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Rule 5.3. Duties of Court Clerks and Court Reporters

Oklahoma Statutes AnnotatedTitle 22. Criminal ProcedureEffective: February 5, 2018

Oklahoma Statutes Annotated
Title 22. Criminal Procedure (Refs & Annos)
Chapter 18.--Appendix. Rules of the Court of Criminal Appeals
Section V. Procedures for Appealing Final Judgment Under Post-Conviction Procedure Act
Effective: February 5, 2018
T. 22, Ch. 18, App., Rule 5.3
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 Notice of Post-conviction Appeal, 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 twenty (20) 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 Notice of Post-conviction Appeal. Except for the specific time requirements of this Rule, the provisions of Rule 2.3(B) apply.

Credits

Amended December 10, 1997, effective January 1, 1998. Amended January 15, 1998, effective retroactively January 1, 1998. Amended effective May 21, 2003; February 5, 2018.
Court of Criminal Appeals Rule 5.3, 22 O. S. A. Ch. 18, App., OK ST CR A CT Rule 5.3
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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