Ritchie, Rock & Atwood Law Firm

Exploring Eminent Domain with Nick Atwood on The Eminent Domain Podcast

Thu, 28 Nov 2024 12:05:16 GMT

Nick Atwood on Oklahoma ED Procedure, Litigation Strategy, and Taking a Six-Year Case to Trial

Nick Atwood, a seasoned trial lawyer with Ritchie Rock & Atwood, was recently featured on The Eminent Domain Podcast . In this engaging episode, Nick breaks down the legal landscape of eminent domain in Oklahoma, sharing invaluable insights on discovery, procedural strategies, and client advocacy. Whether you’re a landowner facing a government taking or a legal enthusiast, this episode offers a compelling look into the intricacies of condemnation law.

Available for streaming on Apple Podcasts , Audible , Spotify , Amazon Music , Google Podcasts , and iHeart Radio , this episode is a must-listen for anyone interested in property law.

Understanding Eminent Domain in Oklahoma

Nick provided listeners with a deep dive into the eminent domain process in Oklahoma. Eminent domain, also known as condemnation, allows the government to take private property for public use while compensating the landowner. While this concept may sound straightforward, disputes often arise over property valuation, the necessity of the taking, and procedural compliance.

The Case Against the Oklahoma Turnpike Authority

In one of the episode’s highlights, Nick recounts a landmark six-year case against the Oklahoma Turnpike Authority. This case tested his legal acumen as it involved complex issues of valuation and procedural law. The eventual outcome exemplifies the importance of tenacity and legal expertise in securing fair compensation for landowners.

Key Legal Insights from the Podcast

Discovery and Preparation: Nick shared tips on effective discovery, emphasizing preparation and client collaboration. His focus on client testimony ensures that landowners are confident and well-prepared for cross-examination.

Valuation Disputes: Addressing cases where landowners value their property higher than appraisers, Nick discussed negotiation tactics and how to present compelling evidence to support a client’s claim of “highest and best use” .

Negotiating with Opposing Counsel: Even when negotiations reach an impasse, Nick’s advice underscores the importance of maintaining professionalism and strategic planning to build a strong case for trial.

A Lighter Side: Personal Stories

The episode also included light-hearted moments, such as Nick reminiscing about his first car and imagining life in outer space. These anecdotes added a personal touch, showing a more human side of legal practice.

Why This Matters

Eminent domain cases can significantly impact landowners, and understanding your rights is critical. Nick Atwood’s experience and approach to handling these cases provide a blueprint for ensuring fair treatment and compensation under the law.

Learn More About Eminent Domain with Ritchie Rock & Atwood

If you or someone you know is navigating an eminent domain case, the experienced team at Ritchie Rock & Atwood is here to help. With a proven track record in defending landowners’ rights, we’re dedicated to achieving fair and just outcomes.

Listen Now:

Stream The Eminent Domain Podcast on Apple Podcasts , Audible , Spotify , Amazon Music , Google Podcasts , and iHeart Radio .

Schedule a Free Consultation Today:

Call us at 888-848-4558

A Landmark Victory: The Brewer Family's Fight for Just Compensation

Mon, 08 Apr 2024 16:15:04 GMT

In a recent, heartening verdict, an Oklahoma County jury awarded the Brewer family approximately $2.9 million, marking a significant victory in their prolonged battle against the Oklahoma Turnpike Authority (OTA). This case, handled by Ritchie Rock & Atwood Law Firm, highlights the critical importance of seeking just compensation in eminent domain proceedings and underscores our unwavering commitment to defending our clients' rights.

The Heart of the Matter

The Brewers' ordeal began in 2018 when they were informed that their home, along with 46 acres of their property, lay in the path of the planned Kickapoo Turnpike. This wasn't just any property; it was their custom-built, 3,600 square-foot family home—a place they intended to be their forever home. The OTA's acquisition forced the Brewer family to vacate within a mere 30 days, initiating a legal and emotional battle for fair compensation.

The OTA initially offered the Brewers $826,000, an amount that starkly contrasted with the family's and their legal team's valuation of the property. After a thorough and rigorous legal process, including expert appraisals and a four-day trial, the jury sided with the Brewers, awarding them $2.970 million.

A Testament to Resilience and Expert Advocacy

This verdict is not just a financial relief for the Brewers; it's a profound affirmation of their rights and a testament to their resilience. The jury's decision reflects the comprehensive evidence and arguments presented by Ritchie Rock & Atwood, demonstrating the firm's dedication to ensuring their clients receive the compensation they rightfully deserve.

Nick Atwood, attorney and partner at Ritchie Rock & Atwood, remarked on the outcome, "We're pleased to see our clients receive the appropriate compensation after everything they lost and have been through. The jury saw everything, from the original offer to trial testimony, and unanimously concluded that OTA's opinion of just compensation was wrong."

Beyond the Verdict: The Importance of Just Compensation

Eminent domain cases, where the government takes private property for public use, necessitate a fair balance between the needs of the public and the rights of the individuals affected. The constitutional guarantee of just compensation is fundamental to this balance, ensuring that individuals are not disproportionately burdened by public projects.

This case serves as a poignant reminder of the challenges property owners face and the critical role of skilled legal representation in navigating these disputes. It underscores the necessity of advocating for property rights and the importance of receiving just compensation for taken property.

Looking Forward

At Ritchie Rock & Atwood, we understand the emotional and financial toll these cases can take on individuals and families. Our approach to each case is rooted in a deep understanding of the law and a commitment to personalized, compassionate advocacy. The Brewer family's case is a prime example of our firm's dedication to justice and the impactful results that can be achieved through tenacity and expertise.

If you or someone you know is facing a similar legal challenge, we invite you to reach out to us. Our team is prepared to guide you through the complexities of the legal system and fight for the compensation and justice you deserve.

To learn more about our services or to schedule a free consultation, contact us today at 888-848-4558. Let us stand by your side in your legal journey, just as we did for the Brewer family.

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Ritchie, Rock & Atwood Partner, Nick Atwood, Joins the Prestigious Counselors of Real Estate®

Sun, 11 Jun 2023 13:22:09 GMT

Elevating Expertise: Nick Atwood's Election to the Counselors of Real Estate® Organization

Ritchie, Rock & Atwood, a leading Oklahoma law firm, proudly announces the election of Partner and Attorney, Nick Atwood, to the esteemed Counselors of Real Estate® (CRE) organization. Mr. Atwood's new affiliation underlines his exceptional expertise in the real estate industry and his continual commitment to providing top-tier legal services to clients across the state.

The Counselors of Real Estate, established in 1953, is a global consortium of accomplished real estate professionals who offer expert advice on complex real property matters. The organization consists of 1,000 professionals from various disciplines, reflecting more than 60 disciplines across all asset types and classes, providing reliable and objective advice on real property issues.

