Oklahoma Statutes
Title 12. Civil Procedure

§12-32.1A. Supreme Court to make rules for display of court records online. - The Supreme Court of Oklahoma shall immediately make rules regulating...

§12-33. Clerk to keep court records, books and papers - Statistical and other information for Supreme Court, President Pro Tempore of Senate and Speaker of House. - He shall keep the records and books and papers appertaining...

§12-34. Applicable to what courts. - The provisions of this article shall, as far as they...

§12-35. Powers and duties of clerks - Statistical and other information for Supreme Court, President Pro Tempore of Senate and Speaker of House. - The clerks of each of the courts shall exercise the...

§12-35.1. Court clerk may process passports - Election - Passport fees. - A. The duties of the court clerk may include processing...

§12-38. Seal of clerk of district court. - A. Every clerk of a district court shall keep a...

§12-39. Court clerk – Prohibition of posting documents containing certain charges on court-controlled website. - A. No court clerk shall publish on a court-controlled website...

§12-51. Style of process. - The style of all process shall be "The State of...

§12-52. Appointment of substitute for sheriff. - The court or judge, or any clerk in the absence...

§12-53. Sheriff to endorse time of receipt on process. - The sheriff shall endorse upon every summons, order of arrest,...

§12-54. Must execute and return process - Execution by county clerk when sheriff disqualified. - He shall execute every summons, order or other process, and...

§12-55. Sheriff may adjourn court, when. - If the judge of a court fail to attend at...

§12-61. Justification of surety. - A ministerial officer whose duty it is to take security...

§12-62. Qualifications of surety. - The surety in every undertaking provided for by this Code...

§12-63. Real estate mortgage as bond. - In every instance in this state where bond, indemnity or...

§12-64. Valuation of real estate. - The officer, whose duty it is to accept and approve...

§12-65. False valuation - Penalty. - Any person willfully making a false affidavit as to the...

§12-66. State as a party – Bond not required – Automatic stay - Payment of costs. - A. Whenever an action is filed in any of the...

§12-68. Appearance bond - Application of penalty - Right to enforce. - If a bench warrant or command to enforce a court...

§12-71. Deputy may perform official duties. - Any duty enjoined by this Code upon a ministerial officer,...

§12-72. Affirmation. - Whenever an oath is required by this Code, the affirmation...

§12-74. Supreme Court rules. - The Justices of the Supreme Court shall meet every two...

§12-75. Publications in "patent insides". - All publications and notices required by law to be published...

§12-76. Action on official bond. - When an officer, executor or administrator within this state, by...

§12-77. May be several actions on same security. - A judgment in favor of a party for one delinquency...

§12-78. Immaterial errors to be disregarded. - The court, in every stage of action, must disregard any...

§12-81. Payments into court for infant or incompetent person - Disposition. - Where any amount of money not exceeding Five Hundred Dollars...

§12-83. Conserving monies obtained for or on behalf of persons under eighteen years of age in court proceedings. - A. Monies recovered in any court proceeding by a next...

§12-86. Short title - Oklahoma Statutory Thresholds for Settlements Involving Minors Act of 2022. - This act shall be known and may be cited as...

§12-86.1. Conditions for settlement agreements for minors – Payment process. - A. A person having legal custody of a minor may...

§12-91. Actions barred not revived. - Any right of action, which shall have been barred by...

§12-92. Limitations applicable. - Civil actions can only be commenced within the periods prescribed...

§12-93. Limitation of real actions. - Actions for the recovery of real property, or for the...

§12-94. Persons under disability - Time to sue to recover realty. - Any person entitled to bring an action for the recovery...

§12-95. Limitation of other actions. - A. Civil actions other than for the recovery of real...

§12-96. Persons under disability in actions other than to recover realty - Exceptions - Personal injury to minor arising from medical malpractice. - If a person entitled to bring an action other than...

§12-98. Absence or flight of defendant - Effect of other laws. - When a cause of action accrues against a person and...

§12-100. Limitation of new action after reversal or failure otherwise than on merits. - If any action is commenced within due time, and a...

§12-101. Extension of limitation - Part payment, acknowledgment or new promise. - In any case founded on contract, when any part of...

§12-102. Statutory bar absolute - Exception. - When a right of action is barred by the provisions...

§12-104. Claims arising outside state - "Claim" defined. - As used in this act, "claim" means any right of...

§12-105. Law governing. - The period of limitation applicable to a claim accruing outside...

§12-107. Uniform law. - This act shall be so construed as to effectuate its...

§12-108. Citation. - This act may be cited as the Uniform Statute of...

§12-109. Limitation of action to recover damages arising from design, planning or construction of improvement to real property. - No action in tort to recover damages (i) for any...

§12-110. Injury occurring during fifth year after substantial completion. - Notwithstanding the provisions of Section 1 of this act, in...

§12-111. Period for bringing actions not extended. - Nothing in this act shall be construed as extending the...

§12-113. "Person" defined. - As used in this act, the term "person" shall mean...

§12-130. Actions brought pursuant to Affordable Access to Health Care Act. - The venue of civil actions for damages brought pursuant to...

§12-131. Actions brought where subject located. - Except as provided in Section 132 of this title or...

§12-132. Realty located in two or more counties - Specific performance. - If real property, the subject of an action, be an...

§12-133. Actions brought where cause arose. - Actions for the following causes must be brought in the...

§12-134. Domestic corporations. - An action, other than one of those mentioned in first...

§12-135. Actions against transportation or transmission companies. - Actions may be commenced against any transportation or transmission company...

§12-136. Actions against turnpike companies. - An action, other than one of those mentioned in the...

§12-137. Actions against foreign corporations and nonresidents. - In addition to the other counties in which an action...

§12-139. Other actions - Venue when creditor has assigned right. - Every other action must be brought in the county in...

§12-140. Change of venue. - In all cases in which it is made to appear...

§12-140.1. Transfer of case to other county. - When the court orders the transfer of a case upon...

§12-140.3. Forum non conveniens – Considerations in motions to stay, transfer or dismiss. - A. If the court, upon motion by a party or...

§12-141. Actions for damages by motor vehicles or watercraft. - The venue of civil actions for damages resulting from the...

§12-142. Action for collection on open account, statement of account, account stated, note or other instrument of indebtedness - Contracts for goods, wares, merchandise, labor or services. - The venue of civil actions for the collection of an...

