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Rules of the Court for the Municipal Criminal Court of the City of Tulsa

1 Payment of Fines - NEW 2 Proof of Insurance - NEW 3 Add-On Policy - NEW 4 Divisions of the Court 5 Times of Dockets 6 Assignment of Cases 7 Reassignment of Cases 8 Continuances 9 Presentation of Orders 10 Consolidation of Cases 11 Notification of Entry of Appearance of Private Counsel 12 Withdrawal of Counsel 13 Expungement 14 Affidavit of Indigency 15 Motions 16 Pretrial Conferences 17 Trial Procedures 18 Voir Dire Examination 19 Uniformity of Ruling 20 Courtroom Conduct 21 Media 22 Exhibits 23 Calling of Jury Docket 24 Contempt Power 25 Dress Code - NEW 26 Electronic Signatures-NEW

RULE 1--PAYMENT OF FINES (NEW)

1.1 PAYMENT All fines and costs are due in full by 5pm on the day the final plea is entered by the Court.

1.2 TIME PAY ORDER If time to pay is requested, the Court may conduct a hearing to determine a defendant's ability or inability to pay. If the Court grants a Time Pay Order (TPO), the defendant's first payment is due by 5PM on the day the Order is entered.

1.3 COMMUNITY SERVICE When the defendant does not have the ability to pay or enter into a TPO, the Court may, after a hearing, enter a community service 'work day' order (WDO).

1.4 NO ADDITIONAL EXTENSIONS If a TPO or a WDO is granted, judicial approval of the terms of payment or community service shall be recorded in writing. Once an initial TPO or WDO order is granted, there will be no additional extensions granted.

1.5 JUDICIAL DISCRETION Any willful violation of Rule 1 may result in incarceration. Any exception to Rule 1, whether it be in the form of a TPO, WDO or incarceration is solely at the discretion of the Court.

RULE 2--PROOF OF INSURANCE AND/OR DRIVERS' LICENSE (NEW)

2.1 PROOF 48 HOURS BEFORE COURT A person charged with a ticket for having no proof of liability insurance, or who was charged with No Drivers' License on their person, may be entitled to an automatic dismissal with no court costs if they can show or produce acceptable written proof that liability insurance and/or a drivers' license was in full force and effect at the time the ticket was written, by showing that proof to the Records Department of the Tulsa Municipal Court up to 48 hours prior to their first court appearance (anytime between the hours of 8 a.m. and 5 p.m.)

2.2 PROOF WITHIN 48 HOURS OF ARRAIGNMENT If a person so charged does not provide proof to the Records Department prior to 48 hours of their first appearance, they must show acceptable proof to the Court on the date of their first appearance to be entitled to a dismissal with no costs.

RULE 3--ADD-ON POLICY (NEW)

3.1 ADDING ON AFTER MISSED APPEARANCE. Any person who has missed a Court appearance may add their case on to be heard only as provided by this rule Monday through Friday between the hours of 8 a.m. and 9 a.m. A defendant or his Attorney may appear at the Records Division and ask that their ticket(s) be added to that morning's docket call.

3.2 JUDICIAL DISCRETION Any exception to this rule is solely at the Court's discretion.

RULE 4. DIVISIONS OF THE COURT

There shall be three (3) divisions of the Municipal Criminal Court of the City of Tulsa. For the convenience of the public, each shall be designated by color.

Division and Color Designation
I		Blue
II		Green
III		Red
Division assignment shall be made by the Presiding Judge.

RULE 5. TIMES OF DOCKETS

The following dockets shall be called in each court division at the time indicated. Each division shall receive and maintain an individual docket, which shall constitute its calendar.


Docket	Time
Arraignment	8:30 a.m. Mon. thru Fri.
Disposition/Conference	9:30 a.m. Mon. thru Fri.
Reviews/Revocations/Accelerations	10:30 a.m. Mon thru Fri.
Pretrial Mo. Hrgs./Non Jury Trials	2:00 p.m. Mon. thru Thurs

RULE 6. ASSIGNMENT OF CASES

Arrest Persons arrested shall be assigned to divisions of the court by booking personnel, alternating between the three divisions utilizing the color coded form (TUL 4268-2) or as directed by the bench warrant.

Citation Any person receiving a citation and desiring a court appearance shall contact, in person, the calendar clerk in the Court Records and be assigned to the appropriate division according to the last digit of the citation number.

Last Digit Division

1 thru 3 I

4 thru 6 II

7 thru 0 III

RULE 7. REASSIGNMENT OF CASES

If a judge is disqualified or a case needs to be reassigned for any reason said case shall be referred to the Presiding Judge for reassignment. Upon the reassignment, the Presiding Judge shall notify the Court Clerk and each Judge affected thereby.

