§ Rule 1.40 Definitions, rules applicable, new trial, and effect of failure to appeal
Rule 1.40. Definitions, rules applicable, new trial, and effect of failure to appeal
(a) Definition of Interlocutory Order. See Rule 1.60 for citation to statutes defining interlocutory orders appealable by right and for examples of interlocutory orders.
(b) Rules Applicable to Appeals of Interlocutory Orders. The rules of general application (Part I of these Rules) shall apply to appeals from a district court's interlocutory orders appealable by right. Unless specifically provided otherwise, the rules governing appeals from judgments or final orders of the district court (Part II of these Rules) shall apply to appeals
from a district court's interlocutory orders appealable by right.
(c) Rules Applicable to Review of Certified Interlocutory Orders. The rules of general application (Part I of these Rules) shall apply to review of certified interlocutory orders when the application of the rule is consistent with this Court's review process pursuant to 12 O.S.1991 § 952, Subdiv. (b)3. The rules governing appeals from judgments or final orders of the
district court (Part II of these Rules) shall apply to review of certified interlocutory orders when the application of the rule is consistent with this Court's review process pursuant to 12 O.S.1991 § 952, Subdiv. (b)3.
(d) Orders Granting a New Trial or Vacating a Judgment. An order granting a new trial or vacating a judgment based upon any ground, including that of newly discovered evidence or the impossibility of making a record (12 O.S.1991 § 655) is an interlocutory order appealable by right (12 O.S.1991 § 952(b)2).
(e) Appeal Time, Motions for New Trial, and Interlocutory Orders. The filing of a motion or petition for new trial, reconsideration, re-examination, rehearing, or to vacate a judgment, shall not extend the time to appeal from any interlocutory order, except as authorized by Rule 1.22.
(f) Effect of Failure to Appeal From an Interlocutory Order. Failure of a party to appeal from any interlocutory order that is appealable either under the provisions of 12 O.S.1991 § 952 Subdivs. (b)2 or 3, or 58 O.S.1991 § 721, shall not preclude it from asserting errors in that interlocutory order in an appeal taken from the judgment or final order in the case.
Adopted July 10, 1996
Effective January 1, 1997