Being selected to join the CRE is a significant honor, as only the brightest minds in real estate are invited to become members. Through this esteemed affiliation, Mr. Atwood will collaborate with industry leaders worldwide, providing his clients with unparalleled insights and solutions to their most complex real estate challenges.

Mr. Atwood's membership underscores his exceptional knowledge and contributions to the real estate industry. His legal practice, focused on property law, eminent domain law, business law, municipal law, estate law, employment law, family law, and tribal law, spans across Oklahoma. His keen insights, strategic thinking, and unwavering commitment to excellence have earned him a stellar reputation within the real estate and legal communities.

"We are thrilled about Nick's membership in the Counselors of Real Estate," said K. Ellis Ritchie, Managing Partner of Ritchie, Rock & Atwood. "This recognition is a testament to Nick's hard work, dedication, and the exceptional service he provides to his clients."

Mr. Atwood expressed his gratitude for this recognition, stating, "I am honored to join the ranks of the Counselors of Real Estate. I am excited about the opportunities for collaboration, learning, and growth that this membership offers. I look forward to using my experience and insights to contribute to the real estate community and address the challenges that lie ahead."

Ritchie, Rock & Atwood is committed to protecting individuals, businesses, and property across Oklahoma by delivering premier legal representation tailored to the unique details of each client's case. The firm offers a wide range of legal services, including business law, real estate law, eminent domain law, family law, and criminal defense, among others 2 . With a history of over 50 years of combined legal experience and a track record of success, including over 80 completed jury trials and 20 published appellate opinions, the firm continues to shape the law in Oklahoma.

To learn more about Ritchie, Rock & Atwood and their services, you can contact them at group@rrmalaw.com or call them on their toll-free number, 888-848-4558 2 .

Protecting Private Property Rights

dritchie@rrmalaw.com (Daniel Ritchie) — Wed, 15 Feb 2023 15:07:32 GMT

OCA Welcomes Kim Ellis Ritchie as Oklahoma's Sole Representative

Owners' Counsel of America (OCA), a national organization of eminent domain attorneys, has announced the addition of Kim Ellis Ritchie to its roster. Mr. Ritchie is the owner and founder of Ritchie, Rock & Atwood, and has been selected to join the exclusive group of lawyers who have outstanding experience in representing private property owners in eminent domain cases.

Mr. Ritchie practices in the areas of business, agricultural, and real estate law, and has extensive experience in civil litigation. He has tried over 75 jury trials in his career, and has a deep understanding of eminent domain law, having represented many private property owners in such cases. His selection as the sole representative of Oklahoma in the organization is a testament to his experience and dedication to representing private property owners in eminent domain cases.

Leslie Fields, OCA's Executive Director, expressed her excitement over the addition of Mr. Ritchie to the organization. She noted that the selection process for new members is rigorous, and that OCA aims to find "leading lawyers" in each state who have both the expertise and the passion for representing private property owners in eminent domain cases. Mr. Ritchie's appointment reinforces OCA's commitment to providing the best possible representation to private property owners across the United States.

OCA's membership is limited to just one member per state, and the organization prides itself on representing private property owners against "all types of property takings and powerful condemning authorities." With the addition of Mr. Ritchie, OCA's membership now includes 50 attorneys from across the United States.

Eminent domain is the power of the government to take private property for public use, with just compensation paid to the property owner. However, disputes can arise over the definition of "public use" or the amount of compensation offered. Private property owners often find themselves at a disadvantage in such cases, and OCA exists to help level the playing field and ensure that their rights are protected.

Read the announcement on the OCA website here: https://www.newswire.com/news/owners-counsel-of-america-elects-two-new-state-members-21951517

The Essential Eminent Domain Concepts

Mon, 07 Nov 2022 14:41:25 GMT

A clash of two bedrock principals of our legal tradition

Eminent domain cases are a clash of two bedrock principals of our legal tradition: The sacrosanct right of property owners to own and exercise control over their property and the sovereign state’s power to take private property from an individual for the benefit of the public. The origins of eminent domain date back to the Old Testament of the Bible. King David offered and paid Araunah compensation for his threshing floor to ultimately build an altar to the Lord to stop the plague. In the United States, the concept of eminent domain is recognized by the Takings Clause of the Fifth Amendment to the United States Constitution. The Takings Clause states that private property shall not be taken for public use without just compensation. Read More

Ritchie Rock & Atwood Win Argument in Oklahoma Supreme Count Eminent Domain Case

Mon, 09 May 2022 09:41:42 GMT

March 8, 2022 the Supreme Court of Oklahoma issued its decision in favor of the landowners who were represented in the case by the team at Ritchie Rock & Atwood. In the decision entitled Vicky Barnett d/b/a River Valley Mobile Home Community vs. Okay Public Works Authority and LLG Construction, Inc and Western Surety Co, Appeal No. 117,792 the Firm continues to shape the law in Oklahoma with its 19th published Appellate Court Decision.

The Supreme Court ruled March 8, 2022 that the jury’s verdict of $73,350 against the Okay Public Works Authority (OPWA) will stand effective and the landowner will be compensated.

Ritchie Rock & Atwood represented River Valley Mobile Home Community in this suit against the OPWA for the commission of an inverse condemnation taking and damaging of property. The OPWA alleged that it had the legal right, and was doing the landowner a favor by unilaterally moving into the small family owned mobile home park business and digging up their water and sewer lines and replacing them as part of a larger community water and sewer project. Problem was, that the OPWA and its contractor failed to get any easements to do the project, refused to stop digging when requested to do so by the owners, and did not properly perform the work which resulted in sewer lines being improperly installed such that it caused sewage backups in the homes. A classic case of “Big Brother”, the government, lacking regard for private property rights of the citizens.

At trial, after Ritchie Rock & Atwood, filed suit on behalf of the landowner the government tried a very unique argument. The government argued that it could not be sued for inverse condemnation because the OPWA, a public trust, lacked the statutory authority to taken the property by the power of eminent domain. The government argued that if it didn’t have the power to take property, then it could not be sued for taking property by inverse condemnation. It argued that it had the power to condemn property for water lines but not for sewer lines. After the jury found against OPWA, the OPWA appealed the case. The appeal was assigned to the Court of Civil Appeals and the COCA ruled in favor of the government. Ritchie Rock & Atwood applied for a review of the COCA decision by the Oklahoma Supreme Court. Ritchie Rock & Atwood argued on appeal that such a reading of the law created a situation in which the toilet could be filled but could not be flushed and was absolutely an incorrect and strained reading of the law. The Supreme Court agreed with Ritchie, Rock & Atwood, reversed the decision of the Civil Court of Appeals and upheld the landowner’s judgment against the government.

ACCESS Oklahoma - First Public Meeting in Norman

Sat, 05 Mar 2022 16:35:05 GMT

On March 3rd, City of Norman Ward 5 Councilman Rarchar S. Tortorello held the first public meeting on the new turnpike proposed by the Oklahoma Turnpike Authority. Several impacted property owners asked our firm to attend the meeting. Over 500 people assembled to learn more about the proposed turnpikes and have their questions answered by the representatives from Poe & Associates, who is the Project Manager.

