1. (a) Costs must be sought by a separately filed and labeled motion in the appellate court prior to mandate. The Clerk shall not tax as costs any expense unless the person claiming the same, prior to the issuance of a mandate in the cause, shall file with the Clerk a verified statement of taxable cost items showing that person has paid the same.
2. (b) A motion for appeal related attorney fees must be made by a separately filed and labeled motion in the appellate court prior to issuance of mandate, or in the applicant's brief on appeal in a separate portion that is specifically identified. The motion must state the statutory and decisional authority allowing the fees. See 12 O.S.Supp.1995 § 696.4(C). If the motion for attorney's fees is included in the brief and the court does not address the motion in its opinion the party shall re-urge the request by separate motion prior to mandate. In an appeal governed by Rule 1.36 a motion for appeal related attorney fees must be made by a separately filed and labeled motion in the appellate court prior to issuance of mandate.

Adopted by order of the Supreme Court, eff. Jan 1, 1997.