Oklahoma Statutes

Okla. Stat. tit. 12, § 990A (2026)

Appeal to Supreme Court by filing petition in error -

✓ current as of July 2026

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Rules - Record on appeal - Premature appeal - Designation of record. A. An appeal to the Supreme Court of Oklahoma, if taken, must be commenced by filing a petition in error with the Clerk of the Supreme Court of Oklahoma within thirty (30) days from the date a judgment, decree, or appealable order prepared in conformance with Section 696.3 of this title is filed with the clerk of the trial court. If the appellant did not prepare the judgment, decree, or appealable order, and Section 696.2 of this title required a copy of the judgment, decree, or appealable order to be served upon the

appellant, and the court records do not reflect the service of a copy of the judgment, decree, or appealable order to the appellant within three (3) days, exclusive of weekends and holidays, after the filing of the judgment, decree, or appealable 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 judgment, decree, or appealable order was served upon the appellant. B. The filing of the petition in error may be accomplished either by delivery or mailing by certified or first-class mail, postage prepaid, to the Clerk of the Supreme Court. The date of filing or the date of mailing, as shown by the postmark affixed by the post office or other proof from the post office of the date of mailing, shall constitute the date of filing of the petition in error. If there is no proof from the post office of the date of mailing, the date of receipt by the Clerk of the Supreme Court shall constitute the date of filing of the petition in error. C. The Supreme Court shall provide by rule, which shall have the force of statute, and be in furtherance of this method of appeal: 1. For the filing of cross-appeals; 2. The procedure to be followed by the trial courts or tribunals in the preparation and authentication of transcripts and records in cases appealed under this act; and 3. The procedure to be followed for the completion and submission of the appeal taken hereunder. D. In all cases the record on appeal shall be complete and ready for filing in the Supreme Court within the time prescribed by rule. E. Except for the filing of a petition in error as provided herein, all steps in perfecting an appeal are not jurisdictional. F. 1. If a petition in error is filed before the time prescribed in this section, it shall be dismissed as premature; however, if the time to commence the appeal accrues before the appeal is dismissed, the appellant may file a supplemental petition in error, without the payment of any additional costs. Such supplemental petition in error shall state when the time for commencing the appeal began and shall set out all matters which have occurred since the filing of the original petition in error and which should be included in a timely petition in error. When a proper supplemental petition in error is filed, the appeal shall not be dismissed on the ground that it was premature. 2. If an appeal is dismissed on the ground that it was premature, the appellant may file a new petition in error within the time prescribed in this section for filing petitions in error or within thirty (30) days after notice is mailed to the parties which states that the appeal was dismissed on the ground that it was premature, whichever date is later. A notice that an appeal was

dismissed on the ground that it was premature shall include the date of mailing and the ground for dismissal. G. 1. No designation of record shall be accepted by the district court clerk for filing unless it contains one of the following: a. where a transcript is designated: A signed acknowledgment from the court reporter who reported evidence in the case indicating receipt of the request for transcript, the date received, and the amount of deposit received, if applicable, in substantially the following form: I, ________, court reporter for the above-styled case, do hereby acknowledge this request for transcript on this ____ day of____, 20__, and have received a deposit in the sum of $____., or b. where a transcript is not designated: A signed statement by the attorney preparing the designation of record stating that a transcript has not been ordered and a brief explanation why, in substantially the following form: I, ________, attorney for the appellant, hereby state that I have not ordered a transcript because: (1) a transcript is not necessary for this appeal, or (2) no stenographic reporting was made. 2. No counter-designation of record shall be accepted by the district court clerk for filing unless it contains one of the following: a. where additional transcript is designated: A signed acknowledgment from the court reporter who reported evidence in the case indicating receipt of the request for transcript and the date received, in substantially the following form: I, ________, court reporter for the above-styled case, do hereby acknowledge this request for transcript on this ____ day of____, 20__., or b. where no additional transcript is designated: A signed statement by the attorney preparing the designation of record stating that a transcript has not been ordered and a brief explanation why, in substantially the following form: I, ________, attorney for the appellant, hereby state that I have not ordered a transcript because: (1) no additional transcript is necessary for this appeal, or (2) no stenographic reporting was made. Added by Laws 1991, c. 251, § 15, eff. June 1, 1991. Amended by Laws 1993, c. 351, § 18, eff. Oct. 1, 1993; Laws 1994, c. 343, § 5, eff. Sept. 1, 1994; Laws 1997, c. 102, § 7, eff. May 1, 1997; Laws

2002, c. 468, § 6, eff. Nov. 1, 2002; Laws 2011, c. 13, § 1, eff. Nov. 1, 2011; Laws 2017, c. 147, § 1, eff. Nov. 1, 2017.

Notes of Decisions

Cited in 81 cases (21 in the last 5 years), 1991–2025 · leading case: Tidemark Expl., Inc. v. Good, 1998 OK 67 (Okla. 1998).

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Tidemark Expl., Inc. v. Good, 1998 OK 67 (Okla. 1998). · cites it 14× “An appeal to the Supreme Court of Oklahoma, if taken, must be commenced by filing a petition in error with the Clerk of the Supreme Court of Oklahoma within thirty (30) days from the date a judgment, decree, or appealable order prepared in conformance with Section 696.”

Whitehead v. Tulsa Pub. Schs., 1998 OK 71 (Okla. 1998). · cites it 12× “We conclude that the date of mailing as established by the postmark affixed by the United States Post Office constitutes the date of filing pursuant to 12 O.S.Supp.1996, § 990A(B). We hold this review proceeding was timely commenced.”

Rodgers v. Higgins, 871 P.2d 398 (Okla. 1994). · cites it 8× “102 By operation of 12 O.S.1991 § 990A, 103 viewed in conjunction with § 696.”

