Rule 60 APPEALS

(A) Appeals to the Court of Civil Appeals-Court of Existing Claims Division (COCA-CEC Division) may be taken by filing an original and two (2) copies of a Request for Review within ten (10) days from the date the order appealed from was filed with the Court as reflected by the date of the file stamp thereon. No party may file a Motion For New Trial, a Motion For Reconsideration or a Petition for Rehearing before the assigned trial judge. The Request for Review shall include:

(1) The name of the trial judge from whose decision the appeal is taken;

(2) A copy of the order appealed;

(3) A specific statement of each conclusion of law and finding of fact urged as error. General allegations of error do not suffice. The party or parties appealing to the COCA-CEC Division will be bound by the allegations of error contained in the Request for Review and will be deemed to have waived all others; and

(4) A brief statement of the relief sought.

(B) No response to a Request for Review is necessary. A motion to Dismiss an Appeal for lack of jurisdiction based upon the time lines of the appeal, may be filed by the non-appealing party. Appeals to the COCA-CEC Division shall be strictly on the record made before the trial court. No new evidence shall be allowed. The Request for Review shall be accompanied by a non-refundable filing fee in the sum of One Hundred Seventy-five Dollars ($175.00).

(C) A designation of record shall be filed by the appealing party and a copy submitted to the court reporter and all other parties in the case concurrently with or before filing a Request for Review in all actions which are appealed to the COCA-CEC Division. The cost of preparing the transcript shall be advanced immediately by the designating party. The transcript shall be prepared and sent to all parties to the appeal within forty-five (45) days from the date the designation of record is filed.

(D) 1. Where a party believes that a memoranda brief would aid the COCA-CEC Division in its determination, the party may submit the brief and two copies thereof to the COCA-CEC Division on the date of oral argument. The party shall provide all opposing parties with a copy of the memoranda brief not later than three (3) days prior to oral argument.

(2) Memoranda brief shall not exceed five pages in length. The brief shall be submitted on 8 ½" x 11", paper with one inch margins and shall be double-spaced and prepared in no less than ten point type. No appendix or other documents shall be attached to the brief.

(E) The presiding judge, or in the absence of the presiding judge, the judge who is the most senior in terms of service or designee, shall preside at oral argument.

(F) Oral argument shall be held in any site selected by the Presiding Judge of the COCA-CEC Division. Oral argument shall be limited to ten (10) minutes to each side unless the time is enlarged by leave of the Court. Any party failing to appear when the appeal is called for oral argument shall be deemed as having waived the right to argue the case and the appeal shall be considered as being submitted on the record. If a basis of the appeal involves medical evidence, other disputed questions of fact, or if there is controlling or significant appellate authority, three sets of relevant documents, excerpts of the trial transcript, deposition testimony, or decisions shall be presented to the COCA-CEC Division at the time of oral argument and shall be exchanged with opposing parties prior to oral argument.

(G) The Presiding Judge of the COCA-CEC Division may authorize, in his/her sole discretion, any proceeding of the COCA-CEC Division to be conducted using videoconferencing technology and any such proceeding shall be conducted in the same manner as any proceeding conducted in person at one site. Any Judge of the COCA-CEC Division may appear using videoconferencing technology at any proceeding of the COCA-CEC Division in the sole discretion of the judge. All proceedings of the COCA-CEC Division shall be recorded by a court reporter of the Court. Any party requesting a transcript of the proceedings shall bear the costs associated with its preparation. Any designation of the record for the COCA-CEC Division Court en banc shall be governed by the applicable Rules of Appellate Procedure in civil cases as adopted by the Oklahoma Supreme Court. During the pendency of an appeal to the COCA-CEC Division, the trial court shall retain jurisdiction over any issue not affected by the eventual ruling of the appellate body. See, Waddle v. State Industrial Court, 1964 OK 169 , 394 P.2d 511 .