The Oklahoma Bar Journal September 2023

direct that the order be filed as final. 11 However, such certification by the district court, while nec essary, is not always sufficient to transform a nonfinal order into a final one. When counterclaims or other claims arising from the “same transaction or occurrence” remain pending in the trial court, the Supreme Court may consider certification under Section 994 to have been improper and dismiss the appeal as premature. 12 Whether the ruling at issue is a “judgment” or a “final order,” before it may be reviewed on appeal, it must be reduced to writing and filed by the court clerk – an oral rul ing is not appealable. 13 The written order must contain the case caption, the signature and title of the trial court and a complete statement of the relief awarded. 14 Furthermore, it must not be titled in a manner that indicates informality or incom pleteness: Orders titled “minute,”

granting or denying attorney fees, costs or interest; 5 orders termi nating parental rights; 6 orders confirming or refusing to con firm an arbitration award; 7 orders denying leave to intervene; 8 and orders disqualifying counsel. 9 They also include any orders that “ conclusively determine the dis puted question then before the court” and effectively “leave the aggrieved party without any relief at nisi prius because the defeated litigant stands precluded from proceeding further in the case.” 10 When a case involves multiple parties or multiple claims, orders that fully resolve one part of the case may be certified by the dis trict court as “final” pursuant to 12 O.S. §994(A). For an order to be considered final and appealable under Section 994(A), the district court must both 1) make an express determination that “there is no just reason for delay” and 2) expressly

“minute order,” “verdict,” “docket entry,” “summary order” or the like are not final and appealable. 15 Appeals from judgments and final orders are governed by Supreme Court Rules 1.20-1.37. An appeal is commenced by filing a petition in error in the Supreme Court and paying the requisite fees within 30 days of the entry of the order (or its mailing, in certain circumstances). 16 17 Certain post trial motions, such as motions for new trial filed within 10 days of the judgment, will toll this appellate deadline. 18 The rules for tolling are complicated and can be a trap for the unwary, however, and the deadline to commence an appeal is jurisdictional. Practitioners should, therefore, always carefully check and double-check their appellate deadlines and consider filing a protective appeal if the finality of an order or the application of the tolling rule is in doubt.

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