§12-143. Venue statutes as cumulative - Application. - All venue statutes are cumulative wherever they appear and any...

§12-150. Medical liability actions - Summons. - In any medical liability action, a summons shall be served...

§12-154. Summons may issue to other county. - Where the action is rightly brought in any county, a...

§12-158.1. Private process servers - Licensing - Qualifications - Fees - Hearing - Notice - Protests - Proof of service - Revocation of license - List of licensees - Statewide registry. - A. Service and return of process of court documents may...

§12-158.2. Request of server - Fees. - The process served by a licensee, authorized herein, shall be...

§12-171.1. Effect of affidavit of service. - No judgment rendered more than ten (10) years prior hereto...

§12-177.1. Judgment against unknown heirs or devisees - Judgment against party served by publication. - No judgment heretofore or hereafter rendered in any action against...

§12-177.2. Limitation of actions. - Provided, any proceeding or suit or action to challenge or...

§12-178. Service on some of several defendants. - Where the action is against two or more defendants, and...

§12-179. Judgment no bar as to defendants not served. - Nothing in this code shall be so construed as to...

§12-181. Record of judgment in realty case. - When any part of real property, the subject matter of...

§12-182. Unincorporated associations and trusts - Suits against - Service of process. - When any two or more persons associate themselves together and...

§12-187. Action against nonresident defendant(s) - Venue. - In addition to the other counties in which an action...

§12-192.1. Indigency exemption - Promulgation of rules. - A. When a plaintiff requests an indigency exemption from providing...

§12-236a. Party defendants in real property actions. - In an action involving real property any person appearing in...

§12-303. Libel or slander - Alleging publication concerning plaintiff. - In an action for libel or slander, it shall be...

§12-304. Truth as defense in libel or slander - Mitigation. - In the actions mentioned in the last section, the defendant...

§12-305. Description of real property. - In any action for the recovery of real property, it...

§12-305.1. Pleading recorded instruments affecting real estate. - From and after the passage of this act in all...

§12-309. Tenders - How made - Deposit in court. - When a tender of money is alleged in any pleading,...

§12-310. Lost pleadings. - If an original pleading be lost or withheld by any...

§12-392. Disobedience of subpoena or refusal to be sworn or answer as a witness punishable as contempt. - Disobedience of a subpoena, or refusal to be sworn or...

§12-393. Attachment of witness for nonattendance. - When a witness fails to attend in obedience to a...

§12-394. Punishment for contempt - Liability to party injured. - A. The punishment for the contempt provided in Section 393...

§12-395. Discharge when imprisonment illegal. - A witness so imprisoned by an officer before whom his...

§12-396. Requisites of attachment - Order of commitment. - Every attachment for the arrest, or order of commitment to...

§12-397. Prisoner as witness or complaining or defending party - Release for examination - Notice - Attorney fee award prohibited - Writ of habeas corpus. - A. A person confined in any prison in this state...

§12-398. Examination by deposition - Custody. - If a prisoner's testimony is taken by deposition, he shall...

§12-399. Witness privileged. - A witness shall not be liable to be sued in...

§12-400. Witness may demand fees each day - Exception. - At the commencement of each day after the first day,...

§12-411. Privilege. - No testimony given by a witness before the House of...

§12-412. Procedure. - In the case of proceedings before a committee that two-thirds...

§12-413. Oaths. - The President of the Senate, the Speaker of the House...

§12-414. Penalties. - Every person who having been summoned as a witness by...

§12-415. Disgrace as ground for refusal to testify. - No witness is privileged to refuse to testify to any...

§12-416. Prosecution. - Whenever a witness summoned as mentioned in Section 4 of...

§12-417. Fees and mileage. - Witnesses shall be paid the same fees and mileage as...

§12-421. Modes of taking testimony. - The testimony of witnesses is taken in three modes: First....

§12-422. Affidavit defined. - An affidavit is a written declaration, under oath, made without...

§12-426. Statement under penalty of perjury. - A. Except as provided by subsection B of this section,...

§12-431. Use of affidavit. - An affidavit may be used to verify a pleading, to...

§12-432. Where and before whom taken. - An affidavit may be made in and out of this...

§12-551. Trial defined. - A trial is a judicial examination of the issues, whether...

§12-552. How issues arise - Kinds of issues. - Issues arise on the pleadings, where a fact or conclusion...

§12-556. Trial of issues. - Issues of law must be tried by the court, unless...

§12-556.1. Constituency of juries in civil actions - Trial without jury in certain cases. - (a) Where the amount in controversy, as stated in the...

§12-557. Certain issues of fact tried by court. - All other issues of fact shall be tried by the...

§12-571. Summoning jury. - The general mode of summoning the jury is such as...

§12-572. Causes for challenging jurors. - If there shall be impaneled, for the trial of any...

§12-573. Order of challenges. - The plaintiff first, and afterward the defendant, shall complete his...

§12-574. Vacancies filled at once - Challenges to jurors. - After each challenge, the vacancy shall be filled before further...

§12-575.1. Selection of jury in discretion of court - Manner. - Notwithstanding other methods authorized by law, the trial judge may...

§12-576. Oath of jury. - The jury shall be sworn to well and truly try...

§12-577. Order of trial. - When the jury has been sworn, the trial shall proceed...

§12-577.1. Oklahoma Uniform Jury Instructions - Institution of. - Inasmuch as many judgments in actions tried by juries are...

§12-577.2. Use of instructions - Requests - Copies. - Whenever Oklahoma Uniform Jury Instructions (OUJI) contains an instruction applicable...

§12-577.3. Appropriations. - The Supreme Court of Oklahoma and the Court of Criminal...

§12-577.4. Damage awards - Applicability of federal and state income tax. - The Oklahoma Uniform Jury Instructions (OUJI) applicable in a civil...

§12-578. Exceptions to instructions - Copies to parties. - A party excepting to the giving of instructions, or the...

§12-579. View by jury. - Whenever, in the opinion of the court, it is proper...

§12-580. Jury may decide in court or retire - Keeping together - Communications to jury or concerning deliberations. - When the case is finally submitted to the jury, they...

§12-581. Admonition of jury on separation. - If the jury are permitted to separate, either during the...

§12-582. Information after retirement. - After the jury have retired for deliberation, if there be...

