DISTRICT COURT RULES
FOR THE
FIFTEENTH JUDICIAL DISTRICT
CHEROKEE AND WAGONER COUNTIES
EFFECTIVE APRIL 1, 2011
JUDGES
District Judge – Hon. Darrell Shepherd
307 E. Cherokee Wagoner, OK 74467
Ph: 918-485-2144
Fax: 918-485-5836
213 W. Delaware St., Tahlequah, OK 74464
Ph: 918-456-8252
Fax: 918-458-6532
Cherokee County Associate District Judge – Hon. Mark Dobbins
213 West Delaware St.
Tahlequah, OK 74464
Ph: 918-456-6179
Fax: 918-458-6532
Wagoner County Associate District Judge – Hon. Dennis Shook
307 East Cherokee St.
Wagoner, OK 74467
Ph: 918-485-9599
Fax: 918-485-8907
Cherokee County Special Judge – Hon. Sandy Crosslin
213 W. Delaware St.
Tahlequah, OK 74464
Ph: 918-456-8252
Fax: 918-458-6532
Cherokee County Special Judge – Hon. Holli Wells
213 W. Delaware St.
Tahlequah, OK 74464
Ph: 918-453-2020
Fax: 918-458-6532
Wagoner County Special Judge – Hon. Douglas Kirkley
307 East Cherokee St.
Wagoner, OK 74467
Ph: 918-485-7938
Fax: 918-485-7939
Contents
DISTRICT COURT RULES .......................................................................................................... 1
FOR THE ........................................................................................................................................ 1
FIFTEENTH JUDICIAL DISTRICT ............................................................................................. 1
CHEROKEE AND WAGONER COUNTIES ............................................................................... 1
EFFECTIVE APRIL 1, 2011 .......................................................................................................... 1
JUDGES.......................................................................................................................................... 2
1.
Hours of Operation .................................................................................................................. 4
2.
Courthouse Closing ................................................................................................................. 4
3.
Professionalism and Ex Parte Communications ...................................................................... 5
4.
Courtroom Conduct ................................................................................................................. 5
4
Familiarity With Rules and Laws ............................................................................................ 5
5
Cover Sheets and Pleadings ..................................................................................................... 6
6
Personal Data Identifiers ......................................................................................................... 6
7
Service of Pleadings or Process ............................................................................................... 7
8
Dismissal of Inactive Cases ..................................................................................................... 7
9
Requests for Hearings .............................................................................................................. 7
10
Jury and Non Jury Trial Procedure ...................................................................................... 8
11
Journal Entries, Orders and Decrees .................................................................................... 8
12
Final Orders ......................................................................................................................... 8
13
Orders With Special Instructions ......................................................................................... 8
14
Which Judge May Sign Orders ............................................................................................ 8
15
Default Judgments ............................................................................................................... 9
16
Withdrawal of Counsel ........................................................................................................ 9
17
Request for Extension of Time ............................................................................................ 9
18
Ex Parte Requests to Amend, Supplement or File Out-of-Time ....................................... 10
19
Motions in Civil Cases ....................................................................................................... 10
20
Briefs .................................................................................................................................. 10
21
Responses to Interrogatories and Requests for Admission or Production ......................... 11
22
Discovery Not To Be Filed ................................................................................................ 11
23
Disputed Discovery Motions ............................................................................................. 11
24
Refiling of Cases Dismissed Without Prejudice ................................................................ 11
25
Consolidation of Cases ...................................................................................................... 11
26
Applications for Temporary Restraining Orders, Temporary Injunctions, Receivers and
Other Emergency Orders .............................................................................................................. 11
27
Pleadings Sent by Mail for Filing ...................................................................................... 12
28
Frivolous Pleadings ............................................................................................................ 12
29
Habeas Corpus ................................................................................................................... 12
30
Domestic Relations Cases .................................................................................................. 13
31
Settlement Conferences ..................................................................................................... 13
32
Jury and Court Reporter Fees ............................................................................................ 13
33
Trial Exhibits ..................................................................................................................... 13
34
Pretrial Order ..................................................................................................................... 14
35
Video Recorded Depositions ............................................................................................. 14
36
Conduct During Depositions.............................................................................................. 14
37
Removal of Court Files ...................................................................................................... 14
38
Use of Courtrooms ............................................................................................................. 15
39
Removal of Exhibits .......................................................................................................... 15
40
Bankruptcy Notice ............................................................................................................. 15
41
Photographing, Recording, Broadcasting and Televising of Judicial Proceedings ........... 15
42
Rules Governing Private Process Servers .......................................................................... 16
43
Writs of Assistance, Forcible Entry & Detainer, and Civil Foreclosure ........................... 17
44
Costs In Foreclosure Actions ............................................................................................. 18
45
Criminal Motion Dockets and Preliminary Matters........................................................... 18
46
Designation of Record, Counter Designation of Record, Designation of Record by
Stipulation ..................................................................................................................................... 18
1. Hours of Operation
1.1. Hours of operation for all Courts shall be 8:00-4:30 except as otherwise directed by the
assigned judge.
