OCCAOnline Rules of the Court of Criminal Appeals


RULE 15.3. TIME FOR APPEAL, PETITION IN ERROR, BRIEFS, AND SERVICE

(A) Time for Filing Petition in Error, Brief, and Record. A petition in error WITH A CERTIFIED COPY OF THE DISTRICT COURT'S FINAL ORDER ATTACHED, a supporting brief, and a copy of the record applicable to the appeal, must be filed with the Clerk of this Court within thirty (30) days from the date the final order adjudicating the petition for judicial review is filed with the clerk of the district court. The filing of the petition in error is jurisdictional and failure to timely file constitutes waiver of the right to appeal.

(B) Style of Petition in Error and Content. The party filing the petition in error shall be known as the appellant. The party against whom the appeal is taken shall be known as the appellee. The petition in error shall set forth the name of the parties below and their designations on appeal and shall have a certified copy of the final order attached to it. The petition in error must also contain the following:

(1) The type of appeal the party is filing and the statutory authority for the appeal;

(2) The district court from which the appeal is taken;

(3) The district court case number;

(4) The name of the trial judge issuing the final order;

(5) The date the final order appealed was filed with the clerk of the district court;

(6) The date the Notice of Appeal from Judicial Review was filed with the clerk of the district court; and

(7) The nature of the relief the appellant seeks.

(C) Brief of Appellant. The brief in support of the petition in error shall not exceed twenty (20) typewritten, 8-1/2 by 11-inch pages in length and shall comply with the requirements of Rule 3.5. The appealing party's brief shall contain a statement of the case and statement of facts, the errors urged as having been committed during the proceedings in the district court, citation to those portions of the record supporting the appeal, and citation of legal authority supporting the appeal.

(D) Answer Brief. This Court may direct the appellee to file an answer brief, if necessary; however, the appellee is not required to file an answer brief unless directed by the Court.

(E) Signatures and Service. All pleadings and briefs filed in an appeal from a final order adjudicating a petition for judicial review shall be signed by the party responsible for their filing or by the party's attorney of record. Additionally, all such pleadings or briefs shall contain a certificate of service upon the adverse party. The party or their attorney of record shall be responsible for service upon the adverse party. This Court will not consider pleadings, briefs, or motions without proof of service upon the adverse party.


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