The Supreme Court of the State of Oklahoma


Disposition of cases pending before the Supreme Court


The Supreme Court operates very differently from a trial court. There is no jury and, except on very rare occasions, no testimony from witnesses. The Court receives the record of the trial (transcript), and any court papers filed in the case (record), and the written arguments (briefs) of the lawyers. The Supreme Court has total discretion in deciding which cases it will hear. Cases which are not directed to the Court of Civil Appeals for decision are assigned on a rotating basis to an individual Justice by the Chief Justice. If the Chief Justice is disqualified, the assignment is made by the Vice Chief Justice. Cases coming to the Court from the Court of Civil Appeals on certiorari are assigned during Monday Conferences, also on a rotating basis. A petition for certiorari must contain the Court of Civil Appeals' opinion deciding the issues presented. The opinion is reviewed by a Referee and the petition for certiorari, the response to the petition, the reply, and a memorandum with a recommendation are submitted to an individual Justice for review. The assigned Justice makes a recommendation to the Court. The granting or denial of a petition for certiorari is discretionary. If a petition is denied, the Court of Civil Appeals' opinion becomes the final judgment and the law of that case. If a petition for certiorari is granted, the case is assigned to a Justice to write an opinion.

Once a case is assigned to an individual Justice, the Justice and the Justice's legal staff independently research the issues presented. A proposed opinion is presented to each of the other eight Justices, and the opinion is considered in one of two regularly scheduled weekly Conferences. All members of the Court assemble twice weekly, on Monday and Thursday mornings, in the Supreme Court Conference Room. These regularly scheduled private meetings are generally referred to as "Conferences", which are not subject to the Open Meetings Law. On Mondays, the Court considers petitions for certiorari, bar disciplinary matters, and applications for extraordinary relief (often referred to as original jurisdiction matters). On Thursdays, the Court considers proposed opinions drafted by individual Justices. The Justices have approximately a week to study the matters considered in Monday and Thursday Conferences. Tuesdays and Wednesdays are "circulation days" on the Court. On Tuesdays, matters for next week's Monday Conference are distributed to each Justice. Matters for Thursday Conferences are given to each Justice on Wednesday before Thursday Conferences the next week. During Conference, as each case is called and discussed, each Justice casts a vote on that case.

Under art. 7, §5 of the Oklahoma Constitution, the concurrence of the majority of the Justices is necessary to decide any question. Because the Oklahoma Supreme Court is composed of nine members, an opinion must receive at least five votes. If the Court's opinion is not unanimous, other Justices may write dissenting opinions. Even if a Justice agrees with the result reached by the majority opinion, the Justice may author a concurring, concurring specially, concurring-in-result, or concurring-in-judgment opinion stating the reasons why the law as stated by the majority opinion is correct in the cause presented. If a Justice agrees with the law expressed in an opinion, the vote is to concur. If the Justice disagrees with the law as expressed or applied in an opinion, the vote is a dissent. Concurring and concurring specially votes are treated as a full concurrence and may be counted in obtaining a majority vote. Concurring-in-result and concurring-in-judgment votes may not be counted as votes to form a majority opinion.

Any opinion issued by the Court is a product of many hours of in-depth, detailed study and research. These opinions and orders are handed down each Tuesday. Copies are mailed to the attorneys. Parties dissatisfied with the Court's opinion may file a petition for rehearing requesting the Court to take a second look at the law or the reasoning used in support of the result reached. Once an opinion has been issued, copies are available to the general public in the office of the Court Clerk. After an opinion is adopted, it becomes legal precedent, and guides lawyers, litigants, and judges in future cases.

When an issue is particularly novel or of great importance, the Court may order the parties to appear for oral argument. Generally, each side will be given 30 minutes to present its case. This time may be divided between the original argument and rebuttal. Later, at a private conference, the Justices discuss the arguments presented, and the Justice originally assigned the case will author a proposed opinion. This proposed opinion, like all others, is considered by all nine Justices and voted upon in Conference.

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