RULE 8. CONTINUANCES

Continuances shall be granted by the court only upon a showing of good cause and for a period no longer than the circumstances require. In ruling upon motions for continuances, the court shall consider not only the request or consent of the prosecutor or defense, but the public interest in the prompt disposition of the case. Motions for continuance should be in writing to properly reserve the record for appeal.

Legislative-lawyer continuances shall be granted pursuant to state statute.

Opposing counsel shall be notified as soon as practicable of any anticipated request for continuance.

RULE 9. PRESENTATION OF ORDERS

Every order pertaining to an assigned case is to be presented to the judge to whom the case is assigned.

RULES 10. CONSOLIDATION OF CASES

All questions of consolidating two or more cases concerning the same defendant, or arising out of the same series of acts, or concerning several defendants arising out of acts shall be presented by motion. All such motions shall be determined by the judge before whom is pending the first of such cases filed. If it is ordered that such cases shall be consolidated or be handled by the same judge, then the other case or cases shall be reassigned by the Presiding Judge to that judge before whom is pending the first of such cases filed.

RULE 11. NOTIFICATION OF ENTRY OF APPEARANCE OF PRIVATE COUNSEL

In cases in which private counsel accepts employment to represent a client who is represented by the Public Defender's office, written notice of such entry or appearance shall be given immediately to the court and to the Public Defender's office.

RULE 12. WITHDRAWL OF COUNSEL

In any case regularly set for trial, any application for permission to withdraw as counsel for a defendant shall be presented to the judge at least ten (10) days before the date upon which the case is set for nonjury trial or before the pretrial date set in a jury matter, unless good cause can be shown to support a belated application based on unforeseen circumstances.

RULE 13. EXPUNGEMENT

Defendants who receive a deferred judgment and successfully complete their probation are entitled to have the verdicts or pleas of guilt expunged or removed from their records such that it will appear to the public that the case has been dismissed.

RULE 14. AFFIDAVIT OF INDIGENCY

The public defender shall be satisfied that each person who requests the services of the public defender is, in fact, indigent. The judge may order the public defender to prepare an affidavit of indigency and each such affidavit shall be submitted for approval by the court and filed in the case.

RULE 15. MOTIONS

All motions other than motions to withdraw as counsel and demurrers, shall be filed at least ten (10) days prior to the nonjury trial date or, in jury matters, on or before the scheduled pretrial date for the particular case with which it is concerned. All motions, except motions to withdraw and motion for continuance, must be accompanied by citations of authority in support thereof.

All motions, and accompanying authorities when required, shall be filed with the minute clerk of the respective division in which the case is to be heard, and counsel shall obtain a hearing date from the clerk at the time the motion is filed.

Attorneys filing motions shall deliver, personally or by mail, to opposing counsel of record copies thereof on the same day and a statement as to such delivery or mailing shall be noted on the original instrument filed.

Hearings on motions shall be scheduled at 2 p.m., Monday through Thursday, and, if not presented when called, the court, in its discretion, may strike, continue or rule upon the motion. Motions stricken by the court for failure to present will not be reset, except by order of the court for good cause shown.

It shall be the responsibility of the moving party to secure the attendance of all witnesses necessary to the proper hearing of the subject matter of the motion. Counsel desiring personal service of such subpoenas shall be responsible for obtaining said service, using the means provided by law.

RULE 16. PRETRIAL CONFERENCES

If at arraignment the defendant demands a jury trial, a pretrial conference shall be scheduled for the first available pretrial disposition docket prior to the jury trial date. Before the pretrial date, the defendant or his counsel may obtain a recommendation from the prosecutor.

The defendant may:

Accept the recommendation and file the transmittal with the minute clerk of the appropriate court division who will strike the defendant's case from the pretrial docket, eliminating the need to appear. The defendant's case will then be scheduled for disposition.
Present the defendant's case at the pretrial conference for further consideration or enter a plea at that time, or request a trial date.
Reject the recommendation and waive the matter to a nonjury trial docket if the prosecutor agrees. The prosecutor's assent and the judge's authorization must be reflected on the waiver form. Waiver forms for cases waived to nonjury trial setting must also bear signatures of the prosecutor and the judge. If the defendant obtains a trial date, he may still accept the recommendation on or before the last working day of the month before the date of the trail.

RULE 17. TRIAL PROCEDURES

All trials in the Municipal Criminal Court of Record shall be in accordance with the provisions of the Code of Criminal Procedure relating to trial of misdemeanor cases in the District Court.

RULE 18. VOIR DIRE EXAMINATION

The judge shall initiate the voir dire examination of jurors by identifying the parties and their respective counsel. He may outline the nature of the case. The issues of fact and law to be tried, and may then put to the jurors any questions regarding their qualifications to serve as jurors in the cause on trial. The parties or their attorneys shall be allowed a reasonable opportunity to supplement such examination.

