Okla. Stat. tit. 12, § 12-990.2
This is the official text of Okla. Stat. tit. 12, § 12-990.2, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Time for appeal - Effect of post-trial motions
Official statutory text
A. Post-Trial Motions Filed Within Ten (10) Days. When a post-
trial motion for a new trial, for judgment notwithstanding the
verdict, or to correct, open, modify, vacate or reconsider a
judgment, decree or final order, other than a motion only involving
costs or attorney fees, is filed within ten (10) days after the
judgment, decree or final order is filed with the court clerk, an
appeal shall not be commenced until an order disposing of the motion
is filed with the court clerk. The unsuccessful party may then
appeal from the order disposing of the motion within thirty (30)
days after the date such order was filed. If the decision on the
motion was against the moving party, the moving party may appeal
from the judgment, decree or final order, from the ruling on the
motion, or from both, in one appeal, within thirty (30) days after
the filing of the order disposing of the motion. Successive appeals
from the original judgment, decree or final order and the order
disposing of the motion shall not be allowed.
B. Post-Trial Motions Filed After Ten (10) Days. The time to
appeal from a judgment, decree or final order is not extended or
affected by the filing of a motion to correct, open, modify, vacate
Oklahoma Statutes - Title 12. Civil Procedure Page 184
or reconsider the judgment, decree or final order that is filed more
than ten (10) days after the judgment, decree or final order is
filed with the clerk of the trial court, and an appeal that is
commenced before such a motion is filed is not premature. If the
motion is filed after a petition in error is filed, the moving party
shall advise the Supreme Court the motion was filed. If a petition
in error is filed after such a motion is filed, the appellant shall
advise the Supreme Court in the petition in error that the motion is
pending. When the trial court disposes of the motion where a
petition in error has been filed, the successful party shall advise
the Supreme Court of the action taken on the motion.
C. If the appellant did not prepare the judgment, decree, or
final order, and Section 696.2 of this title required a copy of the
judgment, decree, or final order to be mailed to the appellant, and
the court records do not reflect the mailing of a copy of the
judgment, decree, or final order to the appellant within three (3)
days, exclusive of weekends and holidays, after the filing of the
judgment, decree, or final order, all times referred to in this
section shall run from the earliest date on which the court records
show that a file-stamped copy of the judgment, decree, or final
order was mailed to the appealing party, rather than from the date
of filing.
D. Costs and Attorney Fees. The filing of a motion for costs
or attorney fees shall not extend or affect the time to appeal.
trial motion for a new trial, for judgment notwithstanding the
verdict, or to correct, open, modify, vacate or reconsider a
judgment, decree or final order, other than a motion only involving
costs or attorney fees, is filed within ten (10) days after the
judgment, decree or final order is filed with the court clerk, an
appeal shall not be commenced until an order disposing of the motion
is filed with the court clerk. The unsuccessful party may then
appeal from the order disposing of the motion within thirty (30)
days after the date such order was filed. If the decision on the
motion was against the moving party, the moving party may appeal
from the judgment, decree or final order, from the ruling on the
motion, or from both, in one appeal, within thirty (30) days after
the filing of the order disposing of the motion. Successive appeals
from the original judgment, decree or final order and the order
disposing of the motion shall not be allowed.
B. Post-Trial Motions Filed After Ten (10) Days. The time to
appeal from a judgment, decree or final order is not extended or
affected by the filing of a motion to correct, open, modify, vacate
Oklahoma Statutes - Title 12. Civil Procedure Page 184
or reconsider the judgment, decree or final order that is filed more
than ten (10) days after the judgment, decree or final order is
filed with the clerk of the trial court, and an appeal that is
commenced before such a motion is filed is not premature. If the
motion is filed after a petition in error is filed, the moving party
shall advise the Supreme Court the motion was filed. If a petition
in error is filed after such a motion is filed, the appellant shall
advise the Supreme Court in the petition in error that the motion is
pending. When the trial court disposes of the motion where a
petition in error has been filed, the successful party shall advise
the Supreme Court of the action taken on the motion.
C. If the appellant did not prepare the judgment, decree, or
final order, and Section 696.2 of this title required a copy of the
judgment, decree, or final order to be mailed to the appellant, and
the court records do not reflect the mailing of a copy of the
judgment, decree, or final order to the appellant within three (3)
days, exclusive of weekends and holidays, after the filing of the
judgment, decree, or final order, all times referred to in this
section shall run from the earliest date on which the court records
show that a file-stamped copy of the judgment, decree, or final
order was mailed to the appealing party, rather than from the date
of filing.
D. Costs and Attorney Fees. The filing of a motion for costs
or attorney fees shall not extend or affect the time to appeal.
Status: in_force · Read it on the official government site
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