2. Courthouse Closing
2.1. In the event the County Commissioners either close or do not open the courthouse due to
inclement weather or some emergency, all cases set for hearing shall automatically be
passed to the next legal weekday that the courthouse is open, unless otherwise
specifically ordered by the Court.
3. Professionalism and Ex Parte Communications
3.1. The Courts and public expect all judges, attorneys and litigants to act at all times in a
professional and courteous manner in order to assure prompt, efficient and fair
administration of justice.
3.2. Communication with the office of the assigned judge regarding scheduling and
procedural matters is permitted. A lawyer shall have no ex parte communication on the
substance of a pending case with the assigned judge.
4. Courtroom Conduct
4.1. Counsel’s conduct in the courtroom as a member of this Bar demonstrates counsel’s
respect for the administration of justice.
4.2. Counsel shall assist the Court in maintaining order and decorum by advising their clients
and witnesses in advance of proper courtroom behavior.
4.3. The following is requested of counsel for proper courtroom conduct:
4.4. Punctuality and brevity are virtues appreciated by judges and jurors.
4.5. Arguments shall be addressed to the Court and not to opposing counsel.
4.6. Stand when addressing the Court or when being addressed by the Court.
4.7. When examining a witness, or addressing the Court, please speak clearly so that the
judge, witness and court reporter can hear you.
4.8. Ask to approach the bench. You may approach the witness without permission for
purposes of presenting or retrieving an exhibit.
4.9. Do not sit on the counsel tables.
4.10.
Smoking, eating, drinking beverages and reading newspapers are not permitted in
the courtroom.
4.11.
Do not take files, pleadings or papers from the minute clerk’s desk or exhibits
from the court reporter unless you obtain permission to do so.
4.12.
Advise your clients of the ethical impropriety of discussing pending matters with
a judge.
4.13.
Do not ask to be excused when your matter is completed. Please depart quietly.
Do not hold conferences in the courtroom with clients when Court is in session.
4.14.
Cell phones or other electronic devices may not be used in the Courtroom unless
permission has been obtained from the Court.
4.15.
Attorneys, as officers of the Court, shall appear in Court in attire appropriate to
practitioners of this honored profession. Suitable business attire will be required of all
attorneys, male or female, for all Court appearances.
4 Familiarity With Rules and Laws
4.1 All attorneys and pro se litigants shall be familiar with and comply with all of the
following rules and laws:
4.1.1 Supreme Court Rules of the District Court
4.1.2
4.1.3
4.1.4
Oklahoma Pleading Code
Oklahoma Discovery Code
Oklahoma Evidence Code
5 Cover Sheets and Pleadings
5.1 All parties shall furnish a completed Cover Sheet to the Court Clerk when a petition is
filed in civil cases.
5.2 If a case is refiled after previous dismissal, this shall be disclosed on the Cover Sheet and
to the Court Clerk at the time of refiling.
5.3 Attorneys shall include their bar association number, name, address, telephone number,
fax number, and email address on all pleadings and the name, address, telephone number,
fax number, and e-mail address of the opposing party or counsel, if known. This shall
also apply to decrees, orders, and journal entries which are approved as to form by
counsel.
6 Personal Data Identifiers
6.1 Parties should not include sensitive information in any document filed with the court
unless such inclusion is necessary and relevant to the case. If sensitive information must
be included, the following personal data identifiers must be partially redacted from the
pleading:
6.1.1 Social Security numbers. If an individual’s social security number must be
included in a pleading, only the last four digits of that number should be used.
6.1.2 Names of minor children. If the involvement of a minor child must be mentioned,
only the initials of that child should be used.
6.1.3 Dates of birth. If an individual’s date of birth must be included in a pleading, only
the year should be used.
6.1.4 Financial account numbers. If financial account numbers are relevant, only the
last four digits of these numbers should be used.
6.1.5 A party filing a redacted document may, with permission of the Court, file an
unredacted document under seal containing the personal data identifiers.
6.2 Counsel shall exercise caution when filing documents that contain the following:
6.2.1 A personal identifying number, such as a driver’s license number;
6.2.2 Medical records, treatment and diagnosis;
6.2.3 Employment history;
6.2.4 Individual financial information;
6.2.5 Proprietary or trade secret information.
6.3 Counsel shall inform and discuss the contents of this Order with all clients so that an
informed decision about the inclusion of certain materials may be made. It is the sole
responsibility of counsel and the parties to be sure that all pleadings comply with the
rules stated herein. The clerk will not review any pleading for redaction. This Civil Rule
shall not apply to family, probate, adoption or protective order cases.
