement of the law which supports the petitioner’s contention that the lower court’s ruling was in error. A brief must also be filed along with the petition, which includes an argument of the facts and the law that support the petitioner’s claim that the lower court’s decision should be overturned. The two main types of Oklahoma Petition in Error are "Original Petition in Error" and "Motion for Rehearing". An Original Petition in Error is used to challenge a lower court’s decision and is typically filed within 30 days from the date of the judgment. A Motion for Rehearing is used when a party wishes to challenge the Oklahoma Supreme Court’s decision, and must be filed within 30 days from the date of the Oklahoma Supreme Court’s ruling.