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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 12. CIVIL PROCEDURE

  § 12-993. Appeals from certain orders.  

Latest version.

  • A.  When an order:

    1.  Discharges, vacates, or modifies or refuses to discharge, vacate, or modify an attachment;

    2.  Denies a temporary or permanent injunction, grants a temporary or permanent injunction except where granted at an ex parte hearing, or discharges, vacates, or modifies or refuses to discharge, vacate, or modify a temporary or permanent injunction;

    3.  Discharges, vacates, or modifies or refuses to discharge, vacate, or modify a provisional remedy which affects the substantial rights of a party;

    4.  Appoints a receiver except where the receiver was appointed at an ex parte hearing, refuses to appoint a receiver, or vacates or refuses to vacate the appointment of a receiver;

    5.  Directs the payment of money pendente lite except where granted at an ex parte hearing, refuses to direct the payment of money pendente lite, or vacates or refuses to vacate an order directing the payment of money pendente lite;

    6.  Certifies or refuses to certify an action to be maintained as a class action;

    7.  Denies a motion in a class action asserting lack of jurisdiction because an agency of this state has exclusive or primary jurisdiction of the action or a part of the action, or asserting that a party has failed to exhaust administrative remedies, but only if the class is subsequently certified and only as part of the appeal of the order certifying the class action; or

    8.  Grants a new trial or opens or vacates a judgment or order, the party aggrieved thereby may appeal the order to the Supreme Court without awaiting the final determination in said cause, by filing the petition in error and the record on appeal with the Supreme Court within thirty (30) days after the order prepared in conformance with Section 696.3 of this title, is filed with the court clerk.  If the appellant did not prepare the order, and Section 696.2 of this title required a copy of the order to be mailed to the appellant, and the court records do not reflect the mailing of a copy of the order to the appellant within three (3) days, exclusive of weekends and holidays, after the filing of the order, the petition in error may be filed within thirty (30) days after the earliest date on which the court records show that a copy of the order was mailed to the appellant.  The Supreme Court may extend the time for filing the record upon good cause shown.

    B.  If the order discharges or modifies an attachment or temporary injunction and it becomes operative, the undertaking given upon the allowance of an attachment or temporary injunction shall stay the enforcement of said order and remain in full force until final order of discharge shall take effect.

    C.  If a receiver shall be or has been appointed, upon the appellant filing an appeal bond, with sufficient sureties, in such sum as may have been required of the receiver by the court or a judge thereof, conditioned for the due prosecution of the appeal and the payment of all costs or damages that may accrue to the state or any officer or person by reason thereof, the authority of the receiver shall be suspended until the final determination of the appeal, and if the receiver has taken possession of any property, real or personal, it shall be returned and surrendered to the appellant upon the filing and approval of the bonds.

Added by Laws 1970, c. 289, § 1, eff. July 1, 1970.  Amended by Laws 1978, c. 245, § 8, eff. July 1, 1978; Laws 1984, c. 40, § 1, eff. Nov. 1, 1984; Laws 1990, c. 251, § 14, eff. Jan. 1, 1991; Laws 1991, c. 251, § 17, eff. June 1, 1991; Laws 1993, c. 351, § 22, eff. Oct. 1, 1993; Laws 1996, c. 61, § 1, eff. Nov. 1, 1996; Laws 1997, c. 102, § 8, eff. May 1, 1997; Laws 2013, 1st Ex.Sess., c. 10, § 2, emerg. eff. Sept. 10, 2013; Laws 2013, 1st Ex.Sess., c. 10, § 3, emerg. eff. Sept. 10, 2013; Laws 2013, 1st Ex.Sess., c. 23, § 2, emerg. eff. Sept. 10, 2013; Laws 2013, 1st Ex.Sess., c. 23, § 3, emerg. eff. Sept. 10, 2013.

Note

NOTE:  Laws 2013, 1st Ex.Sess., c. 10, § 3 and Laws 2013, 1st Ex.Sess., c. 23, § 3 made identical amendments.

NOTE:  Laws 2009, c. 228, § 9 was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013) and repealed by Laws 2013, 1st Ex.Sess., c. 10, § 1, emerg. eff. Sept. 10, 2013 and Laws 2013, 1st Ex.Sess., c. 23, § 1, emerg. eff. Sept. 10, 2013.