LOCAL RULES. Tenth Judicial District - Osage County Oklahoma. Effective July 1, 2012

Transcription

1 LOCAL RULES Effective July 1, 2012 Tenth Judicial District - Osage County Oklahoma Hon. Stuart L. Tate- Special Judge Hon. B. David Gambill- Associate District Judge Hon. M. John Kane IV- District Judge

2 LOCAL RULES - TENTH JUDICIAL DISTRICT (OSAGE COUNTY DISTRICT COURT) 1. Introduction Penalties or Sanctions Removal of Court files...1 a. Civil...1 b. Criminal Motion Practice...2 a. Civil...2 b. Criminal Continuances Communication with the Court Attire for Court Cell Phones, Other Devices Prohibited Parenting Seminar Ex Parte Orders Photocopies of DHS Records Termination of Deferred Prosecution Agreements Costs...4 a. Indigent Defense System Costs b. Juvenile Proceedings...5 c. Receipt of Checks for certain costs d. Transcription (Court Reporter) e. Appraiser s fee...5 f. Alias Notice Bonds...6 a. Cash bonds...6 b. Out-of-County Property Bonds c. Bonds- General Procedure Civil Litigation Procedure Default Judgment in Collection Actions Weapons in the Courtroom or Judicial Chambers

3 LOCAL RULES - TENTH JUDICIAL DISTRICT (OSAGE COUNTY DISTRICT COURT) 1. Introduction a. The local rules are designed and promulgated to assist the Court in performing its assigned duties. The Court may sua sponte dispense with any local rule for any particular circumstance as it sees fit. Any party wishing to dispense with a local rule for his/her specific case must seek and obtain leave of the Court. b. All prior local rules not promulgated herein or in conflict herewith are set aside. Standing local Administrative Orders are unaffected by the promulgation of these local rules. c. Each Judge retains the right to establish standing orders and/or procedures for his/her assigned cases, and counsel and litigants shall inquire of the court to determine same. d. These local rules are not exclusive. Litigants and counsel are on notice that compliance with all other rules (including but not limited to the Rules of the Northeast Judicial Administrative District, and the District Court Rules for all Oklahoma District Courts), along with all pertinent statutes, case law, Constitutional requirements, and other legal directives must be met in addition to satisfying the demands of these rules. 2. 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. 3. Removal of Court files a. Civil- The following rules shall apply to the access to files in civil cases: i. No file may be checked out without order of the Court. ii. No file may be checked out for more than three days. iii. No file allowed to be checked out may be removed from the corporate limits of the city of Pawhuska. iv. No file in closed proceedings (guardianship/adoptions/mental health/juvenile or otherwise) may be checked out. v. No file may be checked out to persons not members in good standing of the Oklahoma Bar Association. b. Criminal- There will not be any criminal files allowed to be checked out from the Court Clerk's office for any reason. Local Rules- Tenth Judicial District (Osage County) Page 1 of 8

4 4. Motion Practice a. Civil- Pursuant to District Court Rule Four, any motion requiring response which has not been responded to within the appointed time may be deemed confessed without further notice or hearing. Upon written application by any party, the Court may set motions for oral argument at a date and time certain. b. Criminal- Motions filed in criminal cases prior to preliminary hearing shall be heard and ruled on at the preliminary hearing; Motions filed after the preliminary hearing shall be heard at the District Court arraignment or at the pretrial conference; Provided, however, upon application by either party, said application properly showing sufficient grounds that a delay in the ruling on a motion will cause the party to suffer prejudice thereby, the Court will specially set said motion for oral argument and ruling at a time and date certain. c. Motion Practice in Probate/guardianship/adoption Proceedings: All orders (including orders for hearing) or judgments or memorials thereof must be presented to the court by counsel of record in person or by unrepresented parties in person. Counsel or unrepresented parties will not seek leave of the court to avoid this requirement. d. Setting Matters for Hearing: Any The party presenting an the order setting a matter for hearing shall disclose the following to the court: * time required for the hearing, * the need for a reporter, * practical and/or statutory constraints associated with the notice required, * availability of the litigants and counsel, * whether the other side objects to the setting of the hearing, and * any other information the court may request. Failure to provide the above information or show good cause why same is not being provided may result in the proposed order for hearing being returned without judicial approval. e. Proposed Orders Which are Initially Declined. All other orders or judgments or memorials thereof which are initially declined by the court must thereafter be presented to the court by counsel of record in person or by unrepresented parties in person unless leave of the Court is granted for a contrary disposition. Local Rules- Tenth Judicial District (Osage County) Page 2 of 8

