§ Rule 1.17 Case management, assignment, and fast track docket
Rule 1.17. Case management, assignment, and fast track docket
(I) The workload of the Supreme Court falls into thirteen categories:
1. supervision over the budgetary, financial, statistical, managerial and operational activities of the district courts and of the Court of Civil Appeals;
2. supervision over the Oklahoma Bar Association, its revenue, budget and operations;
3. supervision over the Board of Bar Examiners, its revenue, budget and operations in licensing lawyers;
4. rule making for, and adjudication of, bar disciplinary proceedings;
5. original jurisdiction for the exercise of superintending control under Art. 7, Sec. 4, Okla. Const.;
6. original jurisdiction for the exercise of managerial powers and operational control under Art. 7, Sec. 6, Okla. Const.;
7. rule making functions in the exercise of explicit or implicit constitutional and statutory authority, or of one claimed under inherent power;
8. original jurisdiction in protests against statewide initiative and referendum petitions and ballot title appeals;
9. answering questions certified by a federal court;
10. certiorari to the Court of Civil Appeals;
11. any other responsibility vested by law in the Supreme Court alone;
12. certiorari to the district courts for review of certified interlocutory orders;
13. general appellate jurisdiction.
The law vests in the Supreme Court alone the functions described in the first eleven categories. The last two categories of responsibility--comprising appellate cognizance--may be shared with the Court of Civil Appeals.
(II) Every appeal is subject to assignment to the Court of Civil Appeals unless retained by the Supreme Court pursuant to a motion to retain. See Rule 1.24. Every appeal that is not retained by or retransferred to the Supreme Court shall be assigned to the Court of Civil Appeals.
(III) Fast Track. All appeals--whether now in the Supreme Court or in the Court of Civil Appeals--which are found suitable by the court to which they are assigned for disposition by the fast track docket method may be placed on that docket and decided promptly by a short memorandum order. The fast track docket assignments may, in both courts, be made without an agreement of the parties.
The placement of an appeal on an fast track docket is within the discretion of the appellate court, and the court may decline to place an appeal on the fast track docket although the parties agree to such placement. The court may sua sponte place an appeal on the fast track docket. The advanced case may be set for oral presentation with or without any record or briefs.
While preparation of written opinions or memorandum opinions is not required of cases assigned to the Fast Track Docket, it is required that an order be entered in each case briefly explaining (with citation of applicable authority) the reason for the Court's action. Where the case is to be retried, the explanation of the Court's decision should be sufficiently clear for the guidance of the trial court (and counsel).
These rules shall otherwise apply to all appeals on the fast track docket unless the Supreme Court shall by rule provide otherwise.
Adopted July 10, 1996
Effective January 1, 1997