Can a post-trial motion extend the Oklahoma appeal deadline?

Yes, but only if filed within 10 days after the judgment is filed, or mailed if the judgment was taken under advisement. A motion for new trial, judgment notwithstanding the verdict, or to correct, open, modify, vacate, or reconsider the judgment, other than one filed solely for costs, post-judgment interest, or attorney's fees, filed within that window stops the appeal clock until the motion is disposed of, after which the unsuccessful party has 30 days from the filing of the order disposing of it. The same motion filed more than 10 days after the judgment does not extend the deadline at all (12 O.S. Section 990.2(A)-(B); Okla. Sup. Ct. R. 1.22(c), (e)).

Can an Oklahoma court extend the 30-day appeal deadline?

No. Oklahoma Supreme Court Rule 1.21(a) states that the interval allowed for filing a petition in error may not be extended by either the district court or the Supreme Court. A petition filed too early can be cured by a supplemental petition, or a dismissed premature appeal refiled within 30 days after mailed notice of the dismissal, but neither of those extends the original 30 days (12 O.S. Section 990A(F)).

Where do I file an Oklahoma notice of appeal?

With the Clerk of the Supreme Court of Oklahoma, not the trial court clerk, along with fourteen copies (Okla. Sup. Ct. R. 1.23(a)(1)). A copy must also be filed in the trial court and mailed to every other party within the same 30-day period; that mailing is what constitutes notice of appeal (Okla. Sup. Ct. R. 1.23(c)).

Is there a mandatory form for an Oklahoma notice of appeal?

Yes. Oklahoma Supreme Court Rule 1.301, Form No. 5 sets the mandatory form for the petition in error, and the rule states that the form of the petition in error shall comply with it. That official form controls the notice's content, including its required exhibits (Okla. Sup. Ct. R. 1.25(a)).

Does filing an Oklahoma notice of appeal stop the other side from collecting the judgment?

No, not by itself. Filing the petition in error does not stay enforcement. A stay requires a written undertaking and a supersedeas bond or other security filed with the trial court clerk. For a money judgment the bond is generally double the judgment amount unless the bond is executed or guaranteed by an authorized surety, subject to a $25,000,000 cap (12 O.S. Section 990.4).

How much does it cost to file an Oklahoma notice of appeal?

A $200 cost deposit paid to the Clerk of the Supreme Court at the time of filing (20 O.S. Section 15; confirm the current fee with the clerk). The deposit, or a properly executed pauper's affidavit in its place, must be received by the Clerk of the Supreme Court within the same 30-day period for the petition in error to be considered timely (Okla. Sup. Ct. R. 1.23).

Is an Oklahoma small claims appeal a new trial?

No. A small-claims judgment is appealed to the Supreme Court in the same manner as any other civil action, on the same Form No. 5, the same $200 deposit, and the same 30-day clock from when the judgment is filed with the trial court, not a fresh trial in the district court (12 O.S. Section 1763).

Oklahoma Notice of Appeal

Q: How long do I have to file a notice of appeal in Oklahoma?

Generally 30 days. Oklahoma's petition in error, which functions as the notice of appeal, must be filed within 30 days after the judgment, decree, or appealable order is filed with the clerk of the trial court, not when it is served or announced (12 O.S. Section 990A(A)).

Q: Does the Oklahoma appeal deadline run from when the judgment is served?

Generally no. The 30 days runs from the date the judgment is filed with the trial court clerk. It runs from service only where the appellant did not prepare the judgment and the record does not show service within 3 days of filing, excluding weekends and holidays,, in which case the 30 days runs from the earliest date the record shows service (12 O.S. Section 990A(A)).

Oklahoma's appeal is commenced by filing a petition in error with the Clerk of the Supreme Court, not the trial court, and the thirty-day clock cannot be extended by either court.

Find out where you stand in Oklahoma

Where are you in the appeal?

