A. An appeal to the Supreme Court of Oklahoma, if taken, must be commenced by filing a petition in error with the Clerk of the Supreme Court of Oklahoma within thirty (30) days from the date a judgment, decree, or appealable order prepared in conformance with Section 696.3 of this title is filed with the clerk of the trial court. If the appellant did not prepare the judgment, decree, or appealable order, and Section 696.2 of this title required a copy of the judgment, decree, or appealable order to be served upon the appellant, and the court records do not reflect the service of a copy of the judgment, decree, or appealable order to the appellant within three (3) days, exclusive of weekends and holidays, after the filing of the judgment, decree, or appealable order, the petition in error may be filed within thirty (30) days after the earliest date on which the court records show that a copy of the judgment, decree, or appealable order was served upon the appellant.
§ 990A.Appeal to Supreme Court By Filing Petition In Error - Rules - Record On Appeal - Premature Appeal - Designation of Record
Chapter 15: Appeal and Error · Last amended November 1, 2017 · Last verified August 3, 2026
In one sentenceSection 990A sets the core mechanics of appealing to the Oklahoma Supreme Court: a thirty-day deadline to file a petition in error, rules on cross-appeals and transcript procedure, relief for a premature appeal, and the certifications a district court clerk must see before accepting a record on appeal.
Full Text of § 990A
B. The filing of the petition in error may be accomplished either by delivery or mailing by certified or first- class mail, postage prepaid, to the Clerk of the Supreme Court. The date of filing or the date of mailing, as shown by the postmark affixed by the post office or other proof from the post office of the date of mailing, shall constitute the date of filing of the petition in error. If there is no proof from the post office of the date of mailing, the date of receipt by the Clerk of the Supreme Court shall constitute the date of filing of the petition in error.
C. The Supreme Court shall provide by rule, which shall have the force of statute, and be in furtherance of this method of appeal:
1. For the filing of cross-appeals;
2. The procedure to be followed by the trial courts or tribunals in the preparation and authentication of transcripts and records in cases appealed under this act; and
3. The procedure to be followed for the completion and submission of the appeal taken hereunder.
D. In all cases the record on appeal shall be complete and ready for filing in the Supreme Court within the time prescribed by rule.
E. Except for the filing of a petition in error as provided herein, all steps in perfecting an appeal are not jurisdictional.
1. If a petition in error is filed before the time prescribed in this section, it shall be dismissed as premature; however, if the time to commence the appeal accrues before the appeal is dismissed, the appellant may file a supplemental petition in error, without the payment of any additional costs. Such supplemental petition in error shall state when the time for commencing the appeal began and shall set out all matters which have occurred since the filing of the original petition in error and which should be included in a timely petition in error. When a proper supplemental petition in error is filed, the appeal shall not be dismissed on the ground that it was premature.
2. If an appeal is dismissed on the ground that it was premature, the appellant may file a new petition in error within the time prescribed in this section for filing petitions in error or within thirty (30) days after notice is mailed to the parties which states that the appeal was dismissed on the ground that it was premature, whichever date is later. A notice that an appeal was dismissed on the ground that it was premature shall include the date of mailing and the ground for dismissal.
1. No designation of record shall be accepted by the district court clerk for filing unless it contains one of the following:
a. where a transcript is designated: A signed acknowledgment from the court reporter who reported evidence in the case indicating receipt of the request for transcript, the date received, and the amount of deposit received, if applicable, in substantially the following form: I, ________, court reporter for the above-styled case, do hereby acknowledge this request for transcript on this ____day of____, 20__, and have received a deposit in the sum of $____., or
b. where a transcript is not designated: A signed statement by the attorney preparing the designation of record stating that a transcript has not been ordered and a brief explanation why, in substantially the following form: I, ________, attorney for the appellant, hereby state that I have not ordered a transcript because:
(1) a transcript is not necessary for this appeal, or
(2) no stenographic reporting was made.
2. No counter-designation of record shall be accepted by the district court clerk for filing unless it contains one of the following:
a. where additional transcript is designated: A signed acknowledgment from the court reporter who reported evidence in the case indicating receipt of the request for transcript and the date received, in substantially the following form: I, ________, court reporter for the above-styled case, do hereby acknowledge this request for transcript on this ____day of____, 20__., or
b. where no additional transcript is designated: A signed statement by the attorney preparing the designation of record stating that a transcript has not been ordered and a brief explanation why, in substantially the following form: I, ________, attorney for the appellant, hereby state that I have not ordered a transcript because:
(1) no additional transcript is necessary for this appeal, or
(2) no stenographic reporting was made.
Amendment History
Amended by Laws 2017, c. 147, s. 1, eff. 11/1/2017. Added by Laws 1991, SB 24, c. 251, § 15, emerg. eff. 6/1/1991; Amended by Laws 1993, HB 1468, c. 351, § 18, eff. 10/1/1993; Amended by Laws 1994, SB 1076, c. 343, §5, eff. 9/1/1994; Amended by Laws 1997, HB 1778, c. 102, §7, emerg. eff. 5/1/1997; Amended by Laws 2002, HB 1939, c. 468, §6, emerg. eff. 11/1/2002; Amended by Laws 2011, SB 940, c. 13, §1, eff. 11/1/2011.
Plain-English Summary
Section 990A supplies the statutory backbone for filing a civil appeal in Oklahoma. Subsection A sets the deadline: a petition in error must reach the Clerk of the Supreme Court within thirty days of the date the trial court clerk files the judgment, decree, or appealable order. If the appellant didn't prepare that order and the record doesn't show timely service on the appellant, the clock instead starts from the date the record shows service occurred. Subsection B lets the petition be delivered or mailed, with the postmark, other post-office proof, or the clerk's receipt date fixing the filing date.
Subsections C and D hand the Supreme Court rulemaking authority — with the force of statute — over cross-appeals, transcript and record procedure, and the steps for completing an appeal, and require the record on appeal to be ready within whatever time those rules set. Subsection E narrows what's truly jurisdictional: only filing the petition in error itself is; every other step in perfecting the appeal is not.
Subsection F addresses a premature petition in error, filed before the appeal deadline accrues: rather than a fatal dismissal, the appellant can file a supplemental petition without added cost once the deadline does accrue, or, if the appeal was already dismissed as premature, file a new petition within the normal deadline or within thirty days of notice of that dismissal, whichever is later. Subsection G then locks down the paperwork for the record itself — the district court clerk can't accept a designation or counter-designation of record unless it comes with a court reporter's signed acknowledgment of a transcript request, or a signed attorney statement explaining why no transcript was ordered.
Frequently Asked Questions
How long do I have to file a petition in error in Oklahoma?
Thirty days from the date the judgment, decree, or appealable order is filed with the trial court clerk, or, if you didn't prepare the order and weren't timely served, thirty days from the date the record shows service on you.
What happens if I file my petition in error too early?
Subsection F says it will be dismissed as premature, but you can file a supplemental petition in error, without paying additional costs, once the appeal deadline accrues, and doing so keeps the appeal from being dismissed as premature.
Is every step in perfecting an appeal jurisdictional?
No — subsection E says only the filing of the petition in error is jurisdictional; every other step in perfecting the appeal is not.
What does the district court clerk require before accepting a designation of record?
Either a signed acknowledgment from the court reporter confirming a transcript request and any deposit received, or a signed statement from the attorney explaining why no transcript was ordered.
Who sets the rules for cross-appeals and record procedure under this section?
The Supreme Court, by rules that subsection C says carry the force of statute.
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: petition in error deadline Oklahoma12 O.S. § 990Apremature petition in error Oklahomadesignation of record transcript Oklahoma appeal