The Oklahoma Bar Journal February 2023

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33. The underlined portion reflects what was added to the rule by the court. See In re Amendment of Rule 1.21 of Okla. Sup. Ct. Rules , 2021 OK 41, Ex. B. 34. 2022 OK 78, _P.3d_. 35. Laubach v. Laubach , Case No. 117,545 at 14 (Oct. 18, 2021) (unpublished) (vacated). 36. Laubach , 2022 OK 78, ¶14 (emphasis added). 37. Id. , ¶15. 38. Id. 39. In re Amendment of Rules 1.4 and 1.23 of Okla. Sup. Ct. Rules , 2021 OK 23, Ex. A.

Jana L. Knott joined Bass Law in 2018, where her practice focuses primarily on appellate litigation, advocacy and

consultation. She also provides district court level brief-writing and complex motion-writing to other lawyers and firms in all areas of the law, including trust and estate disputes, business disputes, oil and gas litigation, municipal law and real property disputes. trip up practitioners. For example, Rule 1.4(c) provides, “When a petition is mailed through the United States Postal Service, a postmark date from a privately owned postage meter or commercial postage meter label will not suffice as proof of the date of mailing.” Okla. Supt. Ct. R. 1.4(c) (emphasis added). If the party cannot provide “other proof of date of mailing from the United States Postal Service, a document bearing only such a postmark will be deemed filed upon date of delivery to the Clerk.” Id. 3. In re Amendment of Rules 1.4 and 1.23 of Okla. Sup. Ct. Rules , 2021 OK 23, Ex. A. 4. Id. 5. Id. 6. Id. 7. In re Amendment of Rules 1.5 and 1.200 of Okla. Sup. Ct. Rules , 2022 OK 70, Ex. A. 8. Id. 9. Id. 10. Nina J’s Dispensary, LLC v. Raja Ijaz, LLC, Raja Ahmed , Case No. 120,303, Pet. in Error (Apr. 1, 2022). 11. Id. 12. Id. , Order (April 11, 2022). 13. 1989 OK CIV APP 82, 828 P.2d 438. 14. Id. 15. Id., Order (June 13, 2022). 16. America’s Car Mart, Inc., v. Transnational Bus & Coach, LLC , Case No. 119,160, Pet. in Error (Nov. 2, 2020). 17. Id. , Order (Nov. 3, 2020). 18. 57 O.S. §566.2(8). 19. In re Creation of Rule 1.18 of Okla. Sup. Ct. Rules , 2019 OK 38, Ex. A. 20. Id. 21. Id. 22. In re Establishment of Rule 1.19 of Okla. Sup. Ct. Rules , 2019 OK 51, Ex. A. ENDNOTES 1. Okla. Sup. Ct. R. 1.4(c). 2. Rule 1.4 has several nuances that often

40. Id. 41. Id. 42. Rule 1.23(b) now reads as follows:

Timely Costs Mandatory. All petitions in error shall be filed upon receipt. When a petition in error is received by the Clerk of the Supreme Court, the entire cost deposit, or a properly executed pauper’s affidavit is due at the time of filing with the Clerk of the Supreme Court. The cost deposit or pauper’s affidavit must be received by the Clerk of the Supreme Court within the same thirty-day period for filing the petition in error (12 O.S. § 990A(A)) for the tendered petition in error to be considered as timely filed to commence an appeal. The determination of whether or not a petition in error is

timely will be made by the Supreme Court. In an appeal brought by the State of Oklahoma, or by direction of any department of the State, cost deposit shall not be paid with the filing of the petition in error. 12 O.S. § 66. 43. In re Amendment of Rule 1.27(a) of Okla. Sup. Ct. Rules , 2019 OK 67, Ex. A. 44. Id. 45. Okla. Sup. Ct. R. 1.60. 46. See id. 47. In re: Amendment to Oklahoma Sup. Ct. R. 1.60 , Ex. A. 48. See id. 49. Okla. Sup. Ct. R. 1.200. 50. In re Amendment of Rules 1.5 and 1.200 of Okla. Sup. Ct. Rules, Ex. B. 51. Id. Rule 1.200(c)(2) now reads: 2) A party or other interested person

who believes that an opinion of either the Supreme Court or Court of Civil Appeals which has not been designated by the Court for publication has substantial precedential value may file a motion in the Supreme Court. The motion asking that it be published shall be filed not later than 20 days after the issuance of the mandate in that case. The filing of the motion shall not affect the issuance of the mandate. The motion shall state the grounds for such belief, shall be accompanied by a copy of the opinion, and shall comply with Rule 1.6.

52. Id. 53. Id. 54. Id.

23. Id. 24. Id. 25. Id.

26. Id. , Ex. B. 27. Id. , Ex. A. 28. 2021 OK 37, 505 P.3d 918. 29. Moore , 2021 OK 37, ¶3, 505 P.3d at 919. 30. Id. , ¶4, Id. at 919.

31. 12 O.S. §990A. 32. 12 O.S. §696.2.

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THE OKLAHOMA BAR JOURNAL