Rule 10.1. Types of Extraordinary Writs; Jurisdiction; Duties of District Court Clerk
Oklahoma Statutes AnnotatedTitle 22. Criminal Procedure
T. 22, Ch. 18, App., Rule 10.1
Rule 10.1. Types of Extraordinary Writs; Jurisdiction; Duties of District Court Clerk
A. This Court may entertain certain extraordinary writs which arise out of criminal matters. Such extraordinary writs include writs of mandamus, prohibition, and habeas corpus. This Court will only entertain such writs if petitioner has been denied relief in the District Court. See, e.g., McNeil v. Greenway, 815 P.2d 1202, 1203 (Okl.Cr.1991), In re Dykes, 13 Okl. 339, 74 P. 506, 507 (1903).
B. The District Court may stay the execution of its judgment upon the filing of a verified motion to stay execution of the judgment pending appeal within ten (10) days from the date of the entry of the judgment. If the motion is granted, the party granted the stay shall file a certified copy of the petition for extraordinary relief in the District Court within five (5) days after the filing of the petition in this Court to ensure the District Court is notified of the perfecting of the appeal.
(1) A petition and supporting brief setting forth the relief requested which shall contain a statement of facts, the trial court from which the appeal is lodged and the District Court case number, errors of law urged as having been committed during the proceedings in the trial court and citation of legal authority supporting the petition;
D. It shall be the duty of the clerk of the trial court to mail, no later than one (1) day after the order granting or denying extraordinary relief is filed, a certified file-stamped copy of the order to the Petitioner and/or Counsel of record. The clerk of the trial court shall include a certificate of mailing with the order.
Credits
Amended December 10, 1997, effective January 1, 1998. Amended January 15, 1998, effective retroactively January 1, 1998. Amended effective May 21, 2003.
Court of Criminal Appeals Rule 10.1, 22 O. S. A. Ch. 18, App., OK ST CR A CT Rule 10.1
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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