Oklahoma Statutes
Title 12. Civil Procedure
§12-1758. Counterclaim or setoff by verified answer.

No formal pleading, other than the claim and notice, shall be necessary, but if the defendant wishes to state new matter which constitutes a counterclaim or a setoff, he shall file a verified answer, a copy of which shall be delivered to the plaintiff in person, and filed with the clerk of the court not later than seventy-two (72) hours prior to the hour set for the first appearance of said defendant in such action. Such answer shall be made in substantially the following form:

COUNTERCLAIM OR SETOFF
In the District Court,
County of _______________,
State of Oklahoma.
____________________
Plaintiff
____________________
Defendant
Claim of defendant.
STATE OF OKLAHOMA )
COUNTY OF _________)
__________, being first duly sworn, deposes and says: That said plaintiff is indebted to said defendant in the sum of $________ for _______, which amount defendant prays may be allowed as a claim against the plaintiff herein.
Subscribed and sworn to before me this _____ day of _____, 19__.
Added by Laws 1968, c. 322, § 8, eff. Jan. 13, 1969. Amended by Laws 1985, c. 284, § 2, eff. Nov. 1, 1985; Laws 1995, c. 136, § 2, eff. Nov. 1, 1995.

Structure Oklahoma Statutes

Oklahoma Statutes

Title 12. Civil Procedure

§12-1. Title of chapter.

§12-2. Force of common law.

§12-19.1. Affidavit of consultation with qualified expert - Extension - Exemption.

§12-20. Definitions.

§12-22. Books to be kept by district clerk.

§12-23. Appearance docket.

§12-24. Journal record - Instruments to be entered - Microfilm.

§12-24.1. Disposal of records.

§12-27. Clerk may collect judgment and costs.

§12-28. Clerks to issue writs and orders - Preparation.

§12-29. Clerks to file and preserve papers - Refusal to file sham legal process.

§12-30. Each case to be kept separate - Correction of case number or other identifying data.

§12-31. Endorsements.

§12-31.1. Removal of records or files from office of court clerk.

§12-32. Entry on return of summons.

§12-32.1. Material for record.

§12-32.1A. Supreme Court to make rules for display of court records online.

§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.

§12-34. Applicable to what courts.

§12-35. Powers and duties of clerks - Statistical and other information for Supreme Court, President Pro Tempore of Senate and Speaker of House.

§12-35.1. Court clerk may process passports - Election - Passport fees.

§12-38. Seal of clerk of district court.

§12-39. Court clerk – Prohibition of posting documents containing certain charges on court-controlled website.

§12-51. Style of process.

§12-52. Appointment of substitute for sheriff.

§12-53. Sheriff to endorse time of receipt on process.

§12-54. Must execute and return process - Execution by county clerk when sheriff disqualified.

§12-55. Sheriff may adjourn court, when.

§12-61. Justification of surety.

§12-62. Qualifications of surety.

§12-63. Real estate mortgage as bond.

§12-64. Valuation of real estate.

§12-65. False valuation - Penalty.

§12-66. State as a party – Bond not required – Automatic stay - Payment of costs.

§12-68. Appearance bond - Application of penalty - Right to enforce.

§12-71. Deputy may perform official duties.

§12-72. Affirmation.

§12-74. Supreme Court rules.

§12-75. Publications in "patent insides".

§12-76. Action on official bond.

§12-77. May be several actions on same security.

§12-78. Immaterial errors to be disregarded.

§12-81. Payments into court for infant or incompetent person - Disposition.

§12-83. Conserving monies obtained for or on behalf of persons under eighteen years of age in court proceedings.

§12-86. Short title - Oklahoma Statutory Thresholds for Settlements Involving Minors Act of 2022.

§12-86.1. Conditions for settlement agreements for minors – Payment process.

§12-91. Actions barred not revived.

§12-92. Limitations applicable.

§12-93. Limitation of real actions.

§12-94. Persons under disability - Time to sue to recover realty.

§12-95. Limitation of other actions.

§12-96. Persons under disability in actions other than to recover realty - Exceptions - Personal injury to minor arising from medical malpractice.

§12-98. Absence or flight of defendant - Effect of other laws.

§12-100. Limitation of new action after reversal or failure otherwise than on merits.

§12-101. Extension of limitation - Part payment, acknowledgment or new promise.

§12-102. Statutory bar absolute - Exception.

§12-104. Claims arising outside state - "Claim" defined.

§12-105. Law governing.

§12-107. Uniform law.

§12-108. Citation.

§12-109. Limitation of action to recover damages arising from design, planning or construction of improvement to real property.

§12-110. Injury occurring during fifth year after substantial completion.

§12-111. Period for bringing actions not extended.

§12-113. "Person" defined.

§12-130. Actions brought pursuant to Affordable Access to Health Care Act.

§12-131. Actions brought where subject located.

§12-132. Realty located in two or more counties - Specific performance.

§12-133. Actions brought where cause arose.

§12-134. Domestic corporations.

§12-135. Actions against transportation or transmission companies.

§12-136. Actions against turnpike companies.

§12-137. Actions against foreign corporations and nonresidents.

§12-139. Other actions - Venue when creditor has assigned right.

§12-140. Change of venue.

§12-140.1. Transfer of case to other county.

§12-140.3. Forum non conveniens – Considerations in motions to stay, transfer or dismiss.

§12-141. Actions for damages by motor vehicles or watercraft.

§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.

§12-143. Venue statutes as cumulative - Application.

§12-150. Medical liability actions - Summons.

§12-154. Summons may issue to other county.

§12-158.1. Private process servers - Licensing - Qualifications - Fees - Hearing - Notice - Protests - Proof of service - Revocation of license - List of licensees - Statewide registry.

§12-158.2. Request of server - Fees.

§12-171.1. Effect of affidavit of service.

§12-177.1. Judgment against unknown heirs or devisees - Judgment against party served by publication.

§12-177.2. Limitation of actions.

§12-178. Service on some of several defendants.

§12-179. Judgment no bar as to defendants not served.

§12-181. Record of judgment in realty case.

§12-182. Unincorporated associations and trusts - Suits against - Service of process.

