OCCAOnline Rules of the Court of Criminal Appeals


TITLE 22. CRIMINAL PROCEDURE
CHAPTER 18
APPENDIX. RULES OF THE COURT OF CRIMINAL APPEALS

Table of Rules

SECTION I. GENERAL RULES OF THE COURT AND DEFINITIONS

Rule 1.0 Scope of Rules
Rule 1.1 Time of Convening
Rule 1.2 Methods of Appeal or Review
Rule 1.3 Records - Withdrawal
Rule 1.4 Computation of Time for Appeal
Rule 1.5 Clerk's Office Closed
Rule 1.6 Non-Resident Attorneys; Recognition
Rule 1.7 Communication to be Addressed to Clerk
Rule 1.8 Notice; Sufficiency
Rule 1.9 Required Number of Copies; Pleadings and Motions; Service
Rule 1.10 Filing Fees
Rule 1.11 Application in Forma Pauperis
Rule 1.12 Form of Affidavit in Forma Pauperis
Rule 1.13 Definitions
Rule 1.14 Qualification Rule for Determination of Indigency; Notification; Trial Counsel Responsibility
Rule 1.15 Use of Court Reporter's Transcripts and Recordings by Appellate Indigent Defender
Rule 1.16 Application of Appellant to Proceed With Appeal Pro Se

SECTION II. INITITATING AN APPEAL FROM THE TRIAL COURT

Rule 2.1 Initiating an Appeal (Motion for New Trial, Commencement of Appeal, Filing of Appeal Records, Appeals by the State, Appeals Out of Time)
Rule 2.2 Form and Contents of Record
Rule 2.3 Time for Completion of Record
Rule 2.4 Filing of Record
Rule 2.5 Notice of Intent to Appeal; Designation of Record

SECTION III. PERFECTING AN APPEAL IN THE COURT OF CRIMINAL APPEALS

Rule 3.1 Contents of Petition in Error; Filing
Rule 3.2 Instruments to Be Filed to Complete the Appeal
Rule 3.3 Joinder of Appellants
Rule 3.4 Briefs; Service and Filing
Rule 3.5 Briefs; Contents; Citation of Authorities
Rule 3.6 Failure to Appeal or File Briefs; Duty of Counsel; Scope of Review
Rule 3.7 Contempt of Court, What Constitutes
Rule 3.8 Assignment for Oral Argument; Notice
Rule 3.9 Argument; Opening and Closing; Time
Rule 3.10 Motion; Requisites
Rule 3.11 Supplementation of Record
Rule 3.12 Monitoring Appeal Time; Motion to Dismiss; Notification; Remands For Evidentiary Hearings
Rule 3.13 Opinions; Definition of Votes
Rule 3.14 Rehearing; Requisites of Petition
Rule 3.15 Mandate; Stay; Further Petition for Rehearing
Rule 3.16 Notification of Mandate

SECTION IV. PROCEDURES FOR APPEAL BY CERTIORARI FROM PLEA OF GUILTY OR NOLO CONTENDERE

Rule 4.1 Mandatory Form for Plea of Guilty Summary of Facts
Rule 4.2 Requirements for Commencement of Certiorari Appeal
Rule 4.3 Time for Lodging Appeal; Record of Proceedings; Contents of Petition in Error; Briefs
Rule 4.4 Service of Petition and Brief in Support on District Attorney and Attorney General
Rule 4.5 Bail Pending Decision on Certiorari Appeal
Rule 4.6 Oral Argument, Opinions, Rehearing and Issuance of Mandate

SECTION V. PROCEDURES FOR APPEALING FINAL JUDGMENT UNDER POST-CONVICTION PROCEDURE ACT

Rule 5.1 Purpose of Procedures
Rule 5.2 Appeal from Final Judgment
Rule 5.3 Duties of Court Clerks and Court Reporters
Rule 5.4 Duties of the Judge of the District Court
Rule 5.5 Final Order; Exhaustion of State Remedies
Rule 5.6 Form for Application for Post-Conviction Relief

SECTION VI. APPEAL BY STATE FROM ADVERSE RULING OF MAGISTRATE

Rule 6.1 Commencement of Appeal

SECTION VII. PROCEDURE FOR APPEALING FROM AN ORDER ADJUDICATING A JUVENILE TO BE DELINQUENT; FROM A FINAL ORDER CERTIFYING OR DENYING CERTIFICATION OF A JUVENILE TO STAND TRIAL AS AN ADULT; OR FROM A FINAL ORDER GRANTING OR DENYING REVERSE CERTIFICATION

Rule 7.1 Courts from Which Appeals are Lodged
Rule 7.2 Notice of Intent to Appeal
Rule 7.3 Time for Perfecting Appeal; Extension Request; Record of Proceedings
Rule 7.4 Duties of Court Clerk
Rule 7.5 Petition in Error; Time for Filing; Contents; Brief
Rule 7.6 Oral Argument; Opinions; Rehearing; Issuance of Mandate
Rule 7.7 Stay of Proceedings

