Filing a Case / Court Procedure
Local District Court Rules
Cite as:
COURT RULES
Ninth Judicial District of Oklahoma
Payne and Logan Counties
Effective October 20, 2009
COURT RULES
NINTH JUDICIAL DISTRICT OF OKLAHOMA
Rule 4. Cover Sheets and Pleadings:
Rule 5. Pleadings Sent by Mail:
Rule 6. Service of Process and Pleadings:
Rule 10. Notification of Dismissal or Settlement:
Rule 11. Ex Parte Communications:
Rule 12. Temporary Restraining Orders:
Rule 15. Objections to Deposition Testimony:
Rule 17. Motions for Continuance:
Rule 23. Photographing, Recording, Broadcasting and Televising Judicial Proceedings:
Rule 24. Withdrawal of Counsel in a Civil Case:
Rule 25. Final Journal Entries, Orders and Decrees:
Rule 28. Withdrawal of Counsel in a Criminal Case:
Rule 29. Notification of Entry of Appearance of Private Counsel:
OFFICIAL COURT RULES OF THE NINTH JUDICIAL DISTRICT OF OKLAHOMA COMPRISED OF PAYNE AND LOGAN COUNTIES
Rule 1.
Scope of Rules:
These rules for the Ninth Judicial District are in addition to and in all particulars are subject to the Rules for District Courts promulgated by the Supreme Court of the State of Oklahoma, Title 12 O.S. Chapter 2, appendix.
All previous rules of this court in conflict with these rules are repealed.
Rule 2.
Hours of Operation:
Regular hours of operation are from 8:00 o’clock a.m. to 5:00 o’clock p.m. in Payne County and from 8:00 o’clock a.m. to 4:30 o’clock p.m. in Logan County. These hours may be changed by the assigned judge in any trial or proceeding.
Rule 3.
Court Files:
No person, other than an employee of the Court Clerk, an employee of the district court, or a licensed abstracter who maintains an office in the county, shall be allowed to remove a file from the office of the Court Clerk, judge’s chambers or a courtroom absent a written court order authorizing such removal. Files shall be returned within forty-eight (48) hours, unless otherwise authorized by a judge or the Court Clerk. No papers shall be inserted or removed from the file folders except by authority from a judge or the Court Clerk.
Rule 4.
Cover Sheets and Pleadings:
A completed Cover Sheet shall be included with the initial pleading filed in all cases, except traffic cases.
If a case is refiled after previous dismissal this information shall be disclosed on the Cover Sheet and to the Court Clerk at the time of refiling.
An attorney shall include his or her bar association number, name, address and phone number on all pleadings and on decrees, orders and journal entries approved by counsel. The name of the attorney actually signing any pleading or dismissal must be legibly printed thereon. Copies of all pleadings filed subsequent to the petition shall be mailed or hand delivered to the assigned judge.
Rule 5.
Pleadings Sent by Mail:
If pleadings or other documents are mailed for filing, the Court Clerk will not return stamped copies unless copies are provided and a self-addressed envelope large enough to accommodate the mailing with sufficient postage attached is enclosed.
Rule 6.
Service of Process and Pleadings
:
After summons is issued and service effected, the original shall be returned and filed in the case. In those cases where the Court has issued extraordinary proceedings requiring personal notice, the original order shall be filed with the Court Clerk after its issuance and certified copies thereof shall be used for service on the parties.
Rule 7.
Assignment of Cases:
Assignment of civil cases, felony cases and domestic cases shall be made by random computer function except for those cases required by statute or court rule to be assigned to specific judges or court divisions.
Subject to the provisions of the foregoing paragraph the District Judge shall have primary docket and case assignment responsibility and control.
Any case assigned to a particular judge and thereafter dismissed without prejudice, if refiled, shall be assigned to the same judge before whom it was pending when it was dismissed.
Rule 8.
Motion Dockets:
A party or counsel presenting a motion or other pre-trial pleading requiring hearing before the court shall obtain a date for hearing from the Court Clerk.
Special hearing dates may be set by the judge to whom a case has been assigned.
If a motion is not presented for hearing when called, the Court may dismiss, continue or rule upon it. Motions not contested may be disposed of by announcement, without necessity of counsel appearing. Counsel is responsible for notifying the Court if the motion will not be presented.
