US Laws, Codes, Statutes & Cases

OKLAHOMA STATUTES

TITLE 12.

CIVIL PROCEDURE

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§121.  Title of chapter.

This chapter shall be known as the Code of Civil Procedure of the State of Oklahoma.

R.L. 1910, § 4641.

§122.  Force of common law.

The common law, as modified by constitutional and statutory law, judicial decisions and the condition and wants of the people, shall remain in force in aid of the general statutes of Oklahoma; but the rule of the common law, that statutes in derogation thereof, shall be strictly construed, shall not be applicable to any general statute of Oklahoma; but all such statutes shall be liberally construed to promote their object.

R.L. 1910, § 4642.

§12-3.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-4.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-5.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-6.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-7.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-8.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-9.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-10.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-11.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-12.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-13.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-14.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-15.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-16.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-17.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-18.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-21.  Repealed by Laws 1980, c. 180, § 6, emerg. eff. May 13, 1980.

§1222.  Books to be kept by district clerk.

The clerk of the district court shall keep an appearance docket, a trial docket, a journal and such other records as may be ordered by the court or required by law.

R.L. 1910, § 5322.  Amended by Laws 1988, c. 102, § 2, eff. Nov. 1, 1988; Laws 1990, c. 251, § 18, eff. Jan. 1, 1991; Laws 1991, c. 251, § 1, eff. June 1, 1991; Laws 1993, c. 351, § 7, eff. Oct. 1, 1993.

§1223.  Appearance docket.

On the appearance docket he shall enter all actions in the order in which they are brought, the date of the summons, the time of the return thereof by the officer, and his return thereon, the time of filing the petition, and all subsequent pleadings and papers, and an abstract of all judgments and orders of the court.  An abstract shall contain a very brief description of the order or judgment rendered.  It must not be encumbered with a detailed recital of the terms.  Proceedings other than those which culminated in an order or judgment shall not be abstracted into the appearance docket.  Either the judge or the clerk may prepare an appearance docket entry in the form of a minute, or the content of the entry may be dictated either by the judge or the clerk into an electronic recording device.  The clerk shall transcribe onto the appearance docket all minute entries made and all the electronicallyrecorded abstracts.

R.L. 1910, § 5323.  Amended by Laws 1972, c. 119, § 1, emerg. eff. March 31, 1972.

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

Upon the journal record required to be kept by the clerk of the district court in civil cases exclusive of the small claims docket and juvenile proceedings docket shall be entered copies of the following instruments on file:

1.  All items of process by which the court acquired jurisdiction of the person of each defendant in the case; and

2.  All instruments filed in the case that bear the signature of the judge and specify clearly the relief granted or order made.

The journal may be kept entirely in microfilm, optical disks, or other appropriate medium.  Existing journal records in the custody of the court clerk may be destroyed after being stored on at least two microfilm records, optical disks, or other appropriate medium, one of which shall be placed by the court clerk with the Archives and Records Division of the Oklahoma Department of Libraries, or in a bank or other appropriate local depository, and one shall be available for public use in the court clerk's office.  In case of functional failure of the record in the court clerk's office the copy in storage shall be made available to anyone requesting access to it.  The cost of the storage medium and equipment and for viewing and copying shall be paid out of the court fund upon approval by the Chief Justice of the Supreme Court.  Copies of the journal record reproduced from microfilm, optical disk, and other media and copies of the original instruments that are part of the journal records, when certified by the court clerk having the custody of the original, may be received in evidence with the same effect as the original would have had and without further identification by the party desiring to offer them.

R.L.1910, § 5324.  Amended by Laws 1971, c. 245, § 1, eff. Oct. 1, 1971; Laws 1972, c. 146, § 1, emerg. eff. April 7, 1972; Laws 2004, c. 447, § 2, emerg. eff. June 4, 2004.

§1224.1.  Disposal of records.

Any clerk, upon microfilming the record as above set forth, is directed to destroy the record, provided that such record shall first be offered to the county and State Historical Society.

Added by Laws 1971, c. 245, § 2, eff. Oct. 1, 1971.

§12-25.  Repealed by Laws 1990, c. 251, § 20, eff. Jan. 1, 1991.

§12-25.1.  Repealed by Laws 1993, c. 351, § 29, eff. Oct. 1, 1993.

§12-26.  Repealed by Laws 1988, c. 102, § 3, eff. Nov. 1, 1988.

§1227.  Clerk may collect judgment and costs.

Where there is no execution outstanding, the clerk of the court in which the judgment was rendered may receive the amount of the judgment and costs, and receipt therefor, with the same effect as if the same had been paid to the sheriff on an execution; and the clerk shall be liable to be amerced in the same manner and amount as a sheriff for refusing to pay the same to the party entitled thereto, when requested, and shall also be liable on his official bond.

R.L. 1910, § 5327.

§1228.  Clerks to issue writs and orders  Preparation.

All writs and orders for provisional remedies, and process of every kind shall be prepared by the party or his attorney who is seeking the issuance of such writ, order, or process and shall be issued by the clerks of the several courts.

R.L. 1910, § 5328.  Amended by Laws 1969, c. 210, § 1.

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

A.  It is the duty of the clerk of each of the courts to file together and carefully preserve in his office, all papers delivered to him for that purpose, except as provided in subsection B of this section, in every action or special proceeding.

B.  The court clerk may refuse to file any document presented for filing if the clerk believes that the document constitutes sham legal process, as defined by Section 1533 of Title 21 of the Oklahoma Statutes.

C.  1.  Any person aggrieved by the refusal of a court clerk to file any document provided for in subsection A of this section may petition the district court for a writ of mandamus to compel the clerk to file the tendered document.

2.  At the time of refusal, the person aggrieved shall file a notice of refusal with the court clerk for the purpose of tolling any applicable statute of limitations in the event the person prevails in any action so commenced, if the person wishes for the statute of limitations to be tolled.  The refusal notice shall be submitted on a form provided by the court clerk, but must be filled out by the aggrieved party.  A copy of the instrument that the clerk refused to file must be attached to the notice of refusal.  The court clerk shall stamp the date of refusal on the notice of refusal.

The refusal notice shall be in the following form:

STATE OF OKLAHOMA

__________ COUNTY

NOTICE OF REFUSAL

The Office of Court Clerk of __________ County, Oklahoma, has on __________ (date) refused to file a document designated ___________ (title of document or brief description of document).  A copy of the refused document must be attached to this notice of refusal or the clerk cannot accept it for filing.

Signed:_____________ Signed: ________________________

  Court Clerk   Aggrieved party or attorney

  for aggrieved party

_______County, Oklahoma  

  Address:__________________

  __________________________

3.  The action for mandamus must be filed with the district court within twenty (20) days after the notice of refusal is filed with the county clerk.  If the writ of mandamus is granted, the court clerk shall refund the fee for filing the action.  Notice of the pendency of a mandamus action filed pursuant to this section shall be filed in accordance with Section 2004.2 of this title.  If the court determines that the tendered document is not sham legal process, the court shall order the clerk to file the tendered paper or papers.  For any instrument which the court orders to be filed pursuant to this subsection, the date of filing shall be retroactive to the date the notice of refusal was filed.

D.  If a court clerk improperly files or refuses to file a document provided for in subsection B of this section, the clerk shall be immune from liability for such action in any civil suit.

E.  A clerk shall post a sign, in letters at least one (1) inch in height, that is clearly visible to the general public in or near the clerk's office stating that it is a felony to intentionally or knowingly file or attempt to file sham legal process with the clerk.  Failure of the clerk to post such a sign shall not create a defense to any criminal or civil action based on sham legal process.

R.L. 1910, § 5329.  Amended by Laws 1997, c. 405, § 2, emerg. eff. June 13, 1997.

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

The papers in each case shall be kept in a separate file marked with the title and number of the case.  If the court clerk discovers a pleading or other paper which has been filed or submitted for filing that bears an incorrect case number or other incorrect identifying data, the court clerk shall correct the case number or other incorrect identifying data and enter a notation on the docket sheet of both cases recording the correction.  The corrected pleading or other paper shall be placed in the court file bearing the corrected case number.

R.L. 1910, § 5330.  Amended by Laws 1972, c. 119, § 2, emerg. eff. March 31, 1972; Laws 1997, c. 239, § 3, eff. July 1, 1997.

§1231.  Endorsements.

He shall endorse upon every paper filed with him, the day of filing it; and upon every order for a provisional remedy, and upon every undertaking given under the same, the day of its return to his office.

R.L. 1910, § 5331.

§1231.1.  Removal of records or files from office of court clerk.

Only officers of the court or persons, firms or corporations holding a certificate of authority pursuant to the Oklahoma Abstractors Law, Section 227.10 et seq. of Title 74 of the Oklahoma Statutes and other authorized court personnel may remove records or case files from the office of the court clerk for a period not to exceed twentyfour (24) hours.  Rules for the removal of records or case files shall be promulgated by the district court having jurisdiction over the county in which such records or case files are situated.

Added by Laws 1986, c. 214, § 1, eff. Nov. 1, 1986.

§1232.  Entry on return of summons.

He shall, upon the return of every summons, enter upon the appearance docket whether or not service has been made; and, if the summons has been served, the name of the defendant or defendants summoned and the day and manner of the service upon each one.  The entry shall be evidence in case of the loss of the summons.

R.L. 1910, § 5332.  Amended by Laws 1953, p. 47, § 1.

§1232.1.  Material for record.

The record shall be made up from the petition, the process, return, the pleadings subsequent thereto, reports, verdicts, orders, judgments, and all material acts and proceedings of the court; but if the items of an account, or the copies of papers attached to the pleadings, be voluminous, the court may order the record to be made by abbreviating the same, or inserting a pertinent description thereof, or by omitting them entirely.  Evidence must not be recorded.

R.L. 1910, § 5146.  Renumbered from § 704 of this title by Laws 1972, c. 119, § 5, emerg. eff. March 3l, 1972.

§12-32.2.  Repealed by Laws 1990, c. 251, § 20, eff. Jan. 1, 1991.

§12-32.3.  Repealed by Laws 1993, c. 351, § 29, eff. Oct. 1, 1993.

§1233.  Clerk to keep court records, books and papers  Statistical and other information for Supreme Court, President Pro Tempore of Senate and Speaker of House.

He shall keep the records and books and papers appertaining to the court and record its proceedings.  He is directed to furnish without cost to the Supreme Court of Oklahoma and to the President Pro Tempore of the Senate and the Speaker of the House of Representatives such statistical and other information as the court or Legislature may require, including, but without being limited to, the number and classification of cases:

1.  Filed with the court;

2.  Disposed of by the court, and the manner of such disposition; and

3.  The number of cases pending before the court, at each term of the court.

R.L. 1910, § 5333.  Amended by Laws 1951, p. 23, § 1; Laws 1981, c. 272, § 2, eff. July 1, 1981.

§1234.  Applicable to what courts.

The provisions of this article shall, as far as they are applicable, apply to the clerk of all courts of record.

R.L. 1910, § 5334.

§1235.  Powers and duties of clerks  Statistical and other information for Supreme Court, President Pro Tempore of Senate and Speaker of House.

The clerks of each of the courts shall exercise the powers and perform the duties imposed upon them by the statutes of this state and by the common law.  The clerks of each of the courts of record shall furnish without cost to the Supreme Court of Oklahoma and to the President Pro Tempore of the Senate and the Speaker of the House of Representatives such statistical and other information as the court or Legislature may require, including, but without being limited to, the number and classification of cases:

1.  Filed with the court;

2.  Disposed of by the court, and the manner of such disposition; and

3.  The number of cases pending before the court, at each term of the court.

R.L. 1910, § 5335.  Amended by Laws 1951, p. 23, § 2; Laws 1981, c. 272, § 3, eff. July 1, 1981.

§1235.1.  Court clerk may process passports  Election  Passport fees.

A.  The duties of the court clerk may include processing of passports as permitted and prescribed by federal law and regulation if the court clerk files a written election with the Administrative Office of the Courts to process passports.  Upon the filing of the election to process passports as an official duty and service, the court clerk shall execute all passport applications presented.

B.  Amounts collected pursuant to subsection A of this section shall be retained by the court clerk and deposited in the Court Clerk's Revolving Fund pursuant to the provisions of Section 220 of Title 19 of the Oklahoma Statutes.

Added by Laws 1983, c. 127, § 1, eff. Nov. 1, 1983.  Amended by Laws 1997, c. 400, § 2, eff. July 1, 1997; Laws 1998, c. 310, § 1, eff. Nov. 1, 1998.

§12-36.  Repealed by Laws 1974, c. 153, § 17-114, operative Jan. 1, 1975.

§12-37.  Repealed by Laws 1979, c. 221, § 18, emerg. eff. May 1, 1979.

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

A.  Every clerk of a district court shall keep a seal, to be furnished by the court, which shall contain the name of the county and the words "Oklahoma" and "District Court".  The seal may be either metallic or nonmetallic.

B.  Every instrument, document, record, paper or other thing required to be certified by the court or by the court clerk shall contain the seal of the court clerk.  Where electronic transmission of a document is allowed, the document shall be deemed certified if it contains a digital signature or equivalent signing technology, as approved and supplied by the Supreme Court of Oklahoma.  The Supreme Court shall be the guardian of digital signatures or equivalent signing technology and shall govern all rules as to validity and authenticity.

C.  Any person who uses the seal of the court clerk with the intent to deceive or mislead any person as to the authenticity of the seal, a certification required by subsection B of this section, or the thing to which the seal is applied shall be guilty of a misdemeanor.

D.  Electronic transmittals of documents shall be allowed if safeguards are in place to protect against unauthorized users and if agents intended to receive the transmittals have agreed to electronic processing of the documents.

Added by Laws 1991, c. 114, § 1, eff. Sept. 1, 1991.  Amended by Laws 2004, c. 94, § 1, eff. July 1, 2004.

§12-39.  Court clerk - Court-controlled web site - Prohibiting posting of certain documentation.

A.  Beginning July 1, 2005, no court clerk shall post on a court-controlled web site any document that contains a charge in Sections 886 and 888 of Title 21 of the Oklahoma Statutes, if the offense involved the detestable and abominable crime against nature with mankind, or a charge in Section 7115 of Title 10 of the Oklahoma Statutes, or Section 644, 741, 843.1, 885, 1021, 1021.2, 1021.3, 1040.13a, 1081, 1085, 1087, 1088, Sections 1111 through 1116 or Section 1123 of Title 21 of the Oklahoma Statutes.

B.  Nothing in this section shall be construed to prohibit access to any original document as provided by law.

Added by Laws 2005, c. 387, § 1, eff. July 1, 2005.

§1251.  Style of process.

The style of all process shall be "The State of Oklahoma."  It shall be under the seal of the court from whence the same shall issue, shall be signed by the clerk, and dated the day it is issued.

R.L. 1910, § 5319.

§1252.  Appointment of substitute for sheriff.

The court or judge, or any clerk in the absence of the judge from the county, for good cause, may appoint a person to serve a particular process or order, who shall have the same power to execute it which the sheriff has.  The person may be appointed on the application of the party obtaining the process or order, and the return must be verified by affidavit.  He shall be entitled to the same fees allowed to the sheriff for similar services.

R.L. 1910, § 5320.

§1253.  Sheriff to endorse time of receipt on process.

The sheriff shall endorse upon every summons, order of arrest, or for the delivery of property or of attachment or injunction, the day and hour it was received by him.

R.L. 1910, § 5336.