Several more meetings are planned concerning the proposed turnpikes and our firm will be in attendance at these events. Should you have any questions concerning the projects or your constitutional rights as a property owner we are happy to schedule a time to discuss your questions and concerns.

To learn more concerning the ACCESS Oklahoma Turnpike Plan visit our dedicated information page.

How to leave real estate to another person without a will or trust

Tue, 22 Feb 2022 11:08:35 GMT

ESTATE PLANNING TIP

Our attorneys are frequently asked by their clients how they can leave real estate to another person without doing so in a will or in a trust.

In Oklahoma, the answer to this question is frequently to use a “ Transfer On Death Deed ” . A Transfer On Death Deed is a special kind of deed which a person can execute and record in the county land records to leave property to another person, or fractional interests to multiple people, which is only effective on the grantor’s death.

Until the property owner dies, the deed can be cancelled or changed by them if he or she changes his or her mind or develops a different plan for the property. The property owner can still sell or mortgage the property even though he or she has recorded a Transfer On Death Deed.

Protect Your Real Estate During Your Lifetime

Generally speaking, a person should never just add a child or other person to their present deed. If you add someone to your deed and that person goes through a divorce or gets a judgment granted against them, it could result in the loss of that property. A Transfer On Death Deed does not create this problem. Grantee’s creditors and others, such as ex-spouses, cannot claim the property while the current property owner is still alive.

Estate Planning is a very important matter and there are numerous tools available such as the Transfer On Death Deed. You should always consult an attorney when you are making estate planning decisions to ensure that you remain protected during your lifetime and that the proper estate planning tools are used to carry out your plans when you pass away.

Past final convictions of Native American defendants on Indian reservations are valid according to the Oklahoma Court of Criminal Appeals

Thu, 12 Aug 2021 21:09:56 GMT

Court rules McGirt ruling doesn't apply retroactively

On Thursday, the Oklahoma Court of Criminal Appeals ruled that the U.S. Supreme Court's decision (McGirt) was not retroactive. Therefore, past final convictions of Native Americans on Indian reservations are valid. The court said "new rules of criminal procedure generally apply to cases pending on direct appeal when the rule is announced, with no exception for cases where the rule is a clear break with past law”.

>> see complete decision issued 8/12/21 in State vs Wallace PR-2021-366

Briana Brakefield joins RRMA team

Mon, 03 May 2021 12:49:00 GMT

The Ritchie, Rock, McBride & Atwood Law Firm (RRMA) is proud to announce that Briana Brakefield has joined the team of legal professionals at the Firm as an associate attorney. Briana received her Juris Doctorate Degree from The University of Tulsa College of Law. Prior to law school Briana earned a Masters Degree in Social Work while pursuing a career in Child Welfare at the Department of Human Services. Briana grew up in Adair and now makes her home in Pryor with her husband, Matthew, and two sons, JB and Zade.

Mr. Ritchie states:

The post Briana Brakefield joins RRMA team appeared first on Ritchie, Rock, McBride & Atwood Law Firm .

Unborn Fetus is a Child under Criminal Child Negligence Statute According to Oklahoma Court

Tue, 22 Sep 2020 19:15:00 GMT

On September 10, 2020, the Oklahoma Criminal Appeals Courts issued a ruling in State v Green.

In the case, a Mother gave birth to a stillborn son. The decomposing deceased infant was found inside a wooden box that had been placed in a construction dumpster. The medical examiner determined the infant’s manner of death was homicide from methamphetamine toxicity while in the womb.

The State alleged that the Mother neglected her unborn child by using illegal drugs while the unborn child was under the age of 18.

The Mother argued that the fetus is not defined as a child under the age of 18 because a fetus is not a child until separated from mother at birth.

The Court reviewed another 1994 case that held a viable human fetus is nothing less than human life. The 1994 case determined an unborn fetus that was viable at the time of injury is a ‘human being’ which may be the subject of a homicide if killed.

Applying the same analysis, the Court ruled that “A child several weeks away from birth … is every bit as vulnerable to and in need of protection from neglect and its potential harm as a child one minute after birth.” “Oklahoma law … is to protect children, born and unborn, from potential harm because they cannot protect themselves.”

The post Unborn Fetus is a Child under Criminal Child Negligence Statute According to Oklahoma Court appeared first on Ritchie, Rock, McBride & Atwood Law Firm .

Supreme Court Rules Nearly Half of Oklahoma Is Indian Reservation Land

Thu, 09 Jul 2020 18:13:00 GMT

On July 9th 2020 the United States Supreme Court ruled in a 5-4 decision that Oklahoma did not have jurisdiction to prosecute major crimes involving a Native American within the historical boundaries of the Creek Indian reservation in eastern Oklahoma because Congress failed to formally undo the Muscogee (Creek) Nation’s 19th century reservation.

Therefore a large part of eastern Oklahoma, including much of Tulsa, falls within an Indian reservation.

The question before the high court involved a case brought by Jimcy McGirt, a member of the Seminole Nation , who argued that his case must be tried by the federal government because the crimes were committed on land historically allocated to the Muscogee (Creek) Nation.

Today’s ruling most likely is one of the most consequential legal victories for Native Americans in decades. It could have far-reaching implications for the almost two million people who live across what is now deemed Native American territory by the Supreme Court. Because under the law, crimes involving Native Americans on a reservation are under federal, not state, jurisdiction.

RRMA is admitted to practice in all federal district courts of Oklahoma.

Get in touch

The post Supreme Court Rules Nearly Half of Oklahoma Is Indian Reservation Land appeared first on Ritchie, Rock, McBride & Atwood Law Firm .

Coronavirus News Ticker – Pottawatomie County

Sun, 29 Mar 2020 14:00:00 GMT

Information about the current developments in Pottawatomie County related to Coronavirus (COVID-19)

The Coronavirus Pandemic (COVID-19) is impacting people’s lives everywhere in the world. We will provide current information on the development in Pottawatomie county (Oklahoma). For more general information, please visit the World Health Organisation’s website . We also provide a coronavirus news ticker for Mayes County.

Information

Join the Shawnee Happy Hour Zoom Bingo Party on Thursdays for some social distance fun here .

Pottawatomie County is opening drive-thru COVID-19 testing clinic. More information here .

The Tulsa Mayor G.T. Bynum has issued mandatory shelter-in-place order for all citizens of all ages through April 16. Norman and Oklahoma City have also issued shelter-in-place orders.

There are now 377 positive cases of coronavirus (COVID-19) in Oklahoma. Two in Pottawatomie county . The total number of deaths in Oklahoma has increased to 15.