§12-583. Discharged, when. - The jury may be discharged by the court on account...

§12-584. Retrial. - In all cases where the jury are discharged during the...

§12-585. Delivery of verdict. - When the jury have agreed upon their verdict they must...

§12-586. Requisites of verdicts - Reading and inquiry by clerk - Correction of defects in form. - The verdict shall be written, signed by the foreman and...

§12-587. General and special verdict. - The verdict of a jury is either general or special....

§12-588. General and special findings. - In all cases the jury shall render a general verdict,...

§12-589. When special finding inconsistent with general verdict. - When the special finding of facts is inconsistent with the...

§12-590. Jury must assess amount of recovery. - When, by the verdict either party is entitled to recover...

§12-591. Waiver of jury. - The trial by jury may be waived by the parties,...

§12-611. Findings of fact and conclusions of law. - Upon the trial of questions of fact by the court,...

§12-612. Reference of issues by consent of parties. - All or any of the issues in the action, whether...

§12-613. Reference by court, when. - When the parties do not consent, the court may, upon...

§12-614. Trial before referee - Report. - A trial before referees is conducted in the same manner...

§12-615. Appointment of referee. - In all cases of reference, the parties, except when an...

§12-616. Exceptions - Signature and return with report. - It shall be the duty of the referees to sign...

§12-617. Reference in vacation. - A judge, in vacation, upon the written consent of the...

§12-618. Oath of referee. - The referees must be sworn or affirmed well and faithfully...

§12-619. Compensation. - The referees shall be allowed such compensation for their services...

§12-620. Reference by district or superior court - Report and transcript - Filing. - In all actions referred to a referee by the district...

§12-621. Notice before filing report. - The referee must give at least four (4) days written...

§12-622. Objections to report. - Any party to the action desiring to except to the...

§12-624. Appeal as provided in code of civil procedure. - An appeal shall be had and perfected in the same...

§12-630. Formal exceptions unnecessary - What acts sufficient. - Formal exceptions to rulings or orders of the court shall...

§12-631. Exception defined. - An exception is an objection taken to a decision of...

§12-636. Immaterial exception. - No exception shall be regarded, unless it is material and...

§12-637. Exceptions may be withdrawn. - Exceptions taken to the decision of any court of record...

§12-651. New trial - Definition - Causes for. - A new trial is a reexamination in the same court,...

§12-653. Time of application. - A. Unless unavoidably prevented, an application for a new trial...

§12-654. Application, how made - Affidavits. - A. The application for a new trial by motion must...

§12-655. Petition for new trial on grounds discovered more than 10 days after judgment, decree, or appealable order was filed. - Where the grounds for a new trial could not with...

§12-661. Amount of damages recoverable. - Whenever damages are recoverable, the plaintiff may claim and recover...

§12-662. Provisions applicable to trials by court. - The provisions of this article respecting trials by jury apply,...

§12-663. Trial docket. - A trial docket shall be made out by the clerk...

§12-664. Trial docket for bar. - The clerk shall make out a copy of the trial...

§12-665. Order of trial of cases docketed. - The trial of an issue of fact, and the assessment...

§12-666. Time of trial. - Actions shall be triable at the first term of court,...

§12-667. Continuances - Power to grant - Costs - Continuances and appeals when member of Legislature is party or attorney. - The court may, for good cause shown, continue an action...

§12-668. Affidavit for continuance. - A motion for a continuance, on account of the absence...

§12-681. Judgment defined. - A judgment is the final determination of the rights of...

§12-682. Given for or against whom - Dismissal of petition - Suits against officers, directors and shareholders - Statute of limitations. - A. Judgment may be given for or against one or...

§12-683. Dismissal of action - Grounds and time. - Except as provided in Section 684.1 of this title, an...

§12-684. Dismissal of case – With and without order of court. - A. An action may be dismissed by the plaintiff without...

§12-684.1. Action brought pursuant to Affordable Access to Health Care Act – Dismissal without order of court. - A. A medical liability action brought pursuant to the Affordable...

§12-686. Judgment in foreclosure suit - Sale of real estate - Lands in different counties - Application of proceeds - Attorney's fees and expenses, taxation of - Putting purchaser in possession - Post judgment deficiency order. - In actions to enforce a mortgage, deed of trust, or...

§12-687. Judgment for conveyance, release or acquittance - Sheriff may execute when party fails to do so. - When a judgment shall be rendered for a conveyance, release...

§12-688. Taking account or proof or assessment of damages on default or decision of issue of law. - If the taking of an account, or the proof of...

§12-689. Judgment by confession. - Any person indebted, or against whom a cause of action...

§12-696.2. Preparation, service, and filing of judgments, decrees and appealable orders. - A. After the granting of a judgment, decree or appealable...

§12-696.3. Contents of filed judgments - Decrees and appealable orders - Clerk's endorsement - Service. - A. Judgments, decrees and appealable orders that are filed with...

§12-696.4. Costs and attorney fees. - A. A judgment, decree or appealable order may provide for...

§12-698. Judgment notwithstanding verdict. - When a motion for a directed verdict made at the...

§12-700. Judgment against infant - Right of infant to show cause against judgment one year after reaching majority. - It shall not be necessary to reserve in a judgment...

§12-706. Scope of section - Creation of lien - Judgment index - Execution of judgment - Effect of filing or recording a judgment - Acceptance by county clerk. - A. Scope. This section applies to all judgments of courts...

§12-706.2. Cash deposit on appeal from money judgment - Release of lien - Hearing. - In the event of an appeal from a money judgment...

§12-706.3. Additional cash deposits. - If during the appeal of a money judgment, money has...

§12-707. Dismissal or default judgment against state - Necessity of proof of notice. - No order shall be made by any county, district or...

§12-708. Form and proof of notice - Fee. - A printed docket or other written notice, setting forth the...

§12-709. Effect of violation. - All orders and judgments rendered in the absence of proof...

§12-718.1. Short title. - This act shall be known and may be cited as...

§12-718.2. Definitions. - As used in the Uniform Foreign-Country Money Judgments Recognition Act:...

§12-718.3. Applicability. - A. Except as otherwise provided in subsection B of this...

§12-718.4. Standards for recognition of foreign-country judgment. - A. Except as otherwise provided in subsections B and C...