§12-187. Action against nonresident defendant(s) - Venue.

§12-192.1. Indigency exemption - Promulgation of rules.

§12-236a. Party defendants in real property actions.

§12-303. Libel or slander - Alleging publication concerning plaintiff.

§12-304. Truth as defense in libel or slander - Mitigation.

§12-305. Description of real property.

§12-305.1. Pleading recorded instruments affecting real estate.

§12-309. Tenders - How made - Deposit in court.

§12-310. Lost pleadings.

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

§12-393. Attachment of witness for nonattendance.

§12-394. Punishment for contempt - Liability to party injured.

§12-395. Discharge when imprisonment illegal.

§12-396. Requisites of attachment - Order of commitment.

§12-397. Prisoner as witness or complaining or defending party - Release for examination - Notice - Attorney fee award prohibited - Writ of habeas corpus.

§12-398. Examination by deposition - Custody.

§12-399. Witness privileged.

§12-400. Witness may demand fees each day - Exception.

§12-411. Privilege.

§12-412. Procedure.

§12-413. Oaths.

§12-414. Penalties.

§12-415. Disgrace as ground for refusal to testify.

§12-416. Prosecution.

§12-417. Fees and mileage.

§12-421. Modes of taking testimony.

§12-422. Affidavit defined.

§12-426. Statement under penalty of perjury.

§12-431. Use of affidavit.

§12-432. Where and before whom taken.

§12-551. Trial defined.

§12-552. How issues arise - Kinds of issues.

§12-556. Trial of issues.

§12-556.1. Constituency of juries in civil actions - Trial without jury in certain cases.

§12-557. Certain issues of fact tried by court.

§12-571. Summoning jury.

§12-572. Causes for challenging jurors.

§12-573. Order of challenges.

§12-574. Vacancies filled at once - Challenges to jurors.

§12-575.1. Selection of jury in discretion of court - Manner.

§12-576. Oath of jury.

§12-577. Order of trial.

§12-577.1. Oklahoma Uniform Jury Instructions - Institution of.

§12-577.2. Use of instructions - Requests - Copies.

§12-577.3. Appropriations.

§12-577.4. Damage awards - Applicability of federal and state income tax.

§12-578. Exceptions to instructions - Copies to parties.

§12-579. View by jury.

§12-580. Jury may decide in court or retire - Keeping together - Communications to jury or concerning deliberations.

§12-581. Admonition of jury on separation.

§12-582. Information after retirement.

§12-583. Discharged, when.

§12-584. Retrial.

§12-585. Delivery of verdict.

§12-586. Requisites of verdicts - Reading and inquiry by clerk - Correction of defects in form.

§12-587. General and special verdict.

§12-588. General and special findings.

§12-589. When special finding inconsistent with general verdict.

§12-590. Jury must assess amount of recovery.

§12-591. Waiver of jury.

§12-611. Findings of fact and conclusions of law.

§12-612. Reference of issues by consent of parties.

§12-613. Reference by court, when.

§12-614. Trial before referee - Report.

§12-615. Appointment of referee.

§12-616. Exceptions - Signature and return with report.

§12-617. Reference in vacation.

§12-618. Oath of referee.

§12-619. Compensation.

§12-620. Reference by district or superior court - Report and transcript - Filing.

§12-621. Notice before filing report.

§12-622. Objections to report.

§12-624. Appeal as provided in code of civil procedure.

§12-630. Formal exceptions unnecessary - What acts sufficient.

§12-631. Exception defined.

§12-636. Immaterial exception.

§12-637. Exceptions may be withdrawn.

§12-651. New trial - Definition - Causes for.

§12-653. Time of application.

§12-654. Application, how made - Affidavits.

§12-655. Petition for new trial on grounds discovered more than 10 days after judgment, decree, or appealable order was filed.

§12-661. Amount of damages recoverable.

§12-662. Provisions applicable to trials by court.

§12-663. Trial docket.

§12-664. Trial docket for bar.

§12-665. Order of trial of cases docketed.

§12-666. Time of trial.

§12-667. Continuances - Power to grant - Costs - Continuances and appeals when member of Legislature is party or attorney.

§12-668. Affidavit for continuance.

§12-681. Judgment defined.

§12-682. Given for or against whom - Dismissal of petition - Suits against officers, directors and shareholders - Statute of limitations.

§12-683. Dismissal of action - Grounds and time.

§12-684. Dismissal of case – With and without order of court.

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

§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.

§12-687. Judgment for conveyance, release or acquittance - Sheriff may execute when party fails to do so.

§12-688. Taking account or proof or assessment of damages on default or decision of issue of law.

§12-689. Judgment by confession.

§12-696.2. Preparation, service, and filing of judgments, decrees and appealable orders.

§12-696.3. Contents of filed judgments - Decrees and appealable orders - Clerk's endorsement - Service.

§12-696.4. Costs and attorney fees.

§12-698. Judgment notwithstanding verdict.

§12-700. Judgment against infant - Right of infant to show cause against judgment one year after reaching majority.

§12-706. Scope of section - Creation of lien - Judgment index - Execution of judgment - Effect of filing or recording a judgment - Acceptance by county clerk.

§12-706.2. Cash deposit on appeal from money judgment - Release of lien - Hearing.

§12-706.3. Additional cash deposits.

§12-707. Dismissal or default judgment against state - Necessity of proof of notice.

§12-708. Form and proof of notice - Fee.

§12-709. Effect of violation.

§12-718.1. Short title.

§12-718.2. Definitions.

§12-718.3. Applicability.

§12-718.4. Standards for recognition of foreign-country judgment.

§12-718.5. Personal jurisdiction.

§12-718.6. Procedure for recognition of foreign-country judgment.

§12-718.7. Effect of recognition of foreign-country judgment.

§12-718.8. Stay of proceedings pending appeal of foreign-country judgment.

§12-718.9. Statute of limitations.

§12-718.10. Uniformity of interpretation.

§12-718.11. Saving clause.

§12-718.12. Effective date.

§12-718A. Foreign defamation judgments.

§12-719. Uniform Enforcement of Foreign Judgments Act.

