A. MOTION FOR ORDER COMPELLING DISCOVERY. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows:
1. APPROPRIATE COURT. An application for an order to a party may be made to the court in which the action is pending, or, on matters, relating to a deposition, to the district court in the county where the deposition is being taken. An application for an order to a deponent who is not a party shall be made to the district court in the county where the deposition is being taken or to the court in which the action is pending.
2. MOTION. If a deponent fails to answer a question propounded or submitted under Section 3230 or 3231 of this title, or a corporation or other entity fails to make a designation under paragraph 6 of subsection C of Section 3230 or subsection A of Section 3231 of this title, or a party fails to answer an interrogatory submitted under Section 3233 of this title, or if a party, in response to a request for inspection and copying submitted under Section 3234 of this title, fails to produce documents or respond that the inspection or copying will be permitted as requested or fails to permit the inspection or copying as requested, or if a party or witness objects to the inspection or copying of any materials designated in a subpoena issued pursuant to subsection A of Section 2004.1 of this title, the discovering party may move for an order compelling an answer, or a designation, or an order compelling inspection and copying in accordance with the request or subpoena. The motion must include a statement that the movant has in good faith conferred or attempted to confer either in person or by telephone with the person or party failing to make the discovery in an effort to secure the information or material without court action. When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before applying for an order.
When a claim of privilege or other protection from discovery is made in response to any request or subpoena for documents, and the court, in its discretion, determines that a privilege log is necessary in order to determine the validity of the claim, the court shall order the party claiming the privilege to prepare and serve a privilege log upon the terms and conditions deemed appropriate by the court. The privilege log shall be served upon all other parties. Unless otherwise ordered by the court, the privilege log shall include, as to each document for which a claim of privilege or other protection from discovery has been made, the following:
The court may conduct an in camera review of the documents for which the privilege or other protection from discovery is claimed. If the court denies the motion in whole or in part, it may make such protective order as it would have been empowered to make on a motion made pursuant to subsection C of Section 3226 of this title.
3. EVASIVE OR INCOMPLETE ANSWER. For purposes of this subsection, an evasive or incomplete answer is to be treated as a failure to answer.
4. AWARD OF EXPENSES OF MOTION. If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust.
If the motion is denied, the court shall, after opportunity for hearing, require the moving party or the attorney advising the motion or both of them to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust.
If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner.
B. FAILURE TO COMPLY WITH ORDER.
1. SANCTIONS BY COURT IN COUNTY WHERE DEPOSITION IS TAKEN. If a deponent fails to be sworn or to answer a question after being directed to do so by the court in the county in which the deposition is being taken, the failure may be considered a contempt of that court.
2. SANCTION BY COURT IN WHICH ACTION IS PENDING. If a party or an officer, director or managing agent of a party or a person designated under paragraph 6 of subsection C of Section 3230 or subsection A of Section 3231 of this title to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order made under subsection A of this section or Section 3235 of this title, or if a party fails to obey an order entered under subsection F of Section 3226 of this title, the court in which the action is pending may make such orders in regard to the failure as are just. Such orders may include the following:
In lieu of or in addition to the orders provided for in this paragraph, the court shall require the party failing to obey the order or the attorney advising the party or both to pay the reasonable expenses, including attorney fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.
C. EXPENSES ON EXAMINATION OF PROPERTY. The reasonable expense of making the property available under Section 3234 of this title shall be paid by the requesting party, and at the time of the taxing of costs in the case, the court may tax such expenses as costs, or it may apportion such expenses between the parties, or it may provide that they are an expense of the requesting party.
D. EXPENSES ON FAILURE TO ADMIT. If a party fails to admit the genuineness of any document or the truth of any matter as requested under Section 3236 of this title, and if the party requesting the admission thereafter proves the genuineness of the document or the truth of the matter, the party may apply to the court for an order requiring the other party to pay him or her the reasonable expenses incurred in making that proof, including reasonable attorney fees. The court shall make the order unless it finds that:
1. The request was held objectionable pursuant to subsection C of Section 3236 of this title; or
2. The admission sought was of no substantial importance; or
3. The party failing to admit had reasonable ground to believe that he or she might prevail on the matter; or
4. There was other good reason for the failure to admit.
E. FAILURE OF PARTY TO ATTEND AT OWN DEPOSITION OR SERVE ANSWER TO INTERROGATORIES OR RESPOND TO REQUEST FOR INSPECTION. If a party or an officer, director or managing agent of a party or a person designated under paragraph 6 of subsection C of Section 3230 or subsection A of Section 3231 of this title to testify on behalf of a party fails:
1. To appear before the officer who is to take the deposition, after being served with a proper notice; or
2. To serve answers or objections to interrogatories submitted under Section 3233 of this title, after proper service of the interrogatories; or
3. To serve a written response to a request for inspection submitted under Section 3234 of this title, after proper service of the request,
the court in which the action is pending on motion may make such orders in regard to the failure as are just, and among others it may take any action authorized under subparagraphs a, b and c of paragraph 2 of subsection B of this section. In lieu of or in addition to any order, the court shall require the party failing to act or the attorney advising him or her or both to pay the reasonable expenses, including attorney fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.