§12-718.5. Personal jurisdiction. - A. A foreign-country judgment may not be refused recognition for...

§12-718.6. Procedure for recognition of foreign-country judgment. - A. If recognition of a foreign-country judgment is sought as...

§12-718.7. Effect of recognition of foreign-country judgment. - If the court in a proceeding under Section 6 of...

§12-718.8. Stay of proceedings pending appeal of foreign-country judgment. - If a party establishes that an appeal from a foreign-country...

§12-718.9. Statute of limitations. - An action to recognize a foreign-country judgment must be commenced...

§12-718.10. Uniformity of interpretation. - In applying and construing the Uniform Foreign-Country Money Judgments Recognition...

§12-718.11. Saving clause. - The Uniform Foreign-Country Money Judgments Recognition Act does not prevent...

§12-718.12. Effective date. - The Uniform Foreign-Country Money Judgments Recognition Act applies to all...

§12-718A. Foreign defamation judgments. - A. For the purposes of this section only, a "foreign...

§12-719. Uniform Enforcement of Foreign Judgments Act. - This act may be cited as the Uniform Enforcement of...

§12-720. Definition. - In this act "foreign judgment" means any judgment, decree, or...

§12-721. Filing and status of foreign judgments. - A copy of any foreign judgment authenticated in accordance with...

§12-722. Notice of filing. - (a) At the time of the filing of the foreign...

§12-723. Stay. - (a) If the judgment debtor shows the district or superior...

§12-724. Fees. - Any person filing a foreign judgment shall pay to the...

§12-725. Optional procedure. - The right of a judgment creditor to bring an action...

§12-726. Uniformity of interpretation. - This act shall be so interpreted and construed as to...

§12-727. Interest on judgments rendered on or after January 1, 2000, but before January 1, 2005. - POSTJUDGMENT INTEREST A. 1. Except as otherwise provided by this...

§12-727.1. Interest on judgments rendered on or after January 1, 2005. - POSTJUDGMENT INTEREST A. 1. Except as otherwise provided by this...

§12-728. Standards for recognizing records and proceedings of tribal courts - Reciprocity. - A. This act affirms the power of the Supreme Court...

§12-729. Force and effect of certain judgment, decree or appealable order of a district court. - Any judgment, decree or appealable order of a district court...

§12-729.1. Short title. - This act shall be known and may be cited as...

§12-729.2. Definitions. - As used in this act: 1. "Action" means a judicial...

§12-729.3. Application of act. - A. This act applies only to a foreign-money claim in...

§12-729.4. Variation of act by agreement of parties. - A. The effect of this act may be varied by...

§12-729.5. Determining proper money of claim. - A. The money in which the parties to a transaction...

§12-729.6. Determining amount to be paid in foreign money. - A. If an amount contracted to be paid in a...

§12-729.7. Assertion of claim or defense using a foreign money. - A. A person may assert a claim in a specified...

§12-729.8. Judgment or award on foreign-money claim. - A. Except as provided in subsection C of this section,...

§12-729.9. Rate of exchange. - The rate of exchange prevailing at or near the close...

§12-729.10. Interest. - A. With respect to a foreign-money claim, recovery of prejudgment...

§12-729.11. Enforcement of foreign judgment. - A. If an action is brought to enforce a judgment...

§12-729.12. Enforcement of provisional remedies. - A. Computations under this section are for the limited purposes...

§12-729.13. Foreign money revalorization. - A. If, after an obligation is expressed or a loss...

§12-729.14. Principles of law and equity - Construction of act. - Unless displaced by particular provisions of this act, the principles...

§12-729.15. Prospective applicability of act. - This act applies to actions and distribution proceedings commenced after...

§12-729.16. Construction to effectuate general purpose of act. - This act shall be applied and construed to effectuate its...

§12-731. Executions - Defined - How issued - Different counties. - Executions shall be deemed process of the court, and shall...

§12-732. Kinds of executions. - Executions are of three kinds: First, against the property of...

§12-733. Property subject to levy. - Lands, tenements, goods and chattels, not exempt by law shall...

§12-734. Property bound after seizure. - All real estate not bound by the lien of the...

§12-735. Must be issued within five years or judgment becomes unenforceable - Inapplicable to municipalities or child support judgments. - A. A judgment shall become unenforceable and of no effect...

§12-736. Execution to command levy on personalty before levy on realty - Endorsement of amount of debt, damages, and costs on execution. - The writ of execution against the property of the judgment...

§12-737. Priority among executions. - When two or more writs of execution against the same...

§12-751. Levy on goods and chattels, then on realty - Sale of lands subject to liens - Appraisement. - The officer to whom a writ of execution is delivered,...

§12-752. Attachments and executions, who levied by. - It shall be unlawful for anyone to levy an attachment...

§12-753. Same void when issued to or levied otherwise. - Any attachment or execution issued to, or levied by anyone...

§12-754. Penalty. - Anyone violating the provisions of this act shall be punished...

§12-755. Property claimed by third person - Plaintiff to secure officer. - If the officer, by virtue of an execution issued from...

§12-756. Redelivery to defendant, when - Undertaking. - In all cases where a sheriff or other officer shall,...

§12-757. Notice of sale of chattels - Acceptance of bids - Inventory for want of bidders. - A. 1. No goods or chattels levied upon by an...

§12-758. Further levy when property taken insufficient. - When any writ shall issue, directing the sale of property...

§12-759. Filing and index of execution - Appraisement of property - Extension of judgment lien. - A. When a general execution is issued and placed in...

§12-760. Waiver of appraisement - Order of sale not to issue until six months after judgment. - If the words "appraisement waived" or other words of similar...

§12-761. Return of appraisement - Sale. - The officer receiving such return shall forthwith deposit a copy...

§12-762. Lien restricted to property levied on when two-thirds of appraised value sufficient to satisfy judgment - Amount for which property sold - Sale for debt or taxes due state. - If, upon such return, as aforesaid, it appear, by the...

§12-763. Judgments against public officers - Sale without valuation. - If the property of any clerk, sheriff, coroner, judge of...

§12-764. Notice of sale of realty. - A. Lands and tenements taken on execution shall not be...

§12-765. Confirmation of sale - Objections. - A. Upon the return of any writ of execution for...

§12-766. Sheriff's deed - Title transferred - Requisites. - The sheriff or other officer who, upon such writ or...

