The Oklahoma Bar Journal January 2025

HEARING LOGISTICS If the order is entered following a hearing, identify in general terms the information before the court. Include the evidence and argument presented along with the date of the hearing. For example: The Court reviewed and con sidered the motion, the brief in response, the affidavits filed by the parties, and heard the oral argument of counsel at the hearing on September 5, 2023. After reviewing the motion and Plaintiff’s response, the Court was presented with oral argument at the hearing on November 6, 2024. The court’s response may include stipulations, findings of fact and conclusions of law. The court may prescribe procedures for the preparation of the proposed order and/or may direct the inclu sion of certain language. When tasked with drafting the proposed order, it is prudent to seek guid ance from the court at the hearing. Should you need additional guid ance following the hearing, ensure your communication is not ex parte . a recitation of the facts. Findings of fact specify the court’s resolution of disputed evidence. They should be accurate, concise and related to the specific relief granted or denied. To improve accuracy, take contempo raneous notes during the hearing or review the transcript of the hear ing, if available, prior to drafting the order. Specify the source for numbers used in any mathematical calculations and include references COURT’S RESPONSE Findings of Fact Findings of fact are not merely

When tasked with drafting an order of the court, endeavor to capture the court’s complete ruling in a clear, objective voice while strictly complying with all applicable rules.

to exhibits or testimony that sup port the findings of fact. Relevant statutes may provide an organizational framework by dictating the inclusion or exclusion of specific requirements. Orders that grant attor neys’ fees, provide for relocation or address domestic abuse must include findings of fact. On the other hand, orders that grant summary adjudi cation – which is based on a lack of disputed facts – never include find ings of fact. Any facts in a summary adjudication order should be denomi nated as “uncontested facts.” Findings of fact are comprised of three parts: an explanation of the conflict, a recitation of the pertinent fact(s) and the court’s finding. For example: The parties disagree about … There is a dispute regarding … Plaintiff claims …, while Defendant claims …

Conclusions of Law Clearly state the law that con trols the court’s decision and use the correct citation to the law to build credibility. Statutes are regularly amended, so citing the applicable version is essential. To locate the applicable version on the Oklahoma State Courts Network (OSCN), scroll down to “Historical Data” toward the bottom of the statute. Oklahoma Statutes are recodified each decade. The most recent recodification occurred in 2021. Accordingly, unless there is a reason to cite an older version of the statute or the specific statute has been supple mented since that time, cite to 2021. For example: Citations to case law should include references to two report ers: the Oklahoma Reporter and the Pacific Reporter . The Oklahoma Reporter will include the paragraph number, and the Pacific Reporter will include the page number. The paragraph number is available on OSCN but not always on Westlaw. Using both OSCN and Westlaw 12 O.S. 2021 §2401. 85A O.S. Supp. 2025 §13(D).

The evidence showed …

The court finds … The court finds the greater weight of the evidence supports … The court finds Plaintiff has not met its burden of proof on this issue.

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL