§ Rule 1.22 Post-trial motions

Rule 1.22. Post-trial motions

(a) Post-trial Motion Defined. A post-trial motion is a motion filed, or deemed filed, after a judgment or a final order.

(b) Interlocutory Orders. The filing of a motion for new trial, reconsideration, re-examination, or to modify or vacate an interlocutory order appealable by right, shall not extend the time to appeal from the interlocutory order, except as allowed by Rule 1.22(f). See 12 O.S.Supp.1995 § 993 and Rules 1.22(f), 1.61.

(1) If a motion for new trial, for judgment notwithstanding the verdict, or to correct, open, modify, vacate or reconsider the judgment (other than solely for a determination of an award of costs, interest, or attorney's fees) is filed by any party not later than ten (10) days after the judgment, decree or final order is filed with the court clerk (or, where taken under advisement, mailed (12 O.S.Supp.1993 § 990.2(C)), the appeal time for any party to the action shall not begin to run until the motion shall have been disposed of. A motion for new trial filed after the announcement of the decision on all issues in the case but before the filing of the judgment or decree shall be deemed filed immediately after the filing of the judgment or decree. 12 O.S.Supp.1995 § 653(C).

The right of a party to perfect an appeal from a judgment or final order is not conditioned upon the filing of a motion for new trial. 12 O.S.1991 § 991(a). If a motion for new trial is filed and denied, the movant may not, on the appeal, raise allegations of error that were available at the time of the filing of the motion for new trial but were not therein asserted. 12 O.S.1991 § 991(b).

Where the judgment, decree or final order was mailed because taken under advisement (12 O.S.Supp.1993 § 990.2(C)), three days are added to the time to file in the district court the post-trial motion pursuant to 12 O.S.1991 § 2006(D). The time to appeal from the disposition of the post-trial motion shall not be extended by any subsequent motion or plea for reconsideration.

(2) An appeal may be commenced from both the underlying judgment, decree or final order and the order disposing of the post-trial motion, either by filing a single petition in error, or by filing separate petitions in error if both are filed within thirty (30) days of filing of the order disposing of the post-trial motion. Successive appeals from denials of successive post-trial motions shall not be allowed.

(3) If the order disposing of the post-trial motion is a final order, such as denial of a timely motion for new trial then the time to appeal from that final order and underlying judgment shall be from the date of the filing of the final order in statutory form with the district court clerk, except when the matter is taken under advisement (see 12 O.S.Supp.1993 § 990.2(C) as to matters taken under advisement), all as provided in 12 O.S.Supp.1993 § 990.2(A). See 12 O.S.Supp.1993 § 696.3.

(d) Attorneys Fees, Costs, or Interest. A judgment or final order may provide for costs, attorney's fees, or interest, but it need not include them. 12 O.S.Supp.1993 § 696.4. A motion for attorney's fees, costs, or statutory interest based upon a judgment or final order shall not delay the preparation and filing of the judgment, decree or final order. 12 O.S.Supp.1993 § 696.4.

The filing of a motion for costs, attorney's fees, or interest shall not delay or extend the running of time to appeal. 12 O.S.Supp.1993 § 990.2. A party aggrieved by a judgment or appealable order granting or denying a post-trial motion for attorney's fees, costs or interest, may seek review of the judgment or appealable order by timely filing a petition in error, within the thirty (30) day time period allowed by 12 O.S.Supp.1993 § 990A(A).

(e) Post-trial Motions Filed More Than Ten Days After Date of Judgment. A post-trial motion no matter how denominated filed later than ten (10) days after the judgment, decree or final order is filed with the court clerk (or, where taken under advisement, mailed, see 12 O.S.Supp.1993 § 990.2(C)) shall not delay the running of the time to appeal the judgment. 12 O.S.Supp.1993 § 990.2(B).

(f) Appeal from Order Disposing of Post-trial Motion Filed More Than Ten Days After Date of Judgment. The time to appeal from any decision which disposes of a post-trial motion seeking relief pursuant to 12 O.S.1991 § 1031 (Third-Ninth), or 12 O.S.Supp.1995 § 1031.1 when the motion was filed later than ten (10) days after the judgment, decree or final order is filed with the court clerk may be extended by a timely motion for new trial, reconsideration, re-examination, rehearing, or to vacate or modify that decision.

Adopted July 10, 1996

Effective January 1, 1997