SECTION 375:25-3-10. Pleadings

(a)   As used in these Rules, "to file" means personal or certified mail delivery of the document to the OSBI. To file personally or by certified mail shall be done at the following address: Oklahoma State Bureau of Investigation, Self Defense Act Licensing Unit, 6600 North Harvey, Suite 300, Oklahoma City, Oklahoma 73116. Upon receipt of the documents presented in person or by mail for filing, a person designated by the Director shall file-stamp the document received on the date of receipt and shall retain the original document so filed.

(b)   Subsequent pleadings shall be captioned identically as the initiating document, signed by the party or his or her duly authorized representative, and filed in a timely manner; a party filing subsequent pleadings shall mail a copy of each document so filed to all parties by regular mail or by hand delivery, and certify such act.

(1)   Replies and Responses to pleadings are permitted at the discretion of the hearing examiner.

(2)   Motions filed seven (7) days prior to the hearing on the merits may be specially set for hearing if not heard at a pretrial conference unless the movant submits a Notice of Hearing.

(3)   Legal Briefs may be required by the hearing examiner upon his or her own motion or upon the motion of any party, or may be voluntarily submitted by counsel. The hearing examiner may limit the length of any brief he or she requests.

(4)   Amendments to the pleadings may be made orally on the record in a case and noted in the report of the hearing examiner where justice and expediency are served; otherwise, an amended document may be filed in the case and treated as the original document amended. No amendment shall be permitted which alters the original caption in any manner.

(5)   Dismissal of a case is accomplished by the filing of the appropriate document. Any dismissal shall set forth the status of the case and state whether the matter is dismissed with or without prejudice. The petitioner may at any time prior to the opening of the record dismiss the action. Such dismissal shall be signed by the OSBI General Counsel. After the record in any case has been opened, and pursuant to successful argument of a motion to dismiss, the hearing examiner may dismiss the case with or without prejudice. The prevailing party shall submit an order dismissing the case for the signature of the hearing examiner and the OSBI General Counsel.

(6)   Intervention, Joinder and Consolidation of Parties or Proceedings may be accomplished by motion of any person interested in the subject matter of the case.

(7)   Appeals from orders of the hearing examiner to State courts must be taken within thirty (30) days after the appellant is notified of the examiner's order.

[Source: Added at 13 Ok Reg 833, eff 11-16-95 (emergency); Added at 13 Ok Reg 3015, eff 7-11-96; Amended at 15 Ok Reg 3243, eff 7-13-98]