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Introduction

In Oklahoma, a party appealing a final civil judgment must file a petition in error, which functions as the notice of appeal, within 30 days after the judgment, decree, or appealable order is filed with the clerk of the trial, or district, court, not the date it is served or the date the decision is announced (12 O.S. Section 990A(A)). If the appellant did not prepare the judgment and the record does not show service within 3 days of filing, excluding weekends and holidays,, the 30 days instead runs from the earliest date the record shows service on the appellant. A motion for new trial, judgment notwithstanding the verdict, or to correct, open, modify, vacate, or reconsider the judgment, other than one filed solely for costs, post-judgment interest, or attorney's fees, filed within 10 days after the judgment is filed, or mailed if the judgment was taken under advisement, stops the appeal clock entirely until the motion is disposed of; the same motion filed more than 10 days after the judgment does not extend the deadline at all (12 O.S. Section 990.2(A)-(B); Okla. Sup. Ct. R. 1.22(c), (e)). Outside that tolling window, the 30 days cannot be extended by either the district court or the Supreme Court (Okla. Sup. Ct. R. 1.21(a)). Unlike most states, the petition in error is filed directly with the Clerk of the Supreme Court of Oklahoma, not the trial court, on the mandatory Form No. 5 (Okla. Sup. Ct. R. 1.301). Filing does not by itself stop the other side from collecting on the judgment; a stay requires a written undertaking and a supersedeas bond or other security. This page covers a civil appeal from a district court judgment. Criminal, administrative-agency, federal-court, and interlocutory appeals follow different procedures and are not covered here. Attorney review is available before you file.

Key Things to Know

1
The petition in error, which serves as the notice of appeal, is due 30 days after the judgment, decree, or appealable order is filed with the clerk of the trial, or district, court, generally not when it is served or announced (12 O.S. Section 990A(A)). If the appellant did not prepare the judgment and the record does not show service within 3 days of filing, excluding weekends and holidays,, the 30 days runs instead from the earliest date the record shows service. A motion for new trial, judgment notwithstanding the verdict, or to correct, open, modify, vacate, or reconsider the judgment, other than one filed solely for costs, post-judgment interest, or attorney's fees, filed within 10 days after the judgment is filed, or mailed if the judgment was taken under advisement, stops the clock entirely until the motion is disposed of, after which the unsuccessful party has 30 days from the filing of the order disposing of it (12 O.S. Section 990.2(A); Okla. Sup. Ct. R. 1.22(c)). The same motion filed more than 10 days after the judgment does not extend the deadline at all (12 O.S. Section 990.2(B); Okla. Sup. Ct. R. 1.22(e)).
2
The 30-day period cannot be extended by either the district court or the Supreme Court (Okla. Sup. Ct. R. 1.21(a)). Separately, 12 O.S. Section 990A(F) lets a petition in error filed too early be cured by a supplemental petition once the appeal time accrues, or lets a dismissed premature appeal be refiled within 30 days after mailed notice of the dismissal, but neither of those is an extension of the original 30 days.
3
File the petition in error, with fourteen copies, directly with the Clerk of the Supreme Court of Oklahoma, not the trial court clerk (Okla. Sup. Ct. R. 1.23(a)(1)). A copy must also be filed in the trial court and mailed to every other party or their counsel within the same 30-day period; that mailing itself constitutes notice of appeal, and no further notice is required (Okla. Sup. Ct. R. 1.23(c)).
4
The Supreme Court of Oklahoma holds appellate jurisdiction over the appeal and typically assigns civil appeals to the intermediate Court of Civil Appeals for decision (20 O.S. Section 30.1).
5
Oklahoma Supreme Court Rule 1.301, Form No. 5 sets the mandatory form for the petition in error: the rule states that the form of the petition in error shall comply with Rule 1.301 Form No. 5. It requires a caption matching the trial court judgment with each party labeled by trial-court role plus appellate role, such as Plaintiff/Appellant, timeliness recitals, a listing of prior or related appeals, a record election, and three exhibits: a certified copy of the judgment, a one-page case summary, and the issues proposed to be raised (Okla. Sup. Ct. R. 1.25(a)).
6
Filing requires a $200 cost deposit paid to the Clerk of the Supreme Court at the time the petition in error is filed (20 O.S. Section 15; confirm the current fee with the clerk). The deposit, or a properly executed pauper's affidavit in its place, must be received by the Clerk of the Supreme Court within the same 30-day period for the petition in error to be considered timely (Okla. Sup. Ct. R. 1.23).
7
A small-claims judgment is appealed the same way as any other civil judgment, to the Supreme Court on the same Form No. 5, the same $200 deposit, and the same 30-day clock, not a new trial in the district court (12 O.S. Section 1763). Filing the petition in error does not by itself stop collection of the judgment; a stay requires a written undertaking and a supersedeas bond or other security filed with the trial court clerk. For a money judgment the bond is generally double the judgment amount unless it is executed or guaranteed by an authorized surety, subject to a $25,000,000 cap (12 O.S. Section 990.4).

