View source for Local Rules for Northern Judicial Administrative District

=Local Rules for Northern Judicial Administrative District of Oklahoma= 
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* <u>'''Northern Judicial Administrative District'''</u>. This district includes Craig, Delaware, Mayes, Nowata, Osage, Ottawa, Rogers and Washington Counties in Oklahoma.
* '''<u>Rules</u>'''. These rules were adopted to be the effective local rules for the following district courts in Oklahoma beginning on November 1, 2007:
** [[Craig County District Court - Craig County Courthouse in Vinita, Oklahoma | Craig County District Court]]
** [[Delaware County District Court - Delaware County Courthouse in Jay, Oklahoma | Delaware County District Court]]
** [[Mayes County District Court - Mayes County Courthouse in Pryor, Oklahoma | Mayes County District Court]]
** [[Nowata County District Court - Nowata County Courthouse in Nowata, Oklahoma | Nowata County District Court]]
** Osage County District Court
** Ottawa County District Court
** [[Rogers County District Court - Rogers County Courthouse in Claremore, Oklahoma | Rogers County District Court]]
** [[Washington County District Court - Washington County Courthouse in Bartlesville, Oklahoma | Washington County District Court]]

=2007 Revised Court Rules Table of Contents= 
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* CHAPTER I: GENERAL
** Scope, Effect of Court Rules
** Rule 1.1 - Areas of Judicial Responsibility
** Rule 1.2 - Attorneys — Behavior
** Rule 1.3 - Court Appearances and Punctuality
** Rule 1.4 - Attorney’s Duty to Instruct Clients and Witnesses
** Rule 1.5 - Disruptive Activities in Courtroom or in Chambers
** Rule 1.6 - Court Files
** Rule 1.7 - Penalties or Sanctions
** Rule 1.8 - Communications
** Rule 1.9 - Cases Tried in Court, Not Media
** Rule 1.10 - Withdrawal of Counsel
** Rule 1.11 - Court Appointed Counsel May Not Accept Compensation
** Rule 1.12 - Discovery Not to be Filed

* CHAPTER II - PLEADINGS
** Rule 2.1 - Forms
** Rule 2.2 - Journal Entry Approval
** Rule 2.3 - Pauper’s Proceedings in Civil or Domestic Relations Actions
** Rule 2.4 - Notice of Bankruptcy Proceedings
** Rule 2.5 - Electronic Filing of Pleadings
** Rule 2.6 - Court-appointed Attorneys and Guardians Ad Litem
** Rule 2.7- Copies of Motions and Briefs

* CHAPTER III - DOMESTIC RELATIONS
** Rule 3.1 - Family and Domestic Cases — Temporary Suit Money
** Rule 3.2 - Temporary Orders -Modified/Contested
** Rule 3.3 - Pre-Trial Financial Declaration
** Rule 3.4 - Dissolution Decrees

* CHAPTER IV - CRIMINAL
** Rule 4.1 - Traffic and Misdemeanor Filings
** Rule 4.2 - Bail Bonds
** Rule 4.3 - Felony Bonds
** Rule 4.4 - Initial Appearances
** Rule 4.5 - Court Appointed Attorneys
** Rule 4.6 - Discovery that Defendant is not Indigent
** Rule 4.7 - Court-Appointed Counsel May Not Accept Compensation
** Rule 4.8 - Time Limits for Withdrawal by Attorney
** Rule 4.9 - Ordering Transcripts
** Rule 4.10 - Court Fund Transcripts
** Rule 4.11 - Duty to Disclose Previous Attempts at a Plea Bargain
** Rule 4.12 - Pleas in Certain Criminal Cases

* CHAPTER V - TRIAL
** Rule 5.1 - Continuances
** Rule 5.2 - Trial Procedure, Notice of Settlement, Dismissal Or Continuance
** Rule 5.3 - Findings of Fact, Request For
** Rule 5.4 - Requested Jury Instructions
** Rule 5.5 - Argument by a Party
** Rule 5.6 - Conduct Toward Jurors or Judge After Verdict or Decision