5 5. Continuances- Any No hearing of any kind in any type of case will be continued until: a. There is a written request; and b. The assigned Judge, (not the bailiff, the D.A., or opposing counsel) grants it. The bailiff for the assigned Judge must immediately be notified of the Court s granting of the continuance by the party procuring the continuance. 6. Communication with the Courta. Except as allowed by law, no litigant or attorney shall attempt to ex parte ( privately) communicate with the assigned Judge about the substance of any pending matter. Communication regarding scheduling and procedural matters is permitted. Communication with the staff is communication with the Court. b. Attorneys shall not send their clients or third parties to communicate with the offices of the Court regarding scheduling or any other matter. c. Neither the Court nor its staff may dispense legal advice. d. If counsel or a pro se litigant present a proposed Order to the Court, the presenting party shall disclose whether or not all interested parties have been notified in advance of the contact with the Court, and whether or not the proposed Order is contested or unopposed. Proposed Orders failing to comply with the rule are subject to being discarded without notice. 7. Attire for Court- Any person appearing to participate in or observe Court proceedings shall wear the type of clothing one would wear to a solemn and important event. Attire shall not be inappropriately revealing. 8. Cell Phones, Other Devices Prohibited- By rule of the Northeast Judicial Administrative District, use of electronic devices (phones, camera, recording devices, etc.) is prohibited in the Courtroom and chambers. Use by any person of a cell phone in the office of the Court Clerk is prohibited without consent of the clerk. 9. Parenting Seminar- In all paternity proceedings and dissolution proceedings involving minor children, the litigants shall comply with administrative order #95-2 requiring the parents to take an approved parenting seminar. Proof of completion shall be filed with the Court Clerk within sixty days of filing the Petition for Petitioner, or sixty days of service of process for Respondent. Local Rules- Tenth Judicial District (Osage County) Page 3 of 8

6 10. Ex Parte Orders Casual use of ex parte relief is disfavored by the court, and ex parte orders will only be granted upon a showing of compliance with proper statutory and ethical requirements. In addition, the Court requires the following: a. An attorney or litigant presenting an ex parte order is representing to the court that he/she is not aware that the respondent is represented by counsel. If the respondent is represented, such order may be entered only upon such notice as the court may direct. b. In the event any applicant for ex parte relief believes that notice to known opposing counsel is not required, the applicant will set forth in the verified application for relief the legal and factual basis for this request. c. Any respondent to an ex parte order who feels that such order was obtained by fraud or misrepresentation, in addition to other remedies, may seek attorney's fees and costs in setting the same aside. d. All ex parte orders become void from and after the show cause date unless extended in force by written court order. 11. Photocopies of DHS Records- The Court finds that it is too cumbersome to photocopy double-sided pleadings, process, reports, and orders in juvenile proceedings and that there is no statutory or Court-ordered authority to receive double-sided pleadings, process, reports, and orders. It is therefore Ordered by the Court that the Court Clerk of Osage County not receive for filing any double-sided pleadings, process, reports, and orders in juvenile proceedings. 12. Termination of Deferred Prosecution Agreements- An allegation by an individual participant that the State has wrongfully terminated the DPA, will be heard as a civil matter on contract law pursuant to 22 O.S. Section 305.3(A), (1), (2), and (3) to provide a record for a justiciable controversy. The petitioners will be responsible for their petition, representation, costs, and notices. This provides a record and case or controversy for a judge to enter a final order, and for the order to be appealable by either side for review. 13. Costs a. Indigent Defense System Costs- It is hereby ORDERED that until further order of this Court, the following sums shall be levied as costs for each case in which the Oklahoma Indigent Defense System defends a defendant. After collection, said sums shall be paid to the Oklahoma Indigent Defense System: Local Rules- Tenth Judicial District (Osage County) Page 4 of 8

7 i. For any felony case in which a plea of guilty or stipulation to revocation or imposition of sentence has been entered: $250.00; ii. For any misdemeanor case in which a plea of guilty or stipulation to revocation or imposition of sentence has been entered: $150.00; iii. For any felony case tried to a jury: $1,000.00; iv. For any misdemeanor case tried to a jury: $500.00; v. For any merit hearing on an application to revoke a suspended sentence or impose a deferred sentence in a felony case: $300.00; and vi. For any merit hearing on an application to revoke a suspended sentence or impose a deferred sentence in a misdemeanor case: $ In all other IDS cases, said costs shall be assessed at $ b. Juvenile Proceedings- It is hereby ORDERED that until further order of this Court the following sums shall be levied as costs for court- appointed attorney fees in cases involving juveniles: i. For juvenile delinquent and deprived cases: (1) For any case tried to a jury - $1, (2) For any agreed stipulation, deferred adjudication, or deferred prosecution - $250.00; (3) For any case tried to the Court - $ c. Receipt of Checks for certain costs- The Court Clerk shall not accept personal or business checks as payment for the following items: i. Marriage license. ii. Special event beverage license. d. Transcription (Court Reporter)- The Court cost required by statute to be paid to procure the services of the court reporter shall be paid in advance of the hearing to the office of the Court Clerk. Any party desiring a transcript shall order same from the Court Reporter, and shall pay the statutory page rate. e. Appraiser s fee- When an execution and order of sale is issued, the Court Clerk's office shall collect the appraiser's fee along with the execution costs. This is due to appraisers not getting paid immediately and having to wait so long for payment. f. Alias Notice- On any alias issued, except for an alias Small Claims affidavit and order, the fee will be charged the same as if it was the first time. Local Rules- Tenth Judicial District (Osage County) Page 5 of 8