§12-720. Definition.

§12-721. Filing and status of foreign judgments.

§12-722. Notice of filing.

§12-723. Stay.

§12-724. Fees.

§12-725. Optional procedure.

§12-726. Uniformity of interpretation.

§12-727. Interest on judgments rendered on or after January 1, 2000, but before January 1, 2005.

§12-727.1. Interest on judgments rendered on or after January 1, 2005.

§12-728. Standards for recognizing records and proceedings of tribal courts - Reciprocity.

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

§12-729.1. Short title.

§12-729.2. Definitions.

§12-729.3. Application of act.

§12-729.4. Variation of act by agreement of parties.

§12-729.5. Determining proper money of claim.

§12-729.6. Determining amount to be paid in foreign money.

§12-729.7. Assertion of claim or defense using a foreign money.

§12-729.8. Judgment or award on foreign-money claim.

§12-729.9. Rate of exchange.

§12-729.10. Interest.

§12-729.11. Enforcement of foreign judgment.

§12-729.12. Enforcement of provisional remedies.

§12-729.13. Foreign money revalorization.

§12-729.14. Principles of law and equity - Construction of act.

§12-729.15. Prospective applicability of act.

§12-729.16. Construction to effectuate general purpose of act.

§12-731. Executions - Defined - How issued - Different counties.

§12-732. Kinds of executions.

§12-733. Property subject to levy.

§12-734. Property bound after seizure.

§12-735. Must be issued within five years or judgment becomes unenforceable - Inapplicable to municipalities or child support judgments.

§12-736. Execution to command levy on personalty before levy on realty - Endorsement of amount of debt, damages, and costs on execution.

§12-737. Priority among executions.

§12-751. Levy on goods and chattels, then on realty - Sale of lands subject to liens - Appraisement.

§12-752. Attachments and executions, who levied by.

§12-753. Same void when issued to or levied otherwise.

§12-754. Penalty.

§12-755. Property claimed by third person - Plaintiff to secure officer.

§12-756. Redelivery to defendant, when - Undertaking.

§12-757. Notice of sale of chattels - Acceptance of bids - Inventory for want of bidders.

§12-758. Further levy when property taken insufficient.

§12-759. Filing and index of execution - Appraisement of property - Extension of judgment lien.

§12-760. Waiver of appraisement - Order of sale not to issue until six months after judgment.

§12-761. Return of appraisement - Sale.

§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.

§12-763. Judgments against public officers - Sale without valuation.

§12-764. Notice of sale of realty.

§12-765. Confirmation of sale - Objections.

§12-766. Sheriff's deed - Title transferred - Requisites.

§12-767. Officers may require advance of printer's fees.

§12-768. Same - Officer must make demand.

§12-769. Place of sale - Officers or appraisers not to purchase.

§12-770. Other executions of realty not sold.

§12-771. Levy on realty under several executions.

§12-772. Deed by successor of officer making sale.

§12-773. Payment to defendant of overplus after sale.

§12-774. Reversal of judgment after sale of land.

§12-775. Execution on judgment in favor of state - Purchase by state - Resale - Disposition of funds received.

§12-801. Reappraisal where realty twice advertised for sale.

§12-802. Return.

§12-803. Principal and surety - Levy against principal before surety.

§12-811. Action for officer's neglect or refusal - Notice.

§12-812. Action against clerk of court for refusal or neglect to pay over money - Notice.

§12-813. Action for refusal to pay over money - Amount liable for.

§12-814. Execution to sheriff of another county.

§12-815. Return by sheriff of other county - Proof of timely mailing of return.

§12-816. Forwarding of proceeds of execution by mail.

§12-817. Sureties of sheriff made parties on amercement - Attachment.

§12-818. Officer or court clerk subject to action for neglect or refusal to perform certain duties may collect on original judgment.

§12-831. Joint debtors or sureties may have contribution or repayment.

§12-832. Joint tort-feasors - Contribution - Indemnity - Exemptions - Release, covenant not to sue, etc.

§12-832.1. Product liability actions – Duty of manufacturer to indemnify seller.

§12-841. Property, equitable interests subject to execution.

§12-842. Debtor’s appearance and answer regarding property - Subpoena - Contempt citation or bench warrant upon failure to appear - Discovery - Attorney fee.

§12-844. Arrest of debtor in danger of leaving state, concealing himself or transferring assets - Undertaking - Commitment.

§12-845. Defendant must answer questions - Answers inadmissible in prosecution for fraud.

§12-846. Debtor of defendant may pay execution - Sheriff's receipt as discharge.

§12-848. Evidence on inquiry - Witnesses.

§12-849. Examination under oath - Answer by corporation.

§12-850. Order for application of property to satisfaction of judgment - Contempt proceedings - Installment payments from earnings - Modification of order.

§12-852. Receiver may be appointed - Forbidding transfer of property.

§12-853. Sale of equitable interests in realty.

§12-854. Sheriff as receiver - Bond of receiver - Other person appointed receiver.

§12-855. Rights and powers of receiver.

§12-856. Receiver entitled to possession of property.

§12-857. Continuance.

§12-858. Reference.

§12-859. Contempts.

§12-860. Form, service and filing of orders.

§12-861. Fees allowed taxed as costs.

§12-862. Clerk's fees.

§12-901. Execution for delivery of property.

§12-902. Enforcing judgment in other cases.

§12-903. Execution must conform to judgment.

§12-909. Filing to be without charge.

§12-921.1. Legal Services Revolving Fund.

§12-922. Affidavit in forma pauperis.

§12-923. False swearing in such case.

§12-926. Costs where defendant disclaims.

§12-927. Certain costs taxed at discretion of court.

§12-928. Costs to successful plaintiff as matter of course.

§12-929. Costs to successful defendant as matter of course.

§12-930. Costs in other cases - Apportionment of costs - Discretion of court.

§12-931. Several actions on joint instrument.

§12-935. Deposit insufficient - Apportionment to claimants.

§12-936. Attorney fees taxed as costs in actions for labor or services rendered or on certain accounts, bills and contracts.

§12-937. Attorney fees taxed as costs in actions to collect on checks.