* CHAPTER VI - RULE ADOPTION
** Rule 6.1 - Adoption of Rules
** Rule 6.2 - Effective Date of Rules

=CHAPTER I: GENERAL= 
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Scope, Effect of Court Rules
The Rules of the Northeast Judicial Administrative District supplement the Rules for the District Courts as adopted by the Supreme Court of Oklahoma. Counties included in the District are Craig, Delaware, Mayes, Nowata, Osage, Ottawa, Rogers and Washington counties. Should there be any conflict between the Rules for the District Court and the Northeast Judicial Administrative District Rules, the Rules for District Courts shall control.

Each Judicial District and/or County may enact local rules. Should there be any conflict between the Northeast Judicial Administrative District Rules and the local rules, the Northeast Judicial Administrative District Rules shall control. Check at the Court Clerk’s office for a copy of the Northeast Judicial Administrative District Rules and any local rules.

Upon a finding by the Court that any rule herein will work a manifest injustice, the same may be waived for that particular instance.

Rule 1.1 - Areas of Judicial Responsibility
Areas of judicial responsibility are determined by the Chief Judge and vary from county to county. Check at the Court Clerk’s office for assignment orders or other information about judicial assignments. If the assigned Judge is absent or unable to act, a lawyer should not hesitate to seek out another Judge.

Rule 1.2 - Attorneys — Behavior
Attorneys are officers of the Court. As such, their behavior toward the Court sets the example for their clients and the public. The attorney’s responsibility—at a minimum—is to be courteous and civil. Good manners and decorum require the following:

(1) Arguments shall be addressed to the Court and not to opposing counsel.
(2) Stand when addressing the Court.
(3) When examining a witness, stand where the Court, witness, jury and reporter can hear you.
(4) Do not approach the bench or a witness unless you have obtained permission.
(5) Do not sit on counsel table.
(6) Do not take files, pleadings or exhibits from the bench, the clerk’s or reporter’s desk without permission.
(7) When your business in Court is finished, depart from the courtroom quietly.
(8) Do not hold conferences in the courtroom when Court is in session.
(9) Attorneys should appear in court in attire appropriate to practitioners of this honored profession.

Rule 1.3 - Court Appearances and Punctuality
At times it is unavoidable to be late for a setting or docket. However, to be consistently late demonstrates a lack of courtesy, not only to the Court but to the other parties, witnesses and attorneys. An attorney who finds it impossible to be on time should immediately inform the Court, giving the reason for the delay, and expected arrival time.

An attorney who is consistently late or absent may be assessed attorney fees and expenses for travel and other costs to those affected, in addition to other sanctions which may be appropriate. Opposing counsel may apply to the Court for sanctions under this section.

Rule 1.4 - Attorney’s Duty to Instruct Clients and Witnesses
An attorney should instruct clients and witnesses about the proprieties of their court appearance, including appropriate attire. An attorney should explain that clients and witnesses may not approach or communicate with a juror or Judge. An attorney shall make clients and witnesses aware of rulings on Motions in Limine that would affect their testimony.

A violation of this Rule may not only result in a mistrial, but may also result in contempt proceedings and/or assessment of costs (including juror expense and attorney fees) to the adverse party.

Rule 1.5 - Disruptive Activities in Courtroom or in Chambers
Without leave of Court, eating, drinking, (except water allowed by the Court) chewing gum, reading newspapers or magazines, or use of tobacco in any form is forbidden by all persons in chambers, or in the courtroom whether Court is in session or not.

Use by any person of any device to send or receive messages, or record sound or images in courtrooms or chambers is prohibited without consent of the Court. All electronic devices brought into courtrooms or chambers shall be set on a “silent” mode.

Any activity or noise in or near the courtroom which disrupts or disturbs the proceedings is prohibited and may result in a citation for contempt or sanction.