A Declaration of Emergency within the City of Shawnee has been issued. As of March 20th, 2020 at 1:15 P.M. The Declaration of Emergency has been amended as follows:

Telephone-based mass notifications systems are used by thousands of public safety agencies across the United States to warn citizens about local emergencies, hazards and other threats. Hyper-Reach, a state of the art emergency notification system designed specifically for public safety is bringing this same life-saving capability to Shawnee. Landline phones are automatically enrolled for alerts, but alerts to mobile phones and email addresses are only included when people enroll. Residents and people who work in the City of Shawnee are encouraged to enroll now either by calling or texting “Alert” to 405-915-0029 or by going to the website:

http://hyper-reach.com/okshawneecitysignup.html

Shawnee Public Schools are providing meal delivery for students – the
route is located here

The Community Market has shifts open for volunteers during the weekday
and weekend. The contact person is Emily Heath at
emily@ourcommunitymarket.org phone number 405-788-4957 ext. 106.

The YMCA is offering child care for first responders and other
individuals deemed critical. The YMCA phone number is 405-273-4386
Donate to Shawnee YMCA here .

Here you can find Virtual Exercise Classes: Shawnee YMCA / YMCA 360, https://ymca360.org/

Donations

Find a list of all Shawnee restaurants doing takeout, curbside and delivery here .

Prescription or Grocery Delivery, Life.Church Shawnee, (405)-695-6600

Elder Grocery Shopping 5:00 am – 6:00 am — Shawnee Firelake Discount
Foods — https://www.firelakefoods.com/

Elder Grocery Shopping 6:00 am – 7:00 am — Tecumseh, McCloud Firelake
Discount Foods — https://www.firelakefoods.com/

Daily Dinner and Snack Daily for ages 0-18, Boys and Girls Club, Call
(405) 273-1470

Looking for legal advice? Please visit our practice areas.

The post Coronavirus News Ticker – Pottawatomie County appeared first on Ritchie, Rock, McBride & Atwood Law Firm .

Coronavirus News Ticker – Mayes County

Tue, 24 Mar 2020 16:52:00 GMT

Information about the current developments in Mayes County related to Coronavirus (COVID-19)

The Coronavirus Pandemic (COVID-19) is impacting people’s lives everywhere in the world. We will provide current information on the development in Mayes County (Oklahoma). For more general information, please visit the World Health Organisation’s website .

11 August 2020

As of this advisory, there are 44,728 confirmed positive cases of COVID-19 in Oklahoma of which 326 have been reported in Mayes County. The number of deaths in Mayes County is currently at 6.

According to the COVID-19 alert system provided by the OSDH, Mayes County is in the “yellow” risk-category (low risk) as of Friday, 6th of August 2020 with 9.38 cases per 100,000 people.

27 July 2020

According to the COVID-19 alert system provided by the OSDH, Mayes County is in the “orange” risk-category as of Friday, 24th of July 2020. This category indicates a “moderate” risk. Please finde more information about recommended behavior for you as an individual and as a business here .

The number of confirmed COVID-19-Cases is currently at 31,285 in Oklahoma of which 246 are registered in Mayes County. OSDH continues to monitor closely the statewide hospitalization trends for COVID-19.

21 July 2020

According to the OSDH there are currently 27,147 confirmed positive cases of COVID-19 in Oklahoma of which 192 are registered in Mayes County. A total of five Coronavirus-related deaths were reported in Mayes County.

In its efforts to continuously develop robust contact tracing across the State, the OSDH will begin using text messaging in addition to phone calls to reach out to contacts.

17 July 2020

There are 24,140 confirmed positive cases of COVID-19 in Oklahoma, of which 153 are located in Mayes County. A total of five Coronavirus-deaths were reported in Mayes County until today.

According to the OSDH’s, Interim Commissioner Lance Frye announced the new COVID-19 alert system on July 9. This 4-color, county-by-county alert system was built using the White House’s methodology model for new cases per 100,000 population, and it adds an additional color criteria with the “orange” risk category. With OSDH’s alert system, in order for a county to be elevated to the “red risk” category, one of four additional gates must be met that would indicate emerging challenges in the delivery of healthcare services.

As of today, Mayes County is still in the low risk category (yellow). However, neighboring counties Delaware County and Rogers County are among the 15 counties, which have been moved to the “orange” risk zone today. The orange risk zone indicates a moderate risk.

16 July 2020

There are currently 23,441 confirmed positive cases of COVID-19 in Oklahoma of which 151 are recorded in Mayes County. The number of deaths has remained at five people in Mayes County.

Oklahoma Governor Kevin Stitt announced yesterday that he has tested positive for SARS-CoV-2. Governor Stitt sought out a test after feeling fatigued and had not developed common symptoms, such as fever or shortness of breath. He continues to feel good and is following CDC guidelines by quarantining. In Wednesday’s press conference, interim Commissioner Lance Frye said based on the Governor’s symptoms and timing of his test, the Governor became contagious no earlier than Saturday. All points of contact have been notified and are following quarantine guidance.

15 July 2020

There are currently 22,813 confirmed positive cases of COVID-19 in Oklahoma of which 148 are recorded in Mayes County. The number of deaths has remained at five people in Mayes County. According the the COVID-19 Alert System , the risk for Mayes county is currently indicated as “low” (yellow phase).

Vital Records will open its doors today to provide limited in-person services by appointment only. Vital Records currently offers affordable and robust online services with a Will Call pilot service planned to launch in August.

For more information, visit coronavirus.health.ok.gov.

14 July 2020

According to the Oklahoma State Department of Health, as of this advisory, there are 21,738 confirmed positive cases of COVID-19 in Oklahoma of which 139 are in Mayes County. The number of deaths has remained at five people in the county.

COVID-19 Cases have been rapidly increasing since June in both the state of Oklahoma and the U.S. as a whole. However, according the the COVID-19 Alert System, which was introduced last week, the risk for Mayes county is currently indicated as “low” (yellow phase).

For more information, visit coronavirus.health.ok.gov.

10 July 2020

As of this advisory, there are 19,092 confirmed positive cases of COVID-19 in Oklahoma of which 114 are in Mayes County. There are 416 total deaths in the state of which 5 occured in Mayes County

The Oklahoma State Department of Health announces the Oklahoma COVID-19 Alert System ; a four-tiered risk measurement tool with corresponding color categories that identify the current COVID-19 risk level. This tool offers the public and local elected officials an easy way to recognize each county’s risk level. OSDH will update the alert system every Friday in the 11AM Situation Update based on a 7-day rolling average of new cases.

For more information, visit coronavirus.health.ok.gov.

01 May 2020

According to the Oklahoma State Department of Health, there are currently 3,618 confirmed positive cases of COVID-19 in Oklahoma of which 22 are in Mayes county. The total number of deaths has increased to 222 people of which 4 occured in Mayes county.

On Tuesday, Governor Kevin Stitt called for all COVID testing locations and providers to expand access to all Oklahomans who desire to be tested, even without demonstrating symptoms. A list of COVID-19 testing sites in the state can be found here .

Drive-thru coronavirus testing is now available at the Oklahoma Health Center in coordination with the University of Oklahoma. If you are experiencing symptoms, please call 405-271-7774 to make an appointment.

