THE OKLAHOMA BAR JOURNAL 10 | JANUARY 2025 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. THIS SEEMS TO BE A COMMON NIGHTMARE AMONG LAWYERS and other professionals: You suddenly realize you are due to take a final exam in a matter of hours for a class you attended the first day of the semester and then totally forgot or otherwise failed to attend thereafter. The traits that can make you a good lawyer – high regard for authority and perfectionist tendencies – are the same ones that may inflict you with these neurotic nocturnal horrors. And unfortunately, it can occasionally play out in real life when we discover or learn from the opposing counsel or a judge a rule directly related to what we are just about to perform or seek in court. One such group of rules that is fodder for either procedural mastery or ignominy is the Rules for District Courts of Oklahoma, a mandatory, wide-ranging set of rules issued by the Oklahoma Supreme Court and applicable to practice by all lawyers before the district courts in all 77 counties. These rules were originally adopted effective Jan. 1, 1982, and are found in the Appendix to Chapter 2 of Title 12 “Civil Procedure” of the Oklahoma Statutes or on the OSCN website under the “Legal Research” tab. The rules cover an array of procedural matters and details not otherwise covered (or fully covered) in the statutes, and they have the full force and effect of law. Knowledge of these rules is essential as they cover many of the most common and important procedures we practice. There is no obvious scope to the rules other than procedural practice, generally. Some rules will apply to every case you have; others may never apply to your practice. The rules primarily apply to civil procedure, but there are a few that are directed to criminal procedure. The rules cover broad and routine areas of practice, like “Motions” (Rule 4), “Pretrial Proceedings” (Rule 5) and “Summary Judgment” (Rule 13), but there are also rules that cover or add something regarding less common procedures, such as “Disqualification of Judges in Civil and Criminal Cases” (Rule 15) and contempt proceedings (“Indirect Contempt for Failure to Pay Child Support – Purge Fee,” Rule 8.3, and “Direct Contempt,” Rule 20). There are also apparent one-offs and arcana like “Notice Form for Condemnation Cases” (Rule 21) and “Legislative Continuances” (Rule 24). The rules can also serve as the birthplace for new rules issued in response to emerging trends and technology. Recent years and demands have led to rules being added – for example, “Limited Scope Representation” (Rule 33 in 2017) and “Videoconferencing in the District Courts” (Rule 34 in 2018). Every rule is significant and potentially crucial to your case or matter. Beware: These rules must be read along with the Oklahoma Statutes, case law and other applicable authorities in preparing your case as they contribute to forming the complete legal profile of your case. They may be the only law on point, or they may merely supplement a much larger collection of law found in the statutes or elsewhere. Law Practice Basics Rules for Oklahoma District Courts By Travis Pickens
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