§ Rule 1.10 Briefs

Rule 1.10. Briefs

(a) Time to File Briefs, Copies, Waiver of Brief, Filing in the Trial Court, and Dismissal for Failure to File.

(1) In All Appeals. In all appeals, except for those pursuant to Rule 1.36 and as otherwise provided by these Rules, the appellant, including any appellant on a co-appeal, shall file a Briefin- chief in this Court within sixty (60) days from the date the Notice of Completion of Record is filed in the Supreme Court. The appellee shall file an Answer Brief within forty (40) days after the filing of the Brief-in-chief by the appellant. The appellant may file a Reply Brief within twenty (20) days after the filing of the Answer Brief by the appellee. The times to file briefs in appeals from tribunals other the District Court are set by rules for the specific appeals. For examples, see Rules 1.90, 1.119, 1.130, 1.143, 1.156, and 1.162. Briefing in review of a decision of the Workers' Compensation Court is governed by Rule 1.105.

(2) Original Jurisdiction Proceedings. The requirements for the time to file briefs in original jurisdiction proceedings are governed by Rule 1.191.

(3) Filing Appellate Brief in Lower Tribunal. One copy of each brief on appeal, or waiver of right to file brief, shall be filed with the clerk of the trial court or other lower tribunal within five (5) days of its filing in this Court.

(4) Briefs in Appeals From Summary Judgments and Certain Dismissals. The requirements for briefs in an appeal from summary judgments and certain dismissals are governed by Rule 1.36.

(5) Filing Waiver. In any proceeding before the Court, whether original jurisdiction or appellate, any party who chooses not to file an Answer or Reply Brief shall file a “Waiver of Right To File Brief” within the time allowed for filing the brief. An original and 14 copies of the waiver shall be filed.

(6) Copies. One original and fourteen copies of the brief shall be filed for every brief filed in any appeal.

(7) Dismissal for Failure to File. An appeal from the district court or other tribunal may be dismissed by this Court when appellant has failed to timely file the Brief-in-chief and has failed to timely respond to this Court's order to file the required brief. The Court may dismiss an appeal without notice when six months have transpired since the filing of the Notice of Completion of Record and no Brief-in-chief has been filed and where no extension of time for the Brief-in-chief has been granted.

(b) Briefs in Multiple Appeals. An appellee's Answer Brief shall be combined with the Brief-in-chief on any counter or cross-appeal filed by the appellee, and such combined brief shall be filed within forty (40) days after the filing of the Brief-in-chief of the appellant. The Brief-in-chief on any other counter or cross-appeal shall be filed within forty (40) days after the
filing of the Brief-in-chief of the appellant.

An appellant shall combine a Reply Brief, if any is filed, with an Answer Brief to a Brief-in-chief on a counter or cross-appeal against the appellant, and such combined brief shall be filed within thirty (30) days after the filing of the Brief-in-chief on the counter or cross-appeal. Any other party against whom a counter or cross-appeal has been filed shall file an Answer Brief within thirty (30) days after the filing of the Brief-in-chief on such counter or cross-appeal.

A counter or cross-appellant may file a Reply Brief to the Answer Brief on the counter or cross-appeal within twenty (20) days after the filing of the Answer Brief on the counter or crossappeal.

(1) County Budgets: Appeals From a Final Order of the District Court Approving or Disapproving a County Budget.

The appellant shall file a brief in this Court within thirty (30) days from filing of Petition in Error; the appellee shall file an Answer within twenty (20) days after the filing of the brief of the appellant; the appellant may file a Reply Brief within five (5) days after the filing of the Answer Brief by the appellee.

(2) Drivers' Licenses. In all drivers' license appeals to this Court challenging a decision within the provisions of 47 O.S.Supp.2000 § 6-211(M), whether prosecuted under these Rules or the cited section, the appellant's brief shall be filed simultaneously with the Petition in Error. Appellee's Answer Brief shall be filed twenty (20) days after filing of the appellant's Petition in Error and brief. The appellant may file a Reply Brief ten (10) days after the filing of the Answer Brief.

(3) Juvenile Appeals. In an appeal from a District Court to the Oklahoma Supreme Court and involving a judgment or order issued pursuant to Title 10 of the Oklahoma Statutes in paternity proceedings, or Oklahoma Children's Code proceedings, or Oklahoma Juvenile Code proceedings, or Oklahoma Adoption Code proceedings, (sometimes referred to as a “juvenile appeal”), appellant's Brief-in-chief shall be filed within twenty (20) days after the clerk of the District Court notifies all parties that the record is complete and such notice has been filed with the Clerk of the Supreme Court.

Appellee's Answer Brief shall be filed within fifteen (15) days after the brief in chief is filed. Appellant's Reply Brief may be filed within ten (10) days after the answer brief is filed. See 10 O.S.1991 § 80 (paternity appeal); 10 O.S.Supp.2000 § 7003-6.4 (Oklahoma Children's Code appeal); 10 O.S.Supp.2000 § 7303-6.2 (Oklahoma Juvenile Code appeal) and 10 O.S.Supp.2000 §§ 7505-2.1, 7505-4.1, & 7505-7.1 (Oklahoma Adoption Code appeal).

Although, strictly speaking, not all of the proceedings listed here under the collective label of “juvenile appeals” are properly includable under that rubric, we group them together, as a matter of convenience, solely for the purpose of applying to them the same rules. See also Okla.Sup.Ct.R. 1.23(d), 1.28(b)(3) & (k), and 1.34(e).

(d) Extension or Reduction of Briefing Time. Briefing time may be extended or reduced by direction of this Court. A motion to extend briefing time is governed by Rule 1.6.

(e) Suspension of Time to File Brief While Motion to Dismiss Pending. When a motion to dismiss appeal is filed, the time prescribed for briefing shall remain suspended and shall not recommence to run until disposition of the motion is effected by this court.

(f) Federal Certified Question. Upon the filing in this court of an order certifying a question of law to this court pursuant to 20 O.S.Supp.2000 § 1602 and receipt of the record from the certifying court, this court may in its discretion set a briefing schedule. Briefs shall be strictly limited to the question certified and shall otherwise comply with Rule 1.11.

Adopted July 10, 1996

Effective January 1, 1997