Rule 1.6 - Court Files
No person, other than an employee of the Court Clerk or an employee of the District Court, or Licensed Abstracter maintaining an office in the county, shall be allowed to remove a file from the office of the Court Clerk, Judge’s chambers, and/or the courtroom absent a written court order authorizing same. Files shall be returned within three (3) business days unless otherwise ordered. No papers shall be inserted or removed from the file folders except by the Court Clerk or Deputy Court Clerk.

Rule 1.7 - Penalties or Sanctions
A willful violation of a Court Rule may subject a party or an attorney to contempt proceedings or sanctions. This may result in any or all of the following:

(1) imposition of court costs, and/or a financial sanction,
(2) attorney fees for opposing counsel,
(3) mileage and/or other costs to any party financially impacted,
(4) a fine, representing the jury fees and/or other direct costs to the Court for any mistrial or delayed trial.

Rule 1.8 - Communications
Parties and attorneys shall not ask a Judge or a member of a Judge’s staff to process court filings or mailing, but should direct all such communications to the Office of the Court Clerk.

Rule 1.9 - Cases Tried in Court, Not Media
It is the duty of all members of the Bar to affirmatively protect litigants’ rights to a fair trial. It is professionally irresponsible and shows disrespect to the administration of justice to willfully prosecute or defend any matter in the newspapers or other media, where the integrity of any pending or future suit or action may be jeopardized.

Rule 1.10 - Withdrawal of Counsel
When submitting an Application or Motion to Withdraw, said Application or Motion shall include the following:

(1) Statement of grounds for withdrawal;
(2) Current status of case, including any scheduled hearing date;
(3) Whether subsequent counsel has been obtained and entered an appearance;
(4) Whether opposing counsel has any objection;
(5) A statement detailing efforts made by counsel to advise client of any upcoming court dates, the importance of attendance, and the last known mailing address, telephone, and other contact information for the client.
(6) A Certificate of Mailing to the client and to all other attorneys of record.

No Application or Motion to Withdraw shall be considered unless submitted to the assigned Judge no later than twenty (20) days before the date on which a hearing or trial is scheduled. Oral applications to withdraw may not be considered unless another attorney has entered an appearance, or is present and ready to enter an appearance.

Every Order allowing withdrawal, in which another attorney has not appeared, shall contain the following:

(1) Statement of the cases current status, including any scheduled hearing dates;
(2) Statement that the client must represent himself/herself at any scheduled hearing or hire subsequent counsel;
(3) Statement that failure to appear may result in the case being dismissed, default judgment being granted, or any other remedy available to the Court being ordered;
(4) A Certificate of Mailing to the client showing last known address and to all other attorneys or pro se parties of record.

Applications or Motions to Withdraw or proposed Orders Allowing Withdrawal not in compliance with this rule are subject to being returned to the requesting party without further consideration by the Court.

Rule 1.11 - Court Appointed Counsel May Not Accept Compensation
Court Appointed Attorneys in Civil, Juvenile, or other cases paid from the Court Fund shall not accept compensation from any other source.

Rule 1.12 - Discovery Not to be Filed
Depositions, interrogatories, requests for admissions, requests for documents and things, and responses to these shall not be filed with the Court Clerk, except as attachments to a motion or response to a motion, or are ordered by the Judge to be filed. A motion to compel discovery or discovery motion for protective order shall include either a verbatim recitation or a copy of the interrogatory, question, request, answer, response or objection which is the subject of the motion.

=CHAPTER II - PLEADINGS= 
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Rule 2.1 - Forms
The Court Clerk shall maintain, provide, and publish such forms as may be directed by the District Court, and make the same available to the public.

Rule 2.2 - Journal Entry Approval
In all contested matters, the Journal Entry presented for signature of the Court must contain the attorneys or pro se parties signature of approval, at least as to form, for all interested parties to the proceeding unless waived by the Judge.