When a motion is ruled upon, counsel for the prevailing party shall within ten days thereafter present a journal entry of the ruling to counsel for the adverse parties, and if it is approved by all the attorneys, it shall be presented to the Court for signature. If counsel are unable to agree upon the journal entry, the prevailing party shall present the matter for settlement to the Court.
Rule 9.
Default Judgments:
A motion for default judgment must be filed in cases in which a party has entered an appearance and notice of the hearing thereon shall be mailed to opposing counsel or to pro se litigants.
A motion for default judgment need not be filed in cases in which a party neither appears nor pleads. Unless prior approval from the assigned judge has been obtained, only licensed attorneys or legal interns with knowledge of the case may present the case for decision. Default judgments will not be entered upon a request and proposed journal entry of judgment received by mail.
Rule 10.
Notification of Dismissal or Settlement:
Counsel or parties shall promptly notify the assigned judge of all dismissals and settlements.
Rule 11.
Ex Parte Communications:
Communication with the assigned judge regarding scheduling and procedural matters is permitted. No ex parte communication is permitted with the assigned judge concerning the substance of a pending case.
Rule 12.
Temporary Restraining Orders:
A Temporary Restraining Order sought in a suit for injunction relief must be presented to the assigned judge for consideration.
No ex parte restraining order will be issued unless counsel has attached a verification that the defendant is not represented by counsel or that counsel has been given notice of the time of presentation of the application.
Rule 13.
Change of Name:
All applicants for name change shall present evidence at the hearing of compliance with the publication notice requirements of Title 12 O.S. 1633.
Applicants for name change of a minor must show that notice of the application and of the date of the hearing has been given to a guardian, if appointed, to the parents or to the non-custodial parent if the custodial parent is the applicant.
Rule 14.
Friendly Suits:
The court clerk will set friendly suits on the Civil Motion Docket of the assigned judge. Money recovered by a next friend or guardian ad litem of a minor in an amount in excess of $1,000.00 shall be deposited in accordance with Title 12 O.S. 83. The person depositing the judgment proceeds shall file a receipt from the depository institution and shall deliver a file stamped copy to the judge.
Rule 15.
Objections to Deposition Testimony:
Objections to deposition testimony intended to be introduced at trial and which cannot be resolved by counsel, shall be presented to the trial judge for a ruling at least ten (10) days prior to trial. Objections not presented for ruling accordingly are waived and the deposition may be read or viewed in its entirety at trial. The trial judge, in the exercise of sound discretion, may waive this requirement.
Rule 16.
Disposition Dockets:
A judge may conduct a docket covering cases pending in the court over which he or she has primary responsibility that appear at issue and which are ready or should be ready for trial. The clerk shall notify the attorneys of record and pro se parties of the date the docket will be heard. The cases will be assigned to pretrial conference or other disposition at the hearing of the docket. Failure of a party or counsel to appear or convey to the court a request for disposition of a case may result in a dismissal or granting of default judgment in accord with the notice given of the docket hearing.
Rule 17.
Motions for Continuance:
All motions for continuance of a pretrial, trial or evidentiary hearing must be signed by the party on whose behalf the motion is made, and must contain a certificate of the movant’s attorney that the client has knowledge of the motion.
Rule 18.
Exhibits:
No exhibit offered or admitted into evidence shall be removed from the courtroom or from the court reporter without permission of the judge of the case, and when permission is granted, a written receipt shall be obtained from the person receiving possession.
Only two dimensional exhibits, 8 ½ by 14 inches or smaller, videotapes, and audiotapes admitted into evidence will be retained by the court reporter following trial. Counsel shall substitute a copy of any oversized exhibits meeting these size restrictions. Other exhibits, shall be withdrawn from the record at the conclusion of the trail and retained by the party presenting them at trial.
In criminal cases exhibits shall be governed by the Rules of the Court of Criminal Appeals of the State of Oklahoma.
Rule 19.
Jury Terms:
The District Judge shall be responsible for calling a jury panel and shall determine those jurors entitled to exemption or excuse from service.
Jury term duration and rules of service shall be fixed by the District Judge.
Rule 20.
Use of Courtrooms:
Courtrooms shall be used only for Court business unless permission is obtained from the Judge whose Courtroom is requested for another purpose.
