# IN RE: AMENDMENT TO OKLAHOMA SUPREME COURT RULE 1.301, FORM 5 PETITION IN ERROR > Supreme Court of Oklahoma · September 25, 2023 · 2023 OK 94 URL: https://www.frixlaw.com/law-library/cases/9867174 ## Case - **Court:** Supreme Court of Oklahoma - **Decided:** September 25, 2023 - **Citations:** 2023 OK 94 - **Precedential status:** Published - **Opinion:** Opinion - **Cited by:** 1 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9867174 ## Opinion text IN RE: AMENDMENT TO OKLAHOMA SUPREME COURT RULE 1.301, FORM 5 PETITION IN ERROR 2023 OK 94 Decided: 09/25/2023 IN THE SUPREME COURT OF THE STATE OF OKLAHOMA Cite as: 2023 OK 94 , __ P.3d __ ORDER Oklahoma Supreme Court Rule 1.301, Form 5 (Petition in Error), 12 O.S., ch. 15, app. 1, is hereby amended as shown on the attached Exhibits A and B. The amended rule shall be effective immediately. DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 25th DAY OF SEPTEMBER, 2023. /S/CHIEF JUSTICE CONCUR: Kane, C.J., Rowe, V.C.J., Kauger, Edmondson, Gurich and Kuehn, JJ. DISSENT: Combs and Darby, JJ. NOT VOTING: Winchester, J. EXHIBIT A Rule 1.301, Form No. 5 IN THE SUPREME COURT OF THE STATE OF OKLAHOMA ) , ) ) Plaintiff/Appell_____, ) vs. ) No. ) , ) ) Defendant/Appell_____. ) PETITION IN ERROR _____ PETITION IN ERROR _____ AMENDED OR SUPPLEMENTAL PETITION _____ CROSS PETITION _____ COUNTER-PETITION DATE FIRST PETITION IN ERROR FILED: ____________________ I.TRIAL COURT HISTORY COURT/TRIBUNAL: _____________________________________________________ COUNTY: _____________________________________________________________ CASE NO.: _____________________________________________________________ JUDGE: ________________________________________________________________ NATURE OF CASE: ______________________________________________________ (e.g., Divorce, Personal Injury) NAME OF PARTY OR PARTIES FILING THIS PETITION IN ERROR: ______________________________________________________________________ THE APPEAL IS BROUGHT FROM: (Check one) _____ Judgment, Decree or Final order of District Court. _____ Appeal from order granting summary judgment or motion to dismiss where motion filed after October 1, 1993 (Accelerated procedure under Rule 1.36). _____ Appeal from Revocation of Driver''s License (Rule 1.21(b)). _____ Final Order of Other Tribunal. (Specify Corporation Commission, Insurance Department, Tax Commission, Court of Tax Review, Banking Board or Banking Commissioner, etc. _________________________) _____ Interlocutory Order Appealable by Right. _____ Other _______________________________________________________ II. TIMELINESS OF APPEAL 1. Date judgment, decree or order appealed was filed:_______________________. 2. If decision was taken under advisement, date judgment, decree or order was mailed to parties: ____________________ 2. Did the party appealing prepare the judgment, decree or order appealed? ____ Yes _____ No. 3. Date the certificate of service was filed in the trial court: _______________________. 4. 3. Does the judgment or order on appeal dispose of all claims by and against all parties? ____ Yes _____ No. If not, did district court direct entry of judgment in accordance with 12 O.S. § 994? _____Yes _____ No. When was this done? _________________ 5. 4. If the judgment or order is not a final disposition, is it appealable because it is an Interlocutory Order Appealable by Right? _____ Yes _____ No. Specific statutory basis for interlocutory order appealable by right:_______________________. 6. 5. If none of the above applies, what is the specific statutory basis for determining the judgment or order is appealable? ____________________________________ 7. 6. Were any post-trial motions filed? Type Date Filed Date Disposed ____________________ _____________________ ____________________ ____________________ _____________________ ____________________ ____________________ _____________________ ____________________ 8. 7. This Petition is filed by: ___ Delivery to Clerk, or ___Mailing to Clerk by U.S. Certified Mail, Return Receipt Requested, on ____________ (date) III. RELATED OR PRIOR APPEALS List all prior appeals involving same parties or same trial court proceeding: ________ ___________________________________________________________________ List all related appeals involving same issues: __________________________________ ____________________________________________________________________ (Identify by Style, Appeal Number, Status, and Citation, if any. If none, so state.) _ IV. SETTLEMENT CONFERENCE Is appellant willing to participate in an attempted settlement of the appeal by predecisional conference under Rule 1.250? _____Yes _____No V. RECORD ON APPEAL _____ A Transcript will be ordered. _____ No Transcript will be ordered because no record was made and/or no transcript will be necessary for this appeal _____ A Narrative Statement will be filed _____ Record is concurrently filed as required by Rule 1.34 (Driver''s License Appeals, etc.) or Rule 1.36 (Summary judgments and motions to dismiss granted). VI. JUDGMENT, DECREE OR ORDER APPEALED -- EXHIBIT "A" (Attach as Exhibit "A" to the Petition in Error a certified copy of the judgment, decree or order from which the appeal is taken. If a post-trial motion extending appeal time under Rule 1.22 was filed, a certified copy of the order disposing of the motion must be attached also.) VII. SUMMARY OF CASE -- EXHIBIT "B" Attach as Exhibit "B" a brief summary of the case not to exceed one 8 ½"x 11" double spaced page. VIII. ISSUES TO BE RAISED ON APPEAL -- EXHIBIT "C" Attach as Exhibit "C" the issues proposed to be raised. Include each point of law alleged as error. Avoid general statements such as "Judgment not supported by law." _ IX. NAME OF COUNSEL OR PARTY, IF PRO SE ATTORNEY FOR APPELLANT Name: OBA No.: Firm: Designated Case-Specific Email Address: [if applicable] Secondary Email Address: [if applicable] Address: Telephone: ATTORNEY FOR APPELLEE Name: OBA No.: Firm: Designated Case-Specific Email Address: [if applicable] Secondary Email Address: [if applicable] Address: Telephone: DATE: ______________________ 20___ ___________________________________________ Verified by (Signature of Attorney or Pro Se Party) ______________________________________________________________________________________ ___________________________________________ Firm ___________________________________________ Designated Case-Specific Email Address [if applicable] ___________________________________________ Secondary Email Address [if applicable] ___________________________________________ Address ___________________________________________ Telephone _ X. CERTIFICATE OF MAILING TO ALL PARTIES AND COURT CLERK I hereby certify that a true and correct copy of the Petition in Error was mailed this ___ day of ________________, 20___ by depositing it in the U.S. Mail, postage prepaid or by electronic mail to ____________________________ _______________________________________________________________________. (Name and Address and/or Email Address of Each Party or Counsel) I further certify that a copy of the Petition in Error was mailed to, or filed in, the Office of ________________________________________________________ on the ( District Court Clerk or Other Tribunal) ___ day of ______________________, 20___. _________________________________________ Certified by (Signature of Attorney or Pro Se Party) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9867174. Public record. Not legal advice.