09 April 2020

There are 1,684 confirmed positive cases of coronavirus (COVID-19) in Oklahoma of which 12 have been recorded in Mayes county. The total number of deaths has increased to 80, Mayes county has two recorded deaths caused by coronavirus.

The Oklahoma State Department of Health reminds the public to only call 911 for true medical emergencies such as trouble breathing, persistent pain or pressure in the chest, new confusion or being incoherent or having bluish lips or face. Those with other concerns should contact a medical provider.

Furthermore, please avoid to spend the easter holidays in large gatherings and focus an virtual meetings with your loved ones. We wish you and your families save holidays and stay healthy!

05 April 2020

There are currently 1,252 confirmed positive cases of coronavirus (COVID-19) in Oklahoma of which nine have been registered in Mayes county. The number of deaths is currently at 46 of which one is in Mayes county.

Local public health departments around the state continue to offer drive-thru COVID-19 testing locations across the state. Find the drive-thru locations by clicking here .

02 April 2020

City Council for Pryor held emergency meeting Wednesday, 4/1 and enacted an amended emergency ordinance requiring all inhabitants to stay at home excepting only those employed in Critical Sectors as defined by the Department of Homeland Security and Governor of Oklahoma. All businesses not identified as being a Critical Sector business was also ordered closed. A copy of the ordinance can be viewed on the city’s web site at www.Pryorcreek.org

The Oklahoma State Department of Health provided the information that the commissioner of Health Gary Cox issued a letter notifying county health departments that all coronavirus (COVID-19) testing centers and providers are to loosen requirements for Oklahomans to be tested.

“The State, to include the Oklahoma State Department of Health and Oklahoma State University, has supplies today to process 13,000 COVID-19 tests,” stated Commissioner Cox in the letter. “Anyone with symptoms of COVID-19, or those who have been in direct contact with someone diagnosed with COVID-19, may be tested this week.”

Governor Kevin Stitt and Commissioner Cox are asking for anyone with symptoms of coronavirus (COVID-19) or those who have been in direct contact with someone who has been diagnosed to be administered a test this week.

In accordance with Center for Disease Control and Prevention (CDC) guidelines, COVID-19 symptoms must include fever of 100.4F, cough and shortness of breath.

01 April 2020

There are currently 719 confirmed positive cases of coronavirus (COVID-19) in Oklahoma of which five are in Mayes county. The number of deaths in the state has climbed to 30, also the first death has been recorded in Mayes county.

Drive-thru testing sites are open today:

31 March 2020

The Oklahoma State Department of health reports 565 confirmed positive cases of coronavirus (COVID-19) in Oklahoma of which four are confirmed in Mayes county . There are 23 total deaths in the state.

REMINDER: Governor Stitt’s “Safer at Home” order includes the following guidelines for all 77 counties until April 30:

29 March 2020

There are now 429 positive cases of coronavirus (COVID-19) in Oklahoma. Three in Mayes county.

Governor Stitt’s “Safer at Home” Executive Order remains in place thru April 30 for all 77 counties in Oklahoma, requiring those over the age of 65 as well as immunocompromised children and adults to shelter at home unless getting groceries, attending a medical appointment, or participating in a daily exercise.

28 March 2020

The Tulsa Mayor G.T. Bynum has issued mandatory shelter-in-place order for all citizens of all ages through April 16. Norman and Oklahoma City have also issued shelter-in-place orders.

There are now 377 positive cases of coronavirus (COVID-19) in Oklahoma. The total number of deaths has increased to 15.

On Tuesday, March 31 the Pryor City Council and Mayor will conduct a further special emergency meeting to review the City’s temporary emergency ordinance restricting public and business activities in light of the changing status of the coronavirus (COVID-19) pandemic.

The state launched a website Friday to coordinate corporate PPE donations across the state to get critical protective equipment to health care professionals who are on the front lines of delivering coronavirus (COVID-19) care: ppedonation.ok.gov

27 March 2020

Currently 322 confirmed cases in Oklahoma of which two are in Mayes county and two in Pottawatomi county. The total number of deaths in OK is currently at 8.

Mayes County District Judge entered an emergency order as follows:

The Oklahoma Supreme Court issued a further emergency order providing:

Never in history has this ever occurred previously!

OSDH urges the public to follow the Governor’s “Safer at Home” executive order advising vulnerable populations and those over the age of 65 to stay home until 4/16 and for non-essential businesses in counties with coronavirus (COVID-19) cases to temporarily suspend services until 4/16. The CDC also recommends the public to stay home, practice social distancing, hand washing, and specifically for those who are sick to isolate for up to 14 days.

26 March 2020

Currently 248 confirmed cases in Oklahoma. Two reported in Mayes county and two in Pottawatomi county.

Confusion over the legal enforcement of the Governor’s emergency executive order prompted the Oklahoma attorney general to issue a formal legal opinion indicating that a violation of the governor’s executive order on coronavirus (COVID-19) is an arrestable offense by law enforcement officers and violators are subject to misdemeanor fines and jail time.

In order to protect the health of the public and reduce the number of staff in the office, the Oklahoma State Department of Health (OSDH) will temporarily suspend lobby and mail application services for Vital Records until further notice. This includes the offices in Oklahoma City, McAlester and Tulsa.

25 March 2020

Governor Stitt issued an amended emergency order 3/25 exercising local powers to identify certain businesses as critical sectors of economy to remain in operation with restrictions. In order to find out whether your business is allowed to continue its operations, please visit the link below.

>> See the complete list here

24 March 2020

The Pryor City Council will hold a special meeting on 3/24 at 6:00 p.m. to consider issuing emergency ordinance placing mandatory restrictions on certain activities and businesses to protect public health.

In one week from 3/17 to 3/24 the number of coronavirus (COVID-19) confirmed cases has risen from 17 to 106.

Oklahoma Governor Kevin Stitt announced today 3/24 an Executive Order advising people to stay at home and to avoid groupings of 10 or more people. Do not visit nursing homes, retirement or long-term care facilities.

Oklahoma Governor Stitt issued an Executive Order impacting citizens primarily as follows:

23 March 2020

The first case of COVID-19 has been reported in Mayes County. The State of Oklahoma is working to implement mobile testing sites for coronavirus in all counties of Oklahoma.

22 March 2020

Due to the coronavirus outbreak state and fedaral tax filing deadlines have been extended from 4/15 – 7/15

Looking for legal advice? Please visit our practice areas.

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Avoid Fraud: Do Not Abbreviate the Year 2020!

Fri, 03 Jan 2020 17:53:00 GMT

We want to make everyone aware of an issue when dating documents in 2020. When you sign and date any document in 2020, do not abbreviate the year. Be sure to write out the year ‘2020’ in full. An abbreviation of the year can easily be fraudulently changed.