7 Service of Pleadings or Process
7.1 After summons is issued, the original shall be returned and filed in the case with the
Court Clerk. In those cases where the Court has issued contempt or restraining orders, or
granted injunctive relief or in other extraordinary proceedings requiring personal notice
to the party affected, the original order shall be filed with the Court Clerk after its
issuance, and certified copies thereof shall be used for service on the parties.
8 Dismissal of Inactive Cases
8.1 The court shall dismiss, without prejudice, any action on its docket in which no pleading
has been filed or no action taken for a year. The Court Clerk shall give notice to the
parties and/or their counsel of record before any such dismissal. This rule should be read
in conjunction with 12 O.S. § 1083.
8.2 All inactive civil, divorce, adoption, and criminal cases will be, by the Court Clerk,
placed on a disposition docket at least once each calendar year. Additional dockets may
be set at the discretion of the Court. The court may, for good cause shown, allow the
action to remain open by issuing an order setting forth the specific action required by the
party requesting the case remain open and the date by which the action is to be taken.
8.3 All cases on the small claims docket, not in judgment, in which no action has been taken
or pleading filed in six months will be dismissed without further action by the court. The
Court Clerk will show such dismissal on the appearance docket with the notation,
"Pursuant to Court Rule, case dismissed for want of prosecution."
8.4 The Court Clerk shall transfer to the Court Fund or to the State Tax Commission, as
appropriate, all unclaimed fees or costs, in compliance with 28 O.S. § 106 or 60 § 657, if
the case in which the funds are held is dismissed.
9 Requests for Hearings
9.1 Scheduling Conferences, Pre-Trials Conferences, Jury Sounding Dockets or Non Jury
Trials: The parties are encouraged to confer and submit Agreed Scheduling and Pre Trial
Orders without the necessity of a hearing. In any case where any party believes that a
formal pre-trial hearing would be beneficial, the assigned judge will schedule same.
When any party desires a jury trial date, request may be made to set the matter on the
Jury Sounding Docket. These dockets are scheduled approximately one (1) month in
advance of the actual jury docket. At that time, a specific trial date will be set and any
final issues will be resolved.
9.2 Any party who desires to have a matter set for hearing (unless otherwise provided for
herein) shall be responsible for preparing an Order for Hearing in a format appropriate for
the specific case which shall include a certificate of mailing to all interested parties
and/or attorneys. The order should be presented to the assigned judge’s office for
signature and docketing. The moving party shall be responsible for providing notice to
the other parties by mail or fax delivery. Opposing parties shall be given at least ten (10)
days notice of any hearing unless the parties have agreed otherwise, or the assigned judge
shortens the notice time. Whenever practical, all parties shall confer when setting
hearing dates and endeavor to select dates that are acceptable to each.
10
Jury and Non Jury Trial Procedure
10.1
The parties should be prepared to commence trial without delay. No motions
should be filed immediately before or at the time of trial.
11
Journal Entries, Orders and Decrees
11.1
Every order pertaining to an assigned case is to be presented to the judge to whom
the case is assigned.
11.2
Every journal entry, order, decree or other judgment shall contain the full style of
the case naming all parties.
11.3
Every journal entry, order, decree or other judgment presented to the Court for
signature shall contain approval as to form by the attorneys for each of the parties, unless
waived by the judge.
11.4
If counsel cannot settle the journal entry or order, then the attorney proposing it
shall file a Motion to Settle Journal Entry and set the matter for hearing.
11.5
Journal entries, orders and decrees, or a Motion to Settle Journal Entry must be
prepared and submitted to the Court and filed within twenty (20) days of the verdict or
Court’s ruling.
11.6
When a decree in a Family case is to be entered by the Court, unless otherwise
designated by the Trial Judge, the attorney for the plaintiff shall prepare a journal entry
and present it to the Judge for signature and to the Court Clerk for filing within twenty
(20) days from the date the decree is entered.
12
Final Orders
12.1
Any final order or judgment must so specify on the order or journal entry of
judgment. If the order or journal entry does not so state in its title, it will be filed and
docketed by the Court Clerk as a non-final order or judgment.
13
Orders With Special Instructions
13.1
A party or attorney filing an order containing instructions for special handling by
the Court Clerk’s office must notify the Court Clerk, the First or Second Deputy, or the
appropriate department head of these instructions upon filing. Failure to do so may result
in the Court Clerk’s inability to comply with the Court’s directions due to lack of proper
notice.
14
Which Judge May Sign Orders
14.1
Generally, orders should be presented to the assigned judge for his/her signature.
However, in the absence of the assigned judge, any available judge may sign agreed and
default orders, as well as orders setting hearings. It is the responsibility of the presenting
party to assure that the assigned judge’s clerk is notified of the entry of the order for
docketing purposes.