§12-938. Attorney fees taxed as costs in certain actions relating to public utilities.

§12-939. Attorney fees taxed as costs in actions for breach of an express warranty.

§12-940. Negligent or willful injury to property - Attorney's fees and costs - Offer and acceptance of judgment.

§12-941. Actions by state entities - Court costs, witness fees and attorney fees.

§12-942. Costs which judges are required to award.

§12-951. Appellate jurisdiction of the district court.

§12-952. Jurisdiction of Supreme Court.

§12-953. Final order defined.

§12-975. Judgment on appeal - Mandate to issue to lower court.

§12-978. Costs on appeal.

§12-978.1. Recovery of costs for review of certain interlocutory orders on appeal or on certiorari.

§12-979. Neglect of clerk not error.

§12-980. Writs of error and certiorari abolished.

§12-984. Applicable to what courts.

§12-985. Who need not give bond on appeal.

§12-990.1. Jurisdiction of certain appeals - Time limit for counter-appeals and cross-appeals.

§12-990.2. Time for appeal - Effect of post-trial motions.

§12-990.3. Time for enforcement of judgments, decrees or final orders.

§12-990.4. Stay of enforcement - Judgments, decrees or final orders.

§12-990.5. Stay of enforcement against political subdivisions of the state.

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

§12-991. Right to perfect appeal to Supreme Court without filing motion for new trial - Exemption.

§12-992. Errors in perfecting appeals - Raising - Waiver.

§12-993. Appeals from certain orders.

§12-994. Judgment involving multiple claims or parties.

§12-994.2. Medicaid recovery - Oklahoma Health Care Authority recovery - Calculations.

§12-995. Frivolous appeals, cross-appeals or original proceedings - Dismissal and sanctions.

§12-1031. District court - Power to vacate or modify its judgments, when.

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

§12-1032. Proceedings to be by motion - Notice.

§12-1033. Proceedings by petition, when - Summons.

§12-1034. Trial of application to vacate.

§12-1035. Liens and securities preserved.

§12-1036. Suspending proceedings - Bond.

§12-1037. Suspension where judgment given prematurely.

§12-1038. Limitations.

§12-1051. Causes of action that survive.

§12-1052. Actions which abate on death of party.

§12-1053. Wrongful death - Limitation of actions - Damages.

§12-1054. Action for death - Who may sue.

§12-1055. Death of a child.

§12-1081. Death of party after verdict or judgment.

§12-1082. Dissolved partnerships.

§12-1083. Dismissal of any actions in which no pleadings have been filed for a year.

§12-1084. Enforcement of contracts or obligations.

§12-1085. Death of nonresident.

§12-1101. Offer to allow judgment to be taken.

§12-1101.1. Civil actions - Offers of judgment - Counteroffers - Recovery of costs and attorney fees.

§12-1102. Offer not ground for continuance.

§12-1103. Submission of controversy without suit.

§12-1104. Record, submission without suit.

§12-1105. Judgment and reversal, submission without suit.

§12-1106. Offer to confess judgment in part.

§12-1107. Surety may sue principal for performance.

§12-1108. Suit by surety before liability due.

§12-1109. Remedies.

§12-1116. Order defined.

§12-1117. Orders to be entered.

§12-1118. Powers of judges at chambers.

§12-1141. Action to quiet title - Sham legal process.

§12-1141.1. Short title.

§12-1141.2. Definitions.

§12-1141.3. Procedures alternative to quiet title action to remove cloud on title.

§12-1141.4. Notice – Respondent’s request for clarification or information – Failure of respondent to deliver curative instrument or take corrective action.

§12-1141.5. Liability for damages, costs and attorney fees.

§12-1142. Actions to recover real property.

§12-1143. Answer in action to recover real property.

§12-1144. Action by tenant against cotenant.

§12-1145. Recovery where plaintiff's right ceases during action.

§12-1146. New trial in action to recover real property.

§12-1147.1. Determination of rights of living persons and persons not in being - Direction for sale and holding proceeds in trust.

§12-1147.2. Possible claim affecting undivided interest.

§12-1147.3. Parties to proceedings - Representation of persons not in being - Guardian ad litem.

§12-1147.4. Sale - Trustee - Notice - Terms - Return - Deed - Confirmation.

§12-1147.5. Trust in proceeds of sale.

§12-1147.6. Fees and costs.

§12-1148.1. Jurisdiction - Forcible entry and detention - Joinder of actions - Judgments no bar.

§12-1148.2. Powers of court.

§12-1148.3. Extent of jurisdiction.

§12-1148.4. Issuance and return of summons - Content - Amending pleading to conform to evidence.

§12-1148.5. Service of summons.

§12-1148.5A. Constructive service of summons.

§12-1148.6. Answer or affidavit by defendant.

§12-1148.7. Jury trial - Trial by court.

§12-1148.8. Procedure where no jury available.

§12-1148.9. Attorney fee.

§12-1148.10. Writ of execution - Form - New trial.

§12-1148.10A. Notice of writ - Filing of original - Execution of writ - Refusal to surrender possession - Assistance of law enforcement - Appeal.

§12-1148.10B. Curing of default - Good faith claim of failure to provide minimum services.

§12-1148.13. Codification.

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

§12-1148.15. Affidavit - Form.

§12-1148.16. Summons - Form.

§12-1151. Grounds for attachment.

§12-1152. Attachment affidavit.

§12-1153. Attachment bonds.

§12-1154. Order of attachment.

§12-1155. Orders to several counties.

§12-1156. Returnable, when.

§12-1157. Order of execution.

§12-1158. Execution of order.

§12-1159. Service of order - Custody of attached property - Filing of order.

§12-1160. Redelivery on bond.

§12-1170. Definitions.

§12-1171. Right to garnishment - Classes of garnishment.

§12-1171.1. Money earned from prejudgment garnishment - Exemption.

§12-1171.2. Child support payment - Income assignment or garnishment proceedings.

§12-1171.3. Income assignment proceedings.

§12-1172. Commencement of garnishment proceedings - Affidavit.

§12-1172.1. Prejudgment and postjudgment summons - Procedure.

