Oklahoma Mandate; Stay; Further Petition for Rehearing

State:
Oklahoma
Control #:
OK-SKU-0461
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Description

Mandate; Stay; Further Petition for Rehearing

Oklahoma Mandate; Stay; Further Petition for Rehearing is a set of procedural rules used in the state of Oklahoma. The Oklahoma Mandate is a court order issued by the Oklahoma Supreme Court when it affirms or reverses a lower court decision. The Stay is an order issued by the Oklahoma Supreme Court to temporarily stay the effect of a lower court decision. The Further Petition for Rehearing is a request by a party to the Oklahoma Supreme Court to reconsider the decision on the Mandate. There are two types of Oklahoma Mandate; Stay; Further Petition for Rehearing. The first is called an Original Mandate which is issued when the Oklahoma Supreme Court initially affirms or reverses a lower court decision. The second is called a Modified Mandate which is issued when the Oklahoma Supreme Court modifies or reverses a lower court decision.

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FAQ

Regardless of whether the Supreme Court allows briefs on the merits (also known as ?merits briefs? or ?full briefing?), if the Supreme Court does not eventually grant review of the court of appeals decision, then the petition for review has been denied, and the ?petition history? of the case is ?petition denied? (also

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.

An appeal is the legal process to ask a higher court to review a decision by a judge in a lower court (trial court) because you believe the judge made a mistake. A litigant who files an appeal is called an appellant.

Staying the Mandate of an Appellate Court While Seeking Certiorari (Translation: stopping the appellate court judgment from going into effect while trying to go to the U.S. Supreme Court)

A court or administrative agency may engage in a rehearing as a subsequent hearing based on the motion or appeal of one of the parties to a lawsuit, petition, or criminal prosecution.

A petition for rehearing asks the Court of Appeal to hear ? or consider ? the case again and correct a legal mistake in the court's opinion. Generally, the court only agrees to a rehearing if the mistake is a major error of fact or law, or if an important argument was not included in the court's decision.

After filing a petition for rehearing If the court does not act on the petition before the decision becomes final, the petition will be deemed denied "by operation of law" (automatically without an order of any kind from the court).

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Oklahoma Mandate; Stay; Further Petition for Rehearing