Rule 3.5. Briefs; Contents; Citation of Authorities
Oklahoma Statutes AnnotatedTitle 22. Criminal ProcedureEffective: December 5, 2019
Effective: December 5, 2019
T. 22, Ch. 18, App., Rule 3.5
Rule 3.5. Briefs; Contents; Citation of Authorities
(5) An argument, containing the contentions of the appellant, which sets forth all assignments of error, supported by citations to the authorities, statutes and parts of the record. Each proposition of error shall be set out separately in the brief. Merely mentioning a possible issue in an argument or citation to authority does not constitute the raising of a proposition of error on appeal. Failure to list an issue pursuant to these requirements constitutes waiver of alleged error. See Armstrong v. State, 1991 OK CR 34, 811 P.2d 593, 599.
(1) Both parties shall also include a concise statement of the applicable standard of review in the discussion of each issue presented or in a separate heading placed before the discussion of the issue. The parties shall also provide a reference to the pages of the record filed and the authorities relied upon in support of each point raised.
(2) Opinions of the Oklahoma Court of Criminal Appeals issued for publication shall be published on the Oklahoma State Court Network website as www.oscn.net. Opinions published on the website shall be the official public domain versions of the Court's opinions. See Rule 1.0(D) for citation to Rules.
(a) Citation to opinions of the Oklahoma Court of Criminal Appeals shall include citation to the official public domain citation form and to the relevant edition of the Pacific Reporter. Parallel citation to Oklahoma Criminal Reports is permitted but not required. The official public domain format includes the style of the case, the year the mandate issued, the “OK CR” designation, and the number assigned to the opinion by the Court. Citations shall include pinpoint citations to paragraph and/or page numbers. Examples of permissible parallel citation form include:
(3) In all instances, an unpublished decision is not binding on this Court. However, parties may cite and bring to the Court's attention the unpublished decisions of this Court provided counsel states that no published case would serve as well the purpose for which counsel cites it, and provided further that counsel shall provide opposing counsel and the Court with a copy of the unpublished decision.
(6) Failure to present relevant authority in compliance with these requirements will result in the issue being forfeited on appeal. See Stafford v. State, 1990 OK CR 74, ¶ 12, 800 P.2d 738, 741; Walton v. State, 1987 OK CR 227, ¶ 10, 744 P.2d 977, 979; S.R.S. v. State, 1986 OK CR 168, ¶ 5, 728 P.2d 515, 518.
D. Length of Brief. The brief shall not exceed fifty (50) typewritten 8-1/2 x 11-inch pages in length, except as otherwise specified. See Rule 9.3 for page limits on capital cases. Briefs may be either printed or typewritten and must be double spaced. Quotations of fifty (50) words or more in length from any authority cited in a brief must be indented and single spaced. Left and right margins must be one inch. The top margin must be 1-1/4 inch, and the bottom margin must be one inch.
Credits
Amended December 10, 1997, effective January 1, 1998; January 15, 1998, effective January 1, 1998. Amended effective September 3, 1998; April 1, 1999; May 21, 2003; January 31, 2008. Corrected effective February 6, 2008; February 20, 2008. Amended effective August 26, 2014. Corrected effective August 28, 2014. Amended effective September 1, 2014; December 5, 2019.
Court of Criminal Appeals Rule 3.5, 22 O. S. A. Ch. 18, App., OK ST CR A CT Rule 3.5
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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