15
Default Judgments
Judgment in a case, (except family and domestic cases) in which service
has been made, but in which there has been no appearance, may be taken at any
time after the answer date before the assigned judge. The following documents
shall be provided to the assigned judge at the time the journal entry of default
judgment is presented for signature:
15.1.1 Proof of service.
15.1.2 Servicemember’s affidavit in accordance with the Servicemember’s
Civil Relief Act of 2003 and Department of Defense Status Report in all
civil cases involving individuals.
15.1.3 Proof of breach of last payment.
15.1.4 Copy of the contract, mortgage, note or account.
15.1.5 Amount of debt, principle and interest.
15.1.6 Assignments, if applicable.
15.1.7 Any other item specifically requested by the assigned judge.
15.1
16
Withdrawal of Counsel
16.1
Applications to Withdraw that do not comply with Court Rules will not be
considered.
16.2
Every Application to Withdraw as counsel in a civil case must contain the
following:
16.2.1 Statement of grounds for withdrawal.
16.2.2 Current status of the case (including when hearings, if any, have been scheduled).
16.2.3 Whether new or substitute counsel has been obtained by the client and entered an
appearance.
16.2.4 A certificate of mailing to the client showing last known mailing address and to
all other attorneys of record in the case.
16.2.5 All applications to withdraw must comply with 12 O.S. 2005.2.C.
16.2.6 No Application to Withdraw will be granted absent compelling circumstances if
filed within 30 days before the date on which a hearing or trial is scheduled.
16.3
Every Order Allowing Withdrawal must contain:
16.3.1 A statement of the case’s current status, including when hearings, if any, have
been scheduled, and
16.3.2 A certificate of mailing to the client showing last known mailing address and to
all other attorneys of record in the case.
16.3.3 All orders allowing withdrawal must comply with 12 O.S. Sec. 2005.2.C. Rule
11.
17
Request for Extension of Time
17.1
Counsel must include the following in the Request, or the Request for Extension
of Time will not be considered:
17.1.1
17.1.2
17.1.3
17.1.4
The original due date for the response.
The amount of additional time requested.
The reason for the request.
The current status of the case (including when hearings, if any, have been
scheduled).
17.1.5 A statement that opposing counsel has been contacted regarding the extension and
either consents or objects to the extension.
18 Ex Parte Requests to Amend, Supplement or File Out-ofTime
18.1
Counsel wishing to file amended or supplemental pleadings, applications,
motions, responses or briefs requiring leave of court or requesting to file out-of-time must
advise the Court of the following or the Request will not be considered:
18.1.1 The case’s current status.
18.1.2 Whether opposing counsel, having been contacted, objects to the filing.
18.1.3 Request to amend pleadings must also state the nature of the new matter or
amendment.
19
Motions in Civil Cases
19.1
All motions in civil cases must comply with Rule 4 of the Supreme Court Rules
for the District Courts (Okla. State., Title 12, Ch. 2 App.).
19.2
Counsel shall deliver a copy for the assigned judge of each motion, application,
response and brief to the Court Clerk’s office at the time the original is filed.
19.3
The Court shall determine whether oral argument will be beneficial and, if so,
shall provide attorneys with notice of the specific hearing date and time.
20
Briefs
20.1
All motions, applications, responses and briefs must be filed in accordance with
applicable statutes and deadlines and must comply with Oklahoma Supreme Court Rule
1.11(a), 12 O.S. Ch. 15, App. 1.
20.2
Each brief shall be clearly styled to show whether it is in support of a motion, in
opposition to a motion, or a reply brief, the particular application or proceeding to which
it relates, and the party or parties on whose behalf it is presented.
20.3
All motions and applications and responses to them, including briefs if required,
shall not exceed twenty (20) pages in length without prior permission of the Court.
20.4
Reply briefs are permitted only by leave of Court by application stating the reason
for filing a reply brief. Reply briefs should not be attached to the application but should
be filed separately within five days after permission is granted. No reply brief may
exceed five (5) pages in length. No further briefs shall be filed without prior permission
of the Court.
21 Responses to Interrogatories and Requests for Admission
or Production
21.1
Each answer or objection to an interrogatory, request for admission, or request for
production of documents or things pursuant to 12 O.S. §§ 3233, 3234 and 3236 shall be
immediately preceded by the interrogatory or request to which response is being made.
22
Discovery Not To Be Filed
22.1
Depositions, interrogatories, requests for admissions, requests for documents and
things, and responses to these shall not be filed with the Court Clerk except as
attachments to a motion, or response to a motion, or are ordered by the Court to be filed.
22.2
A motion to compel discovery or discovery motion for protective order shall
include either a verbatim recitation or a copy of the interrogatory, question, request,
answer, response or objection which is the subject of the motion.
