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Rule 1.178. Review by the Supreme Court on Certiorari

Oklahoma Statutes AnnotatedTitle 12. Civil Procedure

Oklahoma Statutes Annotated
Title 12. Civil Procedure (Refs & Annos)
Chapter 15.--Appendix 1. Oklahoma Supreme Court Rules (Refs & Annos)
Part V. Appeals Assigned to the Court of Civil Appeals
T. 12, Ch. 15, App. 1, Rule 1.178
Rule 1.178. Review by the Supreme Court on Certiorari
Currentness
(a) Reasons for Certiorari. A review of an opinion of the Court of Civil Appeals in the Supreme Court on writ of certiorari as provided in 20 O.S. ยง 30.1 is a matter of sound judicial discretion and will be granted only when there are special and important reasons and a majority of the justices direct that certiorari be granted. The following, while neither controlling nor fully measuring the Supreme Court's discretion, indicate the character of reasons which will be considered:
(1) Where the Court of Civil Appeals has decided a question of substance not heretofore determined by this court;
(2) Where the Court of Civil Appeals has decided a question of substance in a way probably not in accord with applicable decisions of this Court or the Supreme Court of the United States;
(3) Where a division of the Court of Civil Appeals has rendered a decision in conflict with the decision of another division of that court;
(4) Where the Court of Civil Appeals has so far departed from the accepted and usual course of judicial proceedings or so far sanctioned such procedure by a trial court as to call for the exercise of this Court's power of supervision.
(b) Rehearing Before the Court of Civil Appeals and Certiorari.
(1) A party may petition for certiorari without having first sought rehearing in the Court of Civil Appeals.
(2) If any party seeks rehearing in accordance with Rule 1.177 the time to bring a certiorari petition shall not begin to run for any party until the Court of Civil Appeals has denied all rehearing petitions filed in the case.
(3) If on rehearing the Court of Civil Appeals changes or corrects its opinion, any aggrieved party may bring, in accordance with Rule 1.177 a rehearing petition addressing either the changed or corrected portions of the opinion or the text that was present before the change or correction. The time to bring a certiorari petition for review of a changed or corrected opinion in a case where rehearing was sought shall not begin to run until the rehearing petition has been denied.
(4) No petition for certiorari may be filed in the Supreme Court during the pendency of any rehearing petition in the Court of Civil Appeals. A certiorari petition filed during the pendency of a rehearing will be treated as timely filed only if the Court of Civil Appeals ultimately denies rehearing.
(5) If a petition for rehearing is timely filed in the Court of Civil Appeals after a petition for certiorari has been filed, the certiorari petition shall be treated as timely filed only if rehearing is ultimately denied by the Court of Civil Appeals.

Credits

Amended July 1, 2013, effective August 1, 2013.
Sup. Ct. Rules, Rule 1.178, 12 O. S. A. Ch. 15, App. 1, OK ST S CT Rule 1.178
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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