§1254.  Must execute and return process  Execution by county clerk when sheriff disqualified.

He shall execute every summons, order or other process, and return the same as required by law; and if he fail to do so, unless he make it appear to the satisfaction of the court that he was prevented by inevitable accident from so doing, he shall be amerced by the court in a sum not exceeding One Thousand Dollars ($1,000.00), upon motion and ten (10) days' notice, and shall be liable to the action of any person aggrieved by such failure.  Provided that whenever any party, his agent or attorney, shall make and file with the clerk of the proper court an affidavit, stating that he believes that the sheriff of said county will not, by reason of either partiality, prejudice, consanguinity or interest, faithfully perform his duties in any suit commenced in said court, the clerk shall direct the original, or other process, in such suit to the county clerk who shall execute the same in like manner as the sheriff might or ought to have done, and who shall be subject to the same penalties as the sheriff if he fail to do so, unless he make it appear that he was prevented by inevitable accident from so doing, and the county clerk shall perform all of the other duties of the sheriff when the sheriff shall be a party to the case, or is disqualified.

R.L. 1910, § 5337.  Amended by Laws 1953, p. 47, § 1.

§1255.  Sheriff may adjourn court, when.

If the judge of a court fail to attend at the time and place appointed for holding his court, the sheriff shall have power to adjourn the court, from day to day, until the regular or assigned judge attend or a judge pro tempore be selected; but if the judge be not present in his court, nor a judge be assigned or a judge pro tempore be selected, within two (2) days after the first day of the term, then the court shall stand adjourned for the term.  The sheriff shall exercise the powers and duties conferred and imposed upon him by the statutes of this state and by the common law.

R.L. 1910, § 5338.

§1261.  Justification of surety.

A ministerial officer whose duty it is to take security in any undertaking provided for by this Code or by other statutes shall require the person offered as surety to make an affidavit of his qualifications, which affidavit may be made before such officer, and shall be endorsed upon or attached to the undertaking.  The taking of such an affidavit shall not exempt the officer from any liability to which he might otherwise be subject for taking insufficient security.

R.L. 1910, § 5342.

§1262.  Qualifications of surety.

The surety in every undertaking provided for by this Code or other statutes unless a surety company, must be a resident of this state and worth double the sum to be secured, over and above all exemptions, debts and liabilities.  Where there are two or more sureties in the same undertaking they must in the aggregate have the qualifications prescribed in this section.

R.L. 1910, § 5343.

§1263.  Real estate mortgage as bond.

In every instance in this state where bond, indemnity or guaranty is required, a first mortgage upon improved real estate within this state shall be accepted:  Provided, that the amount of such bond, guaranty or indemnity shall not exceed fifty percent (50%) of the reasonable valuation of such improved real estate, exclusive of all buildings thereon; Provided, further, that where the amount of such bond, guaranty or indemnity shall exceed fifty percent (50%) of the reasonable valuation of such improved real estate, exclusive of all buildings, then such first mortgage shall be accepted to the extent of such fifty percent (50%) valuation.

R.L. 1910, § 5344.

§1264.  Valuation of real estate.

The officer, whose duty it is to accept and approve such bond, guaranty or indemnity shall require the affidavits of two freeholders versed in land values in the community where such real estate is located to the value of such real estate.  Said officer shall have the authority to administer the oaths and take said affidavits.

R.L. 1910, § 5345.

§1265.  False valuation  Penalty.

Any person willfully making a false affidavit as to the value of any such real estate shall be guilty of perjury and punished accordingly.  Any officer administering or accepting such affidavit knowing it to be false, shall be guilty of the felony of subornation of perjury and punished accordingly.

R.L. 1910, § 5346.  Amended by Laws 1997, c. 133, § 130, eff. July 1, 1999.

NOTE:  Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 130 from July 1, 1998, to July 1, 1999.

§1266.  State as a party - Bond not required - Automatic stay - Payment of costs.

A.  Whenever an action is filed in any of the courts of this state where the State of Oklahoma or any of its departments or agencies, as defined in Section 152 of Title 51 of the Oklahoma Statutes, is a party, no bonds or other obligation of security shall be required from the state or from any party acting under the direction of the state, either to prosecute, answer, or appeal the action.  The execution of a judgment or final order of any judicial tribunal against the state or any of its departments or agencies is automatically stayed without the execution of a supersedeas bond until any appeal of such judgment or final order has finally been determined.

In case of an adverse decision, such costs as by law are taxable against the state, or against the party acting by its direction, shall be paid out of the funds of the department under whose direction the proceedings were instituted or defended.

B.  Costs shall be paid to the court fund of the district court in which an action is filed from the first funds collected in satisfaction of any judgment obtained by this state or any party acting under the direction of this state, except when the funds are collected pursuant to a child support order or judgment.  No action filed by this state or by any party acting under the direction of this state shall be dismissed with unpaid costs of the action without the prior notification of the district court clerk of the county in which the action was filed.

Added by Laws 1923, c. 203, p. 354, § 1, emerg. eff. March 31, 1923.  Amended by Laws 1992, c. 357, § 1, eff. July 1, 1992; Laws 1999, c. 359, § 2, eff. Nov. 1, 1999; Laws 2002, c. 468, § 1, eff. Nov. 1, 2002.

§12-67.  Repealed by Laws 1961, p. 59, § 1.

§1268.  Appearance bond  Application of penalty  Right to enforce.

If a bench warrant or command to enforce a court order by body attachment is issued in a case for divorce, legal separation, annulment or alimony, or in any civil proceeding in which a judgment debtor is summoned to answer as to assets, and the person arrested, pursuant to the authority of such process, makes a bond for his appearance at the time of trial or other proceeding in the case, the bond made shall be disbursed by the court clerk upon order of the court to the party in the suit who has procured the bench warrant or command for body attachment rather than to the State of Oklahoma.  The penalty on the bond, or any part thereof, shall, when recovered, first be applied to discharge the obligation adjudicated in the case in which the bond was posted.  The party who is the obligee on such bond shall have the right to enforce its penalty to the same extent and in the same manner as the state may enforce the penalty on a forfeited bail bond.

Added by Laws 1976, c. 265, § 1, operative Oct. 1, 1976.  Amended by Laws 1977, c. 26, § 1, eff. Oct. 1, 1977.  Renumbered from § 1276.1 of this title by Laws 1977, c. 26, § 2, eff. Oct. 1, 1977.

§1271.  Deputy may perform official duties.

Any duty enjoined by this Code upon a ministerial officer, and any act permitted to be done by him, may be performed by his lawful deputy.

R.L. 1910, § 5339.

§1272.  Affirmation.

Whenever an oath is required by this Code, the affirmation of a person, conscientiously scrupulous of taking an oath shall have the same effect.

R.L. 1910, § 5340.

§12-73.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§1274.  Supreme Court rules.

The Justices of the Supreme Court shall meet every two (2) years during the month of June at the capitol of the state and revise their general rules, and make such amendments thereto as may be required to carry into effect the provisions of this Code, and shall make such further rules consistent therewith as they may deem proper.  The rules so made shall apply to the Supreme Court, the district courts, the superior courts, the county courts and all other courts of record.

R.L. 1910, § 5347.

§1275.  Publications in "patent insides".

All publications and notices required by law to be published in newspapers in this state if published in newspapers having one side of the paper printed away from the office of publication, known as patent outsides or insides, shall have the same force and effect as though the same were published in newspapers printed wholly and published in the county where such publication shall be made, if one side of the paper is printed in said county where said notices are required to be published.

R.L. 1910, § 5348.

§1276.  Action on official bond.

When an officer, executor or administrator within this state, by misconduct or neglect of duty, forfeits his bond or renders his sureties liable, any person injured thereby, or who is, by law, entitled to the benefit of the security, may bring an action thereon in his own name, against the officer, executor or administrator and his sureties, to recover the amount to which he may be entitled by reason of the delinquency.  The action may be instituted and proceeded in on a certified copy of the bond, which copy shall be furnished by the person holding the original thereof.

R.L. 1910, § 5349.

§1277.  May be several actions on same security.

A judgment in favor of a party for one delinquency does not preclude the same or another party from an action on the same security for another delinquency.

R.L. 1910, § 5350.

§1278.  Immaterial errors to be disregarded.

The court, in every stage of action, must disregard any error or defect in the pleadings or proceedings which does not affect the substantial rights of the adverse party; and no judgment shall be reversed or affected by reason of such error or defect.

R.L. 1910, § 4791.

§12-79.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-80.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§1281.  Payments into court for infant or incompetent person  Disposition.

Where any amount of money not exceeding Five Hundred Dollars ($500.00) shall be deposited and paid into any court of record of this state by virtue of any judgment, order, settlement, distribution or decree for the use and benefit of, and to the credit of, any minor or incompetent person having no legal guardian of his estate within this state, and no person shall within ninety (90) days thereafter become the legal and qualified guardian of the estate of such minor or incompetent person, if it appears to the court that such money is needed for the support of such minor or incompetent person or that it is otherwise for the best interest of such minor or incompetent person, the court may, in its discretion, order payment of such funds to be made to any proper and suitable person as trustee for such minor or incompetent person, with bond, as the court may direct, to be expended for the support, use, and benefit of such minor or incompetent person.  Such order may be made by the court in the original cause in which the funds are credited upon the application of any interested person; and the court may direct the clerk of the court to make payment of the same to be made in installments or in one lump sum as may seem for the best interests of such minor or incompetent person.

Added by Laws 1931, p. 2, § 1.  Amended by Laws 1951, p. 24, § 1.

§12-82.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

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

A.  Monies recovered in any court proceeding by a next friend or guardian ad litem for or on behalf of a person who is less than eighteen (18) years of age in excess of One Thousand Dollars ($1,000.00) over sums sufficient for paying costs and expenses including medical bills and attorney's fees shall be deposited, by order of the court, in one or more federally insured banking, credit union or savings and loan institutions, or invested by a bank or trust company having trust powers under federal or state law, approved by the court; provided, that the court may approve a structured settlement, by the terms of which the proceeds of a settlement may be invested by the plaintiff or the defendant in an annuity to be paid to or for the benefit of the minor by an insurance company licensed in this state.

B.  Until the person becomes eighteen (18) years of age, withdrawals of monies from the account or accounts shall be solely pursuant to order of the court made in the case in which recovery was had.

C.  When an application for the order is made by a person who is not represented by an attorney, the judge of the court shall prepare the order.

D.  This section shall not apply if a legal guardian has been appointed for the minor prior to any award of monies pursuant to subsection A of this section.  If a legal guardian is appointed after any award of monies pursuant to subsection A of this section, the legal guardian may petition the district court in the county where the federally insured funds are held for an order directing the bank, credit union or savings and loan to transfer the funds to the legal guardian.  The district court may make the granting of the request to transfer funds subject to reasonable safeguards.

Added by Laws 1971, c. 98, § 1, eff. Oct. 1, 1971.  Amended by Laws 1972, c. 197, § 1, emerg. eff. April 7, 1972; Laws 1984, c. 53, § 1, emerg. eff. March 28, 1984; Laws 1993, c. 98, § 1, eff. Sept. 1, 1993; Laws 1996, c. 293, § 1, eff. Nov. 1, 1996; Laws 2003, c. 140, § 1, eff. Nov. 1, 2003.

§12-84.  Repealed by Laws 1993, c. 98, § 2, eff. Sept. 1, 1993.

§12-85.  Repealed by Laws 1982, c. 290, § 11.

§1291.  Actions barred not revived.

Any right of action, which shall have been barred by any statute heretofore in force, shall not be deemed to be revived by the provisions of this article, nor shall the prior statutes of limitation be extended as to any cause of action which has accrued prior to the time this article shall take effect.

R.L. 1910, § 4653.

§1292.  Limitations applicable.

Civil actions can only be commenced within the periods prescribed in this article, after the cause of action shall have accrued; but where, in special cases, a different limitation is prescribed by statute, the action shall be governed by such limitation.

R.L. 1910, § 4654.

§1293.  Limitation of real actions.

Actions for the recovery of real property, or for the determination of any adverse right or interest therein, can only be brought within the periods hereinafter prescribed, after the cause of action shall have accrued, and at no other time thereafter:

(1) An action for the recovery of real property sold on execution, or for the recovery of real estate partitioned by judgment in kind, or sold, or conveyed pursuant to partition proceedings, or other judicial sale, or an action for the recovery of real estate distributed under decree of district court in administration or probate proceedings, when brought by or on behalf of the execution debtor or former owner, or his or their heirs, or any person claiming under him or them by title acquired after the date of the judgment or by any person claiming to be an heir or devisee of the decedent in whose estate such decree was rendered, or claiming under, as successor in interest, any such heir or devisee, within five (5) years after the date of the recording of the deed made in pursuance of the sale or proceeding, or within five (5) years after the date of the entry of the final judgment of partition in kind where no sale is had in the partition proceedings; or within five (5) years after the recording of the decree of distribution rendered by the district court in an administration or probate proceeding; provided, however, that where any such action pertains to real estate distributed under decree of district court in administration or probate proceedings and would at the passage of this act be barred by the terms hereof, such action may be brought within one (1) year after the passage of this act; this proviso shall not be construed to revive any action barred by paragraph 4 of this section.

(2) An action for the recovery of real property sold by executors, administrators, or guardians, upon an order or judgment of a court directing such sale, brought by the heirs or devisees of the deceased person, or the ward of his guardian, or any person claiming under any or either of them, by the title acquired after the date of judgment or order, within five (5) years after the date of recording of the deed made in pursuance of the sale.

(3) An action for the recovery of real property sold for taxes, within five (5) years after the date of the recording of the tax deed, except where lands exempt from taxation by reason of any Act of the Congress of the United States of America have been sold for taxes, in which case there shall be no limitation; provided, nothing herein shall be construed as reviving any cause of action for recovery of real property heretofore barred nor as divesting any interest acquired by adverse possession prior to the effective date hereof.

(4) An action for the recovery of real property not hereinbefore provided for, within fifteen (15) years.

(5) An action for the forcible entry and detention or forcible detention only of real property, within two (2) years.

(6) Numbered paragraphs 1, 2, and 3 shall be fully operative regardless of whether the deed or judgment or the precedent action or proceeding upon which such deed or judgment is based is void or voidable in whole or in part, for any reason, jurisdictional or otherwise; provided that this paragraph shall not be applied so as to bar causes of action which have heretofore accrued, until the expiration of one (1) year from and after its effective date.

R.L. 1910, § 4655.  Amended by Laws 1945, p. 37, § 1; Laws 1949, p. 95, § 1; Laws 1961, p. 59, § 1, emerg. eff. July 26, 1961.

§1294.  Persons under disability  Time to sue to recover realty.

Any person entitled to bring an action for the recovery of real property, who may be under any legal disability when the cause of action accrues, may bring his action within two (2) years after the disability is removed.

R.L. 1910, § 4656.

§12-95.  Limitation of other actions.