8 14. Bonds a. Cash bonds- Posting of a cash bond will be accepted in the form of cash, cashier's check, or money order only. b. Out-of-County Property Bonds- The District Court of Osage County and the Court Clerk's office shall not accept any out-of-county property bonds. c. Bonds- General Procedure- All bonds will be posted at the Court Clerk's office during business hours. After hours, the bonds may be posted at the Osage County Jail. Bonds persons' credentials must be on file in the Court Clerk's office prior to writing bond. The jail has an after-hours bond schedule for misdemeanor offenses where the charges have not yet been filed. If the Court Clerk's office is open and no charges filed, the defendant will be arraigned at 3:00 p.m. and bond arrangements may be made after that time and not before. 15. Civil Litigation Procedure- Civil litigation shall be scheduled for trial in the following manner: Unless the case is subject to other disposition, the matter should be timely set for Scheduling 1 Conference. All litigants are under a duty to timely notify the Court when the case is at issue. This Order will not prevent the entry of Default against any litigant failing to Answer a Claim or Counterclaim, nor will it stay motion response deadlines which may be otherwise applicable. At the Scheduling Conference, all interested parties shall make one of the following announcements: Jury is demanded- the case will be set for jury trial for a date certain at that time; Jury is waived/ not applicable - the case will be set for bench trial for a date certain at that time; or It is premature to waive or demand jury. In the event that it is suggested that it is premature to waive or demand jury, then the Court may set all interim dates (other than the trial and pretrial dates), and set the matter for status on a date certain, to follow the conclusion of the discovery and motion cutoff. At the status conference, all parties shall be expected to either demand or waive jury, at which time the matter will be set for pretrial. 1 Per District Court Rule 5, the scheduling order shall issue as soon as feasible after the case is at issue. Local Rules- Tenth Judicial District (Osage County) Page 6 of 8

9 The pretrial conference will not be conducted absent a showing that mediation was attempted, or that good cause existed to forego mediation. Unless the court has allowed otherwise in advance, the clients shall be present in person for the pretrial conference. No pretrial conference on a civil jury matter shall go forward absent a showing that the jury fee has been paid. Plaintiff shall be required to provide all jury instructions and proposed verdict forms to opposing counsel and the Court. Neither the status conference noted above, nor the pretrial conference shall be continued without a written notation from any litigant not in default showing that the litigant either consents or objects to the continuance. This writing shall be signed by the client, not the attorney. If this document cannot be obtained, the reason shall be set forth in a verified pleading. Plaintiffs shall be responsible for timely furnishing a copy of this local rule to all Defendants. 16. Default Judgment in Collection Actions In any action to collect upon a contract, note or open account, the following must be submitted with any motion for default judgment in addition to proof of compliance with the statutes and District Court Rules pertaining to default judgment: 1. A proposed judgment not exceeding the amount of the prayer. 2. An affidavit setting forth facts showing that the defendant is not in military service. This affidavit must be no older than six months. (Servicemembers Civil Relief Act, 50 USC Appen. 520). 3. A copy of the written contract, if any, giving rise to the action, or an affidavit regarding lost document. 4. If the action is upon an open account, an affidavit that no written contract exists. 5. A computation of any interest, including the date of accrual and the rate of interest. 6. The ledger or most recent invoice itemizing amounts due. 7. Copies of assignments, and proof of holder in due course status, if applicable. 8. Any other item specifically requested by the assigned judge. Local Rules- Tenth Judicial District (Osage County) Page 7 of 8

10 17. Weapons in the Courtroom or Judicial Chambers Other than certified judicial or law enforcement officers or other authorized persons, no person shall be in possession of a weapon of any kind in either the courtroom or the judicial chambers. Any person properly in possession of a weapon shall notify the Sheriff s deputy assigned to courthouse security prior to entering the courtroom or the judicial chambers. Local Rules- Tenth Judicial District (Osage County) Page 8 of 8