Rule 21.
Courtroom Conduct:
The conduct of attorneys in the courtroom should reflect dignity and respect. Attorneys should without fail:
1. Be punctual;
2. Be brief;
3. Address arguments to the Court and not to opposing counsel;
4. Stand when speaking to or when addressed by the Court;
5. Speak distinctly so the Court, witness andcourt reporter can hear what is said;
6. Refrain from approaching the bench untilpermission is obtained from the court or unless invited by the court to do so;
7. Refrain from sitting on counsel tables, the bar or chair arms;
8. Refrain from bringing food or beverages into the courtroom;
9 Refrain from reading newspapers in the courtroom;
10. Refrain from conferring with clients or otherattorneys when Court is in session;
11. Deactivate cellular phones and pagers beforeentering the courtroom.
Rule 22.
Courtroom Attire:
Attorneys shall appear in Court in appropriate attire. Men shall wear coats and ties and women shall dress comparably and in good taste.
Rule 23.
Photographing, Recording, Broadcasting and Televising Judicial Proceedings:
Except as expressly permitted by the case judge, the use of cameras, television and other recording or broadcasting equipment are prohibited in courtrooms.
Notwithstanding this rule, the District Judge or an individual Judge may promulgate specific rules governing the use of cameras, television, recording and broadcasting equipment to remain in force and effect for any specific proceeding or case.
Rule 24.
Withdrawal of Counsel in a Civil Case:
An Application to Withdraw as counsel in a civil case must contain the grounds for withdrawal, the status of the case, whether new counsel has been obtained by the client and a certificate of mailing to the client showing last known mailing address and to all other attorneys of record in the case.
No Application to Withdraw will be considered unless submitted to the assigned judge no later than 20 days before the date on which a hearing or trial is scheduled. The Order Allowing Withdrawal must contain a statement of the case’s current status, including when hearings, if any, have been scheduled and a certificate of mailing to the client showing last known mailing address and to all other attorneys of record in the case.
Rule 25.
Final Journal Entries, Orders and Decrees:
Every journal entry, order, decree or other judgment concluding a case shall contain the full style of the case naming all parties. Every journal entry, order, decree or other
judgmentpresented to the Court for signature shall contain the approval as to form bythe attorneys for each of the parties unless waived by the Judge.
Rule 26.
Domestic Cases:
All Domestic cases, including Habeas Corpus actions seeking custody of minor children, DHS, and Paternity cases, shall be assigned at the time of filing to one of the Domestic Judges by random computer function.
The Court Clerk shall keep a record of all case assignments and show the name of the assigned Judge on the court file, the appearance docket, and computer records.
The assigned judge will handle the case from filing through post-decree matters. The scheduling of hearing in a case will be determined by the assigned Judge, except that emergency and temporary orders may be entered by another judge with a show cause hearing set on the docket of the assigned judge.
All applications for post-decree relief in domestic cases including motions to modify and citations for contempt, shall be verified and presented to the Judge to whom the case is assigned. No briefs are necessary unless required by the assigned judge.
Rule 27.
Felony Cases:
Assignment of felony cases shall be made by random computer function to the District Judge or the Associate District Judge in each county.
If there is more than one pending felony case against a defendant the subsequent felony cases shall be assigned to the judge with the lowest pending felony case number.
Rule 28.
Withdrawal of Counsel in a Criminal Case:
No withdrawal of counsel will be allowed between arraignment and preliminary hearing except for good cause shown in writing submitted no later than twenty (20) days before preliminary hearing.
After bind over no application to withdraw as counsel for a defendant will be considered unless presented to the Court at least twenty (20) days before the date on which the case is set for trial.
Rule 29.
Notification of Entry of Appearance of Private Counsel:
If counsel accepts employment to represent a client who is or was represented by another attorney, including an Indigent Defender, written notice of such entry of appearance shall be given immediately to the Court, the Court Clerk and the District Attorney.
Theserules for the Ninth Judicial District of the State of Oklahoma are adopted andshall become effective this 20th day of October, 2009.
Donald L. Worthington, District Judge
Ninth Judicial District of Oklahoma
Citationizer® Summary of Documents Citing This Document
| Cite | Name | Level |
|---|
| None Found. |
| Cite | Name | Level |
|---|
| None Found. |