Example: Todays date is of January 3, 2020. If written as 1/3/20, it can easily be changed to 1/3/2019 by someone writing in the last two numbers if you abbreviate the year on your documents. To help prevent fraud, be sure and write the entire year on your dates: 1/3/2020.

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McBride Invited to Give CLE Presentation to Delaware County Bar Association

Wed, 13 Nov 2019 22:14:00 GMT

Chase McBride gave a presentation to the members of the Delaware County Bar Association today after being invited to speak on Grand Parental Right in Oklahoma. Mr. McBride has previously been published in the Oklahoma Bar Journal and given several speeches to other Bar Associations on the topic.

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McBride Selected to Super Lawyers 2019 Oklahoma Rising Stars List

Mon, 11 Nov 2019 16:06:00 GMT

We are pleased to announce that Chase McBride, a Partner at our Firm, has been selected to Super Lawyers 2019 Oklahoma Rising Stars list as a Top Rated General Litigation Attorney. This is an exclusive list, recognizing no more than 2.5% of attorneys in the state.

To be eligible for the Rising Stars list, a candidate must be either 40 years old or younger, or in practice 10 years or less.

Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

Attorneys are selected from more than 70 practice areas and all firm sizes, assuring a credible and relevant annual list. The annual selections are made using a patented multiphase process that includes:
• Peer nominations
• Independent research by Super Lawyers
• Evaluations from a highly credentialed panel of attorneys

The objective of Super Lawyers is to create a comprehensive and diverse listing of exceptional attorneys to be used as a resource for both referring attorneys and consumers seeking legal counsel. The selected result is a credible, comprehensive and diverse listing of exceptional attorneys.

The Super Lawyers and Rising Stars lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in their practice of law.

Please join us in congratulating Chase McBride on his selection.

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MCBRIDE PUBLISHED IN THE OKLAHOMA BAR JOURNAL

Thu, 07 Nov 2019 16:05:00 GMT

Mr. McBride was published in the October, 2019 Oklahoma Bar Journal. The October Journal is focused on ‘Appeals’. Mr. McBride’s article explains the process of filing Interlocutory Appeals specifically. Interlocutory Appeals are appeals made before a final decision is Ordered in a case. Knowledge of how and when to file an Interlocutory Appeal is a great tool for attorneys. The article is published in the Bar Journal to help other lawyers and advance the education and practice of the law within the State of Oklahoma.

To read the online version of Mr. McBride’s article, visit the Oklahoma Bar Journal here: Interlocutory Appeals in Oklahoma

Or for the full the version of the October Oklahoma Bar Journal, click her: Full October Oklahoma Bar Journal

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New signs at Pryor Office

Thu, 25 Jul 2019 15:51:00 GMT

Drive-by traffic may notice the new signs being installed today at our Pryor office.

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Ritchie swears in new mayor

Mon, 06 May 2019 16:00:00 GMT

Kim Ritchie, as the City of Attorney for the City of Pryor Creek, had the privilege of swearing in the City’s new Mayor and other officials today at the City Hall. The primary role of the City Attorney is to act as the legal adviser to, and attorney and counselor for, the municipality and all of its officers in matters relating to their official duties.

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New office location & partner in Shawnee

Thu, 14 Mar 2019 16:02:00 GMT

Our firm is excited to announce the addition of Nick Atwood as a Partner to our law firm and the opening of a new office in Shawnee, Oklahoma. Our firm already represents clients in the Pottawatomie and Oklahoma County areas. The addition of Mr. Atwood and our new office location in Shawnee will help all of our attorneys better serve our existing clients in the central Oklahoma area as well as provide services for new clients.

Nick’s practice is focused on general civil litigation, property law, eminent domain law, business law, municipal law, estate law, employment law, family law, and tribal law. He is licensed to practice in the Oklahoma State Courts and in the United States District Court for the Western District of Oklahoma. More information can be found regarding Mr. Atwood on his full biography located in the Attorneys section of our web page.

The Shawnee Office is located at 116 N. Bell Ave., Shawnee, OK 74801.

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Merry Christmas from our firm

Sat, 15 Dec 2018 16:09:00 GMT

Merry Christmas from everyone at Ritchie, Rock & McBride Law Firm. We hope your holidays will be filled with joy and laughter through the New Year. Thank you for your continued support and partnerships. We look forward to serving you in the years to come. Merry Christmas!

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Annual Angel Tree Giving

Mon, 03 Dec 2018 16:12:00 GMT

Christmas is a time about giving and family. Our firm is blessed to be able to take part in the Mayes County Angel Tree to help provide for children and youth in the area who will otherwise go without. We encourage all to take part in your area’s Angel Tree. As of today, the Mayes County Angel Tree still has approximately 60 of this year’s 700 children remaining on the tree waiting to be picked up. Mayes County has a total population of only around 40,000 total including adults.

To learn how you can participate in the Mayes County Angel Tree, you can call the Pryor Chamber of Commerce at: 918-825-0157.

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New Oklahoma Laws

Sat, 03 Nov 2018 21:47:00 GMT

Oklahoma has several news laws that went into effect on November 1, 2018. Below is a brief synopsis of the laws:

Lottery

Traffic

Criminal

Education

State Declarations

Religious Protection

Administrative

Landlord/Tenant

The post New Oklahoma Laws appeared first on Ritchie, Rock, McBride & Atwood Law Firm .

Recent Development in negligence claims against employers

Thu, 20 Sep 2018 21:53:00 GMT

The Oklahoma Court recently held that a business negligently entrusting an employee with a vehicle can be held liable for a separate and distinct claim from the respondent superior doctrine if the employee is involved in a crash.

The Oklahoma Supreme Court issued an Opinion on September 18, 2018 in Fox v. Mize that an employer’s liability for negligently entrusting a vehicle to an unfit employee is a separate and distinct theory of liability from that of an employer’s liability under the respondeat superior doctrine. Even an employer’s stipulation that an accident occurred during the course and scope of employment does not bar a separate negligent entrustment claim.

What is the respondeat superior doctrine (also called vicarious liability)? The term Respondeat Superior is Latin that translates to “Let the Master Speak for Himself”. This law requires an employer to be liable for the acts of an employee if the act was conducted within the scope of their employment.

This case arose when a truck driver was in an accident that killed a motorcyclist while the truck driver was driving for his employer. The administrator of the deceased estate brought a lawsuit for negligence against the truck driver and against the employer under the respondeat superior theory. The administrator also sued the employer for negligent entrustment of allowing the driver to drive the businesses vehicle.

The court held that this was proper because the negligence claim under the respondeat superior theory was for a separate and distinct act than the act of negligently entrusting the driver to drive the business vehicle.

How can this affect a business? The Court stated, “Employers employing unfit and unqualified drivers cannot insulate themselves from a negligent entrustment claim simply by stipulating that the employee driver was acting in the course and scope of employment.”

If you own a business, you need to make sure you have a procedure and are following it when entrusting any of your employees with a vehicle (or other action for that matter). If you follow a proper established procedure to ensure that your employees are properly trained and prepared for the tasks you give them, you will be better prepared to defend a similar claim if one arises against your business.