The failure to act as described in this subsection may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order as provided by subsection C of Section 3226 of this title.
F. FAILURE TO PARTICIPATE IN THE FRAMING OF A DISCOVERY PLAN. If a party or a party's attorney fails to participate in good faith in the framing of a discovery plan by agreement as is required by subsection F of Section 3226 of this title, the court may, after opportunity for hearing, require such party or his or her attorney to pay to any other party the reasonable expenses, including attorney fees, caused by the failure.
G. ELECTRONICALLY STORED INFORMATION. Absent exceptional circumstances, a court may not impose sanctions on a party for failure to provide electronically stored information lost as a result of the routine, good-faith operation of an electronic information system.
Added by Laws 1982, c. 198, § 14. Amended by Laws 1989, c. 129, § 13, eff. Nov. 1, 1989. Renumbered from § 3214 of Title 12 by Laws 1989, c. 129, § 14, eff. Nov. 1, 1989. Amended by Laws 1996, c. 61, § 8, eff. Nov. 1, 1996; Laws 2002, c. 468, § 75, eff. Nov. 1, 2002; Laws 2010, c. 50, § 8, eff. Nov. 1, 2010; Laws 2017, c. 378, § 5, eff. Nov. 1, 2017.
Structure Oklahoma Statutes
§12-19.1. Affidavit of consultation with qualified expert - Extension - Exemption.
§12-22. Books to be kept by district clerk.
§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.
§12-31.1. 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.
§12-34. Applicable to what courts.
§12-35.1. Court clerk may process passports - Election - Passport fees.
§12-38. Seal of clerk of district court.
§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.
§12-75. 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.
§12-86. 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.
§12-98. 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.
§12-110. Injury occurring during fifth year after substantial completion.
§12-111. Period for bringing actions not extended.
§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.
§12-140.1. 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.
§12-143. Venue statutes as cumulative - Application.
§12-150. Medical liability actions - Summons.
§12-154. Summons may issue to other county.
§12-158.2. Request of server - Fees.
§12-171.1. Effect of affidavit of service.
§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.
§12-393. 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.
§12-398. Examination by deposition - Custody.
§12-400. Witness may demand fees each day - Exception.
§12-415. Disgrace as ground for refusal to testify.
§12-421. Modes of taking testimony.
§12-426. Statement under penalty of perjury.
§12-432. Where and before whom taken.
§12-552. How issues arise - Kinds 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.
§12-572. Causes for challenging jurors.
§12-574. Vacancies filled at once - Challenges to jurors.
§12-575.1. Selection of jury in discretion of court - Manner.
§12-577.1. Oklahoma Uniform Jury Instructions - Institution of.
§12-577.2. Use of instructions - Requests - Copies.
§12-577.4. Damage awards - Applicability of federal and state income tax.
§12-578. Exceptions to instructions - Copies to parties.
§12-581. Admonition of jury on separation.
§12-582. Information after retirement.
§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.
§12-611. 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.
§12-620. 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.
§12-636. Immaterial exception.
§12-637. Exceptions may be withdrawn.
§12-651. New trial - Definition - Causes for.
§12-654. Application, how made - Affidavits.
§12-661. Amount of damages recoverable.
§12-662. Provisions applicable to trials by court.
§12-664. Trial docket for bar.
§12-665. Order of trial of cases docketed.
§12-668. Affidavit for continuance.
§12-683. Dismissal of action - Grounds and time.
§12-684. Dismissal of case – With and without order of court.
§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.
§12-696.4. Costs and attorney fees.
§12-698. Judgment notwithstanding verdict.
§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.
§12-718.4. 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.
§12-718A. Foreign defamation judgments.
§12-719. Uniform Enforcement of Foreign Judgments Act.
§12-721. Filing and status of foreign judgments.
§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.
§12-729.3. 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.
§12-729.11. 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.
§12-733. Property subject to levy.
§12-734. Property bound after seizure.
§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.
§12-755. 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.
§12-763. 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.
§12-801. Reappraisal where realty twice advertised for sale.
§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.
§12-831. Joint debtors or sureties may have contribution or repayment.
§12-832.1. Product liability actions – Duty of manufacturer to indemnify seller.
§12-841. Property, equitable interests subject to execution.
§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.