The Journal Entry must be submitted to the trial Judge and filed within thirty (30) days of the Judge’s ruling, or if counsel do not agree as to the form of Journal Entry, attach the proposed Journal Entry to a Motion to Settle also filed within the same thirty-day (30) period. The party not approving shall submit in writing his specific objections to the proposed Journal Entry prior to hearing on the settlement.

Rule 2.3 - Pauper’s Proceedings in Civil or Domestic Relations Actions
In the event a party has filed a Pauper’s Affidavit in a civil action, the Court Clerk shall inform the Judge to whom the case is assigned who may inquire into the party’s ability to pay. If the Court should determine that such party is not entitled to proceed without payment, the Court may order the action dismissed unless such party pays the costs and fees.

Rule 2.4 - Notice of Bankruptcy Proceedings
Any party filing bankruptcy or receiving notice of another party in his case filing bankruptcy shall file immediate written notice of the bankruptcy filing.

After a bankruptcy notice has been given, no request for relief can or will be addressed unless the moving party (1) notifies the District Court that the Bankruptcy Court has granted relief from the stay or the stay is no longer in effect and (2) attaches a copy of the pertinent Order.

Rule 2.5 - Electronic Filing of Pleadings
Upon request or approval by the Court, the Court may accept documents by fax for signature and filing, and electronic hyperlinked copies of briefs.

Rule 2.6 - Court-appointed Attorneys and Guardians Ad Litem
Court-appointed attorneys and/or guardians ad litem for a minor or an incapacitated or alleged incapacitated adult shall be given notice of all proceedings and copies of all pleadings filed by the other parties and/or their attorneys.

Rule 2.7- Copies of Motions and Briefs
A copy of all Motions and Briefs filed by counsel shall be delivered by the filing party to the Judge assigned to the case at the time of filing.

=CHAPTER III - DOMESTIC RELATIONS= 
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Rule 3.1 - Family and Domestic Cases — Temporary Suit Money
Parties in a family and domestic case finding it necessary to incur expenses and costs in preparation of the case, including attorney’s fees, and desiring that the expenses and costs be paid by the opposing party, must file an application for payment of expenses and set it for a hearing before the assigned Judge, with adequate notice to the opposing party. Such expenses and/or costs shall not be taxed in the case in the absence of an application and hearing or an agreement between the parties.

Rule 3.2 - Temporary Orders -Modified/Contested
Any agreed modification by the parties to a Temporary Order or Ex Parte Order must be submitted to the Court for approval within thirty (30) days after the date set for show-cause hearing and include the signature of attorney for each party or pro se party.

Within thirty (30) days after any contested temporary hearing, a written Order shall be submitted to the Court and filed and signed by the attorney for each party (or pro se party unless signature of the pro se party is waived by the Court) or attached to Motion to Settle within the same thirty (30) day period by the Movant’s attorney. The party not approving shall submit in writing his specific objections to the proposed Order prior to hearing on the settlement.

Rule 3.3 - Pre-Trial Financial Declaration
In all contested dissolution cases, unless specifically excused by Order of the Court, each side shall serve on opposing counsel and the assigned Judge five (5) days in advance of trial a Financial Declaration, under oath, setting out all the assets and debts of the parties. The Declaration shall not be filed in the case.

ASSETS: Each party shall give his personal opinion of the value of each asset, regardless of who has possession of the same, and in the event he plans to use an expert witness to establish value, such party shall give such expert’s name, address and credentials, as well as the value he proposes for the asset.

DEBTS: All debts, secured or unsecured, shall be listed, with account balance, giving the name and address of each creditor, whether or not the debt is current, and if delinquent, when it became so, and list the asset given as security.

The Court may, on its own motion, require either party to furnish such additional information as the Court deems necessary to insure an efficient disposition of the case. The Court may designate a specific financial declaration form to be used.

Rule 3.4 - Dissolution Decrees
Final Decrees shall be submitted to the Court and filed within thirty (30) days of the granting of the dissolution where uncontested.