Key decisions before you file

Before you file a Notice of Appeal in Oklahoma, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.

Open the Notice of Appeal guide

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NOTE: Oklahoma Supreme Court Rule 1.301, Form No. 5 is the mandatory official form for a petition in error, which functions as the notice of appeal. The court's form controls; file on it. This is a working draft of information for that form, not a substitute for it.

IN THE SUPREME COURT OF THE STATE OF OKLAHOMA

[APPELLANT NAME], Plaintiff/Appellant [OR Defendant/Appellant],

[APPELLEE NAME], Defendant/Appellee [OR Plaintiff/Appellee].

Supreme Court Case No. [CASE NUMBER, IF ASSIGNED] District Court of [COUNTY] County, Case No. [TRIAL COURT CASE NUMBER] Trial Judge: [NAME OF TRIAL JUDGE]

DRAFT INFORMATION FOR PETITION IN ERROR (OFFICIAL FORM NO. 5)

Appellant appeals to the Supreme Court of the State of Oklahoma from the [FINAL JUDGMENT, DECREE, OR APPEALABLE ORDER, AND THE NATURE OF THE CASE] entered by the District Court of [COUNTY] County on [DATE JUDGMENT WAS FILED WITH THE TRIAL COURT CLERK]. [STATE WHAT THE APPEAL IS BROUGHT FROM AND ITS STATUTORY BASIS.]

TIMELINESS

The judgment, decree, or order appealed from was filed with the clerk of the trial court on [DATE FILED]. Appellant [DID OR DID NOT] prepare the judgment. [IF APPLICABLE: A certificate of service on Appellant was filed on [DATE].] [IF APPLICABLE: A motion for [NEW TRIAL, JUDGMENT NOTWITHSTANDING THE VERDICT, OR TO CORRECT, OPEN, MODIFY, VACATE, OR RECONSIDER THE JUDGMENT] was filed on [DATE], within 10 days after the judgment was filed [OR MAILED, IF TAKEN UNDER ADVISEMENT], and was disposed of by order filed on [DATE].] This petition in error is filed within thirty days after [DATE JUDGMENT FILED, DATE ORDER ON TIMELY POST-TRIAL MOTION FILED, OR EARLIEST RECORDED SERVICE ON APPELLANT, WHICHEVER APPLIES], as 12 O.S. Section 990A(A) or, after a timely post-trial motion, 12 O.S. Section 990.2(A) requires. The judgment, decree, or order appealed from [DOES OR DOES NOT] dispose of all claims and all parties.

PRIOR OR RELATED APPEALS

[NAME ANY PRIOR OR RELATED APPEAL BETWEEN THE SAME PARTIES OR INVOLVING THE SAME ISSUES, OR NOTE THAT NONE EXISTS.]

SETTLEMENT CONFERENCE

Appellant [IS OR IS NOT] willing to participate in a settlement or predecisional conference.

RECORD ON APPEAL

Appellant elects to proceed on [TRANSCRIPT ORDERED FROM THE COURT REPORTER, NO TRANSCRIPT NEEDED, A NARRATIVE STATEMENT, OR THE RECORD FILED CONCURRENTLY UNDER RULE 1.34 OR 1.36]. A copy of Appellant's designation of record is filed with this petition.

EXHIBITS

Exhibit A: a certified copy of the judgment, decree, or order appealed from. [IF APPLICABLE: Also attached is the order disposing of the post-trial motion described above.] Exhibit B: a one-page summary of the case. Exhibit C: the specific issues or points of error Appellant proposes to raise.

Appellant understands that filing this petition in error does not by itself stop enforcement of the judgment, and that a stay requires a written undertaking and a supersedeas bond or other security filed with the trial court clerk under 12 O.S. Section 990.4.

