Oklahoma Briefs; Time Limitations; Oral Argument are the rules and guidelines that govern the preparation, filing, and presentation of briefs in the appellate courts of Oklahoma. There are two types of briefs: Appellant's Brief and Appealed's Brief. Appellant's Brief: The Appellant's Brief is the opening brief submitted by the appellant in an appeal. It must include a statement of facts, a statement of the case, and a discussion of applicable law. The Appellant's Brief must be filed within 30 days of the filing of the Notice of Appeal. Appealed's Brief: The Appealed's Brief is the response brief filed by the appealed in an appeal. It must include a discussion of applicable law and a response to the arguments made in the Appellant's Brief. The Appealed's Brief must be filed within 30 days of the filing of the Appellant's Brief. Time Limitations: All briefs must be filed within the time limits set by the court. Generally, the Appellant's Brief must be filed within 30 days of the filing of the Notice of Appeal, and the Appealed's Brief must be filed within 30 days of the filing of the Appellant's Brief. Oral Argument: Oral argument is an opportunity for the parties to present their case to the court. An appellate court may grant an oral argument if requested by either party or if the court is uncertain about the outcome of the appeal. In Oklahoma, the time limit for oral argument is ten minutes per side.
Oklahoma Briefs; Time Limitations; Oral Argument
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(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.
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.
Oral argument is your chance to further explain to the appellate court in person the arguments that you made in your brief. You can clarify the points you made in your brief, tell the appellate court what you think is most important about your arguments, and answer questions from the appellate court judges.
(1) Party's Statement. Any party may file, or a court may require by local rule, a statement explaining why oral argument should, or need not, be permitted. (C) the facts and legal arguments are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument.
So if only one party wants to make an oral argument, the court will have oral argument for the case but it will not make the other parties participate.
The appellant may serve and file a reply brief within 21 days after service of the appellee's brief but a reply brief must be filed at least 7 days before argument, unless the court, for good cause, allows a later filing.
(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.
In a motion a party must specifically state the grounds therefor and the relief or order sought even where the party relies on defects or deficiencies apparent on the face of the pleading, motion or other instrument.
