§ Rule 1.24 Motion to retain appeal in Supreme Court
Rule 1.24. Motion to retain appeal in Supreme Court
(a) Assignment of Appeal. Every appeal is subject to assignment to the Court of Civil Appeals unless retained by the Supreme Court either pursuant to a motion to retain or on the Court's own motion.
(b) Motion to Retain. Any party to an appeal may move the Oklahoma Supreme Court to exercise its discretion to retain the appeal.
(1) The motion shall be filed as a separate document by an appellant with the petition in error, or as a separate document by an appellee with the response to the petition in error;
(2) The motion shall not exceed three (3) double spaced pages, shall state the specific grounds for seeking an order from the Supreme Court to retain the appeal, and shall include relevant citations, if any (e.g., to conflicting decisions of the Court of Civil Appeals).
(c) Factors Considered on Motion to Retain. Factors considered by the Supreme Court in determining whether to retain an appeal are whether:
(1) The issues involve an area of law undecided in Oklahoma;
(2) Different divisions or panels of the Court of Civil Appeals are not in accord on the issues raised on appeal; or
(3) The issues raised on appeal concern matters which will affect public policy and any decision is likely to have widespread impact.
(d) Response. Any party may file a response to a motion to retain, not exceeding three (3) double spaced pages, within ten (10) days after the filing of the motion.
(e) Retransfer of Appeal by Certificate of Chief Judge. An undetermined appeal pending before the Court of Civil Appeals may, in the discretion of the Supreme Court, be retransferred for disposition by the Supreme Court upon a certificate of the Chief Judge of the Division of the Court of Civil Appeals to which the case is assigned showing that:
(1) the case presents significant public interest issues; or
(2) the dispositive legal questions pressed for resolution have major public significance.
The Chief Judge's certificate must be filed in the case not later than thirty (30) days after its original assignment to the Court of Civil Appeals. No motion for retransfer of an appeal to the Supreme Court shall be filed by any party.
(f) Retransfer of Appeal by Order of Chief Justice. By order of the Chief Justice of the Supreme Court, a case assigned to a division of the Court of Civil Appeals may be recalled by the Supreme Court for reassignment to another division or retention for disposition by the Supreme Court.
No motion for recall of an appeal by the Supreme Court pursuant to this rule shall be filed by any party.
Adopted July 10, 1996
Effective January 1, 1997