The Oklahoma Bar Journal February 2023

an opinion from publication are subject to the same limitations set forth in (c) (2) & (3). 52 And finally, the court amended Rule 1.200(c) to now allow prac titioners to cite unpublished opinions from the Court of Civil Appeals in briefs and “other material presented” to a court. 53 Although the rule makes clear that unpublished opinions still have no precedential effect, this amendment is significant for practitioners, as the majority of opinions issued by the Court of Civil Appeals are unpublished. Practitioners can now cite those unpublished opinions as persua sive authority without fear of violating the court’s rules. It should be noted, however, that the amendment requires prac titioners to provide a copy of the opinion or a hyperlink as those unpublished opinions are not currently collected on any official court database: “Any brief or other material presented to any court which includes a reference or cita tion to an unpublished opinion, shall also include a copy or hyper link to the unpublished opinion.” 54 The recent uptick in amend ments to the court’s rules indicates the court may be in the process of modernizing its rules. Because the court’s rules can often be difficult to navigate, even for a seasoned practitioner, the bench and bar will want to keep a close eye on changes to the court’s rules in the coming years. CONCLUSION

RULE 1.60

RULE 1.200(C) Rule 1.200 addresses the man ner and form of opinions in the Oklahoma Supreme Court and Court of Civil Appeals. 49 On June 27, 2022, the court made several amendments to Subsection (c) of Rule 1.200. 50 The first amendment was to 1.200(c)(2), which deals with motions to publish memorandum opinions and unpublished opin ions. The court amended the rule to limit the time to file a motion to publish to “not later than 20 days after the issuance of mandate” in the case. 51 The court also amended Rule 1.200(c) to include a new Subsection (3), which requires a petition for certiorari to be timely filed before a motion to publish can be filed: (3) No party or other interested person may request the pub lication of any Court of Civil Appeals opinion unless certiorari review was first timely sought by a party, pursuant to Rule 1.179,

Rule 1.60 of the Oklahoma Supreme Court Rules defines “interlocutory orders appealable by right.” 45 Interlocutory orders appeal able by right are those orders that, although not final, are statutorily defined as orders that may be appealed before the final order is entered in the case. A few exam ples, although not exhaustive, include certain orders issued in a probate proceeding, orders certi fying or refusing to certify a class action and orders appointing or refusing to appoint a receiver. 46 Rule 1.60 was amended Oct. 8, 2019, to add a new Subsection (j) so “[t]emporary orders of protection made in proceedings pursuant to the Protection From Domestic Abuse Act, 22 O.S. §§ 60 et seq” are now interlocutory orders immediately appealable by right. 47 No other changes were made to Rule 1.60, and the expedited time frame for completing the record and the shortened briefing cycle remain in place. 48

prior to the request for publi cation. Motions to withdraw

The recent uptick in amendments to the court’s rules indicates the court may be in the process of modernizing its rules. Because the court’s rules can often be difficult to navigate, even for a seasoned practitioner, the bench and bar will want to keep a close eye on changes to the court’s rules in the coming years.

30 | FEBRUARY 2023

THE OKLAHOMA BAR JOURNAL