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Bill > SB830


OK SB830

OK SB830
Court of Civil Appeals; modifying authority for review of certain decisions; directing assignment of certain appeals. Effective date.


summary

Introduced
02/03/2025
In Committee
02/04/2025
Crossed Over
Passed
Dead

Introduced Session

2025 Regular Session

Bill Summary

An Act relating to the Court of Civil Appeals; amending 20 O.S. 2021, Section 30.1, which relates to jurisdiction and certiorari; modifying authority for review of certain decisions; directing assignment of certain appeals; providing exception; limiting certain discretion; construing provisions; prohibiting recall of certain assigned cases; granting certain rights to parties; providing for certain waiver; and providing an effective date.

AI Summary

This bill modifies the jurisdiction and review processes for Oklahoma's Court of Civil Appeals by establishing several key changes: First, the bill mandates that the Supreme Court must assign all district court appeals (except criminal cases) to the Court of Civil Appeals, removing the Supreme Court's previous discretion in case assignment. The Court of Civil Appeals will now have the power to determine cases that are properly before it, with its decisions being final and generally not appealable to the Supreme Court. However, the Supreme Court can review a Court of Civil Appeals decision only by granting a writ of certiorari, which requires a majority vote of the Supreme Court's Justices. When the Supreme Court reviews a case via certiorari, the bill ensures that each party has the right to submit a brief and present oral arguments, unless all parties mutually waive these rights. The bill also clarifies that the Court of Civil Appeals can issue various judicial writs (such as habeas corpus and mandamus) in cases properly before it. These changes aim to streamline the appellate process and provide more structured guidelines for case review. The bill will become effective on November 1, 2025.

Committee Categories

Justice

Sponsors (1)

Last Action

Second Reading referred to Judiciary (on 02/04/2025)

bill text


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