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IN RE: AMENDMENT TO OKLAHOMA SUPREME COURT RULE 1.60Skip to Main Content Accessibility StatementOSCN Found Document:IN RE: AMENDMENT TO OKLAHOMA SUPREME COURT RULE 1.60
IN RE: AMENDMENT TO OKLAHOMA SUPREME COURT RULE 1.60
2019 OK 64
Decided: 10/08/2019
THE SUPREME COURT OF THE STATE OF OKLAHOMA
Cite as: 2019 OK 64, __ P.3d __
NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.
IN RE: AMENDMENT TO THE OKLAHOMA SUPREME COURT RULE 1.60, 12 O.S. ch. 15, app.1.
ORDER
On October 7, 2019, the Oklahoma Supreme Court in Conference approved the attached amendment to Oklahoma Supreme Court Rule 1.60, Okla. Stat. tit. 12, ch. 15, app. 1. The amendment shall be immediately effective upon the filing of this order, and shall apply to all pending cases before this Court and the Court of Civil Appeals.
DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THE 7th DAY OF OCTOBER, 2019.
/S/CHIEF JUSTICE
Gurich, C.J., Darby, V.C.J., Kauger, Combs and Kane, JJ., concur;
Winchester, Edmondson and Colbert, JJ., dissent.
Exhibit "A"
RULE 1.60 - DEFINITION OF INTERLOCUTORY ORDERS APPEALABLE BY RIGHT
Orders of the district court that are interlocutory and may be appealed by right in compliance with the rules in this part are those that:
(a) Grant a new trial or vacate a judgment on any ground, including that of newly discovered evidence or the impossibility of making a record (
12 O.S. § 655, 12 O.S. § 952(b)(2));(b) Discharge, vacate or modify or refuse to discharge, vacate or modify an attachment (
12 O.S. § 993(A)(1));(c) Deny a temporary injunction, grant a temporary injunction except where granted at an ex parte hearing, or discharge, vacate or modify or refuse to discharge, vacate or modify a temporary injunction (
12 O.S. § 952(b)(2) and 12 O.S. § 993(A)(2));(d) Discharge, vacate or modify or refuse to discharge, vacate or modify a provisional remedy which affects the substantial rights of a party (
12 O.S. § 952(b)(2) and 12 O.S. § 993(A)(3));(e) Appoint a receiver except where the receiver was appointed at an ex parte hearing, refuse to appoint a receiver or vacate or refuse to vacate the appointment of a receiver (
12 O.S. § 993(A)(4));(f) Direct the payment of money pendente lite except where granted at an ex parte hearing, refuse to direct the payment of money pendente lite, or vacate or refuse to vacate an order directing the payment of money pendente lite (
12 O.S. § 993(A)(5));(g) Certify or refuse to certify an action to be maintained as a class action (
12 O.S. § 993(A)(6));(h) Are enumerated in
58 O.S. § 721 (interlocutory probate orders but not orders allowing a final account and granting a decree of distribution);or(i) Are made under the provisions of
12 O.S. § 1879.; or(j) Temporary orders of protection made in proceedings pursuant to the Protection From Domestic Abuse Act,
Citationizer© Summary of Documents Citing This Document
Cite Name Level Title 12. Civil Procedure Cite Name Level 12 O.S. RULE 1.60, DEFINITION OF INTERLOCUTORY ORDERS APPEALABLE BY RIGHT Cited
Cite Name Level Title 12. Civil Procedure Cite Name Level 12 O.S. 1879, Appeals Cited 12 O.S. 655, Petition for New Trial Cited 12 O.S. 952, Jurisdiction of Supreme Court Discussed at Length 12 O.S. 993, Appeals from Certain Interlocutory Orders - Undertaking Discussed at Length Title 22. Criminal Procedure Cite Name Level 22 O.S. 60, Short Title Cited Title 58. Probate Procedure Cite Name Level 58 O.S. 721, Appealable Judgments and Orders of District Court Cited
Document Info
Citation Numbers: 2019 OK 64
Filed Date: 10/8/2019
Precedential Status: Precedential
Modified Date: 3/3/2020