In Re Amendment of the Rules of the Court of Criminal Appeals of the State of Oklahoma

2009 OK CR 14, 226 P.3d 26, 2009 Okla. Crim. App. LEXIS 28, 2009 WL 3259773

• Court: Court of Criminal Appeals of Oklahoma
• Decided: October 12, 2009
• Docket: CCAD-2009-2
• Status: Published

Opinions

ORDER ADOPTING AMENDMENT TO RULE 1.11 AND SECTION XIII, FORM 13.2

¶ 1 Pursuant to the provisions of Title 22 ©.9.2001 § 1051(b), we hereby revise, adopt, promulgate and republish portions of Rule 1.11., APPLICATION IN FORMA PAU-PERIS, Rule 1.11, Rules of the Oklahoma Court of Crimimal Appeals, Title 22, Ch.18, App. (2009) and Form 18.2 AFFIDAVIT IN FORMA PAUPERIS, Form 18.2, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2009).

1 2 The rule is revised as follows (striketh-rough denotes deleted words, bold denotes added words):

Rule 1.11. Application in in Forma Pau-peris

Any person who asserts indigeney and an inability to pay the filing fees required under these Rules must execute and file with the Clerk of this Court an "Affidavit in in Forma Pauperis," verified before a notary public or other person authorized to administer oaths, or as specified in Rule 1.13(L). Any false statement of a material fact therein may serve as the basis for prosecution for perjury. PROVIDED HOWEVER, a certified copy of Form 18.4 of these Rules determining indigency for the filing being submitted may be substituted. See Form 18.2.

A pleading shall not be considered filed in this Court until such time as the filing fee is paid or an "Affidavit in in Forma Pau-peris" is properly filed. This Rule shall not apply to filings of writs of habeas corpus. See 12 0.8.2001 § 1855.

13 The form is revised as follows (strik-ethrough denotes deleted words, bold denotes added words):

Form 18.2. Affidavit in-Forma-Pauperis in Forma Pauperis

The Affidavit -Forma-Pauperis in Forma Pauperis must be in the following form:

AFFIDAVIT IN FORMA PAUPERIS

STATE-OEFOKLAHOMA)

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COUNTFYOQF

I, _,. -first sworn,-depose-and state that I am a poor person without funds or property or relatives willing to assist me in paying for filing the within instrument. ILunderstand of-basis £ I ion £ . ry. I state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct. Signed this e day of » 20 _- at

(Print City, County, & State) (Signature of Affiant )

(Print Name) Subscribed 4 bof hi day of. 20 Gay-O% (Notary-Public) My Commissi o

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T4 These revisions shall become effective on the date of this order.

¶ 5 IT IS SO ORDERED.

T6 WITNESS OUR HANDS AND THE SEAL OF THIS COURT.

/s/ Charles A. Johnson CHARLES A. JOHNSON, Presiding Judge

/s) Arlene Johnson ARLENE JOHNSON, Vice Presiding Judge

/s/ Gary L. Lumpkin GARY L. LUMPKIN, Judge, Concur in Part, Dissent in Part

/s/ Charles S. Chapel CHARLES S. CHAPEL, Judge, Concur in Result

/s) David B. Lewis DAVID B. LEWIS, Judge