§ Rule 1.180 Order granting certiorari and review on certiorari

Codes > Oklahoma Statutes > Title 12 > Chapter 15-Appendix : Part V > Rule 1.180

Rule 1.180. Order granting certiorari and review on certiorari

    (a) Order Granting Certiorari and Recall of Order. When a petition for writ of certiorari to review a decision of the Court of Civil Appeals is granted, an order shall be entered to that effect. The Court may, upon consideration of the matter, recall its order granting certiorari and enter an order denying certiorari.

    (b) Review on Certiorari. Issues not presented in the petition for certiorari may not be considered by the Supreme Court. Provided, however, if the Court of Civil Appeals did not decide all of the properly preserved and briefed issues, the Supreme Court may--should it vacate the opinion of the Court of Civil Appeals--address such undecided matters or it may remand the
cause to the Court of Civil Appeals for that Court to address such issues. The case will then be decided on the reviewable issue or issues presented in the briefs theretofore filed, unless for good cause the filing of additional briefs be then allowed. The Supreme Court may--should it vacate the opinion of the Court of Civil Appeals--address any issue properly raised in the
appeal or on certiorari. Hough v. Leonard, 867 P.2d 438 (Okla.1993).

    Adopted July 10, 1996

   Effective January 1, 1997