A.  Civil actions other than for the recovery of real property can only be brought within the following periods, after the cause of action shall have accrued, and not afterwards:

1.  Within five (5) years:  An action upon any contract, agreement, or promise in writing;

2.  Within three (3) years:  An action upon a contract express or implied not in writing; an action upon a liability created by statute other than a forfeiture or penalty; and an action on a foreign judgment;

3.  Within two (2) years:  An action for trespass upon real property; an action for taking, detaining, or injuring personal property, including actions for the specific recovery of personal property; an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated; an action for relief on the ground of fraud - the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud;

4.  Within one (1) year:  An action for libel, slander, assault, battery, malicious prosecution, or false imprisonment; an action upon a statute for penalty or forfeiture, except where the statute imposing it prescribes a different limitation;

5.  An action upon the official bond or undertaking of an executor, administrator, guardian, sheriff, or any other officer, or upon the bond or undertaking given in attachment, injunction, arrest, or in any case whatever required by the statute, can only be brought within five (5) years after the cause of action shall have accrued;

6.  An action based on intentional conduct brought by any person for recovery of damages for injury suffered as a result of childhood sexual abuse incidents or exploitation as defined by Section 7102 of Title 10 of the Oklahoma Statutes or incest can only be brought within the latter of the following periods:

a. within two (2) years of the act alleged to have caused the injury or condition, or

b. within two (2) years of the time the victim discovered or reasonably should have discovered that the injury or condition was caused by the act or that the act caused the injury for which the claim is brought.

Provided, however, that the time limit for commencement of an action pursuant to this paragraph is tolled for a child until the child reaches the age of eighteen (18) years or until five (5) years after the perpetrator is released from the custody of a state, federal or local correctional facility or jail, whichever is later.  No action may be brought against the alleged perpetrator or the estate of the alleged perpetrator after the death of such alleged perpetrator, unless the perpetrator was convicted of a crime of sexual abuse involving the claimant.  An action pursuant to this paragraph must be based upon objective verifiable evidence in order for the victim to recover damages for injuries suffered by reason of such sexual abuse, exploitation, or incest.  The evidence should include both proof that the victim had psychologically repressed the memory of the facts upon which the claim was predicated and that there was corroborating evidence that the sexual abuse, exploitation, or incest actually occurred.  The victim need not establish which act in a series of continuing sexual abuse incidents, exploitation incidents, or incest caused the injury complained of, but may compute the date of discovery from the date of discovery of the last act by the same perpetrator which is part of a common scheme or plan of sexual abuse, exploitation, or incest.  Provided further, any action based on intentional conduct specified in paragraph 7 of this section must be commenced within twenty (20) years of the victim reaching the age of eighteen (18);

7.  An action based on intentional conduct brought by any person for recovery of damages for injury suffered as a result of criminal actions, as defined by the Oklahoma Statutes, may be brought against any person incarcerated or under the supervision of a state, federal or local correctional facility on or after November 1, 2003:

a. at any time during the incarceration of the offender for the offense on which the action is based, or

b. within five (5) years after the perpetrator is released from the custody of a state, federal or local correctional facility, if the defendant was serving time for the offense on which the action is based;

8.  An action to establish paternity and to enforce support obligations can be brought any time before the child reaches the age of eighteen (18);

9.  An action to establish paternity can be brought by a child if commenced within one (1) year after the child reaches the age of eighteen (18);

10.  Court-ordered child support is owed until it is paid in full and it is not subject to a statute of limitations;

11.  All actions filed by an inmate or by a person based upon facts that occurred while the person was an inmate in the custody of one of the following:

a. the State of Oklahoma,

b. a contractor of the State of Oklahoma, or

c. a political subdivision of the State of Oklahoma,

to include, but not be limited to, the revocation of earned credits and claims for injury to the rights of another, shall be commenced within one (1) year after the cause of action shall have accrued; and

12.  An action for relief, not hereinbefore provided for, can only be brought within five (5) years after the cause of action shall have accrued.

B.  Collection of debts owed by inmates who have received damage awards pursuant to Section 566.1 of Title 57 of the Oklahoma Statutes shall be governed by the time limitations imposed by that section.

R.L. 1910, § 4657.  Amended by Laws 1953, p. 48, § 1, emerg. eff. June 1, 1953; Laws 1961, p. 60, § 1; Laws 1971, c. 316, § 3, emerg. eff. June 24, 1971; Laws 1992, c. 344, § 1, eff. Sept. 1, 1992; Laws 1994, c. 356, § 11, eff. Sept. 1, 1994; Laws 1996, c. 233, § 1, eff. Nov. 1, 1996; Laws 2002, c. 402, § 1, eff. July 1, 2002; Laws 2004, c. 168, § 1, emerg. eff. April 27, 2004; Laws 2005, c. 159, § 1, emerg. eff. May 10, 2005.

NOTE:  Laws 2004, c. 168, § 18, providing for an effective date of Nov. 1, 2004, was repealed by Laws 2004, c. 382, § 4, emerg. eff. June 3, 2004.

§1296.  Persons under disability in actions other than to recover realty  Exceptions  Personal injury to minor arising from medical malpractice.

If a person entitled to bring an action other than for the recovery of real property, except for a penalty or forfeiture, be, at the time the cause of action accrued, under any legal disability, every such person shall be entitled to bring such action within one (1) year after such disability shall be removed, except that, after the effective date of this section, an action for personal injury to a minor under the age of twelve (12) arising from medical malpractice must be brought by the minor's parent or guardian within seven (7) years of infliction of the injury, provided a minor twelve (12) years of age and older must bring such action within one (1) year after attaining majority, but in no event less than two (2) years from the date of infliction of the injury, and an action for personal injury arising from medical malpractice to a person adjudged incompetent must be brought by the incompetent person's guardian within seven (7) years of infliction of the injury, provided an incompetent who has been adjudged competent must bring such action within one (1) year after the adjudication of such competency, but in no event less than two (2) years from the date of infliction of the injury.

R.L. 1910, § 4658.  Amended by Laws 1987, c. 78, § 1, eff. Nov. 1, 1987.

§12-97.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§1298.  Absence or flight of defendant  Effect of other laws.

When a cause of action accrues against a person and that person is out of the state or has concealed himself, the period limited for the commencement of the action shall not begin to run until he comes into the state, or while he is concealed.  If, after a cause of action accrues against a person and that person leaves the state or conceals himself, the time of his absence or concealment shall not be computed as any part of the period within which the action must be brought.  Provided, however, that if any statute which extends the exercise of personal jurisdiction of courts over a person or corporation based upon service outside this state, or based upon substituted service upon an official of this or any other state or nation, or based upon service by publication permits the courts of this state to acquire personal jurisdiction over the person, the period of his absence or concealment shall be computed as part of the period within which the action must be brought.

R.L. 1910, § 4660.  Amended by Laws 1970, c. 76, § 1, emerg. eff. March 20, 1970; Laws 1980, c. 31, eff. Oct. 1, 1980.

§12-99.  Repealed by Laws 1965, c. 98, § 6, eff. July 1, 1966.

§12100.  Limitation of new action after reversal or failure otherwise than on merits.

If any action is commenced within due time, and a judgment thereon for the plaintiff is reversed, or if the plaintiff fail in such action otherwise than upon the merits, the plaintiff, or, if he should die, and the cause of action survive, his representatives may commence a new action within one (1) year after the reversal or failure although the time limit for commencing the action shall have expired before the new action is filed.

R.L. 1910, § 4662.  Amended by Laws 1975, c. 44, § 1, emerg. eff. March 31, 1975.

§12101.  Extension of limitation  Part payment, acknowledgment or new promise.

In any case founded on contract, when any part of the principal or interest shall have been paid, or an acknowledgment of an existing liability, debt or claim, or any promise to pay the same shall have been made, an action may be brought in such case within the period prescribed for the same, after such payment, acknowledgment or promise; but such acknowledgment or promise must be in writing, signed by the party to be charged thereby.

R.L. 1910, § 4663.

§12102.  Statutory bar absolute  Exception.

When a right of action is barred by the provisions of any statute, it shall be unavailable either as a cause of action or ground of defense, except as otherwise provided with reference to a counterclaim or setoff.

R.L. 1910, § 4664.

§12-103.  Repealed by Laws 1953, p. 64, § 2.

§12104.  Claims arising outside state  "Claim" defined.

As used in this act, "claim" means any right of action which may be asserted in a civil action or proceeding and includes, but is not limited to, a right of action created by statute.

Added by Laws 1965, c. 98, § 1, emerg. eff. May 12, 1965.

§12105.  Law governing.

The period of limitation applicable to a claim accruing outside of this state shall be that prescribed either by the law of the place where the claim accrued or by the law of this state, whichever last bars the claim.

Added by Laws 1965, c. 98, § 2, emerg. eff. May 12, 1965.  Amended by Laws 1970, c. 31, § 1, emerg. eff. Feb. 24, 1970.

§12-106.  Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.

§12107.  Uniform law.

This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

Added by Laws 1965, c. 98, § 4, emerg. eff. May 12, 1965.

§12108.  Citation.

This act may be cited as the Uniform Statute of Limitation on Foreign Claims Act.

Added by Laws 1965, c. 98, § 5, emerg. eff. May 12, 1965.

§12109.  Limitation of action to recover damages arising from design, planning or construction of improvement to real property.

No action in tort to recover damages

(i) for any deficiency in the design, planning, supervision or observation of construction or construction of an improvement to real property,

(ii) for injury to property, real or personal, arising out of any such deficiency, or

(iii) for injury to the person or for wrongful death arising out of any such deficiency,

shall be brought against any person owning, leasing, or in possession of such an improvement or performing or furnishing the design, planning, supervision or observation of construction or construction of such an improvement more than ten (10) years after substantial completion of such an improvement.

Added by Laws 1967, c. 360, § 1, emerg. eff. May 22, 1967.  Amended by Laws 1978, c. 188, § 1, eff. Oct. 1, 1978.

§12110.  Injury occurring during fifth year after substantial completion.

Notwithstanding the provisions of Section 1 of this act, in the case of such an injury to property or the person or such an injury causing wrongful death, which injury occurred during the fifth year after such substantial completion, an action in tort to recover damages for such an injury or wrongful death may be brought within two (2) years after the date on which such injury occurred (irrespective of the date of death) but in no event may such an action be brought more than seven (7) years after the substantial completion of construction of such an improvement.

Added by Laws 1967, c. 360, § 2, emerg. eff. May 22, 1967.

§12111.  Period for bringing actions not extended.

Nothing in this act shall be construed as extending the period prescribed by the laws of this state for the bringing of any action.

Added by Laws 1967, c. 360, § 3, emerg. eff. May 22, 1967.

§12-112.  Repealed by Laws 1978, c. 188, § 2, eff. Oct. 1, 1978.

§12113.  "Person" defined.

As used in this act, the term "person" shall mean an individual, corporation, partnership, business trust, unincorporated organization, association or joint stock company.

Added by Laws 1967, c. 360, § 5, emerg. eff. May 22, 1967.

§12-121.  Repealed by Laws 1947, c. 188, § 248.

§12-122.  Repealed by Laws 1947, c. 188, § 248.

§12-123.  Repealed by Laws 1947, c. 188, § 248.

§12-124.  Repealed by Laws 1947, c. 188, § 248.

§12-125.  Repealed by Laws 1947, c. 188, § 248.

§12-126.  Repealed by Laws 1947, c. 188, § 248.

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

The venue of civil actions for damages brought pursuant to the Affordable Access to Health Care Act, Section 1-1708.1A et seq. of Title 63 of the Oklahoma Statutes, shall be in a county where the cause of action or any portion thereof arose, or in any county in which any of the defendants reside, or in the case of a corporation, in a county in which it is situated, or has its principal office or place of business, or in any county where a codefendant of such corporation may be sued.  Upon a finding of lack of venue, the court shall transfer or dismiss the action; provided, however, that if the court finds lack of venue and that a dismissal would operate as a dismissal with prejudice, the court shall transfer the action.

Added by Laws 2004, c. 368, § 2, eff. Nov. 1, 2004.

§12-131.  Actions brought where subject located.

Except as provided in Section 132 of this title or Section 163 of Title 51 of the Oklahoma Statutes:

1.  Actions for the following causes shall be brought in the county in which the subject of the action is situated

a. for the recovery of real property, or of any estate, or interest therein, or the determination in any form of any such right or interest,

b. for the partition of real property,

c. for the sale of real property under a mortgage, lien, or other encumbrance or charge, and

d. to quiet title, to establish a trust in, remove a cloud on, set aside a conveyance of, or to enforce or set aside an agreement to convey real property; and

2.  For all damages to land, crops, or improvements thereon, actions shall be brought in the county where the damage occurs.

R.L. 1910, § 4671.  Amended by Laws 1957, p. 78, § 2; Laws 1999, c. 293, § 2 eff. Nov. 1, 1999.

§12132.  Realty located in two or more counties  Specific performance.

If real property, the subject of an action, be an entire tract, and situated in two or more counties, or if it consists of separate tracts, situated in two or more counties, the action may be brought in any county in which any tract, or part thereof, is situated, unless it be an action to recover possession thereof, and if the property be an entire tract situated in two or more counties, an action to recover possession thereof may be brought in either of such counties; but if it consists of separate tracts, in different counties, the possession of such tracts must be recovered by separate actions brought in the counties where such tracts are situated.  An action to compel the specific performance of a contract to sell real estate may be brought in the county where the land lies or where the defendants, or any of them reside or may be summoned.

R.L. 1910, § 4672.

§12133.  Actions brought where cause arose.

Actions for the following causes must be brought in the county where the cause, or some part thereof arose:

First.  An action for the recovery of a fine, forfeiture or penalty imposed by statute, except when imposed for an offense committed on a river or other stream of water, road or other place which is the boundary of two or more counties, the cause of action shall be deemed to have arisen in each of said counties, and may be brought in any county bordering on such river, watercourse, road or other place, and opposite to the place where the offense was committed.

Second.  An action against a public officer for an act done by him in virtue, or under color, of his office, or for neglect of his official duties.

Third.  An action on the official bond or undertaking of a public officer.

R.L. 1910, § 4673.

§12134.  Domestic corporations.

An action, other than one of those mentioned in first three sections of this article, against a corporation created by the laws of this state, may be brought in the county in which it is situated, or has its principal office or place of business, or in which any of the principal officers thereof may reside, or be summoned, or in the county where the cause of action or some part thereof arose, or in any county where a codefendant of such corporation created by the laws of this state may properly be sued.

R.L. 1910, § 4674.  Amended by Laws 1913, c. 83, p. 133, § 1; Laws 1970, c. 190, § 2, eff. Jan. 1, 1971.

§12135.  Actions against transportation or transmission companies.

Actions may be commenced against any transportation or transmission company in the county where any person resides upon whom service of summons is authorized to be made, irrespective of the order in which such persons are named in this chapter, and irrespective of the residence of any superior officer or authorized person upon whom service of summons may be had; or in the county where the cause of action, or some part thereof may have accrued; or, in any county through which or into which the lines of road or any part of the structure of such company may be, or passes; and the plaintiff may elect in which county he will bring the action.

R.L. 1910, § 4675.

§12136.  Actions against turnpike companies.

An action, other than one of those mentioned in the first three sections of this article, against a turnpike road company, may be brought in any county in which any part of such turnpike road or roads lie.

R.L. 1910, § 4676.

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

In addition to the other counties in which an action may be brought against a nonresident of this state, or a foreign corporation, such action may be brought in any county in which there may be property of or debts owing to such defendant, or where such defendant may be found, or in any county where a codefendant may properly be sued; if such defendant be a foreign insurance company the action may be brought in any county where such cause of action, or any part thereof, arose, or where the plaintiff resides or where such company has an agent.

R.L. 1910, § 4677.  Amended by Laws 1975, c. 125, § 1, emerg. eff. May 13, 1975.

§12-138.  Repealed by Laws 1971, c. 23, § 3, eff. March 22, 1971.

