OCCAOnline Rules of the Court of Criminal Appeals

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


SECTION X. EXTRAORDINARY WRITS

Rule 10.1 Types of Extraordinary Writs; Jurisdiction; Duties of District Court Clerk

A. This Court may entertain certain extraordinary writs which arise out of criminal matters. Such extraordinary writs include writs of mandamus, prohibition, and habeas corpus. This Court will only entertain such writs if petitioner has been denied relief in the District Court. See, e.g., McNeil v. Greenway, 815 P.2d 1202, 1203 (Okl.Cr.1991), In re Dykes, 13 Okl. 339, 74 P. 506, 507 (1903).

B. The District Court may stay the execution of its judgment upon the filing of a verified motion to stay execution of the judgment pending appeal within ten (10) days from the date of the entry of the judgment. If the motion is granted, the party granted the stay shall file a certified copy of the petition for extraordinary relief in the District Court within five (5) days after the filing of the petition in this Court to ensure the District Court is notified of the perfecting of the appeal.

C. It shall be the responsibility of the petitioner to ensure the record is filed with the Clerk of this Court. In order to seek relief, the petitioner shall file within thirty (30) days from the date the trial court's order is filed in the District Court:

(1) A petition and supporting brief setting forth the relief requested which shall contain a statement of facts, the trial court from which the appeal is lodged and the District Court case number, errors of law urged as having been committed during the proceedings in the trial court and citation of legal authority supporting the petition;

(2) A certified copy of the original record applicable to the writ which shall include a copy of the order entered by the trial court;

(3) A certified copy of any supporting evidence presented to the District Court upon which the request for relief is predicated; and,

(4) The original transcript of any proceedings conducted on the petition, if applicable.

D. It shall be the duty of the clerk of the trial court to mail, no later than one (1) day after the order granting or denying extraordinary relief is filed, a certified file-stamped copy of the order to the Petitioner and/or Counsel of record. The clerk of the trial court shall include a certificate of mailing with the order.


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