§12-767. Officers may require advance of printer's fees. - The officer who levies upon goods and chattels, or lands...

§12-768. Same - Officer must make demand. - Before any officer shall be excused from giving the notification...

§12-769. Place of sale - Officers or appraisers not to purchase. - All sales of lands or tenements under execution shall be...

§12-770. Other executions of realty not sold. - If lands or tenements, levied on as aforesaid, are not...

§12-771. Levy on realty under several executions. - In all cases where two or more executions shall be...

§12-772. Deed by successor of officer making sale. - If the term of service of the sheriff or other...

§12-773. Payment to defendant of overplus after sale. - If, on any sale made as aforesaid, there shall be...

§12-774. Reversal of judgment after sale of land. - If any judgment or judgments, in satisfaction of which any...

§12-775. Execution on judgment in favor of state - Purchase by state - Resale - Disposition of funds received. - In all civil actions wherein the State of Oklahoma, as...

§12-801. Reappraisal where realty twice advertised for sale. - In all cases where real estate has been or may...

§12-802. Return. - The sheriff or other officer to whom any writ of...

§12-803. Principal and surety - Levy against principal before surety. - In all cases where judgment is rendered in any court...

§12-811. Action for officer's neglect or refusal - Notice. - A. If any sheriff or other officer shall refuse or...

§12-812. Action against clerk of court for refusal or neglect to pay over money - Notice. - A. If any clerk of a court shall neglect or...

§12-813. Action for refusal to pay over money - Amount liable for. - When the cause of action provided for in Section 811...

§12-814. Execution to sheriff of another county. - When execution is issued to the sheriff of any county...

§12-815. Return by sheriff of other county - Proof of timely mailing of return. - When execution shall be issued in any county in this...

§12-816. Forwarding of proceeds of execution by mail. - No sheriff shall forward, by mail any money made on...

§12-817. Sureties of sheriff made parties on amercement - Attachment. - Every surety of any sheriff or other officer may be...

§12-818. Officer or court clerk subject to action for neglect or refusal to perform certain duties may collect on original judgment. - In cases where a sheriff or other officer or court...

§12-831. Joint debtors or sureties may have contribution or repayment. - When property, liable to an execution against several persons, is...

§12-832. Joint tort-feasors - Contribution - Indemnity - Exemptions - Release, covenant not to sue, etc. - A. When two or more persons become jointly or severally...

§12-832.1. Product liability actions – Duty of manufacturer to indemnify seller. - A. A manufacturer shall indemnify and hold harmless a seller...

§12-841. Property, equitable interests subject to execution. - At any time after judgment, any property of the judgment...

§12-842. Debtor’s appearance and answer regarding property - Subpoena - Contempt citation or bench warrant upon failure to appear - Discovery - Attorney fee. - A. At any time after a final judgment, order, or...

§12-844. Arrest of debtor in danger of leaving state, concealing himself or transferring assets - Undertaking - Commitment. - When by affidavit of the judgment creditor or otherwise it...

§12-845. Defendant must answer questions - Answers inadmissible in prosecution for fraud. - No person shall, on examination pursuant to this article, be...

§12-846. Debtor of defendant may pay execution - Sheriff's receipt as discharge. - After the issuing of execution against property, any person indebted...

§12-848. Evidence on inquiry - Witnesses. - Witnesses may be required, upon the order of the judge,...

§12-849. Examination under oath - Answer by corporation. - The party or witness may be required to attend before...

§12-850. Order for application of property to satisfaction of judgment - Contempt proceedings - Installment payments from earnings - Modification of order. - The judge after the hearing provided herein may order any...

§12-852. Receiver may be appointed - Forbidding transfer of property. - The judge may also, by order, appoint the sheriff of...

§12-853. Sale of equitable interests in realty. - If it shall appear that the judgment debtor has any...

§12-854. Sheriff as receiver - Bond of receiver - Other person appointed receiver. - If the sheriff shall be appointed receiver, he and his...

§12-855. Rights and powers of receiver. - The receiver shall be vested with the property and effects...

§12-856. Receiver entitled to possession of property. - The court or judge may order the delivery, to the...

§12-857. Continuance. - The judge or referee shall have power to continue his...

§12-858. Reference. - The judge may, in his discretion, order a reference to...

§12-859. Contempts. - If any person, party or witness disobey an order of...

§12-860. Form, service and filing of orders. - The orders mentioned herein shall be in writing, and signed...

§12-861. Fees allowed taxed as costs. - The judge shall allow to clerks, sheriffs, referees, receivers and...

§12-862. Clerk's fees. - The clerk shall be allowed such fees for services as...

§12-901. Execution for delivery of property. - If the execution be for the delivery of the possession...

§12-902. Enforcing judgment in other cases. - When the judgment is not for the recovery of money...

§12-903. Execution must conform to judgment. - In special cases not hereinbefore provided for, the execution shall...

§12-909. Filing to be without charge. - Any document required to be filed under Section 759 of...

§12-921.1. Legal Services Revolving Fund. - A. The Attorney General shall allocate funds from the Legal...

§12-922. Affidavit in forma pauperis. - The affidavit provided for in the preceding section shall be...

§12-923. False swearing in such case. - Any person willfully swearing falsely in making the affidavit aforesaid,...

§12-926. Costs where defendant disclaims. - Where defendants disclaim having any title or interest in land...

§12-927. Certain costs taxed at discretion of court. - Unless otherwise provided by statute, the costs of motions, continuances,...

§12-928. Costs to successful plaintiff as matter of course. - Where it is not otherwise provided by this and other...

§12-929. Costs to successful defendant as matter of course. - Costs shall be allowed of course to any defendant, upon...

§12-930. Costs in other cases - Apportionment of costs - Discretion of court. - In other actions, the court may award and tax costs,...

§12-931. Several actions on joint instrument. - Where several actions are brought on one bill of exchange,...

§12-935. Deposit insufficient - Apportionment to claimants. - Whenever the amount of money deposited as security for costs...

§12-936. Attorney fees taxed as costs in actions for labor or services rendered or on certain accounts, bills and contracts. - A. In any civil action to recover for labor or...

§12-937. Attorney fees taxed as costs in actions to collect on checks. - In any civil action to enforce payment of or to...

§12-938. Attorney fees taxed as costs in certain actions relating to public utilities. - In any civil action or proceeding to recover for the...

