OCCAOnline Rules of the Court of Criminal Appeals

(Updated 5/21/2003 in accordance with 2003 OK CR 9)


Rule 1.13 Definitions

A. Judgment and Sentence. The formal instrument which reflects the Judgment and Sentence of the trial court and the date it was pronounced. See Rule 2.1(B)(4).

B. Original Record. All instruments filed with the clerk of the trial court during the trial proceedings, in chronological order, preceded by an index, as designated.

C. Transcript of Evidence. The reported transcript of all proceedings designated on appeal, together with required copies or photos of all exhibits attached, prepared by a certified or licensed shorthand reporter or a reporter appointed in compliance with Section 106.3B of Title 20. But see Rule 2.2(B)(4).

D. Notice of Intent to Appeal. A written instrument in the form prescribed by this Court filed by trial counsel serving notice to the trial court of the appealing party's intent to appeal the conviction or order, and filed with the clerk of the trial court, and a certified copy filed with the Clerk of the Court of Criminal Appeals. See Rule 1.14(C).

E. Designation of Record. The instrument filed by trial counsel with the clerk of the trial court and the Clerk of the Court of Criminal Appeals designating the records to be filed on appeal. It shall include that portion of the original record and that portion of the transcript of evidence which the appealing party requests in order to perfect the appeal. It shall list in specific terms the items to be included on appeal. Use of terms such as "All proceedings where a court reporter was present" are not sufficiently specific for the purpose of requiring transcripts to be prepared. Transcripts shall be requested by date and type of hearing to be transcribed.

F. Record on Appeal. The record on appeal consists of the Petition in Error, three (3) certified copies of the original record and, the original and two certified copies of the transcript of evidence and the exhibits incorporated therein, if any portions of the proceedings or evidence were designated for inclusion. In capital cases, the record on appeal consists of the Petition in Error, four (4) certified copies of the original record, and the original and three (3) certified copies of the transcript of evidence and the exhibits incorporated therein. See Section 1089(B) of Title 22.

G. Certiorari on Plea of Guilty or Nolo Contendere. The only method of appeal from a conviction on a plea of guilty or nolo contendere entered in the trial court. See Section IV of these Rules.

H. Post-Conviction Remedies. Remedies available after the regular appeal period has lapsed or mandate issued. Sections 1080 to 1089 of Title 22. See Section V of these Rules. PROVIDED HOWEVER, capital cases are subject to specific remedies set out in Rule 9.7.

I. Capital Cases. Any case (including post-conviction applications) in which the death penalty has been imposed. See Section IX of these Rules.

J. Resentencing Appeal. An appeal from a resentencing proceeding conducted by the trial court. See Section 929 of Title 22 and Section 701.10a of Title 21.

K. Tendered for Filing. Any document, other than the record on appeal and briefs filed as a matter of right pursuant to Rule 3.4, offered by a party, which that party seeks to have admitted into the record before the Court of Criminal Appeals shall be presented to the Clerk of this Court, who shall stamp it tendered for filing, enter it on the docket as tendered, and submit to the Court for a decision whether to grant or deny the tendered document. Documents tendered for filing shall not be a part of the record of the pending appeal unless an order granting the acceptance of the document is entered by the Court.

L. Verification/Notary Public. For the purpose of these Rules when a Rule or Form requires that a document be verified before a Notary Public or other person authorized to administer oaths, it shall be sufficient if the person required to verify the document or form complies with the provisions of 12 O.S.Supp.2004, § 426, and verifies utilizing the statutory verification as follows: "I state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct. (Date and place) (Signature)" with the date and place printed on the line and the name printed under the signature.


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