§12139.  Other actions  Venue when creditor has assigned right.

Every other action must be brought in the county in which the defendant or some one of the defendants resides or resided at the time the claim arose, or may be summoned; except claims against makers of notes, claims, or other indebtedness which have been assigned, sold or transferred by or from the original payee or obligee, which claims against such original maker of such notes, claims or indebtedness can only be brought in the county in which the said maker of such note, claim or indebtedness or some one of the original makers of such note, claim or indebtedness resides. Provided, however, this section shall not in any way change or limit Section 4671 of the Revised Laws of Oklahoma, 1910.

R.L. 1910, § 4679.  Amended by Laws 1915, c. 62, § 1; Laws 1991, c. 30, § 1, eff. Sept. 1, 1991.

§12140.  Change of venue.

In all cases in which it is made to appear to the court that a fair and impartial trial cannot be had in the county where the suit is pending, the court may, on application of either party, change the place of trial to some county where such objections do not exist.

R.L. 1910, § 4680.

§12141.  Actions for damages by motor vehicles or watercraft.

The venue of civil actions for damages resulting from the use or operation of motor vehicles, or resulting from the operation of boats or other watercraft in the waters of this state, wherein the defendant or defendants resided in the State of Oklahoma at the time of injury, shall be, at the option of the plaintiff or plaintiffs, in either of the following:

1.  In any county of Oklahoma where service of summons can be obtained upon one or more of the defendants as now provided by law.

2.  In any county where the damages or a part thereof were sustained.

The plaintiff or plaintiffs may cause summons to issue to any county in Oklahoma for service upon one or more of the defendants.  When service of summons upon one or more of the defendants cannot be obtained in Oklahoma with the exercise of due diligence, service may then be secured upon such defendant or defendants, as now or hereafter provided in Chapter 59, 47 O.S. 1961, for service upon nonresident motorists.

Added by Laws 1953, p. 49, § 1.  Amended by Laws 1965, c. 51, § 1, emerg. eff. March 26, 1965; Laws 1965, c. 246, § 1, emerg. eff. June 16, 1965.

§12142.  Action for collection on open account, statement of account, account stated, note or other instrument of indebtedness  Contracts for goods, wares, merchandise, labor or services.

The venue of civil actions for the collection of an open account, a statement of account, account stated, written or oral contract relating to the purchase of goods, wares or merchandise, labor or services, or for the collection of any note or other instrument of indebtedness shall be, at the option of the plaintiff or plaintiffs, in either of the following:

(a) in any county in which venue may be properly laid as now provided by law; or

(b) in the county in which the debt was contracted or in which the note or other instrument of indebtedness was given.

Added by Laws 1965, c. 94, § 1.  Amended by Laws 1971, c. 45, § 1, eff. Oct. 1, 1971; Laws 1978, c. 305, § 1, eff. July 1, 1978; Laws 1988, c. 4, § 1, eff. Nov. 1, 1987.

§12143.  Venue statutes as cumulative  Application.

All venue statutes are cumulative wherever they appear and any action brought under any such statute may be maintained where brought.  No court shall apply one venue statute in preference to another whether considered general or special.

Added by Laws 1975, c. 105, § 1, emerg. eff. May 6, 1975.

NOTE:  A former § 143 of this title, derived from Laws 1965, c. 94, § 2, was repealed by Laws 1971, c. 45, § 2.

§12-150.  Medical liability actions - Summons.

In any medical liability action, a summons shall be served on the defendant, or defendants, within one hundred eighty (180) days of the filing of the lawsuit or the case shall be deemed dismissed without prejudice.

Added by Laws 2003, c.390, § 9, eff. July 1, 2003.

§12-151.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-152.  Repealed by Laws 1972, c. 214, § 5, eff. Oct. 1, 1972.

§12-153.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-153.1.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12154.  Summons may issue to other county.

Where the action is rightly brought in any county, a summons shall be issued to any other county against any one or more of the defendants, at the plaintiff's request.

R.L. 1910, § 4706.

§12-154.1.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-154.2.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-154.3.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-154.4.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-154.5.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-154.6.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-154.7.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-155.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-156.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-157.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-158.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

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

A.  Service and return of process in civil cases may be by an authorized licensed private process server.  The presiding judge of the judicial administrative district in which the county is located, or an associate district judge or district judge of the county as may be designated by the presiding judge, shall be authorized to issue a license to make service of process in civil cases to persons deemed qualified to do so.

B.  Any person eighteen (18) years of age or older, of good moral character, and found ethically and mentally fit may obtain a license by filing an application therefor with the court clerk on a verified form to be prescribed by the Administrative Office of the Courts.

C.  The applicant filing for a license shall:

1.  Pay a license fee of Thirtyfive Dollars ($35.00), and the regular docketing, posting, mailing, and filing fees prescribed by law.  The license shall contain the name, address, a brief description of the licensee, and, at the discretion of the district court clerk, a recent photograph of the licensee.  The license shall state that the licensee is an officer of the court only for the purpose of service of process and only within the county in which the license is issued.  The license shall be carried by the licensee while on duty as a private process server.  At the end of one (1) calendar year from the date of issuance of the initial license, the license shall be renewed for a period of one (1) year.  The license shall be renewed each succeeding year.  A fee of Five Dollars ($5.00) shall be charged for each license renewal.  Upon an annual filing of a certified copy of a license issued pursuant to the provisions of this paragraph and payment of a filing fee of Twenty-five Dollars ($25.00) to the court clerk of any county within this state, a licensed process server may serve process in that county for the district court having jurisdiction for that county; or

2.  Pay a license fee of One Hundred Fifty Dollars ($150.00), and the regular docketing, posting, mailing, and filing fees prescribed by law.  The license shall contain the name, address, a brief description of the licensee, and, at the discretion of the district court clerk, a recent photograph of the licensee.  The license shall state that the licensee is an officer of the court only for the purpose of service of process.  The authority of the licensee shall be statewide.  The license shall be carried by the licensee while on duty as a private process server.  At the end of one (1) calendar year from the date of issuance of the initial license, the license shall be renewed for a period of three (3) years.  The license shall be renewed each succeeding three (3) years.  A fee of Fifteen Dollars ($15.00) per renewal shall be charged for each license renewal.

All fees collected pursuant to this section shall be deposited in the court fund.

D.  Upon the filing of an application for a license, the court clerk shall give five (5) days' notice of hearing by causing the notice to be posted in the courthouse.  A copy of the notice shall be mailed to the district attorney, the sheriff, and the chief of police or marshal in the county seat and shall contain the name of the applicant and the time and place the presiding judge or the associate district judge or district judge designated by the presiding judge, will act upon the application.

E.  If, at the time of consideration of the application or renewal, there are no protests and the applicant appears qualified, the application for the license shall be granted by the presiding judge or such associate district judge or district judge as is designated by the presiding judge and, upon executing bond running to the State of Oklahoma in the amount of Five Thousand Dollars ($5,000.00) for faithful performance of his or her duties and filing the bond with the court clerk, the applicant shall be authorized and licensed to serve civil process statewide.

F.  If any citizen of the county files a written protest setting forth objections to the licensing of the applicant, the district court clerk shall so advise the presiding judge or such associate district judge or district judge as is designated by the presiding judge, who shall set a later date for hearing of application and protest.  The hearing shall be held within thirty (30) days and after notice to all persons known to be interested.

G.  Proof of service of process shall be shown by affidavit as provided for by subsection G of Section 2004 of this title.

H.  The district attorney of the county wherein a license authorized under this act has been issued may file a petition in the district court to revoke the license issued to any licensee, as authorized pursuant to the provisions of this section, alleging the violation by the licensee of any of the provisions of the law.  After at least ten (10) days' notice by certified mail to the licensee, the chief or presiding judge, sitting without jury, shall hear the petition and enter an order thereon.  If the license is revoked, the licensee shall not be permitted to reapply for a license for a period of five (5) years from the date of revocation.  Notwithstanding any other provisions of this section, any licensee whose license has been revoked one time shall pay the sum of One Thousand Dollars ($1,000.00) as a renewal fee.  If a second revocation occurs, the chief or presiding judge shall not allow an applicant to renew the license.

I.  The court clerk shall keep posted at all times in his office the list of licensed private process servers.  Any person in need of a process server's services may designate one from the names on the list, before presenting summons to the court clerk for issuance, without necessity for individual judicial appointment.

Added by Laws 1976, c. 74, § 1, emerg. eff. April 29, 1976.  Amended by Laws 1978, c. 156, § 1, emerg. eff. Oct. 1, 1978; Laws 1979, c. 177, § 1, eff. Oct. 1, 1979; Laws 1984, c. 157, § 1, eff. Nov. 1, 1984; Laws 1985, c. 277, § 1, eff. Nov. 1, 1985; Laws 1987, c. 83, § 1, eff. Nov. 1, 1987; Laws 1998, c. 310, § 2, eff. Nov. 1, 1998; Laws 2003, c. 440, § 1, eff. July 1, 2003.

§12158.2.  Request of server  Fees.

The process served by a licensee, authorized herein, shall be upon a request by the party or person desiring to obtain the services of said licensee.  The fees to be paid for the services shall be agreed upon by them, and such fees shall not be collected by, nor handled through, the court clerk's office.

Added by Laws 1976, c. 74, § 2, emerg. eff. April 29, 1976.

§12-159.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-160.  Repealed by Laws 1968, c. 293, § 3, eff. May 3, 1968.

§12-161.  Repealed by Laws 1972, c. 214, § 5, eff. Oct. 1, 1972.

§12-162.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-163.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-164.  Repealed by Laws 1963, c. 24, § 1, eff. March 26, 1963.

§12-165.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-166.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-167.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-168.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-169.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-170.  Repealed by Laws 1972, c. 208, § 12, eff. Oct. 1, 1972.

§12-170.1.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-170.2.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-170.3.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-170.4.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-170.5.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-170.6.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-170.7.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-170.8.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-170.9.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-171.  Repealed by Laws 1972, c. 208, § 12, eff. Oct. 1, 1972.

§12-171.1.  Effect of affidavit of service.

No judgment rendered more than ten (10) years prior hereto against unknown heirs, executors, administrators, devisees, trustees or assigns of any deceased person or, in the alternative, against a person or his unknown heirs, executors, administrators, devisees and assigns, shall ever be construed or held to be either void or voidable on the ground of the alleged insufficiency of said affidavit, provided the requirements of 12 O.S. 1961, § 171, are met in such affidavit, either directly or by inference.  All such judgments, if not otherwise defective, are hereby declared valid and legally effective and conclusive as of the date thereof.  Provided, that nothing in this act shall be construed to affect any litigation now pending in any courts of the State of Oklahoma on the effective date of this act.

Added by Laws 1967, c. 143, § 1, emerg. eff. April 27, 1967.

§12-172.  Repealed by Laws 1972, c. 208, § 12, eff. Oct. 1, 1972.

§12-173.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-174.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-176.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-177.  Repealed by Laws 1947, p. 79, § 2.

§12177.1.  Judgment against unknown heirs or devisees  Judgment against party served by publication.

No judgment heretofore or hereafter rendered in any action against unknown heirs or devisees of a deceased person shall ever be construed, or held to be, either void or voidable upon the ground that an affidavit of the plaintiff to the effect that the name of such heirs or devisees, or any of them, and their residences, are unknown to the plaintiff, was not annexed to his petition; and all such judgments, if not otherwise void, are hereby declared to be valid and binding from the date of rendition.

No judgment heretofore or hereafter rendered in any action against any person or party served by publication shall be construed or held to be void or voidable because the affidavit for such service by publication was made by the attorney for the plaintiff or because the petition or other pleading was verified by the attorney for the plaintiff or party seeking such service by publication.  In all such cases it shall be conclusively presumed, if otherwise sufficient, that the allegations and statements made by such attorney were and are in legal effect and for all purposes made by plaintiff and shall have the same force and effect as if actually made by the plaintiff.  All such judgments, if not otherwise defective or void, are hereby declared valid and legally effective and conclusive as of the date thereof as if such affidavit was made or the petition or pleading was verified by the plaintiff or other party obtaining such service by publication.  Provided further, that nothing in this act shall be construed to affect any litigation now pending in any courts of the State of Oklahoma on the effective date of this act.

Added by Laws 1947, p. 79, § 3.  Amended by Laws 1957, p. 80, § 1.

§12177.2.  Limitation of actions.

Provided, any proceeding or suit or action to challenge or vacate or reopen a judgment ratified or confirmed by this act or law shall be commenced within six (6) months from the effective date hereof.  Unless such suit or proceeding is begun within such time, the right to attack or challenge or question the validity of such judgment shall be forever barred.

Added by Laws 1957, p. 81, § 2.

§12178.  Service on some of several defendants.

Where the action is against two or more defendants, and one or more shall have been served, but not all of them, the plaintiff may proceed as follows:

First.  If the action be against defendants jointly indebted upon contract, tort, or any other cause of action, he may proceed against the defendants served, unless the court otherwise direct; and if he recover judgment, it may be entered against all the defendants thus jointly indebted, so far only as that it may be enforced against the joint property of all, and the separate property of the defendants served; and if they are subject to arrest, against the persons of the defendants served.

Second.  If the action be against defendants severally liable, he may, without prejudice to his rights against those not served, proceed against the defendants served in the same manner as if they were the only defendants.

R.L. 1910, § 4730.  Amended by Laws 1925, c. 186, p. 291, § 1.

§12179.  Judgment no bar as to defendants not served.

Nothing in this code shall be so construed as to make a judgment, against one or more defendants jointly or severally liable, a bar to another action against those not served.

R.L. 1910, § 4731.

§12-180.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-180.1.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12181.  Record of judgment in realty case.

When any part of real property, the subject matter of an action, is situated in any other county or counties than the one in which the action is brought, a certified copy of the judgment in such action must be recorded in the office of the county clerk of such other county or counties, before it shall operate therein as notice.  It shall operate as such notice, when recorded in the office of the county clerk, in the county where it is rendered.

R.L. 1910, § 4733.  Amended by Laws 1977, c. 207, § 2, eff. Oct. 1, 1977.

§12182.  Unincorporated associations and trusts  Suits against  Service of process.

When any two or more persons associate themselves together and transact business for gain or speculation under a particular appellation, not being incorporated, they may be sued by such appellation without naming the individuals composing such association and service of process may be had upon such association by personal service as provided by law for services of summons in civil actions, upon any member of such unincorporated association, or, if the case be one in which service by publication may be had under the laws of this state, and service of summons either within or outside of the state cannot be had, with due diligence, upon any of the members of such unincorporated association, service by publication may be had upon such association by its particular appellation.  Provided further, that service may be had upon any common law trust or any other unincorporated association or trust of individuals designating themselves as a trust or represented by an individual as trustee, by service upon any one of such individuals as may be designated as trustee for said trust, the same as in any other civil action.  Venue in such cases, in addition to that now provided, shall be the same as that provided for actions involving domestic corporations.

Added by Laws 1931, p. 4, art. 3, § 1.  Amended by Laws 1973, c. 262, § 4, operative July 1, 1973; Laws 1976, c. 17, § 1, eff. Oct. 1, 1976.

§12-183.  Repealed by Laws 1973, c. 262, § 8, operative July 1, 1973.

§12-184.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-185.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-185.1.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-186.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12187.  Action against nonresident defendant(s) - Venue.

