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RULE 15.4 NOTICE OF APPEAL, PREPARATION OF RECORD ON APPEAL, AND DUTIES OF THE TRIAL JUDGE, DISTRICT COURT CLERK, AND COURT REPORTER.

(A) Notice of Appeal. The party desiring to appeal from a final order of the district court under Section XV of these Rules MUST file a "Notice of Appeal from Judicial Review" with the clerk of the district court within ten (10) days from the date that the order appealed was filed with the district court clerk. This required "Notice of Appeal from Judicial Review" shall be in substantial compliance with the following language:

__________________________ (party's name), the Petitioner/Respondent herein, gives notice of intent to appeal the final order filed in the District Court of Oklahoma County, on the ______ day of __________________, 20____, in Case No. _______________. The final order granted/denied relief upon a petition for judicial review of prison disciplinary proceedings that resulted in the revocation of the prisoner's earned credits. Petitioner/Respondent requests the preparation of the record on appeal as required by Rule 15.4(B) of the Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App.

Form 13.4, Section XIII of these Rules shall not be utilized in appeals from judicial review proceedings.

In cases where hearings upon the petition for judicial review were recorded by a court reporter, the appealing party must serve a copy of the "Notice of Appeal from Judicial Review" upon the court reporter. Service upon the court reporter shall be reflected within the Notice of Appeal.

(B) Record. Once a "Notice of Appeal from Judicial Review" has been filed with the district court clerk, the clerk shall then prepare the record on appeal. The district court clerk shall transmit the record on appeal from a final order entered under this Section in accordance with the procedure set forth in Rule 2.3(B), but within the time requirements set forth in Rule 15.4(D)(2). The record transmitted shall be limited to:

(1) A copy of the petition that was filed in the district court seeking judicial review;

(2) A copy of any supporting evidence presented to the district court in support of the petition seeking judicial review;

(3) A copy of the respondent's answer to the petition for judicial review and copies of any evidence presented by respondent to the district court;

(4) A copy of any special reports presented to the district court;

(5) The transcript of any hearings before the district court concerning the petition for judicial review;

(6) A copy of the final order adjudicating the judicial review pleadings filed in the district court; and

(7) Copies of those portions of the record and transcripts considered by the district court when adjudicating the petition for judicial review as set forth in the findings of fact and conclusions of law entered by the district court within its final order.

(C) Duties of the Trial Judge. The judge assigned to adjudicate a petition seeking judicial review of disciplinary proceedings that have resulted in revocation of earned credits shall have the following duties:

(1) The trial judge shall file with the district court clerk a signed and dated journal entry of the district court's final order. The journal entry of the final order shall contain the district court's findings of facts and conclusions of law. The journal entry shall also specify the pleadings, documents, exhibits, specific portions of the original record and transcripts, considered in adjudicating the petition for judicial review, which shall then become a part of the record on appeal as defined by Rule 15.4(B).

(2) The trial judge shall ensure the clerk of the district court provides timely notice to the parties of the filing of the journal entry. If a "Notice of Appeal from Judicial Review" is filed, the trial judge shall then monitor and ensure timely completion of the record on appeal by the clerk of the district court together with the court reporter(s), as required.

(D) Duties of District Court Clerk. Whenever there is filed with the district court clerk a journal entry of a final order adjudicating a petition for judicial review of disciplinary proceedings that revoked earned credits, the court clerk shall have the following duties:

(1) On the same day that the journal entry of the final order is filed, the court clerk shall mail file-stamped, certified copies thereof to petitioner or to petitioner's counsel of record and to counsel of record for respondent. The court clerk shall include a certificate of mailing with the order, which shall also be made a part of the record of the case.

(2) Upon receipt of a "Notice of Appeal from Judicial Review," the clerk shall compile two certified copies of the record on appeal as defined by Rule 15.4(B). The clerk shall ensure the Notice of Completion of Record is filed with this Court within thirty (30) days of the filing of the journal entry of the final order, unless an extension is requested by the court clerk and granted by this Court.

Except for the specific time requirements of this Rule, the provisions of Rule 2.3(B) apply.

(E) Duties of the Court Reporter. In those cases where a hearing was conducted and a "Notice of Appeal from Judicial Review" has been filed with the district court clerk and served upon the court reporter within ten (10) days of the filing of the final order, the court reporter shall prepare a transcript of the judicial review proceedings. The court reporter shall ensure the transcript is completed and filed with the court clerk within sufficient time to allow the clerk to file the Notice of Completion of Record with this Court within thirty (30) days of the filing of the journal entry of the final order.


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