Category Archives: Oklahoma Supreme Court

The Oklahoma Supreme Court Sanctions Attorney for Computer Illiteracy.

31 Thursday Mar 2016

Posted by in Attorney Discipline, Bankruptcy Court Rules, Bankruptcy Law, Diligence, Legal Ethics, Oklahoma Supreme Court, Sanctions, Technology

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Oklahoma Accepts Computer Illiteracy As Mitigation: Censure Imposed, by Mike Frisch, Legal Profession Blog (with hat tip to William P. Statsky!)

http://bit.ly/1MFG9S8

No doubt you have seen posts here and elsewhere that discuss whether computer competency is now required due diligence for attorneys. The Oklahoma Supreme Court bench-slammed an older attorney for his lack of computer literacy. But, before you make up your mind, read the dissent. -CCE

 

OSCN Adds Nine More Oklahoma Counties.

13 Wednesday Jan 2016

Posted by in Oklahoma Civil Appellate Procedure, Oklahoma Court of Criminal Appeals, Oklahoma Supreme Court

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OSCN Kicks off the New Year with Nine more District Courts added to its Case Search, OSCN (Oklahoma Supreme Court Network)

http://bit.ly/1n0FZJP

OSCN has been around a while. Oklahoma actually has two websites and, between the two, you can access every county in the state. The second website, ODCR, is useful, but not as sophisticated as OSCN. Both websites allow you to look up cases by county, name, or case number. OSCN allows free access to the hyperlinks that give you access to filed documents. ODCR charges a monthly fee for that access.

The larger counties are found on OSCN. With some exceptions, you can access everything that has been filed in the case in a relatively short time after it was filed. ODCR can be a bit slower to post filed documents.

Happily nine more county district courts have moved to OSCN, which is discussed more fully in this post. OSCN provides more than a method to access a court case’s docket and the documents filed in the case. It is also a great resource for Oklahoma case law, statutes, Attorney General opinions, and more. A very handy tool. -CCE

On January 7, 2016, the Oklahoma Supreme Court added nine additional district courts to its online case search. With this addition, visitors to the OSCN website now have the capability to search public records in 34 district courts and in the Appellate Court. This free service provides the public a convenient way to search for court records by case number, name, date of birth, and other identifiers. Search results are fast, and case information is available almost immediately after being processed by the court clerk’s office. In addition to online case information, site visitors may view court-related documents online; however, documents availability will vary by district court. . . .

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New And Amended Oklahoma Uniform Jury Instructions – Juvenile.

13 Saturday Jun 2015

Posted by in Jury Instructions, Legal Writing, Oklahoma Supreme Court

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Order Adopting New and Amended Oklahoma Uniform Jury Instructions and Verdict Forms – Juvenile.

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=475710

On June 8, 2015, The Oklahoma Supreme Court published its new and amended Uniform Jury Instructions and Verdict Forms – Juvenile. The District Courts of the State of Oklahoma are to implement these instructions effective thirty days from the date of the Order. -CCE

 

Oklahoma’s 2014 Official Citation Change – What Does it Mean?

02 Sunday Mar 2014

Posted by in Citations, Legal Writing, Oklahoma Civil Appellate Procedure, Oklahoma Supreme Court, Public Domain Citations, Uniform Electronic Legal Material Act

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Oklahoma Makes It Official (But What Does That Signify?), by Peter Martin, Citing Legally Blog

http://citeblog.access-to-law.com/?p=107

For over 16 years Oklahoma appellate courts have attached non-proprietary, print-independent citation data to their decisions at the time of release, placed those decisions online at a public site, and required lawyers to cite state precedent using this contemporary system. Moreover, setting Oklahoma apart from other neutral citation pioneers, the judiciary staff applied neutral citations retrospectively to all prior decisions rendered during the print era, placed copies of them online as well, and encouraged but did not require that they also be cited by the new system.  Until this year, however, the print reports of the National Reporter System remained the “official” version of Oklahoma decisions.  As of January 1, 2014, sixty years after the Oklahoma Supreme Court designated the West Publishing Company as the ‘official publisher’ of its decisions, it revoked that designation. 

2014 Amendments to Oklahoma’s Workers’ Compensation Court Rules.

25 Saturday Jan 2014

Posted by in Court Rules, Oklahoma Supreme Court, Workers' Compensation

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In Re Court Rules Of The Workers’ Compensation Court, 2014 OK 2, Decided January 16, 2014, Corrected January 17, 2014, published by the Supreme Court of the State of Oklahoma.

http://tinyurl.com/l7anrkw

Please note that the 2014 amendments to Oklahoma’s Workers’ Compensation Court Rules are not effective until January 31, 2014. –CCE

The Court Rules of the Workers’ Compensation Court as amended and approved by that Court on December 20, 2013, having been submitted to this Court for its consideration, are hereby approved. The rules are for official publication and shall become effective on January 31, 2014. The rules as amended shall be published in the Oklahoma Bar Journal three times. By today’s adoption of these rules, submitted by the Workers’ Compensation Court, this Court neither indicates what meaning should be ascribed to them in any given application nor settles their validity against challenges that may be launched on constitutional or statutory grounds, federal or state.