23
Disputed Discovery Motions
23.1
The Court will not set or hear any discovery dispute unless counsel for the movant
advises the Court in the motion that the lawyers have conferred either in person or by
telephone with each other in good faith about the dispute but have been unable to resolve
it. Correspondence alone will not satisfy this requirement.
24
Refiling of Cases Dismissed Without Prejudice
24.1
Any case previously assigned to a division of the Court and thereafter dismissed
without prejudice, if refiled, shall be assigned by the Court Clerk at the time of refiling or
by the District Judge, if reassigned after filing, to the same judge in the division of the
Court in which it was pending at the time it was dismissed.
25
Consolidation of Cases
25.1
All questions of consolidating two or more cases, or having one judge of he Court
handle two or more cases pending before different judges, shall be presented by motion.
All such motions shall be determined by the judge who would be taking the transferred or
consolidated cases, generally the judge having the earliest case number. If it is ordered
that cases be consolidated or assigned to the same judge, then the other case or cases shall
be reassigned by the District Judge to the judge taking the case or cases, generally the
judge with the earliest case number.
26 Applications for Temporary Restraining Orders,
Temporary Injunctions, Receivers and Other Emergency
Orders
26.1
Applications for Temporary Restraining Orders, Temporary Injunctions,
Receivers and Other Emergency Orders, shall be presented only to the judge to whom the
case is assigned (20 O.S. 1971, Section 95.7) unless otherwise provided by these rules.
When presenting an application for an order as described in this rule, counsel shall attach
a verified statement setting forth:
26.1.1 Whether the opposition is represented by counsel and, if so, by whom, and
26.1.2 That the opposition has been given adequate notice of the presentation of the
application at a date and time certain.
26.1.3 Counsel requesting temporary restraining orders must also comply with 12 O.S.
Section 1384.1(B).
27
Pleadings Sent by Mail for Filing
27.1
If pleadings or other documents are mailed to the Court for filing, the Court Clerk
will not return stamped copies unless copies are provided and a self-addressed envelope
large enough to accommodate the mailing with sufficient postage attached is enclosed.
28
Frivolous Pleadings
28.1
If a pleading is found to be frivolous, the Court may, on its own motion or on the
oral or written motion of the opposing party, tax costs in the case against the party filing
it. The Court may make subsequent orders to insure compliance with the Court’s
findings. Prisoners proceeding pro se should familiarize themselves with 12 O.S. Section
2003.1 (1995) and 57 O.S. Section 566 et seq.
29
Habeas Corpus
29.1
Habeas Corpus Actions shall be filed as follows:
29.1.1 Those actions seeking custody of minor children:
29.1.1.1 If there is an existing domestic relations case, the application shall be filed
in that case and shall be styled the same as the existing case. If there is no
existing domestic relations case, the Petition for Writ of Habeas Corpus shall
be filed with a new case number. No petition shall be filed without a certified
copy of the existing custody order. The petition shall be filed without fee.
29.1.1.2 Writs may be served by licensed process servers or by the Sheriff unless
the minor child or children are to be picked up. If the Court orders the minor
child or children to be picked up, then service must be by the Sheriff.
29.1.1.3 Counsel or the applicant shall deliver a copy of the application or petition
to the assigned judge to have a hearing scheduled without delay.
29.1.1.4 Counsel or the applicant shall notify all parties of the specific hearing
date.
29.1.2 Those actions seeking release from custody of persons held by law enforcement
must comply with 22 O.S. Section 1151, and:
29.1.2.1 If there is an existing criminal case, the writ action shall be filed in that
case and shall be styled the same as the criminal case.
29.1.2.2 If there is no pending case, the writ shall be filed with a new criminal case
number.
29.1.2.3 The application shall be filed without fee.
29.1.2.4 The applicant shall give notice to all affected parties (DA, Sheriff, Police
Chief, or in the event of DOC Prisoners, to the Warden of the correctional
facility and General Counsel of the Dept. of Corrections) and shall present the
application to the assigned judge for the scheduling of a hearing.
29.1.2.5 The assigned Judge shall set the matter forthwith, unless the application is
for the purpose of securing the attendance of a prisoner from out of county in
which case the matter shall be set not less than ten (10) days before the
scheduled attendance.
29.1.3 Those actions seeking review or habeas corpus relief concerning the custodial
status assumed by state agencies of juveniles shall file their application with the
Juvenile Court.
29.1.4 Habeas corpus actions, not otherwise provided for in this rule (Reference 12
9O.S. Section 397 and Johnson v. State, 702 P.2d 56 (Okla. 1985):
29.1.4.1 The application shall be filed as a civil case.
29.1.5 Counsel or the applicant for a writ to secure the presence of a prisoner at hearings
in a civil case must serve a copy of the application and order for hearing by mail
on the custodian of the prisoner in the same manner as required in criminal cases.