§12-852. 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.
§12-860. Form, service and filing of orders.
§12-861. Fees allowed taxed as costs.
§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.
§12-937. 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.
§12-941. 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.
§12-975. Judgment on appeal - Mandate to issue to lower court.
§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.
§12-991. 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.
§12-1051. 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.
§12-1081. 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.
§12-1102. 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.
§12-1117. Orders to be entered.
§12-1118. Powers of judges at chambers.
§12-1141. Action to quiet title - Sham legal process.
§12-1141.3. Procedures alternative to quiet title action to remove cloud on title.
§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.
§12-1147.2. 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.
§12-1148.1. Jurisdiction - Forcible entry and detention - Joinder of actions - Judgments no bar.
§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.
§12-1148.10. Writ of execution - Form - New trial.
§12-1148.10B. Curing of default - Good faith claim of failure to provide minimum services.
§12-1148.15. Affidavit - Form.
§12-1151. Grounds for attachment.
§12-1152. Attachment affidavit.
§12-1154. Order of attachment.
§12-1155. Orders to several counties.
§12-1159. Service of order - Custody of attached property - Filing of order.
§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.
§12-1183. 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.
§12-1189. Justification of sureties - Garnishees discharged.
§12-1190. Costs - Attorney fee.
§12-1192. Garnishment of money due from state, county or municipality - Exceptions.
§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.
§12-1224. Appointment and bond of receiver.
§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.
§12-1240. 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.
§12-1341. Hearing and discharge.
§12-1342. Inquiry into legality of judgment or process - Limitations.
§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.
§12-1382. 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.
§12-1432. 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:
§12-1440. Application with other laws - Construction.
§12-1443.1. Privileged communication defined - Exemption from libel.
§12-1444.1. Pleading - Proof - Defenses.
§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.
§12-1450. 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.
§12-1458. 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.
§12-1501.1. Petition for partition - Contents - Proof required.
§12-1502. Unknown shares or owners.
§12-1503. Creditors may be made parties.
§12-1505. Order for partition.
§12-1506. Commissioners to partition.
§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.
§12-1517. Sale of property that cannot be partitioned - Procedure.
§12-1532. Grounds for action in the nature of quo warranto.
§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.
§12-1555. 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.
§12-1575. Order returnable, when.
§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.
§12-1633. Notice - Protest - Hearing date – Continuance - Waiver.
§12-1634. Evidence - Determination.
§12-1636. Illegal or fraudulent purpose.
§12-1637. Exclusiveness of statutory remedy.
§12-1651. Determination of rights, status or other legal relations - Exceptions.
§12-1654. Effect of determination - Review.
§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.
§12-1762. Payment of judgment.
§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.
§12-1803. 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.
§12-1808. 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.
§12-1822. 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.
§12-1834. Compensation to mediators.
§12-1835. Disclosure regarding the mediator.
§12-1836. Procedures – Confidentiality and impartiality.
§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.
§12-1854. Date of applicability.
§12-1858. Court order of arbitration.
§12-1859. Appointment of arbitrator.
§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.
§12-1867. Legal representation.
§12-1871. Modification of award.
§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.
§12-1880. Considerations of conformity.
§12-1881. Conformity with Electronic Signatures in Global and National Commerce Act.
§12-2001. Scope of the Oklahoma Pleading Code.
§12-2003. Commencement of action.
§12-2003.1. Commencement of actions by inmates.
§12-2003.3. Commencement of action based on website accessibility claim.
§12-2004.2. Notice of pendency of action.
§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.
§12-2007. Pleadings allowed - Form of motions.
§12-2008. General rules of pleading.
§12-2009. Pleading special matters.
§12-2011. Signing of pleadings.
§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.
§12-2023.1. Derivative actions by shareholders.
§12-2023.2. Actions relating to unincorporated associations.
§12-2025. Substitution of parties.
§12-2025.1. Assignment by parent to child of right to recover for injury to child.
§12-2056. Motions for summary judgment.
§12-2102. Legislative purpose.
§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.
§12-2302. 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.
§12-2404. 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.
§12-2413. 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.
§12-2509. Secrets of state and other official information - Governmental privileges.
§12-2510. Identity of informer.
§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.
§12-2603. Oath or affirmation.
§12-2605. Competency of judge as witness.
§12-2606. Competency of juror as witness.
§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.
§12-2611.5. 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.
§12-2803. Hearsay exceptions - Availability of declarant immaterial.
§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.
§12-3002. Requirement of original.
§12-3003. Admissibility of duplicates.
§12-3004. Admissibility of other evidence of contents.
§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.
§12-3226. 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.
§12-3240. 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.
§12-3250. Short title - Uniform Interstate Depositions and Discovery Act.
§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.