A. An appeal may be taken from a final judgment of the municipal court by the defendant by filing in the district court in the county where the situs of the municipal government is located, within ten (10) days from the date of the final judgment, a notice of appeal and by filing a copy of the notice with the municipal court. In case of an appeal, a trial de novo shall be had, and there shall be a right to a jury trial if the sentence imposed for the offense was a fine of more than Five Hundred Dollars ($500.00), plus costs, fees, and assessments. B. Upon conviction, at the request of the defendant, or upon notice of appeal being filed, the judge of the municipal court shall enter an order on the docket fixing an amount in which bond may be given by the defendant, in cash or sureties for cash in an amount of not less than One Hundred Dollars ($100.00) nor more than twice the amount of such fine. Bond shall be taken by the clerk of the court wherein judgment was rendered. Any pledge of sureties must be approved by a judge of the court. C. Upon appeal being filed the judge shall within ten (10) days thereafter certify to the clerk of the appellate court the original papers in the case. If the papers have not been certified to the appellate court, the prosecuting attorney shall take the necessary steps to have the papers certified to the appellate court within twenty (20) days of the filing of the notice of appeal, and failure to do so, except for good cause shown, shall be grounds for dismissal of the charge by the appellate court, the cost to be taxed to the municipality. The certificate shall state whether or not the municipal judge hearing the case was a licensed attorney in Oklahoma. D. All proceedings necessary to carry the judgment into effect shall be had in the appellate court. Added by Laws 1977, c. 256, § 27-129, eff. July 1, 1978. Amended by Laws 1980, c. 247, § 4, eff. Oct. 1, 1980; Laws 1982, c. 157, § 4; Laws 1983, c. 293, § 4, operative Oct. 1, 1983; Laws 1995, c. 61, § 2, eff. Nov. 1, 1995; Laws 1997, c. 251, § 9, eff. Nov. 1, 1997; Laws 2004, c. 363, § 1, eff. Nov. 1, 2004; Laws 2015, c. 2, § 1, eff. Nov. 1, 2015. NOTE: Laws 2004, c. 173, § 5 repealed by Laws 2005, c. 386, § 5, eff. Nov. 1, 2005.
Notes of Decisions
Dutton v. City of Midwest City, 2015 OK 51 (Okla. 2015).
“11 O.S.2011 § 27-129; A. An appeal may be taken from a final judgment of the municipal court by the defendant by filing in the district court in the county where the situs of the municipal government is located, within ten (10) days from the date of the final judgment, a notice…”
Valega v. City of Oklahoma City, 755 P.2d 118 (Okla. Crim. App. 1988).
· cites it 2× “The record reflects that appellant, as provided by 11 O.S.Supp.1983, § 27-129, timely appealed from the final judgment of the Municipal Court for a trial de novo in the District Court.”
Houghton v. City of Wewoka, 753 P.2d 933 (Okla. Crim. App. 1988).
· cites it 2× “See 11 O.S.1981, § 27-129. On January 23, 1986, appellant’s appeal bond was refunded, and he was advised that the municipal court judgment would stand because he failed to give notice of intent to appeal within ten (10) days.”
Dutton v. City of Midwest City, 2015 OK 51 (Okla. 2015).
· cites it 11× “" 15 11 O.S. 2011 § 27-129: A. An appeal may be taken from a final judgment of the municipal court by the defendant by filing in the district court in the county where the situs of the municipal government is located, within ten (10) days from the date of the final judgment, a…”
Brewer v. City of Seminole, 143 P.3d 228 (Okla. Civ. App. 2006).
“11 O.S.2001 § 27-129(A). While that appeal was pending, Plaintiffs filed this action.”
Bush v. State, 625 P.2d 633 (Okla. Crim. App. 1981).
“256, § 27-129, now 11 O.S.Supp.1980, § 27-129, and the district court affirmed the decision of the municipal court.”
Choctaw City of v. Edwards (W.D. Okla. 2021).
· cites it 2× “He filed a Notice of Appeal pursuant to Okla. Stat. tit. 11 § 27-129, appealing the finding of guilty.”
Depuy v. State, 629 P.2d 371 (Okla. Crim. App. 1981).
“Now amended as 11 O.S.Supp.1980, § 27-129(C).”
City of Oklahoma City v. Leonard, 763 P.2d 379 (Okla. Crim. App. 1988).
“See 11 O.S.1981, § 27-129. This appeal, through no fault of appellant, is prematurely before this Court.”
Okla. Stat. tit. 11, § 27-129(A): 2 cases
Valega v. City of Oklahoma City, 755 P.2d 118 (Okla. Crim. App. 1988).
“The record reflects that appellant, as provided by 11 O.S.Supp.1983, § 27-129, timely appealed from the final judgment of the Municipal Court for a trial de novo in the District Court.”
Brewer v. City of Seminole, 143 P.3d 228 (Okla. Civ. App. 2006).
“11 O.S.2001 § 27-129(A). While that appeal was pending, Plaintiffs filed this action.”
Okla. Stat. tit. 11, § 27-129(C): 1 case
Depuy v. State, 629 P.2d 371 (Okla. Crim. App. 1981).
“Now amended as 11 O.S.Supp.1980, § 27-129(C).”
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