§12-1172.2. Notice of garnishment and exemptions - Payment of funds by garnishee.

§12-1173. Noncontinuing earnings garnishment - Summons - Answer - Priority of lien.

§12-1173.2. Summons - Garnishment for collection of support.

§12-1173.3. General garnishment - Affidavit - Summons - Answer.

§12-1173.4. Continuing earnings garnishment.

§12-1174. Notice to defendant of garnishment proceedings.

§12-1175. Subsequent proceedings.

§12-1177. Trial of issue - Judgment on answer.

§12-1178. Garnishee's affidavit where garnishment summons on earnings.

§12-1178.1. Summons for collection of support - Affidavit - Garnishee's answer.

§12-1178.2. General garnishee summons - Affidavit - Garnishee's answer.

§12-1179. Failure of garnishee to answer.

§12-1180. Persons authorized to make answer.

§12-1181. Mutual defense by garnishee and defendant.

§12-1182. Proceedings deemed actions - Judgment and enforcement - Trial and dismissal - Unmatured or unliquidated debts.

§12-1183. Examination of garnishee.

§12-1184. Disclaimer by garnishee - Interpleading interested party.

§12-1185. Liability of garnishee.

§12-1186. Garnishee not liable for what - Judgment on unmatured obligation.

§12-1187. Action by defendant against garnishee.

§12-1188. Bond by defendant.

§12-1189. Justification of sureties - Garnishees discharged.

§12-1190. Costs - Attorney fee.

§12-1192. Garnishment of money due from state, county or municipality - Exceptions.

§12-1193. Summons - Service when state, state department or institution, county or municipality garnished - Warrants.

§12-1194. State or political subdivisions as garnishee - Judgments.

§12-1195. Garnishment bond not required when state is plaintiff.

§12-1196. Judgment - Garnishee liability to defendant.

§12-1221. Different attachments of same property.

§12-1222. Subsequent attachment.

§12-1223. Return of order.

§12-1224. Appointment and bond of receiver.

§12-1225. Duties of receiver.

§12-1226. Notice to debtors.

§12-1227. Report to courts.

§12-1228. Sheriff to act as receiver - When.

§12-1229. Disposition of property.

§12-1230. Bond to discharge attachment.

§12-1231. Bond - Execution in vacation.

§12-1233. Garnishee may pay money into court.

§12-1234. Discharge of attachment - Proceedings.

§12-1235. Judgment for plaintiff - How satisfied - Surplus.

§12-1236. Delivery to sheriff of attached property.

§12-1237. Possession by sheriff.

§12-1238. Reference to ascertain priority of attachments.

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

§12-1240. Additional security by plaintiff.

§12-1241. Motion to discharge attachment.

§12-1242. Affidavits and evidence in opposition to motion.

§12-1243. Action and attachment against fraudulent debtor.

§12-1244. No judgment until claim due.

§12-1331. Persons who may prosecute writ.

§12-1332. Application - How made - Contents.

§12-1333. Courts which may grant writ - Grant without delay.

§12-1334. Direction and command of writ.

§12-1335. Delivery to sheriff.

§12-1336. Service on party other than sheriff.

§12-1337. Service when person not found or refuses admittance.

§12-1338. Return of writ - Enforcing obedience.

§12-1339. Return - Signature and verification - Contents - Production of party.

§12-1340. Proceedings in case of allegation of sickness or imfirmity - Exceptions to return - Controverting - New matter - Amendments.

§12-1341. Hearing and discharge.

§12-1342. Inquiry into legality of judgment or process - Limitations.

§12-1343. Procedure when person committed for want of bail - Defects in charge or process - Want of probable cause.

§12-1344. Writ may issue to admit to bail.

§12-1345. Notice to interested persons before discharge.

§12-1346. Power of court - Attendance of witnesses.

§12-1347. Officers not liable for obeying orders.

§12-1348. Issuance of warrant to prevent removal from jurisdiction.

§12-1349. Arrest of party causing restraint.

§12-1350. Execution of writ - Return and proceedings.

§12-1351. Temporary orders - Change of custody.

§12-1352. Writs and processes - Issuance and service on Sunday.

§12-1353. Issue, service and amendment of process.

§12-1354. Grant of writ to parents, etc. - Protection of infants and insane persons - Proceedings.

§12-1355. Deposit or security costs not required for initial application - Payment of court costs required.

§12-1381. Injunction defined.

§12-1382. Cause for injunction - Temporary injunction.

§12-1383. When and by whom injunction granted - Affidavit showing right to.

§12-1384.1. Temporary injunction - Temporary restraining order - Notice - Granting without notice.

§12-1384.2. Granting temporary restraining order - Recovery of damages.

§12-1386. Order and service of injunction.

§12-1387. Injunction during litigation without notice - Service of order.

§12-1388. Injunction binding - When.

§12-1389. Injunction not granted where motion overruled on merits - Inferior court not to grant.

§12-1390. Enforcement - Disobedience punishable as contempt - Penalties - Jury trial.

§12-1391. Additional security.

§12-1392. Plaintiff to give bond - Amount - Attorney's fees.

§12-1393. Affidavits on hearing.

§12-1394. Application to vacate or modify injunction - Return and record of orders of judge.

§12-1395. Counter affidavits or evidence.

§12-1396. Injunction by defendant.

§12-1397. Tax or nuisance may be enjoined - Petition - No bond required.

§12-1398. Injunction prohibiting workplace harassment – Employer liability.

§12-1430. Short title - Oklahoma Citizens Participation Act.

§12-1431. Definitions.

§12-1432. Motion to dismiss legal actions – Time limit for filing – Suspension of discovery.

§12-1433. Time limits for hearing on motion to dismiss.

§12-1434. Time limit for ruling on motion – Standard of proof.

§12-1435. Evidence to consider by court – Limited discovery.

§12-1436. Request for findings – Time limit to issue findings.

§12-1437. Failure to rule on motion – Expedited appeals.

§12-1438. Costs and fees - Sanctions.

§12-1439. See the following versions:

§12-1439v1. Actions excluded.

§12-1439v2. Actions excluded.