29.1.5.1 The Court may waive the hearing and rule on the application pursuant to
Rule 4(h) of the Oklahoma Rules for the District Courts.
30
Domestic Relations Cases
30.1
Unless otherwise ordered by the Court, or exempted by 43 O.S. 107.3 (B), all
domestic relation cases shall submit to mediation before a trial date is set.
31
Settlement Conferences
31.1
The Court will set a case for settlement conference or mediation on joint request
of the parties. The mediation or settlement conference order will be issued by the
assigned judge.
32
Jury and Court Reporter Fees
32.1
The jury and court reporter fees specified in 28 O.S. Section 152.1 must be paid
by the requesting party no later than pretrial conference. No pretrial order will be filed
without payment of the jury and court reporter fees.
33
Trial Exhibits
33.1
Copies of all exhibits to be offered at trial must be marked by number and
exchanged with opposing counsel before the pretrial conference and provided to the
Court at the pretrial conference, unless waived by the Court. Anatomical models and
enlargements of marked exhibits may be excluded from those provided to the Court but
must be shown to opposing counsel.
34
Pretrial Order
34.1
Only one pretrial order shall be submitted.
34.2
Plaintiff’s counsel shall initiate the preparation of the pretrial order by submitting
a proposed pretrial order to opposing counsel no later than 15 days before the pretrial
conference hearing. If Plaintiff’s counsel fails to do so, then at least 10 days before the
pretrial conference hearing, Defendant’s counsel shall submit a proposed pretrial order to
Plaintiff’s counsel. If plaintiff is pro se, the first named represented party shall initiate its
preparation. Opposing counsel and pro se parties must cooperate with the preparing party
in the completion of the pretrial order and shall return the completed pretrial order to
opposing counsel no later than 5 days before the pretrial hearing.
34.3
Failure to comply with these requirements may result in sanctions, including those
provided in Supreme Ct. Rule 5.
35
Video Recorded Depositions
35.1
Counsel must confer to resolve objections in video recorded depositions to be
used at trial. To avoid delay at trial, those objections not resolved by counsel shall be
marked on a copy of the transcript and presented to the Court no later than
commencement of the trial.
36
Conduct During Depositions
36.1
Objections to questions during an oral deposition are limited to “Objection,
leading” and “Objection, form.” Objections to testimony during the deposition are
limited to “Objection, nonresponsive.” These objections are waived if not stated as
phrased during the oral deposition. All other objections need not be made or recorded
during the deposition to be later raised in court. Argumentative or suggestive objections
or explanations waive objection and may be grounds for terminating the oral deposition
or assessing court or other sanctions.
36.2
An instruction to a deponent not to answer a question shall be limited to the
grounds set forth in Section 3230 E.1. of the Discovery Code, 12 O.S. 2001 §3230 E. 1.
The attorney instructing the witness not to answer shall give a concise, nonargumentative, non-suggestive explanation of the grounds for the instruction if requested
by the party conducting the examination.
36.3
Counsel and a witness shall not engage in private, off-the-record conferences
during the actual taking of the deposition, except for the purpose of deciding whether to
assert a privilege or to move for a protective order. Private conferences may be held,
however, during agreed recesses and adjournments.
37
Removal of Court Files
37.1
Files may not be removed from the Courthouse except pursuant to Court order.
37.2
The following persons may remove Court files from the Court Clerk’s office for
official use with a written order or receipt form from the judge or Court Clerk: the Court
Clerk or the Court Clerk’s deputies, bailiffs, judges, attorneys, court reporters, and
abstractors.
37.3
Criminal files, juvenile files, and mental health files may be checked out only to
the Court Clerk, deputy court clerks, bailiffs, judges, and court reporters or as otherwise
provided by written Court Order.
37.4
Failure to return a court file may subject the offending party to the imposition of
sanctions.
38
Use of Courtrooms
38.1
The courtrooms shall be used only for regular Court business unless permission
for other use is first obtained from the judge whose courtroom is requested.
39
Removal of Exhibits
39.1
No exhibit offered or admitted in evidence shall be removed from the courtroom
or from the custody of the Court Clerk or Court Reporter, as the case may be, without
permission of the Judge, and a written dated receipt shall be given by the person
receiving it.
39.2
Only two-dimensional exhibits no larger than 8 1/2 inches by 14 inches,
videotapes or audiotapes admitted into evidence will be retained by the Court Reporter
following the trial. Counsel shall substitute a copy meeting these size restrictions of any
oversized exhibit. Other exhibits, including oversized exhibits, shall be withdrawn from
the record at the conclusion of the trial and retained by the party or counsel presenting
them at trial.
39.3
In criminal cases, parties/counsel shall comply with the Rules of the Court of
Criminal Appeals.
40
Bankruptcy Notice
40.1
Any party filing a petition in Bankruptcy Court or receiving notice of another
party in the case filing a Petition in Bankruptcy Court shall file immediate written notice
of the bankruptcy filing in the State District Court case at issue.