If contested, the Decree shall be submitted to the trial Judge and filed within thirty (30) days of the Court’s ruling or attached to a Motion to Settle filed within the same thirty (30) day period by the attorney designated by the trial Judge. The party not approving shall submit in writing his specific objections to the proposed Decree prior to hearing on the settlement.

The Decree shall be approved by the presenting party or the presenting party’s attorney and any opposing party or attorney unless waived by the trial Judge.

=CHAPTER IV - CRIMINAL= 
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Rule 4.1 - Traffic and Misdemeanor Filings
The District Attorney’s office shall promptly file all misdemeanor and traffic cases upon arrest.

Rule 4.2 - Bail Bonds
A list of bail bonds for misdemeanor and traffic cases shall be posted in the jail. A person accused of any misdemeanor or traffic violation enumerated on said list shall be released upon the posting of such bond. Any CASH bond received by the Sheriff, for which the defendant does not appear for initial appearance may be considered and accepted as payment in full for all costs.

Rule 4.3 - Felony Bonds
A person arrested on a felony charge may not be admitted to bail until bond on the warrant is posted, or his/her initial appearance before the Court, or the Court has otherwise set bond.

Rule 4.4 - Initial Appearances
When a defendant is booked into jail, a probable cause determination shall be made as soon as is reasonably feasible, but in no event later than 48 hours after arrest. The initial appearance before a Magistrate for arraignment shall be as soon as is reasonably feasible.

Rule 4.5 - Court Appointed Attorneys
The Court need not entertain the suggestion that any particular attorney be appointed to represent an indigent defendant in a criminal case.

Rule 4.6 - Discovery that Defendant is not Indigent
Should Court-appointed counsel become aware or suspect that his Court-appointed client is in fact not indigent, such attorney shall immediately make known to the appointing Judge such facts as have come to his attention so that the Court may make the appropriate inquiry.

Rule 4.7 - Court-Appointed Counsel May Not Accept Compensation
Court-appointed attorneys representing defendants in criminal cases are to be paid from the Oklahoma Indigent Defense System. Such attorneys shall not accept compensation from any other source for the representation of an indigent defendant in a criminal case.

Rule 4.8 - Time Limits for Withdrawal by Attorney
An attorney for the defendant in a criminal case may not withdraw, except for good cause shown, less than thirty (30) days preceding a scheduled Court appearance. “Good cause shown” does not mean that the attorney has not been paid

Rule 4.9 - Ordering Transcripts
When the defendant in a criminal case has been determined to be indigent, the defendant’s attorney may request a transcript of a preliminary hearing or other pretrial hearing orally at the conclusion of the hearing. Within fifteen (15) days after the hearing a written Application and Order shall be submitted to the assigned Judge or to the District Judge. Said Application and Order shall be filed in the case and a copy delivered to the court reporter.

If the defendant is not indigent, the responsibility for making arrangements satisfactory to the court reporter is upon the attorney for the defendant.

Rule 4.10 - Court Fund Transcripts
If a transcript of any part of the criminal proceedings has been paid for by the Court Fund, it remains the property of the Court Fund. Counsel for the State and the defendant are admonished to refrain from marking on or “dog-earring” the pages.

When the reason for the use of the transcript has expired, the attorney having the same will redeliver the transcript to the Court Clerk.

A violation of this Rule may result in the attorney being charged with the cost of replacement of the transcript.

Rule 4.11 - Duty to Disclose Previous Attempts at a Plea Bargain
When a matter is presented to the Court on a plea bargain, both counsel for the defense and for the State are bound to reveal to the Court any previous denial by a Judge of any plea bargain in that particular criminal case and all surrounding circumstances.

A violation of this Rule may subject the offending person to sanctions or contempt of Court proceedings.

