OCCAOnline Rules of the Court of Criminal Appeals

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


Rule 5.3 Duties of Court Clerks and Court Reporters

A. The court clerk shall on the same day that the order granting or denying post-conviction relief is filed in the District Court, mail to petitioner or counsel of record for the post-conviction proceedings, a file-stamped certified copy of the order of the District Court setting out findings of fact and conclusions of law granting or denying the application. 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.

B. 1. Upon receipt of the notice of post-conviction appeal, the Clerk of the District Court shall compile two certified copies of the record on appeal as defined by Rule 5.2(C)(6), and ensure the Notice of Completion of record is filed with this Court within thirty (30) days of the filing of the order granting or denying post-conviction relief, unless an extension is requested by the court clerk and granted by this Court.

2. When an evidentiary hearing is held in a non-capital case pursuant to Section 1084 of Title 22 and a notice of post-conviction appeal is filed with the court clerk and served on the court reporter within ten (10) days of the filing of the order granting or denying post-conviction relief, the court clerk and court reporter shall ensure the record and transcript of the proceedings on the application are completed and notice of completion of record is filed with this Court within thirty (30) days of the filing of the order. Except for the specific time requirements of this Rule, the provisions of Rule 2.3(B) apply.


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