SECTION XVI. APPEAL FROM ORDER GRANTING OR
DENYING A PRETRIAL MOTION SEEKING IMMUNITY
FROM PROSECUTION PURSUANT TO SECTION 1289.25(F) OF
TITLE 21 OF THE OKLAHOMA STATUTES

Rule 16.3 Notice of Intent to Appeal; Stay

Any party appealing an order granting or denying immunity from prosecution pursuant to Section 1289.25(F) must announce in open court its intent to appeal. An order staying proceedings shall be entered pending the outcome of the appeal. See 22 O.S. §§ 1051(D), 1053. An appeal by either party from a pretrial order granting or denying immunity from prosecution is commenced by trial counsel filing a written Notice of Intent to Appeal and Designation of Record with the district court clerk within ten (10) days from date the order being appealed is pronounced in open court or filed with the district court clerk, whichever date is earlier. See Rule 2.5 and Form 13.4. The filing of the Notice of Intent to Appeal and Designation of Record in the district court is jurisdictional and failure to timely file constitutes waiver of the right to appeal. A certified copy of the Notice of Intent to Appeal and Designation of Record shall also be filed by trial counsel with the Clerk of this Court within ten (10) days from the date the Notice is filed in the district court.