Okla. Stat. tit. 22 § 11.5

Current through Laws 2024, c. 453.

Rule 11.5 - Forms to be Used Relative to the Accelerated Docket

A. Forms to be used for the Accelerated Docket. The forms contained in Section XIII of these Rules are to be used as an application or a response as it relates to the Accelerated Docket procedure. Such forms are set forth in Section XIII as:

1. Form 13.13, Accelerated Docket Waiver (of appellant or defendant);

2. Form 13.14, Application for Accelerated Docket--Fast Track (to be used by appellant); and

3. Form 13.15, Response to Application for Accelerated Docket--Fast Track (to be used by appellee).

(1) Forms 13.13, 13.14 and 13.15 together with exhibits called for, are to be used in lieu of filing a brief by the appellant or appellee in the ordinary course of the appeal. A party who fails to object to being placed on the Accelerated Docket pursuant to Rule 11.2(A)shall be deemed to have waived the right to the standard appeal procedure and the right to use a brief therein. PROVIDED HOWEVER, such party may move within ten (10) days of the date the petition in error is filed for leave to file a standard brief in accordance with Rule 3.5 (D). The granting of such motion shall be within the discretion of this Court and the same will be considered only upon a showing of extraordinary circumstances. See e.g. City of Nichols Hills v. Farris, 798 P.2d 227 (Okl.Cr.1990).

(2) A Reply Brief shall not be filed in Accelerated Docket appeals, except by prior approval of the Court. Supplemental Briefs or Amicus Curiae Briefs shall not be filed in Accelerated Docket appeals, except by prior approval of the Court and in accordance with Rule 3.4(F). PROVIDED HOWEVER, the page limitations on additional briefs shall be set by the Court at the time the request is approved.

B. Propositions to be Presented. The propositions of error shall be presented with reference to the exact location in the transcript or record where such error may be found, together with the propositions of error and case authority as it relates to same by appellant or appellee.

1. The propositions of error shall be specific and not general or conclusory in nature.

2. Each proposition shall contain only one (1) issue.

3. Each proposition shall be specific with reference to the transcript, together with the appropriate citations of cases or statutes pertaining to such error.

4. Case authority shall be cited to specific page(s). Citation of authority shall include one parenthetic paragraph after the citation explaining why it is cited and how it is relevant to the proposition of error in the current case.

5. If one of the allegations of error is "insufficiency of evidence", the appellant must specify which element or elements of the offense have not been proved, together with appropriate authority and citations to the record if appropriate.

6. If one of the allegations of error is ineffective assistance of counsel, appellant must specify as to how counsel was ineffective, together with appropriate references to the record.

C. Failure to follow the Rules set forth in this Section may, upon the Court's Order or motion of the adverse party, result in the rejection of the application or dismissal of the appeal.

Okla. Stat. tit. 22, § 11.5

Amended in accordance with 2003 OK CR 9, eff. 5/21/2003. Amended by order of the Court of Criminal Appeals, 2008 OK CR 5, eff. 1/31/2008.