Appeal Flashcards Preview

Oklahoma Civil Procedure > Appeal > Flashcards

Flashcards in Appeal Deck (11):
1

When does a party have a right to appeal?

Every party has a right to one appeal.

2

What special cases are appealable to the Oklahoma Supreme Court?

Appeals from:
1. Workers' Compensation court;
2. Court of Tax Review;
3. the DPS;
4. the Oklahoma Tax Commission;
5. the Oklahoma Corporation Commission; and
6. the DHR.

3

What is the procedure for appeals of civil cases?

A party appeals a civil case directly to the Oklahoma Supreme Court.

The Supreme Court may then direct the appeal to the Court of Civil Appeals. The Supreme Court may choose to retain the case, and is likely to o so for cases pertaining to an issue of first impression, an important issue of law, or a matter of great public interest. A party may make a motion for the Supreme Court to retain the case, stating specific grounds for which the retention is sought.

4

How is the appeals process started?

Civil appeals are commenced by filing a petition in error with 14 copies with the clerk of the Supreme Court, filing a copy with the trial court, mailing a copy to each party, and paying the cost deposit.

This must be completed within 30 days from the date of the judgment, decree, or appealable order.

Appellants must file a designation of record; appellees must file a counter designation of record.

The record on appeal must be ready for transmission to the Supreme Court within six months from the date of judgment or order appealed.

Upon the completion of the record for the appeal, the clerk of the trial court shall file a Notice of Completion of Record with the clerk of the Supreme Court and notify all parties.

The appellant must file a brief-in-chief with the Supreme Court within 60 days from the date the Notice of Completion of Record is filed. The appellee then has 40 days to file an answer brief. The appellant may then file a reply brief within 20 days.

There is an accelerated appeals process for appeals from summary judgments and final orders in which motions to dismiss for failure to state a claim or lack of jurisdiction were filed.

5

What does the Supreme Court do upon appeal?

Upon appeal, the Oklahoma Supreme Court may reverse, vacate, or modify judgments of the district court for errors appearing on the record.

The Supreme Court may also reverse, vacate, or modify any of the following district court orders:
1. a final order; that is, an order that a. affects a substantial right in an action, when such order, in effect, determines the action and prevents a judgment; or b. affects a substantial right, made in a special proceeding or upon a summary application in an action after judgment;
2. an order that discharges, vacates, or modifies, or refuses to vacate or modify, a provisional remedy which affects the substantial rights of a party;
3. an order that grants, vacates, modifies, or refuses to vacate or modify an injunction;
4. an order that grants or refuses to vacate a final judgment;
5. any order that vacates or refuses to vacate a final judgment; or
6. any other order which affects a substantial part of the merits of the controversy, when the trial judge certifies that an immediate appeal may materially advance the ultimate termination of the litigation.

6

What happens upon appeal after the Court of Civil Appeals?

A party may petition the Supreme Court to review an opinion of the Court of Civil Appeals on writ of certiorari.

The decision whether to grant review is subject to the discretion of the Supreme Court, which will consider the following factors:
1. whether the Court of Civil Appeals has decided a question of substance not previously decided by the Supreme Court;
2. whether the Court of Civil Appeals has decided a question of substance in a way probably not in accord with applicable decisions of the Supreme Court or the Supreme Court of the United States;
3. whether a division of the Court of Civil Appeals has rendered a decision in conflict with the decision of another division of that court; and
4. whether the Court of Civil Appeals has so far departed from the accepted and usual course of judicial proceedings or so far sanctioned such procedure by a trial court as to call for the exercise of the Supreme Court's power of supervision.

7

What is claim splitting?

It is not permitted in Oklahoma. Ps may not file claims fro relief in separate actions arising under the same transaction or occurrence.

8

What is the doctrine of bar?

It precludes a P from seeking relief in a second suit if he lost the first suit.

9

What is the doctrine of merger?

It precludes a P from seeking additional relief in a subsequent suit if he won the first suit.

10

What is claim preclusion?

It is also known as res judicata. It is a doctrine that bars parties from relitigating the same action after a court has already rendered a final judgment on the merits.

For claim preclusion to apply, it must be shown that there was an earlier final judgment on the merits in a case between the same parties that arose out of the same cause of action that is the subject of the present suit.

Claim preclusion also operates to bar all theories and issues of fact or law which could have been litigated in the previous action.

11

What is issue preclusion?

It is also known as collateral estoppel. it is a doctrine which bars a party from relitigating an issue of fact or law that had been decided in an earlier action to which that party was also a party, provided that the determination of that issue was essential to the judgment.

It may only be invoked if the party against whom the earlier decision is interposed had a full and fair opportunity to litigate the critical issue in the previous case.