JANUARY 2025 | 39 THE OKLAHOMA BAR JOURNAL 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. takes time, but it bolsters your work and credibility. For example: Wille v. GEICO Casualty Co., 2000 OK 10, ¶10, 2 P.3d 888, 891. Whisenant v. Strat Land Expl. Co., 2018 OK CIV APP 65, ¶9, 429 P.3d 703, 706. STATEMENT OF DISPOSITION The disposition is the operative portion of the order that grants or denies relief. It should precisely outline the liabilities and obligations imposed on the parties, granting no more or less relief than the court intended.6 For example: For the foregoing reasons, the Court finds Defendant’s Motion to Dismiss fails on the merits. Defendant’s Motion to Dismiss is denied. IT IS SO ORDERED. IT IS THEREFORE ORDERED Plaintiff is entitled to a declaratory judgment. The Court hereby enters judgment in favor of Plaintiff and against Defendants on Plaintiff’s Petition for Declaratory Judgment. APPROVAL AS TO FORM BY COUNSEL Counsel for all interested parties or pro se litigants must sign the proposed order. This is straightforward if the order is an agreed order. If the order is not agreed, the order is signed as to form indicating that while a party does not agree with the court’s findings and disposition, the party acknowledges the order accurately reflects the court’s decision. The attorney charged with preparing the proposed order has a duty to be prompt in providing the proposed order to opposing counsel for signature.7 The court or local rules may provide a specific deadline. If no time is prescribed, 20 days is more than sufficient. If the opposing counsel is assigned the preparation of the proposed order and too much time lapses, follow any pertinent local rules to address the situation. If none exist, a friendly reminder email or letter is appropriate. If the delay persists, a motion seeking relief from the court may be in order. If counsel cannot agree on the wording of the order, a “motion to settle” is typically required. COURT’S SIGNATURE Submit the proposed order for the court’s signature. The court may request an electronic version of the proposed order to enable revisions and modifications prior to approving and signing the order. Provide the date immediately above a line for the court’s signature. Include the name of the judge and the title of the court.8 For example: Signed this ___ of February, 2025. The Honorable [Name of Judge] Judge of the District Court FILING AND MAILING Once the order is fully executed, it must be filed. A file-stamped copy must then be served on all parties by the attorney charged with preparing the order, unless otherwise directed by the court, no later than three days after the order is filed.9 The certificate of service must also be filed with the court clerk.10 Note that a proposed order is only proposed and should never be filed on its own. If filed, it should be filed only as a clearly marked exhibit to a motion. CONCLUSION Orders serve as the official declaration of the court’s decision. When tasked with drafting an order of the court, endeavor to capture the court’s complete ruling in a clear, objective voice while strictly complying with all applicable rules. Follow a logical structure with evidence supporting findings, findings supporting conclusions and conclusions leading to the judgment. And finally, in this noble profession of ours, relish in the honor of being entrusted to give voice to the court’s order. ABOUT THE AUTHOR Claire C. Bailey is a staff attorney at the Oklahoma Court of Civil Appeals. Previously, she practiced law in Cleveland and Oklahoma counties with a focus on estate planning and civil trial litigation. She is a graduate of OSU and the OU College of Law. ENDNOTES 1. A good place to begin is a review of your local rules, District Court Rule 4, 12 O.S. 2021, Ch. 2, App., and 12 O.S. 2021 §§696.2, 696.3, including the statutes found on OSCN in the Citationizer Summary of Documents Citing This Document for §696.2 and §696.3 that address specific circumstances. For information regarding appealable orders, see Supreme Court Rules 1.20, 1.50 and 1.60. 2. 12 O.S. 2021 §696.2(D)(E). 3. Mansell v. City of Lawton, 1994 OK 75, ¶1, 877 P.2d 1120, 1120-21. 4. Coble v. Coble, 300 N.C. 708, 714, 268 S.E.2d 185, 190. 5. 12 O.S. 2021 §696.3(A)(1). 6. See 12 O.S. 2021 §696.3(A)(2). 7. Oklahoma Rules of Professional Conduct Rule 1.3, 5 O.S. 2021, Ch. 1, App. 3-A. 8. 12 O.S. 2021 §696.3(A)(3). 9. 12 O.S. 2021 §696.2(B). 10. See 12 O.S. 2021 §2005 for more information regarding service.
RkJQdWJsaXNoZXIy OTk3MQ==