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Coffee Companies ordered to carry cancer warnings in California

Fri, 30 Mar 2018 15:43:00 GMT

A Los Angeles Judge has ordered that coffee companies such as Starbucks must put Cancer Warnings on their coffee products that are sold within California. The ruling was based on potential carcinogens being used during the roasting process of the coffee beans. One of the chemicals, acrylamide, is used to make the beans more flavorful, but has been linked to potential cancer in mice.

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2018 Interest Rates on Oklahoma Judgments

Mon, 15 Jan 2018 15:49:00 GMT

2018 Interest Rates: In accordance with 12 O.S. 2013 Supp. §727.1 (I), the post-judgment interest rate to be charged on judgments for the calendar year 2018 shall be 6.50 percent. Also, the prejudgment interest rate for the calendar year 2018 shall be 0.92 percent (applicable to actions filed on or after January 1, 2010). These interest rates will be in effect from January 1, 2018, through December 31, 2018. – Oklahoma Supreme Court Network

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Charged with a crime? Call Ritchie, Rock & McBride.

Sat, 06 Jan 2018 15:50:00 GMT

Our attorneys have successfully handled criminal charges ranging from first time misdemeanors to First Degree Murder and other felonies. Our attorneys have also successfully handled criminal appeals.

If you are charged with a crime, you need to make sure you have a lawyer keeping you informed of your case and protecting your rights. Contact us immediately if you believe you are may be charged with a crime or have been charged.

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Being Cruel to Multiple Animals at the Same Time Can Result in Separate Charges for Each Animal

Thu, 16 Nov 2017 21:36:00 GMT

An Oklahoma man was charged with thirteen counts of cruelty to animals. The man argued that the maltreatment of his dogs all happened at this same time and location so it should be just one count instead of thirteen. After reviewing the case, Oklahoma’s Highest Court disagreed with the man and held that he could be charged with all thirteen counts. The Court noted that the dogs were separately chained or in separate pins. The Court then looked at the statute regarding Cruelty to Animals and determined that the intent of the statute was to protect the maltreatment of any particular animal. The man is now facing all thirteen Counts in Grant County.

For more details click the case below:
State v. Gilchrist, 2017 OK CR 25

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New Oklahoma Supreme Court ruling on selling alcohol to already intoxicated person

Mon, 30 Oct 2017 21:55:00 GMT

A gas station who sells alcohol to a noticeably intoxicated person may be liable for any harm the person causes to another even if they take the alcohol somewhere else to drink it. The Court also created a duty to exercise reasonable care to not sell liquor to a noticeably intoxicated person.

The opinion was issued after a man near Elk City who was intoxicated from drinking throughout an entire day stopped at a convenience store to buy more beer around 9:00 pm before heading to a party.

After leaving the party around 11:00 pm, the man crashed his vehicle into a three-car vehicle killing one and injuring two others in it. After police arrived on the scene, the man was measured to have a blood alcohol content of .29g%. That is over three-and-a-half times the legal limit.

The Court held that the gas station had a duty to not sell the man extra beer knowing he was already intoxicated and can be held liable for the death and injuries of the car the man crashed into if a jury finds the gas station violated its duty.

For the full opinion, click the case below:
Boyle v. ASAP Energy, Inc ., 2017 OK 82

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Oklahoma Receives Extension by the Federal Government to Comply with ID Law

Thu, 19 Oct 2017 22:30:00 GMT

Oklahoma has been granted an extension for the State IDs to comply with Federal Rules by the U.S. Department of Homeland Security. The Extension is until October 10, 2018.

This is good for Oklahomans because it allows resident’s driver’s licenses to continue to be recognized by the federal government as a form of ID. Before the extension, there were growing concerns that Oklahoma’s would have to have an ID other than their driver’s license to fly.

Mary Fallin stated, “This is great news for Oklahomans, and means there will be no restrictions on individuals using Oklahoma licenses to fly or access federal buildings through October 10 of next year … I applaud our lawmakers for working in a constructive, bipartisan fashion in approving legislation earlier this year that made Oklahoma compliant with the REAL ID Act.”

DPS Commissioner Michael C. Thompson said, “There have been many questions recently about Oklahoma’s status regarding REAL ID. DPS is actively working towards making Oklahoma REAL ID compliant and will use this time to gain compliance with the requirement. We strongly appreciate Governor Fallin’s leadership in signing REAL ID into law.”

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How is a FICO Score Calculated?

Thu, 12 Oct 2017 22:32:00 GMT

FICO scores are calculated by combining the following from your credit history

FICO states that “Your FICO Scores consider both positive and negative information in your credit report. Late payments will lower your FICO Scores, but establishing or re-establishing a good track record of making payments on time will raise your score.”

Credit Scores range usually range from 300-800. While different lenders use different ranges for credit qualification, a score that is above 700 is typically considered good and will qualify individuals and scores below 580 are typically considered bad.

FICO has created the video below to help explain further how they calculate your score.

The post How is a FICO Score Calculated? appeared first on Ritchie, Rock, McBride & Atwood Law Firm .

Tulsa County Judge Dana Kuehn appointed to Oklahoma’s court of criminal appeals

Thu, 05 Oct 2017 22:34:00 GMT

Dana Kuehn has been appointed by Governor Fallin to succeed Judge Clancy Smith’s position on the Oklahoma Court of Criminal Appeals.

Judge Kuehn has been a Judge in Tulsa County since 2006. Prior to going on the bench, Kuehn was an assistant district attorney for seven years.

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Oklahoma Supreme Court Justice Announces Retirement at end of 2017

Tue, 03 Oct 2017 22:34:00 GMT

From Oklahoma State Court Network:
Governor Mary Fallin received and accepted a letter from Oklahoma Supreme Court Justice Joseph Watt stating his intention to retire at the end of this year.

Watt, justice for the 9th Supreme Court Judicial District, wrote that his retirement will take effect Dec. 31.

Watt, of Altus, began his judicial service in 1985, when he was appointed special district judge for Jackson County. He was elected associated district judge for Jackson County in 1986.

In 1991, then-Gov. David Walters named Watt as his general counsel. He was appointed by Walters to the Oklahoma Supreme Court on May 17, 1992, and is in his 26th year of service on the high court. He served two terms as chief justice, from 2003 until 2007.

“Having spent almost half of my entire life serving in the judicial branch of government, the past 25½ years on the Supreme Court have been the most rewarding of my entire life,” Watt said. “As the new year dawns, I look forward to beginning the next chapter in my life spending more quality time with my grandchildren, traveling with my wife, Cathy, and taking active retired status beginning Jan. 1, 2018.

Supreme Court justices serve on the court as long as they are able and must appear on the ballot and be retained by voters every six years, according to state statute.

