OCCAOnline Rules of the Court of Criminal Appeals

(Updated 5/21/2003 in accordance with 2003 OK CR 9)
(Updated 1/31/2008 in accordance with 2008 OK CR 5)


Rule 3.2 Instruments to be Filed to Complete the Appeal.

A. Petition in Error. An original and ten (10) copies.

B. Original Record. Three (3) certified copies, two (2) to be sent to the Clerk of the Court of Criminal Appeals and one (1) to either the Oklahoma Indigent Defense System, pursuant to Section 1362 of Title 22, or retained or other appointed counsel of record on appeal. In capital cases in which an application for post-conviction relief will be filed, and in which the Oklahoma Indigent Defense System or another attorney has been appointed for that purpose, another copy in addition to the copies specified above shall be sent to the Oklahoma Indigent Defense System or the attorney appointed. See Section 1089(B) of Title 22.

C. Transcript of Evidence.

(1) An original and two (2) certified copies of all designated transcripts, the original and one (1) certified copy to be sent to the Clerk of the Court of Criminal Appeals and one (1) certified copy to either the Oklahoma Indigent Defense System, pursuant to Section 1362 of Title 22, or retained or other appointed counsel of record on appeal. In capital cases in which an application for post-conviction relief will be filed, and in which the Oklahoma Indigent Defense System or another attorney has been appointed for that purpose, another copy in addition to the copies specified above shall be sent to the Oklahoma Indigent Defense System or the attorney appointed. See Section 1089(B) of Title 22.

(2) In the event the petition in error is timely filed but the designated transcripts have not been completed and cannot be filed, the court reporter who transcribed the trial, or other proceeding, must submit an affidavit to this Court showing why the transcripts have not been completed and requesting an extension of time not exceeding thirty (30) days. A copy of the affidavit and request for extension of time shall be mailed to the trial judge, trial court clerk and appellate counsel. The affidavit must be submitted by the court reporter to this Court and must show good cause why the additional time is needed. An affidavit from an appellant's attorney, the attorney's assistant or any person other than the court reporter shall not suffice. For purposes of this Section, "good cause shown" shall not include press of business. If the reason the transcripts have not been timely filed is due to the fault of the appellant, the court reporter shall set out with specificity the facts constituting appellant's fault. The Presiding Judge may grant requests for extensions. The clerk of this Court shall send a copy of the order granting or denying the extension request to the trial judge, trial court clerk and appellate counsel in addition to the court reporter. After filing an affidavit and request for extension out of time pursuant to this subsection, any request for an extension beyond sixty (60) days from the original due date will require the court reporter to contact the Presiding Judge or Vice-Presiding Judge who shall, subject to the approval of the Court at conference, make a determination of whether additional time can be granted or whether the court reporter must appear in person before the Presiding Judge or the Vice-Presiding Judge, or the Court en banc to show cause as to why any additional time is required. See also Rule 9.2(C) and Section 701.13 of Title 21. If the Court determines the failure to timely file the transcripts is due to the fault of appellant, the appeal may be dismissed after notice and opportunity to be heard.

(3) The appellate counsel is required to constantly monitor the preparation of the records for appeal and is ultimately responsible for the timely filing of the appeal records. Requests for assistance in the timely preparation of the records may be submitted to this Court for appropriate action, to include applications for writ of mandamus.

D. Transmission of Records. The Clerk of this Court shall transmit copies of records and transcripts to appellee as necessary.

E. Trial Court's Duty to Preserve Records. When during the course of trial proceedings a transcript is prepared at State expense, it shall be the duty of the trial court to enter an appropriate order defining access to those transcripts during the trial proceedings; and after completion of the trial proceedings to order the timely return of all transcripts to the trial court clerk so they may be filed on appeal. At the time the trial court approves transcripts of preliminary hearings or pretrial proceedings to be prepared at State expense, the order entered shall require the court reporter to file the transcripts with the trial court clerk and provide access to the parties for trial preparation with the requirement all transcripts shall be returned to the clerk of the trial court within ten (10) days of the sentencing. The order shall also direct that a party granted access to the transcripts for purpose of appeal shall return all transcripts to the clerk of the trial court within twenty (20) days from the date the mandate of the decision on appeal is entered by this Court. This order shall ensure notice of requirements is directed to both the State and the defendant. See Section 106.4a of Title 20; Tiger v. State, 859 P.2d 1117 (Okl.Cr.1993).


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