Manning v. State Ex Rel. Dep't of Pub. Saf., 876 P.2d 667 (Okla. 1994). · cites it 8× “351 § 18, effective October 1993 (to be codified at 12 O.S.Supp. 1993 § 990A) provided in pertinent part: "An appeal to the Supreme Court may be commenced by filing a petition in error with the Clerk of the Supreme Court within thirty (30) days from the date the final order or…”

Johnson v. Tony's Town Mister Quik, 915 P.2d 355 (Okla. 1996). · cites it 7× “[3] holds that the mailbox rule [4] which is authorized by the provisions of 12 O.S.Supp. 1993 § 990A(B) [5] does not govern the commencement of proceedings to review a Workers' Compensation Court's decision.”

McMillian v. Holcomb, 907 P.2d 1034 (Okla. 1995). · cites it 7× “3 criteria in this case the January 5 order begins the 12 O.S.Supp. 1993 § 990A [22] thirty-day countdown for commencing an appeal.”

Mansell v. City of Lawton, 877 P.2d 1120 (Okla. 1994). · cites it 6× “] See also 12 O.S.1993 § 990A. Its pertinent terms are: "An appeal to the Oklahoma Supreme Court, if taken, must be commenced by filing a petition in error within thirty (30) days from the date a judgment, decree or appealable order prepared in conformance with Section 10 of…”

In the Matter of the Guardianship of Berry, 2014 OK 56 (Okla. 2014). · cites it 7× “18 The petition for an extraordinary writ was filed in this case within the thirty-day requirement specified in 12 O.S.2011 § 990A for commencing an appeal of an interlocutory order.”

Tinker Inv. & Mortg. Corp. v. City of Midwest City, 873 P.2d 1029 (Okla. 1994). · cites it 4× “Timcorp’s attempt to transform a nominal party [Midwest City] into a targeted party appellee 2 in its second appeal offends the provisions of 12 O.S.1991 § 990A. Timcorp’s quest to enlarge its assignment of errors in the second appeal is unauthorized by Rule 1.”

Aven v. Reeh, 878 P.2d 1069 (Okla. 1994). · cites it 5× “12 O.S.Supp. 1993 § 990A. We note that § 696.”

Keel v. Wright, 890 P.2d 1351 (Okla. 1995). · cites it 7× “Application of this theory to this case would presume that the theory of notice applies to a case not under advisement when an appellant claims that he or she did not have notice of the date the judgment was filed.”

Joiner v. Brown, 925 P.2d 888 (Okla. 1996). · cites it 4× “IV SUMMARY Today’s construction of 12 O.S.Supp.1993 § 990A is intended to guarantee (a) that *891 notice of appealable events is promptly given to all litigants and (b) that the minimum standards of due process are satisfied.”

Show all 81 citing cases →

— Okla. Stat. tit. 12, § 990A(A) — 27 cases

Mansell v. City of Lawton, 877 P.2d 1120 (Okla. 1994). “] See also 12 O.S.1993 § 990A. Its pertinent terms are: "An appeal to the Oklahoma Supreme Court, if taken, must be commenced by filing a petition in error within thirty (30) days from the date a judgment, decree or appealable order prepared in conformance with Section 10 of…”

McMillian v. Holcomb, 907 P.2d 1034 (Okla. 1995). “3 criteria in this case the January 5 order begins the 12 O.S.Supp. 1993 § 990A [22] thirty-day countdown for commencing an appeal.”

In the Matter of the Guardianship of Berry, 2014 OK 56 (Okla. 2014). “18 The petition for an extraordinary writ was filed in this case within the thirty-day requirement specified in 12 O.S.2011 § 990A for commencing an appeal of an interlocutory order.”

Tidemark Expl., Inc. v. Good, 1998 OK 67 (Okla. 1998). “An appeal to the Supreme Court of Oklahoma, if taken, must be commenced by filing a petition in error with the Clerk of the Supreme Court of Oklahoma within thirty (30) days from the date a judgment, decree, or appealable order prepared in conformance with Section 696.”

Gilbert v. Sec. Fin. Corp. of Oklahoma, 2006 OK 58 (Okla. 2006).

— Okla. Stat. tit. 12, § 990A(B) — 6 cases

Johnson v. Tony's Town Mister Quik, 915 P.2d 355 (Okla. 1996). “[3] holds that the mailbox rule [4] which is authorized by the provisions of 12 O.S.Supp. 1993 § 990A(B) [5] does not govern the commencement of proceedings to review a Workers' Compensation Court's decision.”

Whitehead v. Tulsa Pub. Schs., 1998 OK 71 (Okla. 1998). “We conclude that the date of mailing as established by the postmark affixed by the United States Post Office constitutes the date of filing pursuant to 12 O.S.Supp.1996, § 990A(B). We hold this review proceeding was timely commenced.”

Dubuc v. Sirmons, 93 P.3d 780 (Okla. 2001).

Hunnicutt v. State, 952 P.2d 988 (Okla. Crim. App. 1997).

Marshall v. OK Rental & Leasing, Inc., 879 P.2d 132 (Okla. 1994).

— Okla. Stat. tit. 12, § 990A(C) — 1 case

Bank IV Oklahoma, N.A. v. Sw. Bank & Trust Co., 935 P.2d 323 (Okla. 1997).

— Okla. Stat. tit. 12, § 990A(E) — 1 case

— Okla. Stat. tit. 12, § 990A(F) — 3 cases

Corbit v. Williams, 897 P.2d 1129 (Okla. 1995).

Meadows v. Pittsburg Cnty. Bd. of Cnty. Commissioners, 898 P.2d 741 (Okla. 1995).

Peoria Corp. v. Lemay, 895 P.2d 1342 (Okla. 1995).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.