40.2
After a Notice of Bankruptcy has been given, no request for relief can or will be
addressed unless the moving party (1) notifies the District Court that the Bankruptcy
Court has granted relief from the stay or the stay is no longer in effect and (2) attaches a
copy of the pertinent Order.
41 Photographing, Recording, Broadcasting and Televising of
Judicial Proceedings
41.1
In conformity with the practice that has prevailed in the District Courts, the
following rules governing the taking of photographs, the recording, broadcasting and
televising of judicial proceedings in the Courthouse are hereby promulgated:
41.1.1 Except as expressly permitted by the individual judge, the use of cameras,
television and other recording or broadcasting equipment is prohibited inside a
courtroom or in the immediate vicinity of a courtroom.
41.1.2 The use of cameras, television, recording and broadcasting equipment is not
prohibited in other areas of the courthouse, provided that media representatives
exercise diligence to insure that such equipment and its use does not interfere with
the session of any proceeding being covered or with any proceeding in a
courtroom adjacent to the proceeding being covered.
41.1.3 Notwithstanding these rules, the an individual judge may promulgate specific
rules governing the use of cameras, television, recording and broadcasting
equipment to remain in force and effect for any specific proceeding or event.
41.1.4 The purpose of this directive is to insure that courtroom proceedings are
conducted at all times with dignity and in a manner calculated to avoid the
disruption of order and decorum which the judicial process demands.
41.1.5 It should be emphasized that the representatives of the news media are expected
to conduct themselves at all times in a professional manner consistent with the
spirit and intent of this directive. In order to insure such conduct, if conduct of the
news media which violates the foregoing rules,is brought to the attention of any
judge, the offending person shall be notified immediately to cease and desist such
activity. If the offending party refuses to comply with the order, then the judge
may immediately command his or her personnel to take affirmative action to end
such activity, including the seizure of the equipment of such person. Any
offender may punished for contempt of court.
41.1.6 This directive does not prohibit any judge from giving photographic or
broadcasting interviews with any television or radio station or to be photographed
in any manner in chambers, and any judge may permit broadcasting, televising,
recording or photographing of investigative, ceremonial or naturalization
proceedings or any moot court trial use for educational or scientific purposes.
42
Rules Governing Private Process Servers
42.1
A licensed process server is authorized to serve process issued by this Court in
civil cases anywhere within the State of Oklahoma.
42.2
A licensed process server may not serve papers originating in any other county
unless the process server is also licensed in that county or has met the requirements for
registering the license in that county as provided by law.
42.3
The return of service must explain exactly how, when and upon whom the papers
were served, and must designate the instrument that was served.
42.4
Process servers are not authorized to serve or execute warrants, executions, writs,
attachments, or any other process for the taking or locking up of property or causing an
arrest.
42.5
A licensed process server will not represent himself or herself as a police officer,
deputy sheriff, deputy court clerk or any other court official.
42.6
Process servers should always keep in mind that they are representatives of the
Courts and should never serve or attempt to serve process while under the influence of
alcohol or drugs. A process server will never carry any type of gun or weapon unless he
or she has an officer’s commission or has been certified as required by law to carry a
concealed weapon.
42.7
When serving a person, process servers must show their licenses and advise the
person that they are process servers. Licenses shall be carried at all times while on duty.
The use of any badge is prohibited.
42.8
If any questions arise concerning the process server’s license or activities, refer to
Section 158.1 of Title 12 of the Oklahoma Statutes, and/or consult an attorney for legal
advice.
42.9
Upon an annual filing of a certified copy of a license issued pursuant to the
provisions of this section and payment of a filing fee of ten dollars ($10) to the Court
Clerk of any county within this state, a licensed process server may serve process in that
county for the District Court having jurisdiction in that county.
43 Writs of Assistance, Forcible Entry & Detainer, and Civil
Foreclosure
43.1
All Forcible Entry and Detainer actions will be assigned to the Small Claims
Docket, pursuant to Title 12 O.S. §1148.14, for determination of the right to possession,
regardless of the underlying amount in controversy, at the conclusion of which, the
matter shall be returned to the assigned judge for further proceedings.
43.2
All Forcible Entry and Detainer actions proceeding under 12 O.S. 1148 et seq.,
and all civil foreclosure actions in which writs of assistance for the possession of real
property are sought shall be governed by the following procedure:
43.2.1 The prevailing party, in whose favor a writ of assistance or execution for
restitution of premises is issuable pursuant to a judgment, shall provide the
District Court Clerk with a completed execution instruction form prior to the
issuance of execution process. The execution instruction form shall contain all of
the following information:
43.2.1.1 On the completed execution instruction form, the party seeking execution
shall indicate whether he/she desires restitution of the premises only, or
whether both restitution and a levy of execution on the goods and chattels of
the judgment debtor is required.