In addition to the other counties in which an action may be brought against a nonresident of this state, an action where all defendants are nonresidents of the state may be brought in the county where the cause of action arose or in the county where the plaintiff or one of the plaintiffs resides.  If one or more of the defendants is a resident of this state, the action shall be brought in any county where venue would be proper as to the resident defendant or one of the resident defendants if there are several.

Added by Laws 1963, c. 32, § 1.  Amended by Laws 1965, c. 54, § 1, emerg. eff. March 29, 1965; Laws 1967, c. 228, § 1, emerg. eff. May 2, 1967; Laws 1972, c. 208, § 8, eff. Oct. 1, 1972; Laws 1984, c. 164, § 31, eff. Nov. 1, 1984.

§12-188.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-189.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-190.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-221.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-222.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-223.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-224.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-225.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-226.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-227.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-228.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-228a.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-229.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-230.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-231.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-232.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-233.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-234.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-235.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-236.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12236a.  Party defendants in real property actions.

In an action involving real property any person appearing in any manner in the title thereto, or claiming or appearing to claim some interest in the real property involved, may be included as a party defendant by naming such person as a party defendant in the caption of such petition; and when such person is made a defendant in the body of the petition under the appellation of substantially the following words "said defendant named herein claims some right, title, lien, estate, encumbrance, claim, assessment or interest in and to the real property involved herein, adverse to plaintiff which constitutes a cloud upon the title of plaintiff and defendant has no right, title, lien, estate, encumbrance, claim, assessment or interest, either in law or in equity, in and to the real property involved herein", that same is sufficient to include any and all claims, known or unknown, that such defendant may have in and to the real property involved in such case, it not being necessary to set out the reason in the petition, or other pleading, for such person being made a party defendant.

Added by Laws 1961, p. 61, § 1.

§12-237.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-238.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-239.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-240.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-241.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-242.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-243.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12244.  Transferred to § 17.1 of Title 10.

§12-245.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-261.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-262.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-263.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-264.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-264.1.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-265.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-266.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-267.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-268.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-268A.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-269.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12270.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-271.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-272.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-273.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-273.1.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-274.  Repealed by Laws 1965, c. 120, § 2.

§12-275.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-276.  Repealed by Laws 1963, c. 125, § 2.

§12-277.  Repealed by Laws 1963, c. 125, § 2.

§12-278.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-279.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-280.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-281.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-282.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-283.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-284.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-285.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-286.  Repealed by Laws 1977, c. 86, § 1, eff. Oct. 1, 1977.

§12-287.  Repealed by Laws 1977, c. 86, § 1, eff. Oct. 1, 1977.

§12-288.  Repealed by Laws 1977, c. 86, § 1, eff. Oct. 1, 1977.

§12-289.  Repealed by Laws 1977, c. 86, § 1, eff. Oct. 1, 1977.

§12-290.  Repealed by Laws 1977, c. 86, § 1, eff. Oct. 1, 1977.

§12-291.  Repealed by Laws 1977, c. 86, § 1, eff. Oct. 1, 1977.

§12-292.  Repealed by Laws 1977, c. 86, § 1, eff. Oct. 1, 1977.

§12-293.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-294.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-295.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-296.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-297.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-298.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-299.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-300.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-301.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-302.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12303.  Libel or slander  Alleging publication concerning plaintiff.

In an action for libel or slander, it shall be sufficient to state, generally, that the defamatory matter was published or spoken of the plaintiff; and if the allegation be denied, the plaintiff must prove, on the trial, the facts, showing that the defamatory matter was published or spoken of him.

R.L. 1910, § 4776.

§12304.  Truth as defense in libel or slander  Mitigation.

In the actions mentioned in the last section, the defendant may allege the truth of the matter charged as defamatory, and may prove the same, and any mitigating circumstances, to reduce the amount of damages, or he may prove either.

R.L. 1910, § 4777.

§12305.  Description of real property.

In any action for the recovery of real property, it shall be described with such convenient certainty as will enable an officer holding an execution to identify it.

R.L. 1910, § 4778.

§12305.1.  Pleading recorded instruments affecting real estate.

From and after the passage of this act in all civil cases whereby it is necessary to incorporate, in the pleadings, facts concerning instruments of record affecting real estate, that such incorporation may be made by reference to the date of such instrument, and the book and page number where recorded in lieu of affixing a copy of the same to such pleadings.

Added by Laws 1953, p. 52, § 1.

§12-306.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-307.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-308.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12309.  Tenders  How made  Deposit in court.

When a tender of money is alleged in any pleading, it shall not be necessary to deposit the money in court when the pleading is filed, but it shall be sufficient if the money is deposited in court at trial, or when ordered by the court.

R.L. 1910, § 4782.

§12310.  Lost pleadings.

If an original pleading be lost or withheld by any person the court may allow a copy thereof to be substituted.

R.L. 1910, § 4783.

§12-311.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-312.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-313.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-314.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-315.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-316.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-317.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-318.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-319.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-320.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-321.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-322.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-323.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-324.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-381.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-382.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-383.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-384.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-385.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-385.1.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-385.2.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-385.3.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-386.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-387.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-388.  Repealed by Laws 1982, c. 198, § 16.

§12-389.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-390.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-390.1.  Repealed by Laws 1982, c. 198, § 16.

§12-391.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12392.  Disobedience of subpoena or refusal to be sworn or answer as a witness punishable as contempt.

Disobedience of a subpoena, or refusal to be sworn or to answer as a witness, when lawfully ordered, may be punished as a contempt of the court or officer by whom his attendance or testimony is required.

R.L. 1910, § 5057.  Amended by Laws 1980, c. 47, § 1, eff. Oct. 1, 1980.

§12393.  Attachment of witness for nonattendance.

When a witness fails to attend in obedience to a subpoena (except in case of a demand and failure to pay his fees), the court or officer before whom his attendance is required may issue an attachment to the sheriff, coroner or constable of the county, commanding him to arrest and bring the person therein named before the court or officer, at a time and place to be fixed in the attachment, to give his testimony and answer for the contempt.  If the attachment be not for immediately bringing the witness before the court or officer, a sum may be fixed in which the witness may give an undertaking, with surety, for his appearance; such sum shall be endorsed on the back of the attachment; and if no sum is so fixed and endorsed, it shall be One Hundred Dollars ($100.00).  If the witness be not personally served, the court may, by a rule, order him to show cause why an attachment should not issue against him.

R.L. 1910, § 5058.

§12394.  Punishment for contempt  Liability to party injured.

A.  The punishment for the contempt provided in Section 393 of this title shall be as follows:  When the witness fails to attend, in obedience to the subpoena, except in case of a demand and failure to pay his fees, the court or officer may fine the witness in a sum not exceeding Fifty Dollars ($50.00).  In other cases, the court or officer may fine the witness in a sum not exceeding Fifty Dollars ($50.00), or may imprison him in the county jail, there to remain until he shall submit to be sworn, testify or give his deposition.  The fine imposed by the court shall be paid into the county treasury, and that imposed by the officer shall be for the use of the party for whom the witness was subpoenaed.  The witness shall, also, be liable to the party injured for any damages occasioned by his failure to attend, or his refusal to be sworn, testify or give his deposition.

B.  The punishment provided in this section shall not apply where the witness refuses to subscribe a deposition.

R.L. 1910, § 5059.  Amended by Laws 1980, c. 47, § 2, eff. Oct. 1, 1980.

§12395.  Discharge when imprisonment illegal.

A witness so imprisoned by an officer before whom his deposition is being taken, may apply to a judge of a court of record, who shall have power to discharge him, if it appears that his imprisonment is illegal.

R.L. 1910, § 5060.

§12396.  Requisites of attachment  Order of commitment.

Every attachment for the arrest, or order of commitment to prison of a witness by a court or officer, pursuant to this article, must be under the seal of the court or officer, if he have an official seal, and must specify, particularly, the cause of arrest or commitment; and if the commitment be for refusing to answer a question, such question must be stated in the order.  Such order of commitment may be directed to the sheriff, coroner or any constable of the county where such witness resides, or may be at the time, and shall be executed by committing him to the jail of such county, and delivering a copy of the order to the jailor.

R.L. 1910, § 5061.

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

A.  A person confined in any prison in this state may by order of any court of record, be required to be produced for oral examination as a witness by the court in the county where he is imprisoned, but in all other cases his examination must be by deposition.

B.  Any person or a prisoner confined in any prison or jail in this state who is the complaining party or defending party in any form of a civil action may apply for a Writ of Habeas Corpus for the purpose of having the prisoner appear before the court for an evidentiary hearing in which the court shall take testimony from the prisoner.  The custodian of the prisoner shall be given prior notice of the application and fifteen (15) days to respond prior to the decision of the court.  If the court issues such writ, it shall be issued and delivered to the custodian of the prisoner at least fifteen (15) days prior to the date the prisoner is to appear, shall order the custodian to be paid for all costs of transportation and shall order the prisoner to be delivered to the court named in the writ.  The court shall not consider a writ of habeas corpus ad testificandum except for a hearing on the merits of the civil action.  The court shall not award attorney fees and costs to the prevailing party in this matter.  All pretrial hearings for the civil action that involve a prisoner shall be conducted by telephone, deposition or video conference.

C.  If upon application, the court issues a Writ of Habeas Corpus as provided in subsection B of this section, it shall order the person applying for such writ or other appropriate party to pay to the custodian executing the writ all costs of transporting the prisoner to and from the court.  No court shall waive the requirement to pay the costs of transportation to the custodian.  The writ shall also serve as a judgment against the prisoner, if the prisoner is the party ordered to pay transportation costs or was the party seeking the writ, and may be enforced by the detaining governmental unit without further order of any court for a period of five (5) years after the date of the writ.  The custodian executing the release shall notify the prisoner and the court, at the time of delivery, of the costs of transportation.

D.  Any writ that fails to comply with all of the requirements of this section shall be void and unenforceable and no officer or employee of the custodian shall be liable for failing to execute said writ.

R.L. 1910, § 5062.  Amended by Laws 1993, c. 174, § 1, emerg. eff. May 10, 1993; Laws 2002, c. 402, § 2, eff. July 1, 2002; Laws 2004, c. 168, § 2, emerg. eff. April 27, 2004; Laws 2005, c. 159, § 2, emerg. eff. May 10, 2005.

NOTE:  Laws 2004, c. 168, § 18, providing for an effective date of Nov. 1, 2004, was repealed by Laws 2004, c. 382, § 4, emerg. eff. June 3, 2004.

§12398.  Examination by deposition  Custody.

If a prisoner's testimony is taken by deposition, he shall remain in the custody of the official charged with the prisoner's custody.  The official custodian shall afford reasonable facilities for the taking of the deposition.

R.L. 1910, § 5063.  Amended by Laws 1993, c. 174, § 2, emerg. eff. May 10, 1993.

§12399.  Witness privileged.

A witness shall not be liable to be sued in a county in which he does not reside, by being served with a summons in such county, while going, returning or attending, in obedience to a subpoena.

R.L. 1910, § 5064.

§12400.  Witness may demand fees each day  Exception.

At the commencement of each day after the first day, a witness may demand his fees for that day's attendance in obedience to a subpoena; and if the same be not paid, he shall not be required to remain, except witnesses subpoenaed by any state department, board, commission or legislative committee authorized by law to issue subpoenas shall be paid for their attendance and necessary travel as provided by law in other cases at the time their testimony is completed.

R.L. 1910, § 5065.  Amended by Laws 1961, p. 63, § 3.

§12-401.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12411.  Privilege.

No testimony given by a witness before the House of Representatives or the Senate, or before any committee established by a Resolution of the House, or Senate, or Concurrent Resolution of the two Houses of the Legislature, shall be used as evidence in any criminal proceeding against him in any court, except in a prosecution for perjury committed in giving such testimony.  But an official paper or record produced by him is not within the privilege.

Added by Laws 1957, p. 167, § 1.

§12412.  Procedure.

In the case of proceedings before a committee that twothirds (2/3) of the members of the full committee shall by affirmative vote have authorized such witness, to be granted immunity under this act with respect to the transactions, matters or things concerning which he is compelled, after having claimed his privilege against selfincrimination, to testify or produce evidence by direction of the presiding officer and that an order of the district or superior court for the county wherein the inquiry is being carried on has been entered into the record requiring said person to testify or produce evidence.  Such an order may be issued by a district or superior court judge upon application by a duly authorized representative of the House of Representatives or Senate or of the committee concerned.  Neither house nor any committee thereof nor any joint committee of the two houses of the Legislature shall grant immunity to any witness without first having notified the Attorney General of the State of Oklahoma of such action and thereafter having secured the approval of the district or superior court for the county wherein the inquiry is being held.  The Attorney General of the State of Oklahoma shall be notified of the time of each proposed application to the district or superior court and shall be given an opportunity to be heard with respect thereto prior to the entrance into the record of the order of the district or superior court.  No witness shall be exempt from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion as provided in this section.

Added by Laws 1957, p. 168, § 2.

§12413.  Oaths.

The President of the Senate, the Speaker of the House of Representatives, or a chairman of committee of the whole, or of any committee or either House of the Legislature, is empowered to administer oaths to witnesses in any case under their examination.

Added by Laws 1957, p. 168, § 3.

§12414.  Penalties.

Every person who having been summoned as a witness by the authority of either house of the Legislature, to give testimony or produce papers upon any matter under inquiry before either house, or any committee of either house of the Legislature, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the question under inquiry, shall be deemed guilty of a misdemeanor, punishable by a fine of not more than Five Thousand Dollars ($5,000.00) nor less than One Hundred Dollars ($100.00), and imprisonment in a county jail for not less than one (1) month nor more than twelve (12) months.

Added by Laws 1957, p. 168, § 4.

§12415.  Disgrace as ground for refusal to testify.

No witness is privileged to refuse to testify to any fact, or produce any paper, respecting which he shall be examined by either house of the Legislature, or by any committee of either house, upon the ground that his testimony to such fact or his production of such paper may tend to disgrace or otherwise render him infamous.

Added by Laws 1957, p. 168, § 5.

§12416.  Prosecution.

Whenever a witness summoned as mentioned in Section 4 of this act fails to testify, and the facts are reported to either house, the President of the Senate or Speaker of the House, as the case may be, shall certify the fact under the seal of the Senate or House to the Attorney General and district attorney of the county where the witness failed to appear, whose duty it shall be to bring the matter in the proper court by information or indictment for prosecution.

Added by Laws 1957, p. 168, § 6.

§12417.  Fees and mileage.

Witnesses shall be paid the same fees and mileage as are paid in civil cases in district and superior courts.

Added by Laws 1957, p. 168, § 7.

§12-418.1.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-418.2.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-418.3.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-418.4.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-418.5.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-418.6.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-418.7.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-418.8.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-418.9.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-418.10.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-418.11.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-418.12.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12421.  Modes of taking testimony.

The testimony of witnesses is taken in three modes:

First.  By affidavits.

Second.  By deposition.

Third. By oral examination.

R.L. 1910, § 5067.

§12422.  Affidavit defined.

An affidavit is a written declaration, under oath, made without notice to the adverse party.

R.L. 1910, § 5068.

§12-423.  Repealed by Laws 1982, c. 198, § 16.

§12-424.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-425.  Repealed by Laws 1982, c. 198, § 16.

§12-426.  Statement under penalty of perjury.