§12-1440. Application with other laws - Construction.

§12-1441. Libel defined.

§12-1442. Slander defined.

§12-1443.1. Privileged communication defined - Exemption from libel.

§12-1444.1. Pleading - Proof - Defenses.

§12-1446a. Good faith in publishing libel - Retraction - Actual damages only - Jury question - Exceptions.

§12-1446b. "Newspapers" or "periodicals" defined.

§12-1447.1. Defamation by radio and television - Limitation of liability.

§12-1447.2. Defamatory statements by candidates for public office.

§12-1447.3. Damages recoverable.

§12-1447.4. Recordation and preservation of political utterances.

§12-1447.5. Broadcast of truth statement following broadcast of untrue statement.

§12-1448. Deceased personality's right of publicity - Unauthorized use - Claims - Exemptions.

§12-1449. Unauthorized use of another person's rights of publicity - Damages - Consent - Presumptions - Fact questions - Exemptions.

§12-1450. Online impersonation – Liability - Remedies.

§12-1451. By and to whom writ issued - Function.

§12-1452. Writ not issued where remedy at law - Information.

§12-1453. Forms and contents of writ.

§12-1454. When peremptory writ to issue.

§12-1455. Motion upon affidavit - Notice.

§12-1456. Allowance and service - Neglect to return.

§12-1457. Answer.

§12-1458. Failure to answer - New matter in answer not conclusive.

§12-1459. No further pleading allowed - Similarity to civil action.

§12-1460. Recovery by plaintiff.

§12-1461. Damages a bar to further action.

§12-1462. Penalty for refusal or neglect to perform.

§12-1481. Occupying claimant entitled to pay for improvements and taxes.

§12-1482. Tax title, sufficiency.

§12-1483. Appraisement or trial - New trial.

§12-1484. Judgment for plaintiff - Execution - Bar of action for mesne profits.

§12-1485. Judgment for occupying claimant - Appeal.

§12-1486. Election to receive value without improvements - Neglect or refusal to pay.

§12-1487. Sheriff's, administrator's or guardian's sale - Purchase price to be refunded on recovery of land.

§12-1501.1. Petition for partition - Contents - Proof required.

§12-1502. Unknown shares or owners.

§12-1503. Creditors may be made parties.

§12-1504. Answer.

§12-1505. Order for partition.

§12-1506. Commissioners to partition.

§12-1507. Allotments.

§12-1508. Oath of commissioners.

§12-1509. Duty of commissioners - Report - Notice of time limit for filing exception or election.

§12-1510. Action on exceptions to report.

§12-1511. Judgment on partition.

§12-1512. Purchase at appraised value.

§12-1513. Property sold, when - Amount for which sold.

§12-1514. Return and deed.

§12-1515. Costs and fees.

§12-1516. Power of court.

§12-1517. Sale of property that cannot be partitioned - Procedure.

§12-1531. Quo warranto abolished - Relief obtainable by civil action - Maintenance by contestants for office.

§12-1532. Grounds for action in the nature of quo warranto.

§12-1533. Persons who may bring action - Expenses - Petition by Attorney General or district attorney - Recovery of damages.

§12-1534. Judgment in contest for office.

§12-1535. Judgment for plaintiff.

§12-1536. Enforcement of judgment.

§12-1537. Plaintiff may have separate action for damages - Judgment of ouster or dissolution.

§12-1538. Costs, in case of corporations - Scope of relief - Receiver.

§12-1551. Appointment of receiver.

§12-1552. Persons ineligible.

§12-1553. Oath and bond.

§12-1554. Powers of receiver.

§12-1555. Investment of funds.

§12-1556. Disposition of property litigated.

§12-1557. Punishment for disobedience of court.

§12-1559. Vacation of appointment by Supreme Court.

§12-1560. Foreclosure of licensed medical marijuana business – Continuation of operations.

§12-1571. Order of delivery - Procedure.

§12-1571.1. Damage, concealment or removal of property subject to order of delivery - Penalty.

§12-1573. Undertaking in replevin.

§12-1573.1. Replevin bond - Value.

§12-1574. Order for delivery.

§12-1575. Order returnable, when.

§12-1576. Execution of order.

§12-1577. Redelivery on bond.

§12-1578. Exception to sureties.

§12-1579. Proceedings on failure to prosecute action.

§12-1580. Judgment - Damages - Attorney fees.

§12-1581. Order to different counties - Separate and successive orders.

§12-1582. Officer may break into buildings.

§12-1583. Compelling delivery by attachment - Examination of party.

§12-1584. Improper issue of order of delivery.

§12-1585. Joinder of cause of action for debt - Stay of judgment.

§12-1631. Right to petition for change of name.

§12-1632. Petition.

§12-1633. Notice - Protest - Hearing date – Continuance - Waiver.

§12-1634. Evidence - Determination.

§12-1635. Judgment.

§12-1636. Illegal or fraudulent purpose.

§12-1637. Exclusiveness of statutory remedy.

§12-1651. Determination of rights, status or other legal relations - Exceptions.

§12-1652. Pleading.

§12-1653. Parties - Venue.

§12-1654. Effect of determination - Review.

§12-1655. Further relief.

§12-1656. Issues of fact.

§12-1657. Applicability.

§12-1701.05. Hearing in another forum - Stay or dismissal of action.

§12-1751. Suits authorized under small claims procedure.

§12-1752B. Venue of actions arising upon contract.

§12-1753. Affidavits - Form - Filing.

§12-1754. Preparation of affidavit - Copies.

§12-1755. Service of affidavit and order upon defendant.

§12-1756. Date for appearance of defendant.

§12-1757. Transfer of actions from small claims docket to another docket.

§12-1758. Counterclaim or setoff by verified answer.

§12-1759. Claim, counterclaim, or setoff maximum dollar value.

§12-1760. Attachment or garnishment - Depositions - Interrogatories - New parties - Intervention.

§12-1761. Trial by court - Request for reporter or jury - Evidence - Informality - Mailing of judgment.

§12-1762. Payment of judgment.

§12-1763. Appeals.

§12-1764. Fees.

§12-1765. Costs.