§12-939. Attorney fees taxed as costs in actions for breach of an express warranty. - In any civil action brought to recover damages for breach...

§12-940. Negligent or willful injury to property - Attorney's fees and costs - Offer and acceptance of judgment. - A. In any civil action to recover damages for the...

§12-941. Actions by state entities - Court costs, witness fees and attorney fees. - A. The defendant in any civil action brought in any...

§12-942. Costs which judges are required to award. - A judge of any court of this state may award...

§12-951. Appellate jurisdiction of the district court. - (a) A judgment rendered, or final order made, by any...

§12-952. Jurisdiction of Supreme Court. - (a) The Supreme Court may reverse, vacate or modify judgments...

§12-953. Final order defined. - An order affecting a substantial right in an action, when...

§12-975. Judgment on appeal - Mandate to issue to lower court. - When a judgment or final order shall be reversed on...

§12-978. Costs on appeal. - When a judgment or final order is reversed, the plaintiff...

§12-978.1. Recovery of costs for review of certain interlocutory orders on appeal or on certiorari. - When an interlocutory order of a district court is reviewed...

§12-979. Neglect of clerk not error. - A mistake, neglect or omission of the clerk shall not...

§12-980. Writs of error and certiorari abolished. - Writs of error and certiorari, to reverse, vacate or modify...

§12-984. Applicable to what courts. - The provisions of this article shall apply to all the...

§12-985. Who need not give bond on appeal. - Executors, administrators and guardians who have given bond in this...

§12-990.1. Jurisdiction of certain appeals - Time limit for counter-appeals and cross-appeals. - When a petition in error is timely filed, the Supreme...

§12-990.2. Time for appeal - Effect of post-trial motions. - A. Post-Trial Motions Filed Within Ten (10) Days. When a...

§12-990.3. Time for enforcement of judgments, decrees or final orders. - A. Where only the payment of money is awarded, no...

§12-990.4. Stay of enforcement - Judgments, decrees or final orders. - A. Except as provided in subsection C of this section,...

§12-990.5. Stay of enforcement against political subdivisions of the state. - Notwithstanding any other provision of this title, the execution of...

§12-990A. Appeal to Supreme Court by filing petition in error - Rules - Record on appeal - Premature appeal - Designation of record. - A. An appeal to the Supreme Court of Oklahoma, if...

§12-991. Right to perfect appeal to Supreme Court without filing motion for new trial - Exemption. - (a) The right of a party to perfect an appeal...

§12-992. Errors in perfecting appeals - Raising - Waiver. - Where possible, errors in perfecting an appeal must be raised...

§12-993. Appeals from certain orders. - A. When an order: 1. Discharges, vacates, or modifies or...

§12-994. Judgment involving multiple claims or parties. - A. When more than one claim for relief is presented...

§12-994.2. Medicaid recovery - Oklahoma Health Care Authority recovery - Calculations. - A. Recovery against the party that received payment. 1. General...

§12-995. Frivolous appeals, cross-appeals or original proceedings - Dismissal and sanctions. - The Oklahoma Supreme Court or Court of Civil Appeals shall...

§12-1031. District court - Power to vacate or modify its judgments, when. - The district court shall have power to vacate or modify...

§12-1031.1. Authorization to correct, open, modify or vacate judgments - Time - Notice. - A. A court may correct, open, modify or vacate a...

§12-1032. Proceedings to be by motion - Notice. - The proceedings to correct mistakes or omissions of the clerk,...

§12-1033. Proceedings by petition, when - Summons. - If more than thirty (30) days after a judgment, decree,...

§12-1034. Trial of application to vacate. - The court may first try and decide upon the grounds...

§12-1035. Liens and securities preserved. - If a judgment is modified, all liens and securities obtained...

§12-1036. Suspending proceedings - Bond. - The party seeking to vacate or modify a judgment or...

§12-1037. Suspension where judgment given prematurely. - When the judgment was rendered before the action stood for...

§12-1038. Limitations. - Proceedings to vacate or modify a judgment, decree or order,...

§12-1051. Causes of action that survive. - In addition to the causes of action which survive at...

§12-1052. Actions which abate on death of party. - No action pending in any court shall abate by the...

§12-1053. Wrongful death - Limitation of actions - Damages. - A. When the death of one is caused by the...

§12-1054. Action for death - Who may sue. - In all cases where the residence of the party whose...

§12-1055. Death of a child. - In all actions hereinafter brought to recover damages for the...

§12-1081. Death of party after verdict or judgment. - (a) If a party dies after verdict is rendered, judgment...

§12-1082. Dissolved partnerships. - (a) A partnership may sue and be sued in its...

§12-1083. Dismissal of any actions in which no pleadings have been filed for a year. - Any action in which no pleading has been filed or...

§12-1084. Enforcement of contracts or obligations. - If a person who is either jointly or jointly and...

§12-1085. Death of nonresident. - When a nonresident who is subject to the jurisdiction of...

§12-1101. Offer to allow judgment to be taken. - The defendant, in an action for the recovery of money...

§12-1101.1. Civil actions - Offers of judgment - Counteroffers - Recovery of costs and attorney fees. - A. Actions for personal injury, wrongful death, and certain specified...

§12-1102. Offer not ground for continuance. - The making of an offer, pursuant to the provisions contained...

§12-1103. Submission of controversy without suit. - Parties to a question, which might be the subject of...

§12-1104. Record, submission without suit. - The case, the submission and a copy of the judgment...

§12-1105. Judgment and reversal, submission without suit. - The judgment shall be with costs, may be enforced, and...

§12-1106. Offer to confess judgment in part. - After an action for the recovery of money is brought,...

§12-1107. Surety may sue principal for performance. - A surety may maintain an action against his principal, to...

§12-1108. Suit by surety before liability due. - A surety may maintain an action against his principal, to...

§12-1109. Remedies. - In such action the surety may obtain any of the...

§12-1116. Order defined. - Every direction of a court or judge made or entered...

§12-1117. Orders to be entered. - Orders made out of court shall be forthwith entered by...

§12-1118. Powers of judges at chambers. - Judges of the district, superior and county courts shall within...

§12-1141. Action to quiet title - Sham legal process. - A. An action may be brought by any person in...

§12-1141.1. Short title. - This act shall be known and may be cited as...

