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.
Oklahoma Petition in Error; Time for Filing; Contents; Brief
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Filing of Appeal Recordsa The records for appeals in all misdemeanor and felony cases must be filed with the Clerk of this Court within ninety (90) days from the date the Judgment and Sentence is imposed.
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.
(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.
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.
(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.
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.