Rule 4.12 - Pleas in Certain Criminal Cases
A plea of either guilty or nolo contendere in all felony cases, and in those misdemeanor cases which are a predicate for a felony, shall be presented to the Court, along with a Summary of Facts Form (prescribed by the Court of Criminal Appeals), prepared and signed by the defendant, attorney for the defendant, and attorney for the State with all dates properly inserted. At commencement of the plea, Counsel presenting the form shall specifically advise the Court of any answers contained on the form which are not the usual and expected standard answers.

The plea may or may not be taken by a court reporter. If the plea is taken by a court reporter, the Court should make a finding at the time of the plea whether the costs should be charged against the Defendant.

=CHAPTER V - TRIAL= 
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Rule 5.1 - Continuances
The Court is not bound by any agreement of counsel to continue a case. In considering a Motion for Continuance, the Court will take the following factors into consideration:

(1) Is it a jury trial.
(2) Age of the case.
(3) Number of previous settings.
(4) Number of continuances and by
whom requested.
(5) Number of witnesses
(6) Length of travel for parties,
witnesses and counsel.
(7) Reason for delay.
(8) Status of the docket
(9) Timeliness of the request

A Motion for Continuance may be granted upon certain conditions, for example, payment of costs including jury fees, attorney fees, or travel expenses to the adverse party.

Absent good cause shown, the Court shall require strict compliance with 12 O.S. 667 and 668.

Applications for legislative continuances must be made not less than ten (10) days in advance of trial.

Rule 5.2 - Trial Procedure, Notice of Settlement, Dismissal Or Continuance
Cases shall be tried in the order of appearance on the docket unless otherwise directed by the Court. After a case has been docketed for jury trial, any agreement of the parties to settle, dismiss or continue the same shall be communicated to the Court at least two (2) working days before the time fixed for trial or as otherwise directed by the Court. The Court is not bound by any agreement of counsel to continue the case. In the event the Court is not given the required notice of settlement, dismissal or agreed continuance and a jury reports for the trial and no other jury trial is scheduled on said date, the Court shall have the discretion to tax the costs of the reporting jurors, and such other reasonable costs as the Court may determine, to either or both of the parties who failed to give the required notice.

Rule 5.3 - Findings of Fact, Request For
Any request to the Court for Findings of Fact and Conclusions of Law must be made prior to or at the commencement of the trial. Within such time as may be allowed, counsel shall submit their suggested Findings of Fact and Conclusions of Law which shall be filed and incorporated in the record of the case. Upon request of the Court, copies shall be forwarded to the Court in electronic form.

Rule 5.4 - Requested Jury Instructions
Requests for instructions, other than those necessitated by unanticipated events during the trial, shall be presented to the Court in writing prior to the commencement of the trial as directed by the Court. Upon request of the Court, same shall be forwarded to the Court in electronic form.
Rule 5.5 - Argument by a Party
Absent leave of the Court, no party shall be permitted to argue his/her case to the jury if the party has an attorney.

Absent leave of the Court, no Defendant represented by an attorney in a criminal action, either court-appointed or retained, shall be allowed to file any pleading of any kind pro se.

Rule 5.6 - Conduct Toward Jurors or Judge After Verdict or Decision
Neither an attorney nor a party shall thank the jury or the Judge for a favorable verdict or decision. No attorney or party may communicate with a juror after a verdict has been returned until the entire jury panel has been finally discharged from service.

=CHAPTER VI - RULE ADOPTION= 
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Rule 6.1 - Adoption of Rules
These Rules have been finally adopted and approved by the Judges of the Northeast Judicial Administrative District duly assembled at Vinita, Oklahoma, on the 29th day of August, 2007.

Rule 6.2 - Effective Date of Rules
These Rules shall become effective on the 1st day of November, 2007, and shall remain in full force and effect until such time as amended or superceded

I, J. Dwayne Steidley, Presiding Judge of the Northeast Judicial Administrative District certify that the foregoing is a true and correct copy of the Rules adopted by the District.

J. Dwayne Steidley
Presiding Judge

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