Whenever, under any law of Oklahoma or under any rule, order, or requirement made pursuant to the law of Oklahoma, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn statement, declaration, verification, certificate, oath, or affidavit, in writing of the person making the same (other than a deposition, or any oath of office, or an oath required to be taken before a specified official other than a notary public), the matter may with like force and effect be supported, evidenced, established, or proved by the unsworn statement in writing of the person made and signed under penalty of perjury setting forth the date and place of execution and that it is made under the laws of Oklahoma.  The statement under penalty of perjury may be substantially in the following form:

"I state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct.

______________________________ _________________________________

(Date and Place) (Signature)"

The signed statement under penalty of perjury shall constitute a legally binding assertion that the contents of the statement to which it refers are true.  This section shall not affect any requirement for acknowledgment of an instrument affecting real property.

Added by Laws 2002, c. 468, § 2, eff. Nov. 1, 2002.

§12431.  Use of affidavit.

An affidavit may be used to verify a pleading, to prove the service of a summons, notice or other process in an action, to obtain a provisional remedy, an examination of a witness, a stay of proceedings, or upon a motion or in any other case permitted by law.

R.L. 1910, § 5071.

§12432.  Where and before whom taken.

An affidavit may be made in and out of this state, before any person authorized to administer oaths.

R.L. 1910, § 5072.  Amended by Laws 1989, c. 230, § 1, eff. Nov. 1, 1989.

§12-433.  Repealed by Laws 1982, c. 198, § 16.

§12-434.  Repealed by Laws 1982, c. 198, § 16.

§12-435.  Repealed by Laws 1982, c. 198, § 16.

§12-436.  Repealed by Laws 1982, c. 198, § 16.

§12-437.  Repealed by Laws 1982, c. 198, § 16.

§12-438.  Repealed by Laws 1982, c. 198, § 16.

§12-439.  Repealed by Laws 1982, c. 198, § 16.

§12-440.  Repealed by Laws 1982, c. 198, § 16.

§12-441.  Repealed by Laws 1982, c. 198, § 16.

§12-442.  Repealed by Laws 1982, c. 198, § 16.

§12-443.  Repealed by Laws 1982, c. 198, § 16.

§12-444.  Repealed by Laws 1982, c. 198, § 16.

§12-445.  Repealed by Laws 1982, c. 198, § 16.

§12-446.  Repealed by Laws 1982, c. 198, § 16.

§12-447.  Repealed by Laws 1982, c. 198, § 16.

§12-448.  Repealed by Laws 1982, c. 198, § 16.

§12-449.  Repealed by Laws 1982, c. 198, § 16.

§12-450.  Repealed by Laws 1982, c. 198, § 16.

§12-451.  Repealed by Laws 1982, c. 198, § 16.

§12-452.  Repealed by Laws 1982, c. 198, § 16.

§12-453.  Repealed by Laws 1961, p. 63, § 1, eff. Oct. 27, 1961.

§12-461.  Repealed by Laws 1982, c. 198, § 16.

§12-462.  Repealed by Laws 2002, c. 468, § 79, eff. Nov. 1, 2002.

§12-463.  Repealed by Laws 1982, c. 198, § 16.

§12-481.  Repealed by Laws 1982, c. 198, § 16.

§12-482.  Repealed by Laws 1982, c. 198, § 16.

§12-483.  Repealed by Laws 1982, c. 198, § 16.

§12-484.  Repealed by Laws 1982, c. 198, § 16.

§12-485.  Repealed by Laws 1982, c. 198, § 16.

§12-486.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-487.  Repealed by Laws 1982, c. 198, § 16.

§12-488.  Repealed by Laws 1982, c. 198, § 16.

§12-489.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-490.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-491.  Repealed by Laws 1968, c. 295, § 6, eff. Jan. 13, 1969.

§12-492.  Repealed by Laws 1968, c. 295, § 6, eff. Jan. 13, 1969.

§12-493.  Repealed by Laws 1982, c. 198, § 16.

§12-494.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-495.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-496.  Repealed by Laws 1982, c. 198, § 16.

§12-497.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-498.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-499.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-500.  Repealed by Laws 1982, c. 198, § 16.

§12-501.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-502.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-503.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-504.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-505.  Repealed by Laws 1982, c. 198, § 16.

§12-521.  Repealed by Laws 1982, c. 198, § 16.

§12-522.  Repealed by Laws 1982, c. 198, § 16.

§12-523.  Repealed by Laws 1982, c. 198, § 16.

§12-531.  Repealed by Laws 1965, c. 110, § 14, eff. May 19, 1965.

§12-532.  Repealed by Laws 1965, c. 110, § 14, eff. May 19, 1965.

§12-533.  Repealed by Laws 1965, c. 110, § 14, eff. May 19, 1965.

§12-534.  Repealed by Laws 1965, c. 110, § 14, eff. May 19, 1965.

§12-535.  Repealed by Laws 1965, c. 110, § 14, eff. May 19, 1965.

§12-536.  Repealed by Laws 1965, c. 110, § 14, eff. May 19, 1965.

§12-537.  Repealed by Laws 1982, c. 198, § 16.

§12-538.1.  Repealed by Laws 1982, c. 198, § 16.

§12-538.2.  Repealed by Laws 1982, c. 198, § 16.

§12-538.3.  Repealed by Laws 1982, c. 198, § 16.

§12-538.4.  Repealed by Laws 1982, c. 198, § 16.

§12-538.5.  Repealed by Laws 1982, c. 198, § 16.

§12-538.6.  Repealed by Laws 1982, c. 198, § 16.

§12-538.7.  Repealed by Laws 1982, c. 198, § 16.

§12-538.8.  Repealed by Laws 1982, c. 198, § 16.

§12-538.9.  Repealed by Laws 1982, c. 198, § 16.

§12-538.10.  Repealed by Laws 1982, c. 198, § 16.

§12-538.11.  Repealed by Laws 1982, c. 198, § 16.

§12-538.12.  Repealed by Laws 1982, c. 198, § 16.

§12-538.13.  Repealed by Laws 1982, c. 198, § 16.

§12-541.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-542.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-543.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-544.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-546.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-547.  Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.

§12-548.  Repealed by Laws 1982, c. 198, § 16.

§12-549.  Repealed by Laws 1982, c. 198, § 16.

§12551.  Trial defined.

A trial is a judicial examination of the issues, whether of law or fact, in an action.

R.L. 1910, § 4988.

§12552.  How issues arise  Kinds of issues.

Issues arise on the pleadings, where a fact or conclusion of law is maintained by one party, and controverted by the other.  There are two kinds:  First, of law.  Second, of fact.

R.L. 1910, § 4989.

§12-553.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-554.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-555.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12556.  Trial of issues.

Issues of law must be tried by the court, unless referred.  Issues of fact arising in actions for the recovery of money, or of specific real or personal property, shall be tried by a jury, unless a jury trial is waived, or a reference be ordered, as hereinafter provided.

R.L. 1910, § 4993.

§12556.1.  Constituency of juries in civil actions  Trial without jury in certain cases.

(a) Where the amount in controversy, as stated in the prayer for relief or an affidavit of a party, or as found by the court where the amount in controversy is questioned by the adverse party, does not exceed One Thousand Five Hundred Dollars ($1,500.00), the action shall be tried to the court without a jury.

(b) In actions for forcible entry and detainer, or detention only, of real property and collection of rents therefor a jury shall consist of six (6) persons.

(c) Except as provided in parts (a) and (b) of this section, actions for the recovery of money or specific real or personal property or both shall be tried to a jury of twelve (12) persons (1) if a party requests the recovery of money in the sum of at least Ten Thousand Dollars ($10,000.00) or (2) if a party files an affidavit that the action involves at least Ten Thousand Dollars ($10,000.00) and the adverse party does not controvert the affidavit, or (3) if the adverse party controverts such an affidavit, if one is filed, and the court finds that the action involves at least Ten Thousand Dollars ($10,000.00); all other actions for the recovery of money or specific real or personal property or both shall be tried to a jury composed of six (6) persons.

Added by Laws 1968, c. 371, § 2.  Amended by Laws 1969, c. 331, § 1, emerg. eff. May 7, 1969; Laws 1991, c. 15, § 1.

§12557.  Certain issues of fact tried by court.

All other issues of fact shall be tried by the court, subject to its power to order any issue or issues to be tried by jury, or referred as provided in this Code.

R.L. 1910, § 4994.

§12-558.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-559.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12571.  Summoning jury.

The general mode of summoning the jury is such as is or may be provided by law.

R.L. 1910, § 4996.

§12572.  Causes for challenging jurors.

If there shall be impaneled, for the trial of any cause, any petit juror, who shall have been convicted of any crime which by law renders him disqualified to serve on a jury; or who has been arbitrator on either side, relating to the same controversy; or who has an interest in the cause; or who has an action pending between him and either party; or who has formerly been a juror in the same cause; or who is the employer, employee, counselor, agent, steward or attorney of either party; or who is subpoenaed as a witness; or who is of kin to either party; or any person who shall have served once already on a jury, as a talesman on the trial of any cause, in the same court during the term, he may be challenged for such causes; in either of which cases the same shall be considered as a principal challenge, and the validity thereof be tried by the court; and any petit juror who shall be returned upon the trial of any of the causes hereinbefore specified, against whom no principal cause of challenge can be alleged, may, nevertheless, be challenged on suspicion of prejudice against, or partiality for either party, or for want of competent knowledge of the English language, or any other cause that may render him, at the time, an unsuitable juror; but a resident and taxpayer of the state or any municipality therein shall not be thereby disqualified in actions in which such municipality is a party.  The validity of all challenges shall be determined by the court.

R.L. 1910, § 4997.

§12573.  Order of challenges.

The plaintiff first, and afterward the defendant, shall complete his challenges for cause.  They may then, in turn, in the same order, have the right to challenge one juror each, until each shall have peremptorily challenged three jurors, but no more.

R.L. 1910, § 4998.

§12574.  Vacancies filled at once  Challenges to jurors.

After each challenge, the vacancy shall be filled before further challenges are made; and any new juror thus introduced may be challenged for cause as well as peremptorily.

R.L. 1910, § 4999.

§12-575.  Repealed by Laws 1961, p. 64, § 1, eff. Oct. 27, 1961.

§12575.1.  Selection of jury in discretion of court  Manner.

Notwithstanding other methods authorized by law, the trial judge may direct in his discretion that a jury in a civil case be selected in the following manner:

(a) if the case be triable to a twelveman jury, eighteen prospective jurors shall be called and seated in the box and then examined on voir dire; when eighteen such prospective jurors have been passed for cause, each side of the lawsuit shall exercise its peremptory challenges out of the hearing of the jury by alternately striking three names from the list of those so passed for cause, and the remaining twelve persons shall be sworn to try the case;

(b) if the case be triable to a sixman jury, twelve prospective jurors shall be called and seated in the box and then examined on voir dire; when twelve such prospective jurors have been passed for cause, each side of the lawsuit shall exercise its peremptory challenges out of the hearing of the jury by alternately striking three names from the list of those so passed for cause, and the remaining six persons shall be sworn to try the case.

If there be more than one defendant in the case, and the trial judge determines on motion that there is a serious conflict of interest between them, he may, in his discretion, allow each defendant to strike three names from the list of jurors seated and passed for cause.  In such case he shall appropriately increase the number of jurors initially called and seated in the box for voir dire examination.

Added by Laws 1969, c. 252, § 1, emerg. eff. April 24, 1969.

§12576.  Oath of jury.

The jury shall be sworn to well and truly try the matters submitted to them in the case in hearing, and a true verdict give, according to the law and the evidence.

R.L. 1910, § 5001.

§12577.  Order of trial.

When the jury has been sworn, the trial shall proceed in the following order, unless the court for special reasons otherwise directs:

First.  The party on whom rests the burden of the issues may briefly state his case, and the evidence by which he expects to sustain it.

Second.  The adverse party may then briefly state his defense, and the evidence he expects to offer in support of it.

Third.  The party on whom rests the burden of the issues must first produce his evidence; after he has closed his evidence the adverse party may interpose and file a demurrer thereto, upon the ground that no cause of action or defense is proved.  If the court shall sustain the demurrer, such judgment shall be rendered for the party demurring as the state of the pleadings or the proof shall demand.  If the demurrer be overruled, the adverse party will then produce his evidence.

Fourth.  The parties will then be confined to rebutting evidence unless the court, for good reasons in furtherance of justice, permits them to offer evidence in the original case.

Fifth.  When the evidence is concluded and either party desires special instructions to be given to the jury, such instructions shall be reduced to writing, numbered, and signed by the party or his attorney asking the same, and delivered to the court.  The court shall give general instructions to the jury, which shall be in writing, and be numbered, and signed by the judge, if required by either party.

Sixth.  When either party asks special instructions to be given to the jury, the court shall either give such instructions as requested, or positively refuse to do so; or give the instructions with modification in such manner that it shall distinctly appear what instructions were given in whole or part, and in like manner those refused, so that either party may except to the instructions as asked for, or as modified, or to the modification, or to the refusal.  All instructions given by the court must be signed by the judge; and filed together with those asked for by the parties as a part of the record.

Seventh.  After the instructions have been given to the jury the cause may be argued.

R.L. 1910, § 5002.

§12577.1.  Oklahoma Uniform Jury Instructions  Institution of.

Inasmuch as many judgments in actions tried by juries are set aside and vacated on account of errors in instructions; and, whereas, justice is withheld, delayed, and, in some cases, denied on account of such erroneous instructions; and, the compilation and adoption of a body of uniform instructions in civil and criminal cases tried by juries in the courts of this state is necessary to the equal and uniform administration of justice; and, whereas, the justices and judges of the appellate courts of this state are in the best position to properly prescribe such instructions on this subject to the Legislature; the Supreme Court of the State of Oklahoma and the Court of Criminal Appeals of Oklahoma are respectively requested and authorized to proceed to prescribe and institute uniform instructions to be given in jury trials of civil or criminal cases, such instructions to be called:  "Oklahoma Uniform Jury Instructions."  (OUJI).

Added by Laws 1968, c. 201, § 1, emerg. eff. April 19, 1968.

§12577.2.  Use of instructions  Requests  Copies.

Whenever Oklahoma Uniform Jury Instructions (OUJI) contains an instruction applicable in a civil case or a criminal case, giving due consideration to the facts and the prevailing law, and the court determines that the jury should be instructed on the subject, the OUJI instructions shall be used unless the court determines that it does not accurately state the law.  Whenever OUJI does not contain an instruction on a subject on which the court determines that the jury should be instructed, the instruction given on that subject should be simple, brief, impartial and free from argument.  Counsel for either party or parties shall have a right to request instructions by so requesting in writing.

Each instruction shall be accompanied by a copy, and a copy shall be delivered to opposing counsel.  In addition to numbering the copies and indicating who tendered them, the copy shall contain a notation substantially as follows:

"OUJI No. ______" or "OUJI No. ______ Modified" or "Not in OUJI" as the case may be.

Added by Laws 1968, c. 201, § 2, emerg. eff. April 19, 1968.

§12577.3.  Appropriations.

The Supreme Court of Oklahoma and the Court of Criminal Appeals are authorized and requested to include in their respective budget requests, a reasonable appropriation for personal services and expenses to effectively carry out this project.

Added by Laws 1968, c. 201, § 3, emerg. eff. April 19, 1968.

§12578.  Exceptions to instructions  Copies to parties.

