Rule 1.40. Definitions, Rules Applicable, New Trial, and Effect of Failure to Appeal
Oklahoma Statutes AnnotatedTitle 12. Civil Procedure
T. 12, Ch. 15, App. 1, Rule 1.40
Rule 1.40. Definitions, Rules Applicable, New Trial, and Effect of Failure to Appeal
(b) Rules Applicable to Appeals of Interlocutory Orders. The rules of general application (Part I of these Rules) shall apply to appeals from a district court's interlocutory orders appealable by right. Unless specifically provided otherwise, the rules governing appeals from judgments or final orders of the district court (Part II of these Rules) shall apply to appeals from a district court's interlocutory orders appealable by right.
(c) Rules Applicable to Review of Certified Interlocutory Orders. The rules of general application (Part I of these Rules) shall apply to review of certified interlocutory orders when the application of the rule is consistent with this Court's review process pursuant to 12 O.S. § 952, Subdiv. (b)3. The rules governing appeals from judgments or final orders of the district court (Part II of these Rules) shall apply to review of certified interlocutory orders when the application of the rule is consistent with this Court's review process pursuant to 12 O.S. § 952, Subdiv. (b)3.
(f) Effect of Failure to Appeal From an Interlocutory Order. Failure of a party to appeal from any interlocutory order that is appealable either under the provisions of 12 O.S. § 952 Subdivs. (b)2 or 3, or 58 O.S. § 721, shall not preclude it from asserting errors in that interlocutory order in an appeal taken from the judgment or final order in the case.
Credits
Amended July 1, 2013, effective August 1, 2013.
Sup. Ct. Rules, Rule 1.40, 12 O. S. A. Ch. 15, App. 1, OK ST S CT Rule 1.40
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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