{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-990a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-990A","heading":"Appeal to Supreme Court by filing petition in error -","body":"Rules - Record on appeal - Premature appeal - Designation of record.\n\nA. An appeal to the Supreme Court of Oklahoma, if taken, must\n\nbe commenced by filing a petition in error with the Clerk of the\n\nSupreme Court of Oklahoma within thirty (30) days from the date a\n\njudgment, decree, or appealable order prepared in conformance with\n\nSection 696.3 of this title is filed with the clerk of the trial\n\ncourt. If the appellant did not prepare the judgment, decree, or\n\nappealable order, and Section 696.2 of this title required a copy of\n\nthe judgment, decree, or appealable order to be served upon the\n\nappellant, and the court records do not reflect the service of a\n\ncopy of the judgment, decree, or appealable order to the appellant\n\nwithin three (3) days, exclusive of weekends and holidays, after the\n\nfiling of the judgment, decree, or appealable order, the petition in\n\nerror may be filed within thirty (30) days after the earliest date\n\non which the court records show that a copy of the judgment, decree,\n\nor appealable order was served upon the appellant.\n\nB. The filing of the petition in error may be accomplished\n\neither by delivery or mailing by certified or first-class mail,\n\npostage prepaid, to the Clerk of the Supreme Court. The date of\n\nfiling or the date of mailing, as shown by the postmark affixed by\n\nthe post office or other proof from the post office of the date of\n\nmailing, shall constitute the date of filing of the petition in\n\nerror. If there is no proof from the post office of the date of\n\nmailing, the date of receipt by the Clerk of the Supreme Court shall\n\nconstitute the date of filing of the petition in error.\n\nC. The Supreme Court shall provide by rule, which shall have\n\nthe force of statute, and be in furtherance of this method of\n\nappeal:\n\n1. For the filing of cross-appeals;\n\n2. The procedure to be followed by the trial courts or\n\ntribunals in the preparation and authentication of transcripts and\n\nrecords in cases appealed under this act; and\n\n3. The procedure to be followed for the completion and\n\nsubmission of the appeal taken hereunder.\n\nD. In all cases the record on appeal shall be complete and\n\nready for filing in the Supreme Court within the time prescribed by\n\nrule.\n\nE. Except for the filing of a petition in error as provided\n\nherein, all steps in perfecting an appeal are not jurisdictional.\n\nF. 1. If a petition in error is filed before the time\n\nprescribed in this section, it shall be dismissed as premature;\n\nhowever, if the time to commence the appeal accrues before the\n\nappeal is dismissed, the appellant may file a supplemental petition\n\nin error, without the payment of any additional costs. Such\n\nsupplemental petition in error shall state when the time for\n\ncommencing the appeal began and shall set out all matters which have\n\noccurred since the filing of the original petition in error and\n\nwhich should be included in a timely petition in error. When a\n\nproper supplemental petition in error is filed, the appeal shall not\n\nbe dismissed on the ground that it was premature.\n\n2. If an appeal is dismissed on the ground that it was\n\npremature, the appellant may file a new petition in error within the\n\ntime prescribed in this section for filing petitions in error or\n\nwithin thirty (30) days after notice is mailed to the parties which\n\nstates that the appeal was dismissed on the ground that it was\n\npremature, whichever date is later. A notice that an appeal was\n\ndismissed on the ground that it was premature shall include the date\n\nof mailing and the ground for dismissal.\n\nG. 1. No designation of record shall be accepted by the\n\ndistrict court clerk for filing unless it contains one of the\n\nfollowing:\n\na. where a transcript is designated: A signed\n\nacknowledgment from the court reporter who reported\n\nevidence in the case indicating receipt of the request\ndismissed on the ground that it was premature shall include the date\n\nof mailing and the ground for dismissal.\n\nG. 1. No designation of record shall be accepted by the\n\ndistrict court clerk for filing unless it contains one of the\n\nfollowing:\n\na. where a transcript is designated: A signed\n\nacknowledgment from the court reporter who reported\n\nevidence in the case indicating receipt of the request\n\nfor transcript, the date received, and the amount of\n\ndeposit received, if applicable, in substantially the\n\nfollowing form: I, ________, court reporter for the\n\nabove-styled case, do hereby acknowledge this request\n\nfor transcript on this ____ day of____, 20__, and have\n\nreceived a deposit in the sum of $____., or\n\nb. where a transcript is not designated: A signed\n\nstatement by the attorney preparing the designation of\n\nrecord stating that a transcript has not been ordered\n\nand a brief explanation why, in substantially the\n\nfollowing form: I, ________, attorney for the\n\nappellant, hereby state that I have not ordered a\n\ntranscript because:\n\n(1) a transcript is not necessary for this appeal, or\n\n(2) no stenographic reporting was made.\n\n2. No counter-designation of record shall be accepted by the\n\ndistrict court clerk for filing unless it contains one of the\n\nfollowing:\n\na. where additional transcript is designated: A signed\n\nacknowledgment from the court reporter who reported\n\nevidence in the case indicating receipt of the request\n\nfor transcript and the date received, in substantially\n\nthe following form: I, ________, court reporter for\n\nthe above-styled case, do hereby acknowledge this\n\nrequest for transcript on this ____ day of____, 20__.,\n\nor\n\nb. where no additional transcript is designated: A\n\nsigned statement by the attorney preparing the\n\ndesignation of record stating that a transcript has\n\nnot been ordered and a brief explanation why, in\n\nsubstantially the following form: I, ________,\n\nattorney for the appellant, hereby state that I have\n\nnot ordered a transcript because:\n\n(1) no additional transcript is necessary for this\n\nappeal, or\n\n(2) no stenographic reporting was made.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"850a83a1a9f78a98b3aeecae9a0adba557cecafe9aeaa8c4ab21d63f55000700","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-990.5","next":"us-ok/okla.-stat.-tit.-12-12-991"},"notice":"GroundRules: Original legal text. Not legal advice."}