§12-1141.2. Definitions. - As used in this act: 1. “Apparent cloud” means an...

§12-1141.3. Procedures alternative to quiet title action to remove cloud on title. - A. Any person or any entity having an interest or...

§12-1141.4. Notice – Respondent’s request for clarification or information – Failure of respondent to deliver curative instrument or take corrective action. - A. The requestor shall prepare the notice as described in...

§12-1141.5. Liability for damages, costs and attorney fees. - A. If a requestor prepares a notice pursuant to Section...

§12-1142. Actions to recover real property. - In actions for the recovery of real property, it shall...

§12-1143. Answer in action to recover real property. - It shall be sufficient in such action, if the defendant...

§12-1144. Action by tenant against cotenant. - In an action, by a tenant in common of real...

§12-1145. Recovery where plaintiff's right ceases during action. - In an action for the recovery of real property, where...

§12-1146. New trial in action to recover real property. - In all actions for the recovery of real property one...

§12-1147.1. Determination of rights of living persons and persons not in being - Direction for sale and holding proceeds in trust. - If it shall appear in any suit or proceeding in...

§12-1147.2. Possible claim affecting undivided interest. - When, under the circumstances stated in Section 1, the possible...

§12-1147.3. Parties to proceedings - Representation of persons not in being - Guardian ad litem. - No sale of real estate hereunder shall be made unless...

§12-1147.4. Sale - Trustee - Notice - Terms - Return - Deed - Confirmation. - Where a sale is made under the provisions of this...

§12-1147.5. Trust in proceeds of sale. - Upon confirming the sale of real estate under the provisions...

§12-1147.6. Fees and costs. - The court shall fix all fees and costs including reasonable...

§12-1148.1. Jurisdiction - Forcible entry and detention - Joinder of actions - Judgments no bar. - The district court shall have jurisdiction to try all actions...

§12-1148.2. Powers of court. - The court shall have power to inquire, in the manner...

§12-1148.3. Extent of jurisdiction. - Proceedings under this act may be had in all cases...

§12-1148.4. Issuance and return of summons - Content - Amending pleading to conform to evidence. - The summons shall be issued and returned as in other...

§12-1148.5. Service of summons. - The summons may be served as in other cases except...

§12-1148.5A. Constructive service of summons. - If, in the exercise of reasonable diligence, service cannot be...

§12-1148.6. Answer or affidavit by defendant. - A. In all cases in which the defendant wishes to...

§12-1148.7. Jury trial - Trial by court. - If neither party demands a jury trial on or before...

§12-1148.8. Procedure where no jury available. - If a jury be demanded by either party, and no...

§12-1148.9. Attorney fee. - A reasonable attorney fee shall be allowed by the court...

§12-1148.10. Writ of execution - Form - New trial. - If judgment be for plaintiff, the court shall, at the...

§12-1148.10A. Notice of writ - Filing of original - Execution of writ - Refusal to surrender possession - Assistance of law enforcement - Appeal. - A. The plaintiff or agent of the plaintiff or officer...

§12-1148.10B. Curing of default - Good faith claim of failure to provide minimum services. - A. A tenant shall be allowed to cure a default...

§12-1148.13. Codification. - This act shall be incorporated in Title 12, Oklahoma Statutes....

§12-1148.14. Forcible entry and detainer action not exceeding jurisdictional amount for small claims court - Small claims docket. - An action for forcible entry and detainer brought pursuant to...

§12-1148.15. Affidavit - Form. - The actions for unlawful entry and detainer standing alone or...

§12-1148.16. Summons - Form. - The summons to be issued in an action for forcible...

§12-1151. Grounds for attachment. - The plaintiff in a civil action for the recovery of...

§12-1152. Attachment affidavit. - An order of attachment shall be issued by the judge...

§12-1153. Attachment bonds. - The order of attachment shall not be issued until an...

§12-1154. Order of attachment. - The order of attachment shall be directed and delivered to...

§12-1155. Orders to several counties. - Orders of attachment may be issued to the sheriffs of...

§12-1156. Returnable, when. - The return day of the order of attachment when issued...

§12-1157. Order of execution. - Where there are several orders of attachment against the defendant,...

§12-1158. Execution of order. - The order of attachment shall be executed by the sheriff,...

§12-1159. Service of order - Custody of attached property - Filing of order. - When the property attached is real property, the officer shall...

§12-1160. Redelivery on bond. - The sheriff shall deliver the property attached to the person...

§12-1170. Definitions. - A. For the purposes of this subsection and Sections 1171.2...

§12-1171. Right to garnishment - Classes of garnishment. - A. Any creditor shall be entitled to proceed by garnishment...

§12-1171.1. Money earned from prejudgment garnishment - Exemption. - A. Money that was earned by a natural person as...

§12-1171.2. Child support payment - Income assignment or garnishment proceedings. - A. Any person awarded custody of and support for a...

§12-1171.3. Income assignment proceedings. - A. In all child support cases arising out of an...

§12-1172. Commencement of garnishment proceedings - Affidavit. - A. Garnishment proceedings, whether prejudgment or postjudgment, shall be commenced...

§12-1172.1. Prejudgment and postjudgment summons - Procedure. - A. A garnishee summons shall not be issued in any...

§12-1172.2. Notice of garnishment and exemptions - Payment of funds by garnishee. - A. When a garnishment summons is issued in any action...

§12-1173. Noncontinuing earnings garnishment - Summons - Answer - Priority of lien. - A. Any judgment creditor may obtain a noncontinuing lien on...

§12-1173.2. Summons - Garnishment for collection of support. - Upon the filing of such affidavit and the undertaking and,...

§12-1173.3. General garnishment - Affidavit - Summons - Answer. - A. A general garnishment shall be commenced by filing the...

§12-1173.4. Continuing earnings garnishment. - A. Any judgment creditor may obtain a continuing lien on...

§12-1174. Notice to defendant of garnishment proceedings. - A. In all cases of garnishment before judgment, the defendant...

§12-1175. Subsequent proceedings. - The judgment creditor may in like manner subsequently proceed against...

§12-1177. Trial of issue - Judgment on answer. - The answer of the garnishee shall in all cases be...

§12-1178. Garnishee's affidavit where garnishment summons on earnings. - A. For the purposes of this section, "earnings" means any...

