IN RE: AMENDMENT TO OKLAHOMA SUPREME COURT RULE 1.60 , 2019 OK 64 ( 2019 )


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    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, 22 O.S. §§ 60 et seq.

    Citationizer© Summary of Documents Citing This Document
    Cite Name Level
    Title 12. Civil Procedure
     CiteNameLevel
     12 O.S. RULE 1.60, DEFINITION OF INTERLOCUTORY ORDERS APPEALABLE BY RIGHTCited
    Citationizer: Table of Authority
    Cite Name Level
    Title 12. Civil Procedure
     CiteNameLevel
     12 Ohio St. 1879, AppealsCited
     12 Ohio St. 655, Petition for New TrialCited
     12 Ohio St. 952, Jurisdiction of Supreme CourtDiscussed at Length
     12 Ohio St. 993, Appeals from Certain Interlocutory Orders - UndertakingDiscussed at Length
    Title 22. Criminal Procedure
     CiteNameLevel
     22 Ohio St. 60, Short TitleCited
    Title 58. Probate Procedure
     CiteNameLevel
     58 Ohio St. 721, Appealable Judgments and Orders of District CourtCited







Document Info

Citation Numbers: 2019 OK 64

Filed Date: 10/8/2019

Precedential Status: Precedential

Modified Date: 11/18/2019