Okla. Stat. tit. 12, § 993
Appeals from Certain Interlocutory Orders - Undertaking
Effective Nov 1, 1996Laws 1970, HB 1743, c. 289, § 1, emerg. eff. July 1, 1970. Amended by Laws 1978, HB 1532, c. 245, § 8, emerg. eff. July 1, 1978; Amended by Laws 1984, HB 1591, c. 40, § 1, eff. November 1, 1984; Amended by Laws 1990, SB 881, c. 251, § 14, eff. January 1, 1991; Amended by Laws 1991, SB 24, c. 251, § 17, emerg. eff. June 1, 1991; Amended by Laws 1993, HB 1468, c. 351, § 22, eff. October 1, 1993; Amended by Laws 1996, HB 2122, c. 61, § 1, eff. November 1, 1996.
A. When an order:
- 1. Discharges, vacates, or modifies or refuses to discharge, vacate, or modify an attachment;
- 2. Denies a temporary or permanent injunction, grants a temporary or permanent injunction except where granted at an ex parte hearing, or discharges, vacates, or modifies or refuses to discharge, vacate, or modify a temporary or permanent injunction;
- 3. Discharges, vacates, or modifies or refuses to discharge, vacate, or modify a provisional remedy which affects the substantial rights of a party;
- 4. Appoints a receiver except where the receiver was appointed at an ex parte hearing, refuses to appoint a receiver, or vacates or refuses to vacate the appointment of a receiver;
- 5. Directs the payment of money pendente lite except where granted at an ex parte hearing, refuses to direct the payment of money pendente lite, or vacates or refuses to vacate an order directing the payment of money pendente lite;
- 6. Certifies or refuses to certify an action to be maintained as a class action; or
- 7. Grants a new trial or opens or vacates a judgment or order, the party aggrieved thereby may appeal the order to the Supreme Court without awaiting the final determination in said cause, by filing the petition in error and the record on appeal with the Supreme Court within thirty (30) days after the order prepared in conformance with Section 696.3 of this title, is filed with the court clerk. Where the order states the matter was taken under advisement, the petition in error, if filed, must be filed within thirty (30) days from the date of mailing of a file-stamped copy of the order to the appealing party, as indicated on the Certificate of Mailing. The Supreme Court may extend the time for filing the record upon good cause shown.
- B. If the order discharges or modifies an attachment or temporary injunction and it becomes operative, the undertaking given upon the allowance of an attachment or temporary injunction shall stay the enforcement of said order and remain in full force until final order of discharge shall take effect.
- C. Where a receiver shall be or has been appointed, upon the appellant filing an appeal bond, with sufficient sureties, in such sum as may have been required of the receiver by the court or a judge thereof, conditioned for the due prosecution of the appeal and the payment of all costs or damages that may accrue to the state or any officer or person by reason thereof, the authority of the receiver shall be suspended until the final determination of the appeal, and if the receiver has taken possession of any property, real or personal, it shall be returned and surrendered to the appellant upon the filing and approval of the bonds.
Laws 1970, HB 1743, c. 289, § 1, emerg. eff. July 1, 1970. Amended by Laws 1978, HB 1532, c. 245, § 8, emerg. eff. July 1, 1978; Amended by Laws 1984, HB 1591, c. 40, § 1, eff. November 1, 1984; Amended by Laws 1990, SB 881, c. 251, § 14, eff. January 1, 1991; Amended by Laws 1991, SB 24, c. 251, § 17, emerg. eff. June 1, 1991; Amended by Laws 1993, HB 1468, c. 351, § 22, eff. October 1, 1993; Amended by Laws 1996, HB 2122, c. 61, § 1, eff. November 1, 1996.