The Oklahoma Bar Journal February 2023

the appellate court, the affidavit in forma pauperis shall be filed with the petition in error, and shall be in substantial compli ance with the form prescribed by Rule 1.301, Form No. 4 . 40 Finally, Rule 1.23(b) was amended to require the court clerk to file all petitions in error “upon receipt.” 41 In practice, the court clerk must now file a petition in error even if the cost deposit or pauper’s affidavit is not included. If the cost deposit or pauper’s affida vit is not timely received, the case will be sent to the conference to determine whether the petition in error was timely. 42 2019, and provides that a cross- appeal or counter-appeal must now be filed within 30 days “from the date the petition in error is filed by the Appellant in the same case.” 43 Practitioners should note that this amendment is a significant change from the prior rule. Previously, a cross- or counter-appeal had to be filed within 40 days of the date the judgment was filed in the district court . With this amendment, the triggering event to file a cross- or counter-appeal is now the filing of the appellant’s petition in error : (a) Cross-Appeal or Counter-Appeal. If a petition in error has been timely filed to commence an appeal from an appealable deci sion, then a party aggrieved by the same decision may file a cross or counter petition in error within thirty (30) days from the date the petition in error is filed by the Appellant in the same case. Failure to file within the time allowed will result in the dismissal of the cross or counter appeal. 44 RULE 1.27(A) Rule 1.27(a) was amended Oct. 21,

ADDITIONAL RECENT AMENDMENTS Rule 1.11 – Form and Content of Briefs (Amended effective Nov. 14, 2022) Rule 1.11 was amended to specify font size and spacing for footnotes in briefs: “Footnotes shall also be in clear type not less than 11-point font and may be single spaced lines. Briefs will be stricken or footnotes will be disregarded where a foot note raises a substantive argument or where a party’s use of footnotes is abusive or an attempt to circumvent the 30-page length requirement.” Rule 1.21 – Computation of Time for Commencement of Appeal (Amended effective Dec. 1, 2022) Subsection (f) of Rule 1.21(f) was also amended to address appeals from the termination of parental rights. The following subsections were added to address timeliness of petitions in error filed in a parental termination appeal: (2) A party who wishes to challenge the termination of parental rights is entitled to the effective assistance of counsel at trial, as well as in perfecting any appeal. 10A O.S. § 1-4-306(A); Matter of J.L.O. , 2018 OK 77, ¶35, 428 P.3d 881; Supreme Court Rules 1.4, 1.23(a)-(d); Oklahoma Rules of Professional Conduct, 5 O.S., Ch. 1, App. 3--A; cf. Abels v. Kaiser , 913 F.2d 821 (10th Cir. 1990). (3) If, through no fault of the appealing party, the Petition in Error is not timely filed, the party may file a motion with the trial court seeking an order recommending a late appeal. The motion shall detail why the party believes their inability to timely file an appeal was through no fault of their own. A copy of the motion shall be served on all other parties, who may respond to the request. (4) The trial court may hold a hearing on the matter if neces sary. The trial court shall issue, and file with the district court clerk, an order containing findings of fact and a conclusion as to whether a late appeal should or should not be granted by this Court. A file-stamped copy of that order shall be served on all parties. (5) Within thirty days after the filing of that order, the party seeking a late appeal shall file a Petition in Error in this Court including a file-stamped copy of the order. Whether or not a late appeal is granted will be determined by this Court.

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THE OKLAHOMA BAR JOURNAL