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Form 5. Petition in Error

Oklahoma Statutes AnnotatedTitle 12. Civil ProcedureEffective: September 25, 2023

Oklahoma Statutes Annotated
Title 12. Civil Procedure (Refs & Annos)
Chapter 15.--Appendix 1. Oklahoma Supreme Court Rules (Refs & Annos)
Part X. Appendix of Forms
Effective: September 25, 2023
T. 12, Ch. 15, App. 1, Form 5
Form 5. Petition in Error
Currentness
IN THE SUPREME COURT OF THE STATE OF OKLAHOMA
________________________________________,
Plaintiff/Appell__________,
No.____________________
vs.
________________________________________,
Defendant/Appell__________,
_____ PETITION IN ERROR
_____ AMENDED OR SUPPLEMENTAL PETITION
_____ CROSS PETITION
_____ COUNTER-PETITION
DATE FIRST PETITION IN ERROR FILED: ____________________
I. TRIAL COURT HISTORY
COURT/TRIBUNAL:
 
COUNTY:
 
CASE NO.:
 
JUDGE:
 
NATURE OF CASE:
 
(e.g., Divorce, Personal Injury)
NAME OF PARTY OR PARTIES FILING THIS PETITION IN ERROR:
 
 
THE APPEAL IS BROUGHT FROM: (Check one)
_____ Judgment, Decree or Final order of District Court.
_____ Appeal from order granting summary judgment or motion to dismiss (Accelerated procedure under Rule 1.36).
_____ Appeal from Revocation of Driver's License (Rule 1.21(b)).
_____ Final Order of Other Tribunal.
(Specify Corporation Commission, Insurance Department, Tax Commission, Court of Tax Review, Banking Board or Banking Commissioner, etc. ____________________)
_____ Interlocutory Order Appealable by Right.
_____ Other________________________________________
II. TIMELINESS OF APPEAL
1. Date judgment, decree or order appealed was filed: ____________________.
2. Did the party appealing prepare the judgment, decree or order appealed? _____ Yes _____ No.
3. Date the certificate of service was filed in the trial court: ____________________.
4. Does the judgment or order on appeal dispose of all claims by and against all parties? _____ Yes _____ No.
If not, did district court direct entry of judgment in accordance with 12 O.S. § 994? _____ Yes _____ No.
When was this done? ______________________________
5. If the judgment or order is not a final disposition, is it appealable because it is an Interlocutory Order Appealable by Right? _____ Yes _____ No.
Specific statutory basis for interlocutory order appealable by right: ______________________________.
6. If none of the above applies, what is the specific statutory basis for determining the judgment or order is appealable? ______________________________
7. Were any post-trial motions filed?
Type Date -- Filed Date -- Disposed
______________________________ ______________________________ ______________________________
______________________________ ______________________________ ______________________________
______________________________ ______________________________ ______________________________
8. This Petition is filed by: _____ Delivery to Clerk, or _____ Mailing to Clerk by U.S. Certified Mail, Return Receipt Requested, on ____________________ (date)
III. RELATED OR PRIOR APPEALS
List all prior appeals involving same parties or same trial court proceeding:
 
 
List all related appeals involving same issues:
 
 
(Identify by Style, Appeal Number, Status, and Citation, if any. If none, so state.)
IV. SETTLEMENT CONFERENCE
Is appellant willing to participate in an attempted settlement of the appeal by predecisional conference under Rule 1.250? _____ Yes _____ No.
V. RECORD ON APPEAL
_____ A Transcript will be ordered.
_____ No Transcript will be ordered because no record was made and/or no transcript will be necessary for this appeal
_____ A Narrative Statement will be filed
_____ Record is concurrently filed as required by Rule 1.34 (Driver's License Appeals, etc.) or Rule 1.36 (Summary judgments and motions to dismiss granted).
VI. JUDGMENT, DECREE OR ORDER APPEALED -- EXHIBIT “A”
(Attach as Exhibit “A” to the Petition in Error a certified copy of the judgment, decree or order from which the appeal is taken. If a post-trial motion extending appeal time under Rule 1.22 was filed, a certified copy of the order disposing of the motion must be attached also.)
VII. SUMMARY OF CASE -- EXHIBIT “B”
Attach as Exhibit “B” a brief summary of the case not to exceed one 8 1/2″ x 11″ double spaced page.
VIII. ISSUES TO BE RAISED ON APPEAL -- EXHIBIT “C”
Attach as Exhibit “C” the issues proposed to be raised. Include each point of law alleged as error. Avoid general statements such as “Judgment not supported by law.”
IX. NAME OF COUNSEL OR PARTY, IF PRO SE
ATTORNEY FOR APPELLANT
Name:
 
OBA No.: ______________________________
Firm: ________________________________________
Designated Case-Specific Email Address: ______________________________[if applicable]
Secondary Email Address: ______________________________[if applicable]
Address:
 
Telephone: ______________________________
ATTORNEY FOR APPELLEE
Name:
 
OBA No.: ______________________________
Firm: ________________________________________
Designated Case-Specific Email Address: ______________________________[if applicable]
Secondary Email Address: ______________________________[if applicable]
Address:
 
Telephone: ______________________________
DATE: ____________________ 20_____
 
 
Verified by (Signature of Attorney or Pro Se Party)
 
 
Firm
 
 
Designated Case-Specific Email Address [if applicable]
 
 
Secondary Email Address [if applicable]
 
 
Address
 
 
Telephone
X. CERTIFICATE OF MAILING TO ALL PARTIES AND COURT CLERK
I hereby certify that a true and correct copy of the Petition in Error was mailed this _____ day of ____________________, 20_____ by depositing it in the U.S. Mail, postage prepaid or by electronic mail to ________________________________________ <Name and Address and/or Email Address of Each Party or Counsel>
I further certify that a copy of the Petition in Error was mailed to, or filed in, the Office of ________________________________________ <District Court Clerk or Other Tribunal> on the _____ day of ____________________, 20_____.
 
 
Certified by (Signature of Attorney or Pro Se Party)

Credits

Amended July 1, 2013, effective August 1, 2013. Amended effective September 25, 2023.
Sup. Ct. Rules, Form 5, 12 O. S. A. Ch. 15, App. 1, OK ST S CT Form 5
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
End of Document