Okla. Stat. tit. 22, § 22-1088.1
This is the official text of Okla. Stat. tit. 22, § 22-1088.1, part of Oklahoma’s Stat. tit. 22, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 22,." Browse the sections below, each linked to its official government source.
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Post-conviction relief applications - Reasonable
Official statutory text
inquiry - Sanctions.
Oklahoma Statutes - Title 22. Criminal Procedure Page 374
A. By presenting to the court, whether by signing, filing,
submitting, or later advocating, a pleading, written motion or other
papers regarding an application for post-conviction relief an
attorney or unrepresented party is certifying that to the best of
the person's knowledge, information, and belief, formed after an
inquiry reasonable under the circumstances:
1. It is not being presented for any improper purpose, such as
to harass or to cause unnecessary delay or needless increase in the
cost of litigation;
2. The claims and other legal contentions therein are warranted
by existing law or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the establishment of
new law; and
3. The allegations and other factual contentions have
evidentiary support or, if specifically so identified, are likely to
have evidentiary support after a reasonable opportunity for further
investigation or discovery.
B. If, after notice and a reasonable opportunity to respond,
the Court of Criminal Appeals determines that this section has been
violated, the court may impose an appropriate sanction upon the
attorneys, law firms, or parties that have violated this section.
The Court of Criminal Appeals may adopt and publish rules to
implement this section.
Oklahoma Statutes - Title 22. Criminal Procedure Page 374
A. By presenting to the court, whether by signing, filing,
submitting, or later advocating, a pleading, written motion or other
papers regarding an application for post-conviction relief an
attorney or unrepresented party is certifying that to the best of
the person's knowledge, information, and belief, formed after an
inquiry reasonable under the circumstances:
1. It is not being presented for any improper purpose, such as
to harass or to cause unnecessary delay or needless increase in the
cost of litigation;
2. The claims and other legal contentions therein are warranted
by existing law or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the establishment of
new law; and
3. The allegations and other factual contentions have
evidentiary support or, if specifically so identified, are likely to
have evidentiary support after a reasonable opportunity for further
investigation or discovery.
B. If, after notice and a reasonable opportunity to respond,
the Court of Criminal Appeals determines that this section has been
violated, the court may impose an appropriate sanction upon the
attorneys, law firms, or parties that have violated this section.
The Court of Criminal Appeals may adopt and publish rules to
implement this section.
Status: in_force · Read it on the official government site
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