43.2.1.2 In the event that a party seeking a writ of execution does not require
execution on the goods and chattels of the judgment debtor, the party seeking
execution shall so state on the execution instruction form, and shall further
state the requested method of restitution for the Sheriff to perform, as follows:
43.2.1.2.1 Removal of persons only from the restored premises; or
43.2.1.2.2 Removal of all persons and removal of their personal property from
the restored premises to the nearest city or county curb line; or
43.2.1.2.3 Removal of all persons and removal of all their possessions from the
restored premises by using the following mover (to be arranged by
plaintiff-provide name, address, and telephone number).
43.2.1.3 In the event that the party seeking the execution requires both restitution
of the premises and a levy of execution of the personal property located
therein (to be advertised and sold at Sheriff’s sale, as provided by law), that
party shall indicate the number of rooms of the premises to be restored to such
party’s possession, including living rooms, dining rooms, kitchens, but
excluding hallways, bathrooms and closets.
43.2.2 Upon completion of the form, the Court Clerk shall collect court costs and/or
anticipated fees, as deemed appropriate by the Court Clerk based upon the
following:
43.2.2.1 Statutory fees for the Clerk, Sheriff, sale, notice, publication, etc., as
provided by law; and
43.2.2.2 The anticipated cost of inventory, packing, transportation and storage of
the personal property upon which levy is sought, in accordance with the
anticipated cost structure as provided by the Court Clerk. After levy has been
completed and the property has been sold at Sheriff’s sale as provided by law,
and upon application of the party seeking the levy of execution, the Court
Clerk shall make a refund of any unexpended court costs and/or fees. In the
event that the anticipated cost deposit collected by the Court Clerk is
insufficient to cover the expenses incurred in the process of sale, the party
requesting the levy shall be required to make up the difference.
44
Costs In Foreclosure Actions
44.1
In foreclosure of real property cases, all outstanding court costs and fees shall be
due and payable at the time of the Sheriff’s return of sale. If accrued court costs have not
been paid when the Sheriff tenders his return of sale, the Court Clerk shall receive the
return and shall stamp on its face “Received” and the date. However, the return shall not
be filed in the case until the outstanding costs are paid. The Court Clerk shall not file for
a party owing costs any further pleadings in the case until that party pays the costs owed.
45
Criminal Motion Dockets and Preliminary Matters
45.1
All motions, demurrers, applications and other preliminary matters in felony
criminal cases, pending in the District Court, are to be set for hearing on the docket of the
assigned district judge at such time as he or she shall direct.
45.2
Rulings on motions, demurrers, and other pleadings in criminal cases shall be
preserved by journal entry signed by the judge entering the order.
45.3
Motions for continuance of a trial setting and motions to withdraw as counsel in
felony cases may be granted only by the assigned judge.
45.4
Motions to withdraw as counsel in felony cases shall be filed and presented to the
assigned judge for decision prior to preliminary hearing. Motions filed after preliminary
hearing, either by bind-over or waiver, will not be sustained unless good cause is shown.
Non-payment of attorney’s fees shall not constitute good cause.
46 Designation of Record, Counter Designation of Record,
Designation of Record by Stipulation
46.1
Upon filing a designation of record, counter designation of record, or designation
of record by stipulation with the Court Clerk, a certified copy shall be served the same
day on the court reporter(s) who recorded the proceeding (s) being appealed.
46.2
Transcription of the record will not be commenced by the court reporter(s) until a
sufficient deposit is received by the reporter(s) except when the record has been ordered
transcribed at public expense.
46.3
No designation of record, amended or supplemental designation of record,
however denominated, or counter-designation of record shall be accepted for filing by the
Court Clerk unless it contains one of the following:
46.3.1 Signed acknowledgments from all court reporter(s) who reported evidence in a
case indicating receipt of the request for transcript, the date received, and the
amount of deposit received, if applicable, or
46.3.2 A signed statement by the attorney preparing the designation of record stating that
a transcript has not been ordered and a brief explanation why.
IN THE DISTRICT COURT OF THE FIFTEENTH JUDICIAL DISTRICT
CHEROKEE AND WAGONER COUNTIES, STATE OF OKLAHOMA
)
IN THE MATTER OF THE ENACTMENT OF )
DISTRICT COURT RULES FOR THE
)
FIFTEENTH JUDICIAL DISTRICT,
)
CHEROKEE AND WAGONER COUNTIES
)
)
Cherokee AO-2011_______
Wagoner AO-2011_______
ADMINISTRATIVE DIRECTIVE
The attached District Court Rules are hereby enacted and shall be effective
beginning April 1, 2011.
So ordered this 21st day of January, 2011.
_______________________________
DARRELL SHEPHERD
DISTRICT JUDGE