“Justice Watt has served the state well while being on the bench for more than 30 years, including the past 25 years as a Supreme Court justice,” said Fallin. “He’s been a man of integrity, and has served with distinction. I appreciate his knowledge, dedication, and fairness while on the high court. I wish him the best in his retirement and want to thank his wife and family, too, for their sacrifice and service to our state.”

Watt earned a bachelor’s degree in history/government from Texas Tech University and a doctor of jurisprudence from the University of Texas Law School. In 1973, he moved to Altus, where he worked in private law practice and served as Altus city prosecutor until 1985.

The Judicial Nominating Commission will accept applications for nominees to the court. The commission reviews the applications and submits three nominees to the governor.

At the time of appointment, applicants must be 30 or older, have been a qualified elector in the 9th Supreme Court Judicial District for at least one year immediately prior to the date of appointment, and have been a licensed practicing attorney or judge of a court of record, or both, in Oklahoma for five years preceding the appointment.

The 9th Judicial District consists of Harmon, Greer, Kiowa, Caddo, Canadian, Comanche, Jackson, Tillman and Cotton counties.

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Oklahoma Supreme Court Rules that bilateral Hernias are two Separate Compensable Injuries Under Workers’ Compensation

Tue, 19 Sep 2017 22:38:00 GMT

The Oklahoma Supreme Court voted unanimously that a worker who had two hernias at the same time (formally called bilateral inguinal hernias) was entitled to twice the amount of workers compensation.

Under the Workers Compensation statutes, a worker who is diagnosed with a hernia on one side is entitled to temporary total disability for six weeks. However, the Supreme Court ruled that under the wording of the statute, the six weeks applies to each hernia.

In order to demonstrate the hernia was a compensable injury under Workers’ Compensation, the employee had to show that:

Once the employee showed that his hernia was a compensable injury, he was entitled to receive double the compensation under the statute since his hernia was bilateral.

To read the Oklahoma Supreme’s Order in its entirety, click the case below:
Corbeil v. Emricks Van & Storage , 2017 OK 71

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Oklahoma DHS to start charging parents a fee to collect child support

Mon, 18 Sep 2017 22:41:00 GMT

Beginning October 1, 2017, DHS will starting charging a fee from collected child support. The fee amount will be 3% or $10.00 per month, whichever is less from parents who receive their child support through the central DHS agency.

The fee will be taken from child support that is successfully collected and not added onto the amount owed. This means the parent receiving the child support will be responsible for the fee that could be up to $120.00 per year.

DHS has seen large budget cuts over the last year and says the fee is necessary to help fund DHS.

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Claiming children as tax dependents after divorce

Wed, 30 Aug 2017 22:43:00 GMT

The Oklahoma Court of Appeals recently ruled that the right to claim a child as a dependent for tax purposes is related to an award of child support, not part of property division in a divorce. The Court cites several cases from other states as supporting the decision. The Court further stated that since the right to claim the parties’ children as dependents is modifiable, it implies such rights are akin to child support.

What does this mean for divorced parents? Anytime a modification is properly filed to change the amount of child support, it is also opening the door for a change as to which parent may claim the child or children on their taxes. To help avoid this issue, it is important to address which parent is going to be able to claim the children on their taxes and on which years they will be able to claim them. If this issue is properly addressed in the original decree, it will help avoid issues regarding taxes down the road.

If you are going through a divorce or are in need of modifying an existing child support order, it is important to hire lawyers that understand these issue. Call Ritchie, Rock & McBride Law Firm at 888-848-4558.

For the Court’s full opinion click here: Barnes v. Barnes, 2017 OK CIV APP 38 .

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5 things you can do to help win custody in Oklahoma

Sat, 05 Aug 2017 22:44:00 GMT

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New Oklahoma law will make it illegal to drive in left lane when not passing

Sun, 09 Jul 2017 22:48:00 GMT

A new law will take effect in Oklahoma that makes it illegal to drive in the left lane unless passing another vehicle. The left lane will become a true passing lane. If pulled over for a violation, a ticket could cost as much as $235.00. There are expected to be street signs around the state to remind drivers to use the left lane for passing only.

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New DUI law in Oklahoma

Thu, 15 Jun 2017 15:15:00 GMT

A new Oklahoma law is set to become active on November 1, 2017. The new law allows for DUI suspects to have the option to have an ignition interlock device put into their vehicles and take a DUI prevention course or await the outcomes of their criminal cases to determine whether their license revocations are upheld.

It will also become illegal for drunk driving suspects to refuse to take a breath test in Oklahoma. The new law also will abolish the civil administrative process that suspects currently use to challenge the revocation of their driver’s licenses.

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Common-Law Marriage in Oklahoma

Wed, 14 Jun 2017 15:01:00 GMT

Common-law marriage is when two people are considered married without ever applying for a marriage license. Oklahoma recognizes common law marriage. Common-law marriage usually becomes an issue if a couple that has lived together for a long period of time breaks up or when one of them dies and the surviving party wants to inherit the deceased’s belongings through probate.

Common-law marriage occurs when the parties agree that they married. A common law marriage is formed when ‘the minds of the parties meet in consent at the same time.’ Oklahoma Courts will consider and weigh the following factors to indicate whether or not a common law marriage has formed:

Oklahoma Courts have stated, “Often the most persuasive evidence of the existence of a common-law marriage is whether the couple listed each other as a “spouse” on legal documents.” In probate issues, Oklahoma Court’s have looked primarily at the documentary evidence is written or signed by the deceased to determine whether a common-law marriage existed and the date was marriage was entered.

In order to establish common law marriage, the party claiming that a marriage existed must be proved the marriage by clear and convincing evidence.

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Governor Mary Fallin signs Criminal Justice reform Bill

Wed, 07 Jun 2017 15:26:00 GMT

“Our prisons are way over capacity, and our prison population is expected to grow by 25 percent in the next 10 years,” said Fallin. “Oklahoma’s overall incarceration rate is the second-highest in the country, and we lead the nation in female incarceration – incarcerating women at two-and-a-half times the national average. By 2018, we will have the highest incarceration rate in the country.” – Mary Fallin

The Governor’s office released a statement regarding the new laws. A link to the statement HERE .

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Oklahoma Court Records Online

Thu, 27 Apr 2017 15:29:00 GMT

The majority of the Oklahoma Court records are provided online through the Oklahoma State Court Network’s website. You can search via a person’s name, county, case number and other factors. This is a good way to keep up to date with your own case, follow another case you are interested in, or even be used as a tool to help with background searches.

To go directly to the Oklahoma Supreme Court Network docket search page, click HERE .

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Timeline for Tulsa County Divorce with children

Tue, 25 Apr 2017 15:32:00 GMT

One of the first questions Family Law attorneys are often faced with is “How long will my divorce take?”
While every divorce is different, the timeline below is a guide that can be used to better understand the typical Tulsa County Divorce Timeline when a minor child is involved.

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9 Facts you should know about Oklahoma Wills

Tue, 18 Apr 2017 15:34:00 GMT

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