A party excepting to the giving of instructions, or the refusal thereof, shall not be required to file a formal bill of exceptions; but it shall be sufficient to make objection thereto by dictating into the record in open court, out of the hearing of the jury, after the reading of all instructions, the number of the particular instruction that was requested, refused and is excepted to, or the number of the particular instruction given by the court that is excepted to.  Provided, further, that the court shall furnish copies of the instructions to the plaintiff and defendant prior to the time said instructions are given by the court.

R.L. 1910, § 5003.  Amended by Laws 1969, c. 140, § 1, emerg. eff. April 9, 1969.

§12579.  View by jury.

Whenever, in the opinion of the court, it is proper for the jury to have a view of the property which is the subject of litigation, or of the place in which any material fact occurred, it may order, them to be conducted, in a body, under the charge of an officer, to the place, which shall be shown to them by some person appointed by the court for that purpose.  While the jury are thus absent, no person, other than the person so appointed, shall speak to them on any subject connected with the trial.

R.L. 1910, § 5004.

§12580.  Jury may decide in court or retire  Keeping together  Communications to jury or concerning deliberations.

When the case is finally submitted to the jury, they may decide in court or retire for deliberation.  If they retire, they must be kept together, in some convenient place, under charge of an officer, until they agree upon a verdict or be discharged by the court, subject to the discretion of the court, to permit them to separate temporarily at night, and at their meals.  The officer having them under his charge shall not suffer any communication to be made to them, or make any himself, except to ask them if they are agreed upon their verdict, unless by order of the court; and he shall not, before their verdict is rendered, communicate to any person the state of their deliberations, or the verdict agreed upon.

R.L. 1910, § 5005.

§12581.  Admonition of jury on separation.

If the jury are permitted to separate, either during the trial or after the case is submitted to them, they shall be admonished by the court that it is their duty not to converse with, or suffer themselves to be addressed by, any other person, on any subject of the trial, and that it is their duty not to form or express an opinion thereon, until the case is finally submitted to them.

R.L. 1910, § 5006.

§12582.  Information after retirement.

After the jury have retired for deliberation, if there be a disagreement between them as to any part of the testimony, or if they desire to be informed as to any part of the law arising in the case, they may request the officer to conduct them to the court, where the information on the point of law shall be given in writing, and the court may give its recollections as to the testimony on the point in dispute, or cause the same to be read by the stenographer in the presence of, or after notice to, the parties or their counsel.

R.L. 1910, § 5007.

§12583.  Discharged, when.

The jury may be discharged by the court on account of the sickness of a juror, or other accident or calamity requiring their discharge, or by consent of both parties, or after they have been kept together until it satisfactorily appears to the court that there is no probability of their agreeing.

R.L. 1910, § 5008.

§12584.  Retrial.

In all cases where the jury are discharged during the trial, or after the cause is submitted to them, it may be tried again immediately, or at a future time, as the court may direct.

R.L. 1910, § 5009.

§12585.  Delivery of verdict.

When the jury have agreed upon their verdict they must be conducted into court, their names called by the clerk, and their verdict rendered by their foreman.  When the verdict is announced, either party may require the jury to be polled, which is done by the clerk or the court asking each juror if it is his verdict.  If any one answers in the negative, the jury must again be sent out, for further deliberation.

R.L. 1910, § 5010.

§12586.  Requisites of verdicts  Reading and inquiry by clerk  Correction of defects in form.

The verdict shall be written, signed by the foreman and read by the clerk to the jury, and the inquiry made whether it is their verdict.  If any juror disagrees, the jury must be sent out again; but if no disagreement be expressed, and neither party requires the jury to be polled, the verdict is complete and the jury discharged from the case.  If, however, the verdict be defective in form only, the same may, with the assent of the jury, before they are discharged, be corrected by the court.

R.L. 1910, § 5011.

§12587.  General and special verdict.

The verdict of a jury is either general or special.  A general verdict is that by which they pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant.  A special verdict is that by which the jury finds facts only.  It must present the facts as established by the evidence, and not the evidence to prove them; and they must be so presented as that nothing remains to the court but to draw from them conclusions of law.

R.L. 1910, § 5012.

§12588.  General and special findings.

In all cases the jury shall render a general verdict, and the court may in any case at the request of the parties thereto, or either of them, in addition to the general verdict, direct the jury to find upon particular questions of fact, to be stated in writing by the party or parties requesting the same.

R.L. 1910, § 5013.

§12589.  When special finding inconsistent with general verdict.

When the special finding of facts is inconsistent with the general verdict, the former controls the latter and the court may give judgment accordingly.

R.L. 1910, § 5014.

§12590.  Jury must assess amount of recovery.

When, by the verdict either party is entitled to recover money of the adverse party the jury, in their verdict, must assess the amount of recovery.

R.L. 1910, § 5015.

§12591.  Waiver of jury.

The trial by jury may be waived by the parties, in actions arising on contract, and with the assent of the court in other actions, in the following manner:  By the consent of the party appearing, when the other party fails to appear at the trial by himself or attorney.  By written consent, in person or by attorney, filed with the clerk.  By oral consent, in open court, entered on the journal.

R.L. 1910, § 5016.

§12609.  Impeachment by Evidence of Conviction of Crime.

A.  For the purpose of attacking the credibility of a witness, evidence that he has been convicted of a crime shall be admitted if elicited from him or established by public record during crossexamination but only if the crime:

1.  Involved dishonesty or false statement, regardless of the punishment; or

2.  Was punishable by death or imprisonment in excess of one (1) year, and the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the detriment of the defendent.

B.  Evidence of a conviction under this section is not admissible if a period of more than ten (10) years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for that conviction, whichever is later, unless the court determines, in the interests of justice, that the probative value of the conviction supported by specific facts and circumstances substantially outweighs its prejudicial effect. Evidence of a conviction more than ten (10) years old, as calculated herein, is not admissible unless the proponent gives to the adverse party sufficient advance written notice of intent to use such evidence to provide the adverse party with a fair opportunity to contest the use of such evidence.

C.  Evidence of a conviction is not admissible under this Code if:

1.  The conviction has been the subject of a pardon, annulment, certificate of rehabilitation or other equivalent procedure based on a finding of the rehabilitation of the person convicted, and that person has not been convicted of a subsequent crime which was punishable by death or imprisonment in excess of one (1) year; or

2.  The conviction has been the subject of a pardon, annulment or other equivalent procedure based on a finding of innocence.

D.  Evidence of juvenile adjudications is not admissible under this Code.

The court in a criminal case may, however, allow evidence of a juvenile adjudication of a witness other than the accused if conviction of the offense would be admissible to attack the credibility of an adult and the court is satisfied that admission in evidence is necessary for a fair determination of the issue of guilt or innocence.

E.  The pendency of an appeal from the conviction does not render evidence of that conviction inadmissible.  Evidence of the pendency of an appeal is admissible.

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

Upon the trial of questions of fact by the court, it shall not be necessary for the court to state its findings, except generally, for the plaintiff or defendant, unless one of the parties request it, with the view of excepting to the decision of the court upon the questions of law involved in the trial; in which case the court shall state, in writing, the findings of fact found, separately from the conclusions of law.

R.L. 1910, § 5017.  Amended by Laws 1990, c. 251, § 9, eff. Jan. 1, 1991; Laws 1991, c. 251, § 4, eff. June 1, 1991.

§12612.  Reference of issues by consent of parties.

All or any of the issues in the action, whether of fact or of law, or both, may be referred, upon the written consent of the parties, or upon their oral consent in court, entered upon the journal.

R.L. 1910, § 5018.

§12613.  Reference by court, when.

When the parties do not consent, the court may, upon the application of either, or of its own motion, direct a reference in either of the following cases:  Where the trial of an issue of fact shall require the examination of mutual accounts, or when the account is on one side only, and it shall be made to appear to the court that it is necessary that the party on the other side should be examined as a witness to prove the account; in which case the referees may be directed to hear and report upon the whole issue, or upon any specific question of fact involved therein; or where the taking of an account shall be necessary for the information of the court before judgment, in cases which may be determined by the court, or for carrying a judgment into effect, or where a question of fact other than upon the pleadings, shall arise, upon motion or otherwise, in any stage of an action.

R.L. 1910, § 5019.

§12614.  Trial before referee  Report.

A trial before referees is conducted in the same manner as a trial by the court.  They have the same power as the court to summon and enforce the attendance of witnesses, to administer all necessary oaths in the trial of the case, and to grant adjournments, upon such trial.  They must state the facts found and the conclusions of law separately, and their decisions must be given, and may be excepted to and reviewed in like manner.  The report of the referees upon the whole issue stands as the decision of the court, and judgment may be entered thereon in the same manner as if the action had been tried by the court.  When the referee is to report the facts, the report has the effect of a special verdict.

R.L. 1910, § 5020.

§12615.  Appointment of referee.

In all cases of reference, the parties, except when an infant may be a party, may agree upon a suitable person or persons, not exceeding three, and the reference shall be ordered accordingly; and if the parties do not agree, the court shall appoint one or more referees, not exceeding three, who shall be free from exception.

R.L. 1910, § 5021.

§12616.  Exceptions  Signature and return with report.

It shall be the duty of the referees to sign any true exceptions taken to any order or decision by them made in the case, and return the same, with their report, to the court making the reference.

R.L. 1910, § 5022.

§12617.  Reference in vacation.

A judge, in vacation, upon the written consent of the parties, may make an order of reference which the court of which he is a member could make in term time.  In such case, the order of reference shall be made on the written agreement of the parties to refer, and shall be filed with the clerk of the court, with the other papers in the case.

R.L. 1910, § 5023.

§12618.  Oath of referee.

The referees must be sworn or affirmed well and faithfully to hear and examine the cause, and to make a just and true report therein, according to the best of their understanding.  The oath may be administered by any person authorized to take depositions.

R.L. 1910, § 5024.

§12619.  Compensation.

The referees shall be allowed such compensation for their services as the court may deem just and proper, which shall be taxed as part of the costs in the case.

R.L. 1910, § 5025.

§12620.  Reference by district or superior court  Report and transcript  Filing.

In all actions referred to a referee by the district or superior court, with directions to make findings of fact and conclusions of law and to report the evidence to the court, the referee must file a written report of his findings of fact and conclusions of law and the transcript of the testimony with the clerk of the court.

Added by Laws 1941, p. 35, § 1.

§12621.  Notice before filing report.

The referee must give at least four (4) days written notice to each attorney of record in the action that he will file his report with the clerk of the court on a day certain.

Added by Laws 1941, p. 35, § 2.

§12622.  Objections to report.

Any party to the action desiring to except to the reports of the referee or any portion thereof, shall file his written objections thereto with the clerk of the court within ten (10) days after the referee shall have filed his report.

Added by Laws 1941, p. 35, § 3.  Amended by Laws 1963, c. 292, § 1.

§12-623.  Repealed by Laws 1968, c. 395, § 2.

§12624.  Appeal as provided in code of civil procedure.

An appeal shall be had and perfected in the same manner and time as provided in the code of civil procedure from any final judgment of the district or superior court.

Added by Laws 1941, p. 35, § 5.

§12630.  Formal exceptions unnecessary  What acts sufficient.

Formal exceptions to rulings or orders of the court shall not be necessary; but for all purposes for which an exception has heretofore been necessary at the trial of a cause it shall be sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take or his objection to the action of the court and his grounds therefor.

Added by Laws 1951, p. 25, § 1.

§12631.  Exception defined.

An exception is an objection taken to a decision of the court or judge upon a matter of law.

R.L. 1910, § 5026.

§12-632.  Repealed by Laws 1961, p. 64, § 1.

§12-633.  Repealed by Laws 1961, p. 64, § 1.

§12-634.  Repealed by Laws 1961, p. 64, § 1.

§12-635.  Repealed by Laws 1961, p. 64, § 1.

§12636.  Immaterial exception.

No exception shall be regarded, unless it is material and prejudicial to the substantial rights of the party excepting.

R.L. 1910, § 5031.

§12637.  Exceptions may be withdrawn.

Exceptions taken to the decision of any court of record may, by leave of such court, be withdrawn from the files by the party taking the same, at any time before the proceedings in error are commenced.

R.L. 1910, § 5032.

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

A new trial is a reexamination in the same court, of an issue of fact or of law or both, after a verdict by a jury, the approval of the report of a referee, or a decision by the court.  The former verdict, report, or decision shall be vacated, and a new trial granted, on the application of the party aggrieved, for any of the following causes, affecting materially the substantial rights of the party:

1.  Irregularity in the proceedings of the court, jury, referee, or prevailing party, or any order of the court or referee, or abuse of discretion, by which the party was prevented from having a fair trial;

2.  Misconduct of the jury or a prevailing party;

3.  Accident or surprise, which ordinary prudence could not have guarded against;

4.  Excessive or inadequate damages, appearing to have been given under the influence of passion or prejudice;

5.  Error in the assessment of the amount of recovery, whether too large or too small, where the action is upon a contract, or for the injury or detention of property;

6.  That the verdict, report, or decision is not sustained by sufficient evidence, or is contrary to law;

7.  Newly discovered evidence, material for the party applying, which could not, with reasonable diligence, have been discovered and produced at the trial;

8.  Error of law occurring at the trial, and objected to by the party making the application; or

9.  When, without fault of the complaining party, it becomes impossible to prepare a record for an appeal.

R.L. 1910, § 5033.  Amended by Laws 1953, p. 53, § 1; Laws 1963, c. 239, § 1, emerg. eff. June 13, 1963; Laws 1999, c. 293, § 3, eff. Nov. 1, 1999.

§12-652.  Repealed by Laws 1953, p. 54, § 2.

§12-653.  Time of application.

A.  Unless unavoidably prevented, an application for a new trial by motion, if made, must be filed not later than ten (10) days after the judgment, decree or appealable order prepared in conformance with Section 696.3 of this title has been filed.  More than ten (10) days after the judgment, decree, or appealable order which conforms with Section 696.3 of this title has been filed, an application for a new trial by petition may be filed in conformance with the provisions of Section 655 of this title.

B.  If the moving party did not prepare the judgment, decree, or appealable order, and Section 696.2 of this title required a copy of the judgment, decree, or appealable order to be mailed to the moving party, and the court records do not reflect the mailing of a copy of the judgment, decree, or appealable order to the moving party within three (3) days, exclusive of weekends and holidays, after the filing of the judgment, decree, or appealable order, the motion for new trial may be filed no later than ten (10) days after the earliest date on which the court records show that a copy of the judgment, decree, or appealable order was mailed to the moving party.

C.  A motion for new trial filed after the announcement of the decision on all issues in the case but before the filing of the judgment or decree shall be deemed filed immediately after the filing of the judgment or decree.

R.L. 1910, § 5035.  Amended by Laws 1953, p. 54, § 1; Laws 1990, c. 251, § 10, eff. Jan. 1, 1991; Laws 1991, c. 251, § 5, eff. June 1, 1991; Laws 1993, c. 351, § 8, eff. Oct. 1, 1993; Laws 1994, c. 343, § 1, eff. Sept. 1, 1994; Laws 1997, c. 102, § 1, eff. May 1, 1997; Laws 1999, c. 293, § 4, eff. Nov. 1, 1999.

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

A.  The application for a new trial by motion must be upon written grounds filed at the time of making the motion.

B.  The application for a new trial by petition must be filed in conformance with Section 655 of this title.  The causes enumerated in paragraphs 2, 3, 7, and 9 of Section 651 of this title must be sustained by affidavits, showing their truth, and may be controverted by affidavits.

R.L. 1910, § 5036.  Amended by Laws 1999, c. 293, § 5, eff. Nov. 1, 1999.

