remand - Exception. A. Except as provided in subsection B of this section, in the event a civil case brought in a district court of the State of Oklahoma is appealed, and is subsequently reversed and remanded, in whole or in part, by final order of an appellate court of this state, the Chief Justice of the Supreme Court of Oklahoma may appoint a different district court judge or associate district court judge upon application to the Supreme Court pursuant to rules promulgated by the Court. B. If all parties are in agreement, the same district court judge or associate district court judge presiding in the case prior to appeal may preside over all proceedings in the case remanded to the district court. Added by Laws 2008, c. 325, § 1, eff. Nov. 1, 2008.
Notes of Decisions
Carrigan-St. Clair v. Wildwood Preserve Farms, Inc., 2009 OK 89 (Okla. 2009).
· cites it 3× “ORDER ¶ 1 The Court notes Appellant's application for appointment of a different judge on remand pursuant to 20 O.S.Supp.2008 § 95.10. Appellant's application for appointment of a district court judge on remand is hereby denied without prejudice to Appellant seeking relief upon…”
Tigges v. Andrews, 2017 OK 9 (Okla. 2017).
· cites it 12× “Petitioners' sole basis for reassignment was language in 20 O.S. 2011 § 95.10; a statute which authorizes, but does not require, transfer of a case after reversal on appeal.”
Tigges v. Andrews, 390 P.3d 251 (Okla. 2017).
· cites it 2× “As Justice Opala noted: The invoked statute, 20 O.S.Supp.2008 § 95.10, is so narrowly drawn that its use could be justified only in those rare instances in which the record for appeal contains sufficient evidence to support the allegation that the judge whose decision was…”
— Okla. Stat. tit. 20, § 95.10(A) — 2 cases
Tigges v. Andrews, 2017 OK 9 (Okla. 2017).
“Petitioners' sole basis for reassignment was language in 20 O.S. 2011 § 95.10; a statute which authorizes, but does not require, transfer of a case after reversal on appeal.”
Tigges v. Andrews, 390 P.3d 251 (Okla. 2017).
“As Justice Opala noted: The invoked statute, 20 O.S.Supp.2008 § 95.10, is so narrowly drawn that its use could be justified only in those rare instances in which the record for appeal contains sufficient evidence to support the allegation that the judge whose decision was…”
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