For the purpose of resolving conflicts that arise in scheduling between the Tulsa and Oklahoma City locations of this Court:
A. An attorney shall not be deemed to have a conflict unless:
- 1. The attorney is lead counsel in two or more of the actions affected in which the attorney has filed an Entry of Appearance; and
- 2. The attorney certifies in writing that the matters cannot be adequately handled, and the client's interests adequately protected, by other counsel for the party in the action or by other attorneys in lead counsel's firm.
B. In resolving scheduling conflicts, the following priorities should ordinarily prevail:
- 1. Trials and en banc appellate proceedings shall prevail over administrative proceedings;
- 2. Trials for temporary total disability and medical treatment issues shall prevail over nature and extent trials and permanent disability trials;
- 3. Trials shall prevail over en banc appellate proceedings, temporary issue docket matters, prehearings, settlement conferences and mediations; and
- 4. En banc appellate proceedings shall prevail over temporary issue docket matters, prehearings, settlement conferences and mediations.
- C. Upon learning of a scheduling conflict the attorney with the conflict shall give prompt notice and certification as required in subsection (A)(2) of this rule, at least three (3) days before the conflict, to opposing counsel and both assigned judges (or to opposing counsel, the assigned judge and the Court Administrator, if the conflict involves an administrative proceeding) along with a proposed resolution of the conflict. If the proposed resolution includes rescheduling of one or more matters it shall comply with the guidelines set forth in subsection B of this rule.
- D. Upon receipt of an attorney's notice of conflict and proposed resolution, the involved judges shall confer concerning the proposed resolution and either approve same or modify as will best serve the interests of the court and parties in the discretion of the judges involved.
Adopted by order of the Supreme Court,