§ Rule 1.27 Multiple appeals
Rule 1.27. Multiple appeals
(a) Cross-Appeal or Counter-Appeal. If a petition in error has been timely filed to commence an appeal from an appealable decision, then a party aggrieved by the same decision may file a petition in error within forty (40) days of the date the judgment was filed with the district court clerk. Petitions in error which commence an appeal from the same appealable decision or from different appealable decisions in the same case shall so far as possible be filed under the same docket number, except when one of the appeals is brought pursuant to Rule 1.36. If more than one petition in error addressed to the same decision is filed the same day, the court shall determine which of these petitions in error is to be regarded as bringing the principal appeal and which constitutes a counter-appeal, a cross-appeal or some other form of appeal.
Only one cost deposit prescribed by statute shall be required in this Court for multiple appeals from the same case filed under the same number. This cost deposit shall be paid by the party who first shall file a petition in error in this Court. See Rule 1.36(k) and (l) for multiple appeals involving one or more appeals governed by Rule 1.36. Appeals from different appealable decisions in the same district court case, filed in a pending appeal, are subject to leave of court which will be granted or withdrawn subsequent to filing. An appellate court may order a later appeal to be redocketed as a new cause upon payment of an accompanying cost deposit.
(b) Form of Petition in Error. Where there is a cross-appeal or a counter-appeal the petition in error shall be headed the same as the original petition in error; it shall use the docket number assigned to the original appeal; it shall name the parties to the cross-appeal or the counter-appeal; and it shall state the date that the original petition in error was filed with the Clerk of this Court. The petition in error form required by Rule 1.25 shall be used for a cross-petition or a counter-petition.
(c) Single Record on Multiple Appeals From the Same Decision or Same Trial Court Case. When multiple appeals are taken from the same decision or from different appealable decisions in the same case by petitions in error filed in this Court either under the same or different numbers the appeals may be consolidated and a single record on appeal shall be
prepared by the clerk. The record shall contain in chronological order and without duplication all the matter either designated by all the parties or stipulated by them for inclusion or transcription. The record for an appeal governed by Rule 1.36 is provided by that Rule.
(d) Consolidated and Companion Appeals. It shall be the duty of the parties to notify the Court of prior or related appeals. Related appeals may be consolidated in cases where separate appeals have been taken from either the same judgment or order or different judgments or orders in the same case in the district court. If appeals are consolidated, one set of briefs will be filed under the surviving case number. A single record is prepared for consolidated appeals, unless one of the appeals is governed by Rule 1.36. If one or more of the related appeals are governed by Rule 1.36 the appellate court may consolidate the appeals. See Rule 1.36(k).
When related appeals are inappropriate for consolidation they may be treated as companion appeals by the appellate court if no delay in decision would result. Companion appeals each contain separate records, are briefed separately, and are assigned to the same court for decision.
The appellate court has the discretion sua sponte, or upon motion of a party, to consider any appeals including one or more appeals governed by Rule 1.36 as companion or consolidated appeals.
(e) Appeal From a Judgment Adjudicating Less Than All Claims and Parties. When an appeal is taken from a judgment on fewer than all claims and all parties pursuant to 12 O.S.Supp.1995 § 994, cross-appeals and counter-appeals from the § 994 judgment may be filed with the same appellate case number and without the cost deposit. Appeals from appealable
orders subsequent to the § 994 judgment shall be filed under a new case number and must be accompanied by the cost deposit. Subsequent appeals from the same trial court proceeding may be consolidated on motion of any party, or on the court's own motion. It shall be the duty of the parties to notify the Court of such related appeals.
(f) Joinder of Parties in Single Petition in Error. Two or more parties may join in any appeal by filing a single petition in error. Each party joining in the appeal must be specifically named as an appellant in the style of the petition in error, i.e., designations such as “et al.” shall not be used to designate parties to the appeal. The petition in error shall comply with Rule 1.25. A statement of the precise points of law to be urged by a joint petition in error shall be regarded as joint and several.
Adopted July 10, 1996
Effective January 1, 1997