SECTION VIII. PROCEDURES RELATING TO DISTRICT AND MUNICIPAL COURTS RELATING TO IMPRISONMENT FOR NONPAYMENT OF FINES AND COSTS

Rule 8.1 Judicial Hearings
Rule 8.2 Immediate Confinement on Refusal or Neglect to Pay Fine and/or Costs
Rule 8.3 Ordering Installment Payments and Fixing the Date
Rule 8.4 Failure to Make Installment Payments When Due
Rule 8.5 Inability to Pay Installments Because of Physical Disability or Poverty
Rule 8.6 Change of Conditions; Incarceration for Failure to Appear or Satisfy Fine and/or Costs
Rule 8.7 Court Reporter; Judicial Order Reduced to Writing and Filed of Record; Contents of Order
Rule 8.8 Direct Appeal from an Order of Detention and Scope of Appeal

SECTION IX. APPEALS IN CAPITAL CASES

Rule 9.1 Applicable Provisions
Rule 9.2 Notice of Intent to Appeal; Petition in Error; Stenographic Record; Trial Judge's Report; Duties of Trial Court Clerk
Rule 9.3 Briefs; Time Limitations; Oral Argument
Rule 9.4 Mandatory Sentence Review; Time for Disposition
Rule 9.5 Stays
Rule 9.6 Appeals from Resentencing
Rule 9.7 Post-Conviction Procedures in Capital Cases

SECTION X. EXTRAORDINARY WRITS

Rule 10.1 Types of Extraordinary Writs; Jurisdiction
Rule 10.2 Ten-Day Rule
Rule 10.3 Notice
Rule 10.4 Oral Argument, Response, Disposition, Evidentiary Hearing
Rule 10.5 Perfecting an Application for Extraordinary Writ
Rule 10.6 Requirements for Particular Writs

SECTION XI. ACCELERATED DOCKET PROCEDURES

Rule 11.1 Creation of an Accelerated Docket
Rule 11.2 Automatic Assignment of Certain Cases to the Accelerated Docket
Rule 11.3 Application for Accelerated Docket in Cases not Included Above
Rule 11.4 Cases Not Eligible for Placement on the Accelerated Docket
Rule 11.5 Forms to Be Used Relative to the Accelerated Docket

SECTION XII. RULES PROVIDING DUTIES AND PROCEDURES OF EMERGENCY APPELLATE DIVISION

Rule 12.1 Powers of the Division; Purpose of Rules
Rule 12.2 Activation and Appointment of Division Panels
Rule 12.3 Assignment of Cases to Panels
Rule 12.4 Communications to Be Addressed to Clerk
Rule 12.5 Monitoring Cases Assigned to Emergency Appellate Division
Rule 12.6 Disqualification of Judges Assigned to Panels of the Emergency Appellate Division
Rule 12.7 Disposition of Cases Assigned to Emergency Appellate Division
Rule 12.8 Recall
Rule 12.9 Petition for Rehearing
Rule 12.10 Petition for Review
Rule 12.11 Mandate
Rule 12.12 Publication and Citation

SECTION XIII. FORMS

Rule 13.0 Mandatory Forms to be Utilized in Criminal Cases in the State of Oklahoma
Form 13.1 Motion to Check Out Material
Form 13.2 Affidavit in Forma Pauperis
Form 13.3 Pauper's Affidavit
Form 13.4 Notice of Intent to Appeal
Form 13.5 Certification of Appeal Rights
Form 13.6 Application to Proceed Pro Se on Direct Appeal
Form 13.7 Order Allowing Defendant to Proceed Pro Se on Appeal
Form 13.8 Uniform Judgment and Sentence
Form 13.8a Additional Findings at Time of Sentencing
Form 13.9 Certificate of Original Record
Form 13.10 Uniform Plea of Guilty--Summary of Facts
Form 13.11 Application for Post Conviction Relief
Form 13.11a Application for Post-Conviction Relief--Death Penalty
Form 13.12 Report of Trial Judge in Capital Felony
Form 13.13 Accelerated Docket Waiver
Form 13.14 Application for Accelerated Docket
Form 13.15 Response to Application for Accelerated Docket

SECTION XIV. EXPUNGEMENT OF RECORDS

Rule 14.1 Expungement of Criminal Appellate Records
Rule 14.2 Application for Expungement
Rule 14.3 Inspection of Expunged Criminal Appellate Records

SECTION XV. PROCEDURES FOR APPEALING DISTRICT COURT ORDER REVIEWING PRISON DISCIPLINARY PROCEEDINGS THAT REVOKED EARNED CREDITS

Rule 15.1 Purpose and Procedural Format
Rule 15.2 Scope of Appeal
Rule 15.3 Time for Appeal, Petition in Error, Briefs, and Service
Rule 15.4 Notice of Appeal, Preparation of Record on Appeal, and Duties of the Trial Judge, District Court Clerk, and Court Reporter
Rule 15.5 Petitions for Rehearing