Heads’ Up! A Summary of the New Oklahoma Supreme Court Rule.

19 Thursday Dec 2013

Posted by in Appellate Law, Case Law, Citations, Court Rules, Legal Writing, Oklahoma Civil Appellate Procedure, Oklahoma Supreme Court, Research

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IN RE OFFICIAL PUBLICATION OF DECISIONS, SCAD-2013-63, 2013 OK 109, Decided 12/16/2013

http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=472452

There is a new official publisher of court opinions in town, and it’s not West Publishing.

On January 1, 2014, Rule 1.200 in Title 12 goes into effect. All Oklahoma practitioners should take note of this new rule affecting appellate procedure and citation format.

The Oklahoma Supreme Court becomes the “official” publisher of the Oklahoma Supreme Court and the Oklahoma Court of Civil Appeals. Whenever either the Supreme Court or the Court of Civil Appeals files an opinion with the Court Clerk, the opinion is published that same day on the home page of OSCN, the Oklahoma Supreme Court Network (http://www.oscn.net).

West Publishing Company, which had been the “official” publisher since January 2, 1954, will remain an “unofficial publisher,” along with the Oklahoma Bar Journal and other publications. Regardless, a parallel citation to the Pacific Reporter, a West publication, is still required by this rule.

If you practice in Oklahoma, you may recall when the Supreme Court started using its public domain citation form in 1997. This is now the required citation format – with some new tweaks.  Among the new requirements are citations to the opinion’s paragraph for spot citations.

The Court also addresses how it will publish Memorandum Opinions and Unpublished Opinions. For the first time, a party or individual who believes an unpublished opinion of the Supreme Court or Court of Appeals has “substantial precedential value” may ask the Court to publish that opinion. Opinions designated for publication only in the Oklahoma Bar Journal (“For Publication in O.B.J”) may not be cited as precedent.

The Rule provides examples of the new variations of the required changes in citation format. The examples are logical, and easy to understand. If you wish to make a positive impression with either Court, I would follow these changes precisely. -CCE

Oklahoma Supreme Court Upholds Constitutionality of Controversial Workers’ Compensation Law

17 Tuesday Dec 2013

Posted by in Employment Law, Oklahoma Supreme Court, Workers' Compensation

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Oklahoma Supreme Court Upholds New Workers’ Compensation Law, by Randy Ellis, NewsOK

http://tinyurl.com/mg65yfj

 

Oklahoma Supreme Court Changes Its Mind on Tribal Sovereignty.

11 Wednesday Dec 2013

Posted by in Gaming Law, Jurisdiction, Macros, Native American Law, Oklahoma Supreme Court, Tax Law, Tribal Sovereignty, Venue

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Oklahoma Supreme Court Does An About-Face on Tribal Sovereignty–Strikes Down Jurisdiction for Tort and Prize Claim and Dram-Shop Lawsuits, by Gerald L. Jackson, Crowe & Dunlevy

http://tinyurl.com/p946bdg

In a significant reversal of several recent decisions, the Oklahoma Supreme Court adopted the position that “courts of competent jurisdiction” in the model gaming compact does not include Oklahoma state courts and that tribes are immune from dram-shop liability in state court unless the tribe expressly waives its sovereignty immunity.

Opponents Ask Oklahoma Supreme Court To Declare New Workers’ Compensation Law Unconstitutional.

26 Tuesday Nov 2013

Posted by in Oklahoma Supreme Court, Workers' Compensation

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Seal of Oklahoma.

Oklahoma workers’ comp law challenged, by Nolan Clay, The Oklahoman, NEWSOK

http://newsok.com/oklahoma-workers-comp-law-challenged/article/3884295

 In May 2013, Oklahoma’s Governor passed a new controversial workers’ compensation law, in spite of opponents’ arguments that the change will reduce an injured employee’s benefits. The bill passed by the Governor changed Oklahoma’s workers’ compensation judicial system to a “business friendly” administrative system. The new law, which goes into effect on February 1, 2013, allows a business to “opt out” if it provides an injured worker with benefits considered equal to what would have received under the administrative system. The Oklahoma Supreme Court is now being asked to declare the new law unconstitutional. CCE

Oklahoma Supreme Court Rules That 2011 State Abortion Law Violates Constitution

30 Wednesday Oct 2013

Posted by in Abortion, Appellate Law, Oklahoma Supreme Court, State Appellate Courts, United States Supreme Court

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State Court Deems Law Wide Attack on Abortion, by Adam Liptak, The New York Times (with hat tip to Howard Bashman, How Appealing Blog!)
http://perma.cc/0pTyFyfurD4

In Oklahoma Coalition For Reproductive Justice v. Cline, 2012 OK 102,
292 P.3d 27, all Justices of the Oklahoma Supreme Court concurred in a per curium opinion that this legal issue is controlled by Planned Parenthood v. Casey, 505 U.S. 833 (1992).

The Oklahoma Supreme Court held:

The challenged measure is facially unconstitutional pursuant to Casey, 505 U.S. 833. The mandate of Casey remains binding on this Court until and unless the United States Supreme Court holds to the contrary. The judgment of the trial court holding the enactment unconstitutional is affirmed and the measure is stricken in its entirety.