Okla. & Canadian Cntys. Local R. 8

A. REFILING OF CASES

A. When either a civil or criminal case is terminated other than on its merits and the

same cause of action is thereafter refiled, the case shall be returned to the judge to

whom it was originally assigned or the judge’s successor, without regard to its case

number or the judge assigned randomly upon refiling.

1. Where a criminal case has been dismissed by order of the assigned Judge

under the provisions of 22 O.S. Section 815, after the Judge has sustained a

motion to suppress and dismissed the case on motion of the District

Attorney for the reason the State has no more evidence to present and in the

event the case is refiled by the District Attorney, then the refiled case shall

be randomly reassigned to a Judge other than the one who previously ruled

on the motion to suppress and the Judge to whom the subsequen t refiled

case is assigned shall not be bound by the prior ruling on the motion to

suppress.

2. When a case is refiled under the conditions set forth in Paragraph(A)(1) of

this Rule and the assigned Judge is the same Judge who ruled on the motion

to suppress referred to in Paragraph (A)(1) of this rule, then the District

Attorney shall prepare an order citing this rule and present the order for

signature to the assigned Judge, ordering the Oklahoma County Court Clerk

to randomly assign the case to a different Judge and the District Attorney

shall then file the order with the Court Clerk and the Court Clerk shall then

cause the case to be randomly assigned to a different Judge.

Approved August 21, 2025 5

B. The procedure for transferring such case is as follows: The party filing the case

shall immediately bring it to the attention of the newly assigned judge who shall

execute a transfer order transferring the case to the Chief Judge for reassignment to

the original judge. Upon failure of the party filing the case to cause the case to be

reassigned in accordance with this rule, any other party or attorney representing a

party having knowledge of the previous filing shall cause the case to be reassigned

to the original judge.

C. Any party to the case or their attorney having knowledge that the case should be

reassigned and failing to act in accordance with this rule may be sanctioned by the

Court for violation of Local Court Rules.

D. It should be noted that it is the cause of action rather than the identity of the parties

that is determinative of whether or not the case comes within the scope of this rule

and should be reassigned.

E. Any re-filed case shall recite in the petition/information the style, case number, and

name of the assigned judge of the previously filed case.

1. Attorneys and pro se litigants shall file a written notice with the court if they

are aware, after reasonable inquiry, of any companion or related case(s) filed

in any court involving common property or common issues of fact or

growing out of the same transaction.

2. The notice of related or companion case(s) should provide the name of the

court, the judge, and the case number(s) of the related or companion case(s).