§12-1766. Citation - Codification.

§12-1770. Small claims judgment as lien - Release.

§12-1772. Judgments for payment of money - Processing and collection.

§12-1773. Dismissal of action - Failure to file pleadings or serve process.

§12-1801. Purpose of act - Short title.

§12-1802. Definitions.

§12-1803. Programs for mediation services - Rules and regulations.

§12-1803.1. Dispute Resolution Advisory Board.

§12-1804. Written consent to dispute resolution proceedings.

§12-1805. Confidentiality of proceedings - Disclosure - Civil liability - Waiver of privilege.

§12-1806. Tolling statute of limitation.

§12-1807. Definitions.

§12-1808. Administration of programs.

§12-1809. Collection and disposition of court costs and fees.

§12-1809.1. Dispute Resolution System Revolving Fund.

§12-1810. Allocation of funds.

§12-1811. Disbursement of funds - Method of reimbursement.

§12-1812. Director - Powers and duties.

§12-1813. Inspection, examination and audit of centers.

§12-1821. Short title.

§12-1822. Construction with Dispute Resolution Act.

§12-1823. Referral to mediation.

§12-1824. Provisions applying to court-ordered mediation.

§12-1825. List of qualified mediators - Minimum requirements - Form of order of referral.

§12-1831. Short title - Purpose.

§12-1832. Mediation as an alternative dispute resolution process or on an ad hoc basis.

§12-1833. Options to operating a mediation program or referring matters exclusively to mediators or programs qualified under the Dispute Resolution Act.

§12-1834. Compensation to mediators.

§12-1835. Disclosure regarding the mediator.

§12-1836. Procedures – Confidentiality and impartiality.

§12-1837. Feedback on process or mediator – Due process prior to removal or decertification of mediator.

§12-1838. Program certification – Intent of provision.

§12-1839. Authority of the courts – Court-ordered settlement conferences.

§12-1840. Parties – Selection and compensation of mediators.

§12-1851. Short title.

§12-1852. Definitions.

§12-1853. Notice.

§12-1854. Date of applicability.

§12-1855. Waivers.

§12-1856. Application.

§12-1857. Agreement.

§12-1858. Court order of arbitration.

§12-1859. Appointment of arbitrator.

§12-1860. Initiation.

§12-1861. Consolidation of separate proceedings.

§12-1862. Agreement to method.

§12-1863. Disclosure of facts.

§12-1864. Multiple arbitrators.

§12-1865. Immunity of arbitrator.

§12-1866. Role of arbitrator.

§12-1867. Legal representation.

§12-1868. Subpoena.

§12-1869. Preaward ruling.

§12-1870. Record of award.

§12-1871. Modification of award.

§12-1872. Amount of award.

§12-1873. Award confirmation.

§12-1874. Application to vacate an award.

§12-1875. Motion to vacate or correct an award.

§12-1876. Judgment in conformity.

§12-1877. Enforcement of agreement to arbitrate.

§12-1878. Location of arbitration.

§12-1879. Appeal.

§12-1880. Considerations of conformity.

§12-1881. Conformity with Electronic Signatures in Global and National Commerce Act.

§12-2001. Scope of the Oklahoma Pleading Code.

§12-2002. One form of action.

§12-2003. Commencement of action.

§12-2003.1. Commencement of actions by inmates.

§12-2003.2. Notification of noncompliance prior to construction-related suit – Correction of deficit.

§12-2003.3. Commencement of action based on website accessibility claim.

§12-2004. Process.

§12-2004.1. Subpoena.

§12-2004.2. Notice of pendency of action.

§12-2004.3. Alternate delivery methods for copy of process, papers - Deadlines - Not applicable to documents filed with clerk.

§12-2005. Service and filing of pleadings and other papers.

§12-2005.1. Service of postjudgment motions in divorce actions.

§12-2005.2. Entry of appearance - Out-of-state counsel - Withdrawal - Address of record.

§12-2006. Time.

§12-2007. Pleadings allowed - Form of motions.

§12-2008. General rules of pleading.

§12-2009. Pleading special matters.

§12-2010. Form of pleadings.

§12-2011. Signing of pleadings.

§12-2011.1. Finding of frivolous claim - Actions not arising out of contract - Award of costs and attorney fees.

§12-2012. Defenses and objections - When and how presented - By pleading or motion.

§12-2013. Counterclaim and cross-claim.

§12-2014. Third-party practice.

§12-2015. Amended and supplemental pleadings.

§12-2016. Pretrial procedure - Formulating issues.

§12-2017. Parties plaintiff and defendant - Capacity.

§12-2018. Joinder of claims and remedies.

§12-2019. Joinder of persons needed for just adjudication.

§12-2020. Permissive joinder of parties.

§12-2021. Misjoinder and nonjoinder of parties.

§12-2022. Interpleader.

§12-2023. Class actions.

§12-2023.1. Derivative actions by shareholders.

§12-2023.2. Actions relating to unincorporated associations.

§12-2024. Intervention

§12-2025. Substitution of parties.

§12-2025.1. Assignment by parent to child of right to recover for injury to child.

§12-2026. Forms.

§12-2027. Appendix of forms.

§12-2056. Motions for summary judgment.

§12-2101. Short title.

§12-2102. Legislative purpose.

§12-2103. Scope of rules.

§12-2104. Rulings on evidence.

§12-2105. Preliminary questions.

§12-2106. Limited admissibility.

§12-2107. Remainder of record.

§12-2201. Judicial notice of law.

§12-2202. Judicial notice of adjudicative facts.

§12-2203. Determining propriety of taking judicial notice.

§12-2301. Definitions.

§12-2302. Establishment of basic fact.

§12-2303. Effect of presumptions in civil cases.

§12-2304. Presumptions in criminal cases.

§12-2305. Inconsistent presumptions.

§12-2401. Definition of "relevant evidence".

§12-2402. Relevant evidence generally admissible - Irrelevant evidence inadmissible.

§12-2403. Exclusion of relevant evidence on grounds of prejudice, confusion or cumulative nature of evidence.

§12-2404. Character evidence not admissible to prove conduct - Exceptions - Other crimes.