§12-1178.1. Summons for collection of support - Affidavit - Garnishee's answer. - A. For the purposes of this section, "wages" or "earnings"...

§12-1178.2. General garnishee summons - Affidavit - Garnishee's answer. - A. Where the garnishment summons is not on earnings, is...

§12-1179. Failure of garnishee to answer. - If any garnishee, having been duly summoned, shall fail to...

§12-1180. Persons authorized to make answer. - The answer of a corporation summoned as a garnishee may...

§12-1181. Mutual defense by garnishee and defendant. - At any time before final order or judgment against the...

§12-1182. Proceedings deemed actions - Judgment and enforcement - Trial and dismissal - Unmatured or unliquidated debts. - The proceedings against a garnishee shall be deemed an action...

§12-1183. Examination of garnishee. - The garnishee may be examined by the judgment creditor in...

§12-1184. Disclaimer by garnishee - Interpleading interested party. - When the answer of the garnishee shall disclose that any...

§12-1185. Liability of garnishee. - From the time of the service of the summons upon...

§12-1186. Garnishee not liable for what - Judgment on unmatured obligation. - No judgment shall be rendered upon a liability of the...

§12-1187. Action by defendant against garnishee. - No action shall be commenced by the defendant or his...

§12-1188. Bond by defendant. - The defendant may, at any time after the garnishment affidavit...

§12-1189. Justification of sureties - Garnishees discharged. - When the plaintiff excepts, the sureties shall appear for justification...

§12-1190. Costs - Attorney fee. - A. 1. A garnishee may deduct a fee of Ten...

§12-1192. Garnishment of money due from state, county or municipality - Exceptions. - That it shall be lawful for any creditor of any...

§12-1193. Summons - Service when state, state department or institution, county or municipality garnished - Warrants. - Where the state is garnisheed, service shall be made by...

§12-1194. State or political subdivisions as garnishee - Judgments. - No judgment shall be rendered against the state, or any...

§12-1195. Garnishment bond not required when state is plaintiff. - That in all actions in which the State of Oklahoma...

§12-1196. Judgment - Garnishee liability to defendant. - If the plaintiff takes issue with the answer of the...

§12-1221. Different attachments of same property. - Different attachments of the same property may be made by...

§12-1222. Subsequent attachment. - Where property is under attachment, it shall be attached under...

§12-1223. Return of order. - The officer shall return, upon every order of attachment, what...

§12-1224. Appointment and bond of receiver. - The court, or any judge thereof, during vacation, may, on...

§12-1225. Duties of receiver. - Such receiver shall take possession of all notes, due bills,...

§12-1226. Notice to debtors. - Such receiver shall forthwith give notice of his appointment to...

§12-1227. Report to courts. - Such receiver shall, when required, report his proceedings to the...

§12-1228. Sheriff to act as receiver - When. - Where a receiver is not appointed by the court or...

§12-1229. Disposition of property. - The court shall make proper orders for the preservation of...

§12-1230. Bond to discharge attachment. - If the defendant, or other person on his behalf, at...

§12-1231. Bond - Execution in vacation. - The undertaking mentioned in the last section may, in vacation,...

§12-1233. Garnishee may pay money into court. - A garnishee may pay the money owing to the defendant...

§12-1234. Discharge of attachment - Proceedings. - If judgment be rendered in the action for the defendant...

§12-1235. Judgment for plaintiff - How satisfied - Surplus. - If judgment be rendered for the plaintiff, it shall be...

§12-1236. Delivery to sheriff of attached property. - The court may compel the delivery to the sheriff, for...

§12-1237. Possession by sheriff. - The court may order the sheriff to repossess himself, for...

§12-1238. Reference to ascertain priority of attachments. - Where several attachments are executed upon the same property, or...

§12-1239. Jurisdiction after issuance of order of attachment - Proceedings not abated by death or expiration of charter, etc. - From the time of the issuing of the order of...

§12-1240. Additional security by plaintiff. - The defendant may, at any time before judgment, after reasonable...

§12-1241. Motion to discharge attachment. - The defendant may, at any time before judgment upon reasonable...

§12-1242. Affidavits and evidence in opposition to motion. - If the motion be made upon affidavits, on the part...

§12-1243. Action and attachment against fraudulent debtor. - Where a debtor has sold, conveyed or otherwise disposed of...

§12-1244. No judgment until claim due. - The plaintiff in such action shall not have judgment on...

§12-1331. Persons who may prosecute writ. - Every person restrained of his liberty, under any pretense whatever,...

§12-1332. Application - How made - Contents. - Application for the writ shall be made by petition, signed...

§12-1333. Courts which may grant writ - Grant without delay. - Writs of habeas corpus may be granted by any court...

§12-1334. Direction and command of writ. - The writ shall be directed to the officer or party...

§12-1335. Delivery to sheriff. - If the writ be directed to the sheriff, it shall...

§12-1336. Service on party other than sheriff. - If the writ be directed to any other person, it...

§12-1337. Service when person not found or refuses admittance. - If the person to whom such writ is directed cannot...

§12-1338. Return of writ - Enforcing obedience. - The sheriff or other person to whom the writ is...

§12-1339. Return - Signature and verification - Contents - Production of party. - The return must be signed and verified by the person...

§12-1340. Proceedings in case of allegation of sickness or imfirmity - Exceptions to return - Controverting - New matter - Amendments. - The court or judge, if satisfied with the truth of...

§12-1341. Hearing and discharge. - The court or judge shall thereupon proceed in a summary...

§12-1342. Inquiry into legality of judgment or process - Limitations. - No court or judge shall inquire into the legality of...

§12-1343. Procedure when person committed for want of bail - Defects in charge or process - Want of probable cause. - No person shall be discharged from an order of commitment...

§12-1344. Writ may issue to admit to bail. - The writ may be had for the purpose of letting...

§12-1345. Notice to interested persons before discharge. - When any person has an interest in the detention, the...

§12-1346. Power of court - Attendance of witnesses. - The court or judge shall have power to require and...

§12-1347. Officers not liable for obeying orders. - No sheriff or other officer shall be liable to a...

§12-1348. Issuance of warrant to prevent removal from jurisdiction. - Whenever it shall appear by affidavit that anyone is illegally...

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Oklahoma Statutes Title 12. Civil Procedure

Oklahoma Statutes
Title 12. Civil Procedure