§ Rule 1.179 The petition for certiorari, answer, and reply
Rule 1.179. The petition for certiorari, answer, and reply
(a) Contents of Petition. An application for certiorari shall be by petition only which shall contain the following to be set forth in the order here indicated:
(1) A concise statement as to: (a) the date of the judgment or decision sought to be reviewed and (b) the date of any order concerning a rehearing;
(2) An outline of the reasons for review as suggested in Rule 1.178, expressed in the terms and circumstances of the case but without unnecessary detail. The statement of a question presented will be deemed to include every subsidiary question fairly comprised therein.
(3) The reasons for granting writ shall be supported by:
(a) A concise statement of fact containing the matters material to consideration of the questions presented.
(b) A direct and concise argument amplifying the reasons relied on for the allowance of the writ.
(4) An appendix which shall consist of a copy of the opinion of the Court of Civil Appeals to which certiorari is sought. No other materials may be attached to the petition.
(5) The style of the petition for certiorari shall be the same as in the petition in error. If there be more than one petition in error, the style shall be the same as that in the petition in error which was determined to commence the principal appeal.
(b) Form of Petition. No petition for writ of certiorari shall exceed ten 8 1/2 ” x 11” double spaced pages, exclusive of the appendix. All contentions in support of a petition shall be set forth in the body thereof as provided in Section (a) of this rule. No separate brief in support of the petition will be received and the clerk shall refuse to file any petition to which is
annexed or appended any supporting brief.
The failure to present with accuracy, brevity and clarity matters essential to a ready and adequate understanding of the points requiring consideration will be sufficient reason for denying a petition.
The petition shall be served upon the respondent and the petition shall show service. See Rule 1.4(g).
(c) Answer and Reply. The respondent may file an answer to the petition for certiorari within fifteen days of the date the petition for certiorari was filed. The answer shall be succinct and shall not exceed in length, ten 8 1/2 ” x 11” double spaced pages. The answer shall be served upon the petitioner. See Rule 1.4(g).
A concise reply of not more than five 8 1/2 ” x 11 ” double spaced pages may be filed and served upon the respondent within ten (10) days after filing of the answer. The reply should be addressed to arguments raised in the answer which petitioner does not believe to be sufficiently covered in the petition. The Court need not delay decision pending filing of a reply. No appendix may be attached to the answer or reply.
(d) Content of Petition, Answer, and Reply. The petition, answer and reply shall not reach the merits of the appeal but rather pertain to reasons Supreme Court should review the decision of the Court of Civil Appeals. The only matters considered in determining whether to grant certiorari are the petition for certiorari and the response to the petition for certiorari. Briefs on appeal and briefs in support of petition for rehearing are not considered in determining whether to grant certiorari.
(e) Time to File Petition. When no party seeks rehearing in the Court of Civil Appeals a petition will be deemed timely if filed with the clerk of the Supreme Court within twenty (20) days of the date the opinion was filed by the Court of Civil Appeals. When a party sought rehearing a petition for certiorari will be deemed timely if filed with the clerk of the Supreme Court within twenty (20) days of the date the order of the Court of Civil Appeals is filed that has denied all timely filed rehearing petitions. The time to file petition for certiorari shall not be extended. A petition for certiorari will be deemed filed when mailed if it complies with Rule 1.4(c) and (e).
(f) Copies. Petition, answer and reply shall be accompanied by ten (10) legible copies.
(g) Supplemental Authority. Any party may file a Notice of Supplemental Authority while a petition for certiorari is pending, calling attention to new cases or legislation or other intervening matter not available at the time of that party's last filing. The Notice shall not exceed three pages.
(h) Costs. An application for certiorari shall be timely filed when the requirements of Rule 1.179 are met and when a party filing a petition for certiorari remits to the Clerk of the Supreme Court the cost of deposit provided by statute. If the petitioner is an indigent an affidavit in forma pauperis substantially complying with Rule 1.301, Form No. 4, shall be filed concurrently with the petition for certiorari. 20 O.S.1991 § 30.4. Provided, if the petitioner for certiorari previously filed an affidavit in forma pauperis in the appellate cause no further affidavit need be filed with the petition for certiorari.
Adopted July 10, 1996
Effective January 1, 1997