Home Table of Contents

Rule 4. Motion Practice

Oklahoma Statutes AnnotatedLocal District Court RulesEffective: September 15, 2023

Oklahoma Statutes Annotated
Local District Court Rules
Rules of the Tenth Judicial District [Osage County]
Effective: September 15, 2023
OK Tenth Judicial District Court Osage Rule 4
Rule 4. Motion Practice
a. Civil. Pursuant to District Court Rule Four, any motion requiring response which has not been responded to within the appointed time may be deemed confessed without further notice or hearing. Upon written application by any party, the Court may set motions for oral argument at a date and time certain.
b. Criminal. Motions filed in criminal cases prior to preliminary hearing shall be heard and ruled on at the preliminary hearing; Motions filed after the preliminary hearing shall be heard at the District Court arraignment or at the pretrial conference; Provided, however, upon application by either party, said application properly showing sufficient grounds that a delay in the ruling on a motion will cause the party to suffer prejudice thereby, the Court will specially set said motion for oral argument and ruling at a time and date certain.
c. Motion Practice in Probate/Guardianship/Adoption Proceedings. All orders (including orders for hearing) or judgments or memorials thereof must be presented to the court by counsel of record in person or by unrepresented parties in person. Counsel or unrepresented parties will not seek leave of the court to avoid this requirement.
d. Default Judgment in Civil Proceedings. Once a party is in default, a default judgment pursuant to District Court Rule 10 may be requested by filing a written motion for default judgment, a form of judgment, and an affidavit setting forth that plaintiff's claim is for a particular sum certain (if applicable), and the factual basis for such a claim. If the case is ripe for judgment without notice, the motion should explain why, and the Court may proceed without notice if it concurs that no notice is required. In the event the Court believes that notice is required, the Court may set a hearing on the motion with respect to which notice shall be provided by the party moving for default judgment.
e. Setting Matters for Hearing. The party presenting an order setting a matter for hearing shall disclose the following to the court:
* time required for the hearing,
* the need for a reporter,
* practical and/or statutory constraints associated with the notice required,
* availability of the litigants and counsel,
* whether the other side objects to the setting of the hearing, and
* any other information the court may request.
Failure to provide the above information or show good cause why same is not being provided may result in the proposed order for hearing being returned without judicial approval.
f. Length and Format of Briefs. No brief shall be submitted that is longer than twenty (20) typewritten pages without leave of Court. Motions for leave to file a brief in excess of twenty typewritten pages shall state the requested number of pages and shall be filed no later than 1 day prior to the date the brief is due. The print style, including footnotes, shall not be smaller than twelve (12) characters to an inch (i.e., 12 pitch font), and margins shall be a minimum of one inch on the top, bottom and sides. Counsel or unrepresented parties will not seek leave of the court to avoid these requirements.

Credits

Amended effective March 1, 2019; September 15, 2023.
Tenth Judicial District Court Osage Rule 4, OK R 10 DIST CT Osage Rule 4
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
End of Document