§12-2405. Methods of proving character.

§12-2406. Habit - Routine practice.

§12-2407. Subsequent remedial measures.

§12-2408. Compromise and offers to compromise.

§12-2409. Payment of medical and similar expenses.

§12-2410. Pleas and plea discussions - Admissibility of evidence.

§12-2411. Liability insurance.

§12-2411.1. Short title - Act Concerning Interpretation of Oklahoma Insurance Laws.

§12-2412. Sexual offense against another person - Evidence of other sexual behavior inadmissible - Exceptions.

§12-2413. Sexual assault offense - Commission of other offenses admissible - Definition.

§12-2414. Child molestation offense - Commission of other offenses admissible - Definitions.

§12-2501. Privileges recognized only as provided.

§12-2502. Attorney-client privilege.

§12-2502.1. Communications between accountant and client.

§12-2503. Physician and Psychotherapist-Patient Privilege.

§12-2503.1. Interpreter for the Deaf or Hard-of-Hearing Privilege.

§12-2504. Husband-wife privilege.

§12-2505. Religious privilege.

§12-2506. Journalist’s privilege.

§12-2506.2. Peer support counseling confidentiality.

§12-2507. Political vote.

§12-2508. Trade secrets.

§12-2509. Secrets of state and other official information - Governmental privileges.

§12-2510. Identity of informer.

§12-2510.1. Crime stoppers organizations – Privileged communications – Orders for production of records.

§12-2511. Waiver of privilege by voluntary disclosure.

§12-2512. Privileged matter disclosed under compulsion or without opportunity to claim privilege.

§12-2513. Comment upon or inference from claim of privilege - Instruction.

§12-2601. General rule of competency.

§12-2602. Personal knowledge.

§12-2603. Oath or affirmation.

§12-2604. Interpreters.

§12-2605. Competency of judge as witness.

§12-2606. Competency of juror as witness.

§12-2607. Who may impeach.

§12-2608. Evidence of character and conduct of witness.

§12-2609. Impeachment by evidence of conviction of crime.

§12-2610. Religious beliefs or opinions.

§12-2611. Mode and order of interrogation and presentation.

§12-2611.2. Minor or incapacitated witnesses - Closing of testimony to public - Taking testimony outside courtroom - Meeting in chambers with judge and attorneys - Presence of support person or therapeutic dog.

§12-2611.3. Short title.

§12-2611.4. Definitions.

§12-2611.5. Testimony to which act applies – Other procedures not precluded.

§12-2611.6. Hearing – Determination of whether to use alternative method testimony.

§12-2611.7. Situations where alternative method testimony permitted.

§12-2611.8. Determination of whether to allow child witness to testify by an alternative method.

§12-2611.9. Order – Required contents.

§12-2611.10. Opportunity for examination and cross-examination.

§12-2611.11. Construction and application of act.

§12-2611.12. Support person or therapeutic dog.

§12-2612. Writing used to refresh memory.

§12-2613. Prior statements of witnesses.

§12-2614. Calling and interrogation of witnesses by court.

§12-2615. Exclusion of witnesses.

§12-2701. Opinion testimony by lay witnesses.

§12-2702. Testimony by experts.

§12-2703. Bases of opinion testimony by experts.

§12-2704. Opinion on ultimate issue.

§12-2705. Disclosure of facts or data underlying expert opinion.

§12-2801. Definitions.

§12-2802. Hearsay rule.

§12-2803. Hearsay exceptions - Availability of declarant immaterial.

§12-2803.1. Statements of children not having attained 13 years or incapacitated persons describing acts of physical abuse or sexual contact - Admissibility in criminal and juvenile proceedings.

§12-2804. Hearsay exception - Declarant unavailable.

§12-2804.1. Hearsay exception – Exceptional circumstances.

§12-2805. Hearsay within hearsay.

§12-2806. Attacking and supporting credibility of declarant.

§12-2901. Requirement of authentication or identification.

§12-2902. Self-authentication.

§12-2903. Subscribing witness' testimony unnecessary.

§12-3001. Definitions.

§12-3002. Requirement of original.

§12-3003. Admissibility of duplicates.

§12-3004. Admissibility of other evidence of contents.

§12-3005. Public records.

§12-3006. Summaries.

§12-3007. Testimony or written admission of party.

§12-3008. Functions of judge and jury.

§12-3009. Medical bills - Identification.

§12-3009.1. Personal injury suits – Medical bills - Evidence.

§12-3011. Admissible evidence - Exercise of free speech or display of religious beliefs.

§12-3224. Short title and scope of Code.

§12-3225. Construction.

§12-3225.1. Discovery master.

§12-3226. General provisions governing discovery.

§12-3226.1. Abusive discovery.

§12-3226A. Withdrawal of certain discovery items.

§12-3227. Depositions before action or pending appeal.

§12-3228. Persons before whom depositions may be taken.

§12-3229. Stipulations regarding discovery procedure.

§12-3230. Depositions upon oral examination.

§12-3231. Depositions upon written questions.

§12-3232. Use of depositions in court proceedings.

§12-3233. Interrogatories to parties.

§12-3234. Production of documents and things and entry upon land for inspection and other purposes.

§12-3235. Physical and mental examination of persons.

§12-3236. Requests for admission.

§12-3237. Failure to make or cooperate in discovery - Sanctions - Exception.

§12-3238. Short title.

§12-3239. Definitions.

§12-3240. Disclosure statement.

§12-3241. Judicial or administrative approval of transfer of payment - Required findings.

§12-3242. Discharge and release from liability.

§12-3243. Application for approval of transfer of payment rights.

§12-3244. Waiver of provisions – Disputes - Life-contingent payments - Liability.

§12-3245. Application of act.

§12-3250. Short title - Uniform Interstate Depositions and Discovery Act.

§12-3251. Definitions.

§12-3252. Request for issuance of subpoena.

§12-3253. Service of subpoena.

§12-3254. Application of Section 2004.1.

§12-3255. Application for protective order or to enforce, quash or modify an issued subpoena.

§12-3256. Promotion of uniformity.

§12-3257. Application of act.