Rule 2.3 Time for Completion of Record
A. Ready for Transmission. The record on appeal in both felony and misdemeanor cases must be made ready for transmission in sufficient time to assure the notice of completion of record reaches the office of the Clerk of this Court within ninety (90) days from the date the Judgment and Sentence is imposed. In capital cases the record must be made ready for transmission in sufficient time to ensure the notice of completion of record reaches the office of the Clerk of this Court within six (6) months from the date the Judgment and Sentence is imposed.
B. Duties of Trial Court Clerk on Completion of Record. The clerk of the trial court shall:
(1) Notification of Parties. Notify all parties or their counsel (appellate counsel, the attorney general and the district attorney) in writing when the record on appeal has been completed and is ready for transmission. This notice/transmittal letter shall include an index of the record to be submitted on appeal together with the notifications required byRule 2.2; and
(2) Notification of Clerk of Court of Criminal Appeals. Notify in writing the Clerk of this Court, within ninety (90) days in misdemeanor or regular felony cases and six (6) months in capital cases from the date of the Judgment and Sentence, when the record on appeal has been completed for transmission and that all the parties to the action, or their counsel, have been advised in writing to that effect. This Notice shall include an index of the record to be submitted on appeal together with the notifications required by Rule 2.2; or
(3) When Record Incomplete. If the record is not prepared within ninety (90) days as required by Section 1054 of Title 22, or six (6) months as required by Section 701.13 of Title 21, the trial court clerk shall file with the Clerk of this Court a report stating what portion of the record is assembled and ready for transmission. The clerk of the trial court shall also report what portions of the record are not yet complete, and why. This notice must be filed within five (5) days after the date the records were due to be complete and ready for transmission to this Court, and copies of the notice must be sent to the appellate attorney, the district attorney and the attorney general. The trial court clerk shall subsequently file with the Clerk of this Court a notice of completion of record within five (5) days of the completion of the record on appeal.
(4) Applicability.The requirements of this Section are applicable in all appeals except applications for extraordinary relief, Section X, wherein the Rules specifically require the petitioner to file the record with the Petition. In addition, the expedited procedure in Section VII relating to appeals of certification and reverse certification questions shall control as to those cases.
C. Duty of Clerk of Court of Criminal Appeals. The Clerk of this Court shall, within ten (10) days after the receipt of the trial court clerk's notification of the completion of record, issue a notice to transmit two (2) certified copies of the original record and the original and one (1) certified copy of the transcripts to the Clerk of the Court of Criminal Appeals and one certified copy of the original record and transcripts, to include copies of exhibits, to either the Oklahoma Indigent Defense System, pursuant to Section 1362 of Title 22 , or the retained or other appointed counsel of record on appeal. In capital post-conviction cases in which the Oklahoma Indigent Defense System or another attorney has been appointed to represent an indigent defendant in an application for post-conviction relief, the Clerk shall include in the notice to the District Court clerk that an additional certified copy of the record on appeal is to be transmitted to the Oklahoma Indigent Defense System or other attorney. See Sections 1054 and 1089 (B) of Title 22. The Clerk of this Court shall send copies of the Notice to Transmit to all parties or their counsel (the appellate attorney, the district attorney and the attorney general). See Section 1054 of Title 22. Upon receipt of the records and transcripts, the Clerk of this Court shall deliver one (1) certified copy of the record and transcripts to the Attorney General, or attorney representing the State.