Respectfully submitted,

[VERIFIED SIGNATURE OF ATTORNEY OR PRO SE PARTY] [NAME OF PARTY OR ATTORNEY] OBA No. [OKLAHOMA BAR ASSOCIATION NUMBER, IF AN ATTORNEY] [FIRM NAME, IF ANY] [ADDRESS] [CITY, STATE, ZIP] [PHONE] [EMAIL] Attorney for Appellant [OR Appellant, Pro Se]

COUNSEL FOR APPELLEE [OR APPELLEE, PRO SE] [NAME] OBA No. [OKLAHOMA BAR ASSOCIATION NUMBER, IF AN ATTORNEY] [FIRM NAME, IF ANY] [ADDRESS] [CITY, STATE, ZIP] [PHONE] [EMAIL]

CERTIFICATE OF MAILING

I certify that on [DATE OF MAILING], a true copy of the Petition in Error was mailed to [NAME OF EACH OTHER PARTY OR COUNSEL OF RECORD] at [ADDRESS], and that a copy was filed with the Clerk of the District Court of [COUNTY] County, as Oklahoma Supreme Court Rule 1.23(c) requires. This mailing constitutes notice of appeal to each party named above.

[SIGNATURE] [NAME]

Oklahoma Requirements for Notice of Appeal

30-Day Deadline Runs From Filing, Not Service
The petition in error must be filed within 30 days after the judgment, decree, or appealable order is filed with the clerk of the trial court, not the date it is served or announced, unless the appellant did not prepare the judgment and service is not shown within 3 days of filing, excluding weekends and holidays,, in which case the 30 days runs from the earliest date the record shows service (12 O.S. Section 990A(A)).
10-Day Window for a Tolling Post-Trial Motion
A motion for new trial, judgment notwithstanding the verdict, or to correct, open, modify, vacate, or reconsider the judgment, other than one filed solely for costs, post-judgment interest, or attorney's fees, filed within 10 days after the judgment is filed, or mailed if the judgment was taken under advisement, stops the appeal clock until the motion is disposed of; the same motion filed later does not extend the deadline (12 O.S. Section 990.2(A)-(B)).
Deadline Not Extendable by Either Court
The 30-day period for filing the petition in error may not be extended by either the district court or the Supreme Court (Okla. Sup. Ct. R. 1.21(a)).
Filed With the Clerk of the Supreme Court
The petition in error, with fourteen copies, is filed directly with the Clerk of the Supreme Court of Oklahoma, not the trial court clerk, within the 30-day period (Okla. Sup. Ct. R. 1.23(a)(1)).
Mailing a Copy Constitutes Notice of Appeal
A copy of the petition in error must be filed in the trial court and mailed to every other party or their counsel within the same 30-day period; that mailing itself constitutes notice of appeal, and no further notice is required (Okla. Sup. Ct. R. 1.23(c)).
Form No. 5 Is Mandatory
Oklahoma Supreme Court Rule 1.301, Form No. 5 sets the mandatory form for the petition in error, including the matching trial-court-and-appellate-role caption, timeliness recitals, prior-appeal disclosures, and record election (Okla. Sup. Ct. R. 1.25(a)).
Three Required Exhibits
The petition in error must attach Exhibit A, a certified copy of the judgment or order appealed from, Exhibit B, a one-page summary of the case, and Exhibit C, the specific issues or points of error proposed to be raised (Okla. Sup. Ct. R. 1.301, Form No. 5).
$200 Cost Deposit Due at Filing
A $200 cost deposit is due to the Clerk of the Supreme Court at the time the petition in error is filed (20 O.S. Section 15; confirm the current fee with the clerk). The deposit, or a properly executed pauper's affidavit, must be received by the Clerk of the Supreme Court within the same 30-day period for the petition to be timely (Okla. Sup. Ct. R. 1.23).
Small Claims Appeals Follow the Same Process
A small-claims judgment is appealed to the Supreme Court in the same manner as any other civil action, on the same Form No. 5, the same $200 deposit, and the same 30-day clock, not a new trial in the district court (12 O.S. Section 1763).

Find out where you stand in Oklahoma

Introduction

Key Things to Know

Key decisions before you file

Customize your Notice of Appeal Template with DocDraft

Oklahoma Requirements for Notice of Appeal

30-Day Deadline Runs From Filing, Not Service

10-Day Window for a Tolling Post-Trial Motion

Deadline Not Extendable by Either Court

Filed With the Clerk of the Supreme Court

Mailing a Copy Constitutes Notice of Appeal

Form No. 5 Is Mandatory

Three Required Exhibits

$200 Cost Deposit Due at Filing

Small Claims Appeals Follow the Same Process

Frequently Asked Questions