Home Table of Contents

Rule 8. Refiling of Cases

Oklahoma Statutes AnnotatedLocal District Court Rules

Oklahoma Statutes Annotated
Local District Court Rules
Rules of the Seventh and Twenty-Sixth Administrative Districts [Oklahoma and Canadian Counties]
Okl.St.Ann. Rule 8
Rule 8. Refiling of Cases
Currentness
A. When either a civil or criminal case is terminated other than on its merits and the same cause of action is thereafter refiled, the case shall be returned to the judge to whom it was originally assigned or the judge's successor, without regard to its case number or the judge assigned randomly upon refiling.
1. Where a criminal case has been dismissed by order of the assigned Judge under the provisions of 22 O.S. Section 815, after the Judge has sustained a motion to suppress and dismissed the case on motion of the District Attorney for the reason the State has no more evidence to present and in the event the case is refiled by the District Attorney, then the refiled case shall be randomly reassigned to a Judge other than the one who previously ruled on the motion to suppress and the Judge to whom the subsequent refiled case is assigned shall not be bound by the prior ruling on the motion to suppress.
2. When a case is refiled under the conditions set forth in Paragraph (A)(1) of this Rule and the assigned Judge is the same Judge who ruled on the motion to suppress referred to in Paragraph (A)(1) of this rule, then the District Attorney shall prepare an order citing this rule and present the order for signature to the assigned Judge, ordering the Oklahoma County Court Clerk to randomly assign the case to a different Judge and the District Attorney shall then file the order with the Court Clerk and the Court Clerk shall then cause the case to be randomly assigned to a different Judge.
B. The procedure for transferring such case is as follows: The party filing the case shall immediately bring it to the attention of the newly assigned judge who shall execute a transfer order transferring the case to the Chief Judge for reassignment to the original judge. Upon failure of the party filing the case to cause the case to be reassigned in accordance with this rule, any other party or attorney representing a party having knowledge of the previous filing shall cause the case to be reassigned to the original judge.
C. Any party to the case or their attorney having knowledge that the case should be reassigned and failing to act in accordance with this rule may be sanctioned by the Court for violation of Court rules.
D. It should be noted that it is the cause of action rather than the identity of the parties that is determinative of whether or not the case comes within the scope of this rule and should be reassigned.
E. Any re-filed case shall recite in the petition/information the style, case number, and name of the assigned judge of the previously filed case.

Credits

[Adopted effective May 1, 2000. Amended effective January 1, 2005.]
Okl. St. Ann. Rule 8, OK ST T. Rule 8
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
End of Document