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 1.3 Records - Withdrawal

A. Prohibited. The Clerk of this Court shall not permit any of the following to be taken from the Clerk's office without an order from this Court:

(1) The certified copy of the original record;

(2) The original of the transcript of proceedings designated on appeal; or

(3) Any physical evidence filed on appeal.

B. Request to Inspect and/or Copy Records. A party may request to inspect and/or copy the items listed in Paragraph (A) of this Section. Such request shall be made to the Clerk of this Court. The Clerk shall designate a day and time for the inspection and/or copying, which shall take place at the office of the Clerk of the Court of Criminal Appeals. All such inspections and/or copying shall be done in the presence of the Clerk and at the expense of the party requesting the copies.

C. Request to Inspect Juror Questionnaires. When juror questionnaires are used during a criminal trial, access to the questionnaires by the parties must be balanced against the juror's right to privacy and to the confidentiality of the information in the questionnaires. OUJI-CR 1-10. Copies of the questionnaires shall be made available only for use during voir dire to the attorneys for the prosecution and defense, and to the trial court. Id. All copies shall be destroyed at the conclusion of voir dire. The original questionnaires of all impaneled or questioned jurors shall be sealed by the trial court and retained, but not made part of the public record. The original questionnaires of jurors not questioned during voir dire shall be destroyed at the conclusion of the juror's service.

On appeal, if appellate counsel designates the questionnaires of all impaneled or questioned jurors, the Clerk of the District Court shall transmit the sealed original questionnaires to the Clerk of the Court of Criminal Appeals along with the rest of the appeal record. The attorneys of record on appeal may only view the juror questionnaires at this Court and shall not take the juror questionnaires out of the custody of the Court. The attorneys of record on appeal may contact the Marshal of the Court of Criminal Appeals to set a date and time when the questionnaires may be viewed at this Court. When the appeal has been decided and mandated, all juror questionnaires shall be destroyed by the Clerk of this Court.


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