Counsel shall scrupulously guard against injecting any argument in their voir dire examination and shall refrain from asking a juror how he would decide hypothetical questions involving law or facts. Counsel shall avoid repetition, shall not call jurors by their first names, or indulge in other familiarities with individual jurors, and shall be fair to the Court and opposing counsel.

RULE 19. UNIFORMITY OF RULING

When a question of law or procedure has been presented to a judge, counsel shall not thereafter knowingly present the question to another judge sitting in the Municipal Court without apprising the judge of the former judge's ruling or, if no ruling has been made, that such question has already been presented to the first judge.

RULE 20. COURTROOM CONDUCT

Except persons engaged in the trial of the matter being heard, no one shall be permitted to stand in the courtroom while court is in session unless instructed to do so by the Court. When a case is called for trial, the defendant must sit at the counsel table, absent prior permission by the judge.

The use of tobacco, in any form, in any of the courtrooms is forbidden.

When a case is called for trial, the defendant must sit at the counsel table absent prior permission by the judge.

No unnecessary noise, talking or reading shall be permitted in the courtroom at any time and individuals are requested to leave the courtroom in the event it is necessary to confer regarding a pending case. No cell phones or pagers are allowed.

The bailiff in each division shall preserve order and quiet in the courtroom and hallways adjacent thereto whenever court is in session, and will, at all times, observe strict compliance with these rules or call attention of the Court to any deviation therefrom.

Both the prosecutor and defense counsel shall support the authority of the Court and the dignity of the trial courtroom by strict adherence to the rules of decorum and by manifesting an attitude of professional respect toward the judge, opposing counsel, witnesses, defendants. Jurors, and others in the courtroom.

When court is in session, counsel shall address the Court and should not address opposing counsel directly on any matter relating to the case.

Counsel shall comply with all orders and directives of the court, but he has a duty to have the record reflect adverse rulings or judicial conduct which he considers prejudicial to his client's or the city's legitimate interests.

RULE 21. MEDIA

Except as expressly permitted by the individual judge, the use of cameras and other broadcasting equipment is prohibited inside the courtroom.

RULE 22. EXHIBITS

No exhibit offered or admitted in evidence shall be removed from the courtroom or from the custody of the court reporter without permission of the judge, and a written receipt shall be taken from the person receiving it.

RULE 23. CALLING OF JURY DOCKET

On the Friday before the first day of each jury term, the docket shall be sounded in each court division at 2 p.m., the order of business shall be as follows:

Each defendant must personally appear.
Plea and sentence/disposition announcements accomplished.
Cases are ordered in numerical sequence by the judge. Each judge shall have the responsibility of determining the order of trial.

RULE 24. CONTEMPT POWER

The Court has the power to punish any contempt in order to protect the rights of the parties and the interests of the public by assuring that the administration of justice shall not be thwarted.

RULE 25-DRESS CODE (NEW)

25.1 ATTORNEY DRESS CODE Attorneys should dress in a fashion that will materially contribute to the dignity of the forum, the profession and the practice of Law. Men should wear coats and ties; women should wear suitable conservative attire.

25.2 DEFENDANTS AND VISITORS It is important that defendants and visitors understand that appropriate dress for the Court is always required. The Court is a place of business and all parties should wear clean, fitted clothes. Shirt and shoes are required. Attorneys should consult with their clients and witnesses in advance as to proper courtroom decorum and dress.

Rule 26-ELECTRONIC SIGNATURES (NEW)

In Municipal Court proceedings, whenever a signature is required, the signature may be accomplished by an electronic or digital signature as defined in Title 12A, Section 15-102 of the Oklahoma Statutes.

The Court shall give legal effect to any such signature so long as the Court is satisfied that the signature in question reflects an act by the signor to authenticate or approve a document.

ADDENDUM OF COSTS AND ASSESSMENTS

In addition to all costs in criminal actions provided by the laws of the State of Oklahoma and the Revised Ordinances of the City of Tulsa, Oklahoma, the court costs, penalties, and assessments given herein shall be assessed against and collected by the Clerk of the Municipal Court or the appropriate finance official of the City from all parties convicted of violations of the Revised Ordinances of the City of Tulsa and from all parties ordered to pay court costs in those crimes described in Subsections E and F herein.

Conviction includes any final adjudication of guilt, including all parties pleading guilty to such violations, all parties pleading nolo contendere, and parties entering a plea on a suspended or deferred judgment, unless otherwise stated or unless such costs are suspended by a Judge of the Municipal Court.

1. Arraignment $35.00

2. Non-Jury Trial $30.00

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