A. Post-Trial Motions Filed Within Ten (10) Days. When a post-trial motion for a new trial, for judgment notwithstanding the verdict, or to correct, open, modify, vacate or reconsider a judgment, decree or final order, other than a motion only involving costs or attorney fees, is filed within ten (10) days after the judgment, decree or final order is filed with the court clerk, an appeal shall not be commenced until an order disposing of the motion is filed with the court clerk. The unsuccessful party may then appeal from the order disposing of the motion within thirty (30) days after the date such order was filed. If the decision on the motion was against the moving party, the moving party may appeal from the judgment, decree or final order, from the ruling on the motion, or from both, in one appeal, within thirty (30) days after the filing of the order disposing of the motion. Successive appeals from the original judgment, decree or final order and the order disposing of the motion shall not be allowed.
§ 990.2.Time For Appeal - Effect of Post-Trial Motions
Chapter 15: Appeal and Error · Last amended November 1, 2004 · Last verified August 3, 2026
In one sentenceSection 990.2 controls when the appeal clock starts after a post-trial motion: a motion filed within ten days pauses the appeal deadline until it's ruled on, while one filed later neither pauses nor is affected by an appeal already underway, and a costs-or-fees-only motion never affects the deadline.
Full Text of § 990.2
B. Post-Trial Motions Filed After Ten (10) Days. The time to appeal from a judgment, decree or final order is not extended or affected by the filing of a motion to correct, open, modify, vacate or reconsider the judgment, decree or final order that is filed more than ten (10) days after the judgment, decree or final order is filed with the clerk of the trial court, and an appeal that is commenced before such a motion is filed is not premature. If the motion is filed after a petition in error is filed, the moving party shall advise the Supreme Court the motion was filed. If a petition in error is filed after such a motion is filed, the appellant shall advise the Supreme Court in the petition in error that the motion is pending. When the trial court disposes of the motion where a petition in error has been filed, the successful party shall advise the Supreme Court of the action taken on the motion.
C. If the appellant did not prepare the judgment, decree, or final order, and Section 696.2 of this title required a copy of the judgment, decree, or final order to be mailed to the appellant, and the court records do not reflect the mailing of a copy of the judgment, decree, or final order to the appellant within three (3) days, exclusive of weekends and holidays, after the filing of the judgment, decree, or final order, all times referred to in this section shall run from the earliest date on which the court records show that a file- stamped copy of the judgment, decree, or final order was mailed to the appealing party, rather than from the date of filing.
D. Costs and Attorney Fees. The filing of a motion for costs or attorney fees shall not extend or affect the time to appeal.
Amendment History
Added by Laws 1993, HB 1468, c. 351, §19, eff. 10/1/1993; Amended by Laws 1997, HB 1778, c. 102, §6, emerg. eff. 5/1/1997; Amended by Laws 2004, HB 2713, c. 181, §4, eff. 11/1/2004.
Plain-English Summary
Subsection A covers a post-trial motion — for a new trial, judgment notwithstanding the verdict, or to correct, open, modify, vacate, or reconsider the judgment — filed within ten days after the judgment is filed with the court clerk. That motion pauses the appeal: nobody can commence one until the trial court disposes of the motion, and then the losing side on the motion gets thirty days from that disposing order to appeal, whether from the original judgment, the ruling on the motion, or both together in a single appeal. Successive appeals from the two aren't allowed.
Subsection B flips the timing for a motion filed after ten days: it doesn't extend or affect the appeal deadline at all, and an appeal already commenced before that late motion is filed isn't premature — though whichever side is involved must notify the Supreme Court that the motion exists or has been resolved. Subsection C adjusts the running of all these deadlines when the appellant didn't prepare the order and wasn't timely served with it. Subsection D closes the loop: a motion aimed only at costs or attorney fees never extends or affects the time to appeal, no matter when it's filed.
Frequently Asked Questions
Does filing a motion for a new trial delay my deadline to appeal?
Yes, if it's filed within ten days after the judgment is filed with the court clerk — the appeal can't be commenced until the trial court disposes of that motion, and the losing party then gets thirty days from that ruling to appeal.
What if I file a motion to reconsider more than ten days after judgment?
Subsection B says it doesn't extend or affect the appeal deadline, and an appeal already started before that late motion won't be considered premature because of it.
Can I appeal from both the original judgment and the ruling on my post-trial motion?
Yes, subsection A lets you appeal from the judgment, the ruling on the motion, or both, in one appeal, within thirty days after the order disposing of the motion is filed — but successive separate appeals aren't allowed.
Does a motion for costs or attorney fees affect my appeal deadline?
No, subsection D says a motion aimed only at costs or attorney fees never extends or affects the time to appeal.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: post-trial motion appeal deadline Oklahoma12 O.S. § 990.2motion for new trial extend appeal time Oklahomaten day post-trial motion Oklahoma appeal