Rule 6.1. Commencement of Appeal
Oklahoma Statutes AnnotatedTitle 22. Criminal ProcedureEffective: November 7, 2023
Effective: November 7, 2023
T. 22, Ch. 18, App., Rule 6.1
Rule 6.1. Commencement of Appeal
A. An appeal may be taken from a magistrate's adverse ruling to the State in accordance with the provisions of Sections 1089.1 through 1089.7 of Title 22 and Section XI. At the conclusion of the appeal, the reviewing judge shall enter an order containing findings of fact and conclusions of law supporting the ruling. See Sections 1089.5 and 1089.6 of Title 22.
B. In the event the reviewing judge reverses the magistrate's order, that order constitutes an interlocutory order which may only be raised in a regular appeal, in the event of a conviction. In the event the reviewing judge affirms the magistrate's order, that order constitutes a final appealable order by the State.
(1) The State must file notice of intent to appeal and designation of record with the trial court clerk within five (5) days from date the reviewing judge's ruling is pronounced in open court or filed in the office of the court clerk, whichever date is earlier. The filing of the Notice of Intent to Appeal in the District Court is jurisdictional and failure to timely file constitutes waiver of the right to appeal. The Notice of Intent to Appeal, together with a certified copy of the reviewing judge's order, shall also be filed by the trial counsel seeking the appeal with the Clerk of this Court within ten (10) days from the date the Notice is filed in the trial court. See 22 O.S. ยง 1089.2; Rule 2.5; and Form 13.4.
Credits
Amended effective May 21, 2003; November 7, 2023.
Court of Criminal Appeals Rule 6.1, 22 O. S. A. Ch. 18, App., OK ST CR A CT Rule 6.1
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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