Rule 3.1. Contents of Petition in Error; Filing
Oklahoma Statutes AnnotatedTitle 22. Criminal ProcedureEffective: November 7, 2023
Effective: November 7, 2023
T. 22, Ch. 18, App., Rule 3.1
Rule 3.1. Contents of Petition in Error; Filing
C. Filing of Petition in Error. The petition in error shall be filed with the Clerk of this Court within ninety (90) days in misdemeanor and regular felony appeals, sixty (60) days in juvenile cases and Stand Your Ground appeals (See Rules 7.3, 16.4), and six (6) months in capital cases (See Rule 9.2(B)). This time limit is measured from the date the Judgment and Sentence is imposed; or the order being appealed is pronounced in open court or filed in the office of the district court clerk, whichever date is earlier. The Clerk of this Court shall affix the original of the petition in error to the records for appeal when they are filed. The filing of the petition in error is jurisdictional and failure to timely file constitutes waiver of right to appeal.
D. Amendment of Petition in Error. Before an amendment to the petition in error may be filed, the appellant must obtain leave of this Court by filing a motion to amend, which sets forth with specificity the basis for the requested amendment. The granting of a motion to file an amended petition in error shall not serve as the basis for filing additional propositions of error after the brief in chief has been filed.
Credits
Amended December 10, 1997, effective January 1, 1998; January 15, 1998, effective January 1, 1998. Amended effective November 7, 2023.
Court of Criminal Appeals Rule 3.1, 22 O. S. A. Ch. 18, App., OK ST CR A CT Rule 3.1
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
End of Document |