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

Where the grounds for a new trial could not with reasonable diligence have been discovered before but are discovered more than ten (10) days after the judgment, decree, or appealable order was filed, or where the impossibility of preparing a record for an appeal, without fault of the complaining party, arose more than ten (10) days after the judgment, decree, or appealable order was filed, the application may be made by petition filed in the original case, as in other cases, within thirty (30) days after such discovery or occurrence; on which a summons shall issue, be returnable and served, or publication made, as in the beginning of civil actions, or service may be made on the attorney of record in the original case.  The facts stated in the petition shall be considered as denied without answer, and the case shall be heard and summarily decided after the expiration of twenty (20) days from the date of service and not more than sixty (60) days after service, and the witnesses shall be examined in open court, or their depositions taken as in other cases; but no petition shall be filed more than one (1) year after the filing of the final judgment.

R.L. 1910, § 5037.  Amended by Laws 1969, c. 304, § 2, emerg. eff. April 28, 1969; Laws 1990, c. 251, § 11, eff. Jan. 1, 1991; Laws 1999, c. 293, § 6, eff. Nov. 1, 1999.

§12661.  Amount of damages recoverable.

Whenever damages are recoverable, the plaintiff may claim and recover any rate of damages to which he may be entitled for the cause of action established.

R.L. 1910, § 5038.

§12662.  Provisions applicable to trials by court.

The provisions of this article respecting trials by jury apply, so far as they are in their nature applicable, to trials by the court.

R.L. 1910, § 5039.

§12663.  Trial docket.

A trial docket shall be made out by the clerk of court, at least twelve (12) days before the first day of each term of the court, and the actions shall be set for particular days in the order prescribed by the judge of the court, and so arranged that the cases set for each day shall be considered as nearly as may be on that day.

R.L. 1910, § 5040.

§12664.  Trial docket for bar.

The clerk shall make out a copy of the trial docket for the use of the bar, before the first day of the term of court and cause the same to be printed.

R.L. 1910, § 5041.

§12665.  Order of trial of cases docketed.

The trial of an issue of fact, and the assessment of damages in any case, shall be in the order in which they are placed on the trial docket, unless by the consent of the parties or the order of the court they are continued or placed at the heel of the docket, unless the court, in its discretion, shall otherwise direct.  The court may, in its discretion, hear at any time a motion, and may by rule prescribe the time for hearing motions.

R.L. 1910, § 5042.

§12666.  Time of trial.

Actions shall be triable at the first term of court, after or during which the issues therein, by the time fixed for pleading are, or shall have been made up.  When the issues are made up, or when the defendant has failed to plead within the time fixed, the cause shall be placed on the trial docket, and if it be a trial case shall stand for trial at such term ten (10) days after the issues are made up, and shall, in case of default stand for trial forthwith.  When any demurrer shall be adjudged to be frivolous the cause shall stand for hearing or trial in like manner as if an issue of fact had been joined in the first instance.

R.L. 1910, § 5043.

§12667.  Continuances  Power to grant  Costs  Continuances and appeals when member of Legislature is party or attorney.

The court may, for good cause shown, continue an action at any stage of the proceedings upon terms as may be just; provided, that if a party or his attorney of record is serving as a member of the Legislature or the Senate, sitting as a court of impeachment, or within thirty (30) days after an adjournment of a session of the Legislature, such fact shall constitute cause for continuance of the case, and it is mandatory that the court shall grant such continuance upon motion whether such attorney may have been employed before or during the session of the Legislature, and the court shall have no power to exercise its discretion as to the granting of such continuance, and all motions, demurrers and preliminary matters to be heard by the court, the refusal to grant which shall constitute error, and entitle such party to a new trial as a matter of right.  When a continuance is granted on account of the absence of evidence, it shall be at the cost of the party making the application unless the court otherwise order.  And when any litigant has given notice of appeal from any judgment of any court of record in this state to the Supreme Court or Criminal Court of Appeals and the time for doing any act to perfect such appeal has, or does hereafter lapse during the session of the Legislature, whether regular or special, and the said litigant is a member of the Senate or House of Representatives, of the State of Oklahoma, in such session, or his attorney of record is such member, such litigant or attorney shall have such time after the adjournment of the session of the Legislature to perform such act and complete his appeal as he had at the commencement of the session of the Legislature, of which he or his attorney of record was a member, and all acts done in the perfection of such appeals shall be as valid as if done within the time provided.

R.L. 1910, § 5044.  Amended by Laws 1915, c. 236, p. 556, § 1; Laws 1919, c. 263, p. 374, § 1; Laws 1935, p. 2, § 1; Laws 1937, p. 1, § 1; Laws 1955, p. 134, § 1.

§12668.  Affidavit for continuance.

A motion for a continuance, on account of the absence of evidence, can be made only upon affidavit, showing the materiality of the evidence expected to be obtained, and that due diligence has been used to obtain it, and where the evidence may be; and if it is for an absent witness, the affidavit must show where the witness resides, if his residence is known to the party, and the probability of procuring his testimony within a reasonable time, and what facts he believes the witness will prove, and that he believes them to be true.  If thereupon, the adverse party will consent that on the trial the facts, alleged in the affidavit shall be read and treated as the deposition of the absent witness, or that the facts in relation to other evidence shall be taken as proved to the extent alleged in the affidavit, no continuance shall be granted on the ground of the absence of such evidence.

R.L. 1910, § 5045.

§12681.  Judgment defined.

A judgment is the final determination of the rights of the parties in an action.

R.L. 1910, § 5123.

§12682.  Given for or against whom  Dismissal of petition.

Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; it may determine the ultimate rights of the parties on either side, as between themselves, and it may grant to the defendant any affirmative relief to which he may be entitled.  In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others whenever a several judgment may be proper.  The court may also dismiss the petition with costs, in favor of one or more defendants, in case of unreasonable neglect on the part of the plaintiff to serve the summons on other defendants, or proceed in the cause against the defendant or defendants served.

R.L. 1910, § 5124.

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

Except as provided in Section 5 of this act, an action may be dismissed, without prejudice to a future action:

1.  By the plaintiff, before the final submission of the case to the jury, or to the court, where the trial is by the court;

2.  By the court, where the plaintiff fails to appear on the trial;

3.  By the court, for the want of necessary parties;

4.  By the court, on the application of some of the defendants, where there are others whom the plaintiff fails to prosecute with diligence;

5.  By the court, for disobedience by the plaintiff of an order concerning the proceedings in the action; and

6.  In all other cases, upon the trial of the action, the decision must be upon the merits.

R.L. 1910, § 5125.  Amended by Laws 2004, c. 368, § 3, eff. Nov. 1, 2004.

§12-684.  Dismissal without order of court.

A.  Except as provided in Section 5 of this act, an action may be dismissed on the payment of costs and without an order of court by the plaintiff at any time before a petition of intervention or answer praying for affirmative relief against the plaintiff is filed in the action.  A plaintiff may, at any time before the trial is commenced, on payment of the costs and without any order of court, dismiss the action after the filing of a petition of intervention or answer praying for affirmative relief, but such dismissal shall not prejudice the right of the intervenor or defendant to proceed with the action.  Any defendant or intervenor may, in like manner, dismiss an action against the plaintiff, without an order of court, at any time before the trial is begun, on payment of the costs made on the claim filed by the defendant or intervenor.  All parties to a civil action may at any time before trial, without an order of court, and on payment of costs, by agreement, dismiss the action.

B.  Such dismissal shall be in writing and signed by the party or the attorney for the party, and shall be filed with the clerk of the district court where the action is pending, who shall note the fact on the proper record: Provided, such dismissal shall be held to be without prejudice, unless the words "with prejudice" be expressed therein.

C.  When an action is dismissed after a jury in the action is empanelled and the case is subsequently refiled, the court, at the conclusion of the subsequent action, may assess costs and attorney fees incurred in the previous action by the defendants subsequent to the jury being empanelled.

R.L. 1910, § 5126.  Amended by Laws 2004, c. 368, § 4, eff. Nov. 1, 2004.

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

A.  A medical liability action brought pursuant to the Affordable Access to Health Care Act shall only be dismissed, on the payment of costs and without an order of court:

1.  By the plaintiff, before the later of the completion of discovery or the court's ruling on a motion for summary judgment;

2.  By the plaintiff at any time before a petition for intervention or answer praying for affirmative relief against the plaintiff is filed in the action.  The plaintiff may, at any time before the trial is commenced, on payment of the costs and without any order of the court, dismiss the action after the filing of a petition for intervention or answer praying for affirmative relief, but such dismissal shall not prejudice the right of the intervenor or defendant to proceed with the action.  Any defendant or intervenor may, in like manner, dismiss an action against the plaintiff, without an order of the court, at any time before the trial has begun, on payment of costs made on the claim filed by the defendant or intervenor; or

3.  By agreement of all parties to a civil action at any time before trial.

B.  Such dismissal shall be in writing and signed by the party or the attorney for the party, and shall be filed with the clerk of the district court where the action is pending, who shall note the fact on the proper record.  Provided, such dismissal shall be held to be without prejudice, unless the words "with prejudice" be expressed therein.

C.  If the court finds that a party has acted in bad faith, vexatiously, wantonly or in an oppressive manner in dismissing an action under this section, the court, pursuant to subsection A of this section, may award reasonable costs against the party and condition the refiling of the case upon payment of the costs.

Added by Laws 2004, c. 368, § 5, eff. Nov. 1, 2004.

§12-685.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12686.  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  Deficiency judgments.

In actions to enforce a mortgage, deed of trust, or other lien or charge, a personal judgment or judgment or judgments shall be rendered for the amount or amounts due as well to the plaintiff as other parties to the action having liens upon the mortgaged premises by mortgage or otherwise, with interest thereon, and for sale of the property charged and the application of the proceeds; or such application may be reserved for the future order of the court, and the court shall tax the costs, attorney's fees and expenses which may accrue in the action, and apportion the same among the parties according to their respective interests, to be collected on the order of sale or sales issued thereon; when the same mortgage embraces separate tracts of land situated in two or more counties, the sheriff of each county shall make sale of the lands situated in the county of which he is sheriff.  No real estate shall be sold for the payment of any money or the performance of any contract or agreement in writing, in security for which it may have been pledged or assigned, except in pursuance of a judgment of a court of competent jurisdiction ordering such sale.  The court may, in the order confirming a sale of land under order of sale on foreclosure or upon execution, award or order the issuance of a writ of assistance by the clerk of the court to the sheriff of the county where the land is situated, to place the purchaser in full possession of such land, and any resistance of the service of such writ of assistance shall constitute an indirect contempt of the process of such court, and if any person who has been removed from any lands by process of law or writ of assistance or who has removed from any lands pursuant to law or adjudication or direction of any court, tribunal or officer, afterwards, without authority of law, returns to settle or reside upon such land, he shall be guilty of an indirect contempt of court, and may be proceeded against and punished for such contempt.  Notwithstanding the above provisions no judgment shall be enforced for any residue of the debt remaining unsatisfied as prescribed by this act after the mortgaged property shall have been sold, except as herein provided.  Simultaneously with the making of a motion for an order confirming the sale or in any event within ninety (90) days after the date of the sale, the party to whom such residue shall be owing may make a motion in the action for leave to enter a deficiency judgment upon notice to the party against whom such judgment is sought or the attorney who shall have appeared for such party in such action.  Such notice shall be served personally or in such other manner as the court may direct.  Upon such motion the court, whether or not the respondent appears, shall determine, upon affidavit or otherwise as it shall direct, the fair and reasonable market value of the mortgaged premises as of the date of sale or such nearest earlier date as there shall have been any market value thereof and shall make an order directing the entry of a deficiency judgment.  Such deficiency judgment shall be for an amount equal to the sum of the amount owing by the party liable as determined by the judgment with interest, plus costs and disbursements of the action plus the amount owing on all prior liens and encumbrances with interest, less the market value as determined by the court or the sale price of the property whichever shall be the higher.  If no motion for a deficiency judgment shall be made as herein prescribed the proceeds of the sale regardless of amount shall be deemed to be in full satisfaction of the mortgage debt and no right to recover any deficiency in any action or proceeding shall exist.

In any action pending at the time this act becomes effective or thereafter commenced, other than an action to foreclose a mortgage, to recover a judgment for any indebtedness secured by a mortgage on real property and which originated simultaneously with such mortgage and which is secured solely by such mortgage, against any person or corporation directly or indirectly or contingently liable therefor, any party against whom a money judgment is demanded, shall be entitled to set off the fair and reasonable market value of the mortgaged property less the amounts owing on prior liens and encumbrances.  Provided that nothing in this section shall limit or reduce any deficiency judgment in favor of or in behalf of the state for any debts, obligations or taxes due the state, now or hereafter.

R.L. 1910, § 5128.  Amended by Laws 1915, c. 175, § 1; Laws 1941, p. 35, § 1.

§12687.  Judgment for conveyance, release or acquittance  Sheriff may execute when party fails to do so.

When a judgment shall be rendered for a conveyance, release or acquittance, in any court of this state, and the party against whom the judgment shall be rendered does not comply therewith by the time appointed, such judgment shall have the same operation and effect, and be as available, as if the conveyance, release or acquittance had been executed conformably to such judgment; or the court may order such conveyance, release or acquittance to be executed in the first instance by the sheriff; and such conveyance, release or acquittance, so executed, shall have the same effect as if executed by the party against whom the judgment was rendered.

R.L. 1910, § 5129.

§12688.  Taking account or proof or assessment of damages on default or decision of issue of law.

If the taking of an account, or the proof of a fact, or the assessment of damages, be necessary to enable the court to pronounce judgment upon a failure to answer, or after a decision of an issue of law the court may, with the assent of the party not in default, take the account, hear the proof, or assess the damages; or may, with the like assent, refer the same to a referee or master commissioner, or may direct the same to be ascertained or assessed by a jury.  If a jury be ordered, it shall be on or after the day on which the action is set for trial.

R.L. 1910, § 5130.

§12689.  Judgment by confession.

Any person indebted, or against whom a cause of action exists, may personally appear in a court of competent jurisdiction, and, with the assent of the creditor or person having such cause of action, confess judgment therefor; whereupon judgment shall be entered accordingly.

R.L. 1910, § 5131.

§12-690.  Repealed by Laws 1999, c. 293, § 28, eff. Nov. 1, 1999.

§12-691.  Repealed by Laws 1999, c. 293, § 28, eff. Nov. 1, 1999.

§12-692.  Repealed by Laws 1999, c. 293, § 28, eff. Nov. 1, 1999.

§12-693.  Repealed by Laws 1999, c. 293, § 28, eff. Nov. 1, 1999.

§12-694.  Repealed by Laws 1999, c. 293, § 28, eff. Nov. 1, 1999.

§12-695.  Repealed by Laws 1999, c. 293, § 28, eff. Nov. 1, 1999.

§12-696.  Repealed by Laws 1990, c. 251, § 20, eff. Jan. 1, 1991.

§12-696.1.  Repealed by Laws 1993, c. 351, § 29, eff. Oct. 1, 1993.

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

A.  After the granting of a judgment, decree or appealable order, it shall be reduced to writing in conformance with Section 696.3 of this title, signed by the court, and filed with the court clerk.  The court may direct counsel for any party to the action to prepare a draft for the signature of the court, in which event, the court may prescribe procedures for the preparation and timely filing of the judgment, decree or appealable order, including, but not limited to, the time within which it is to be submitted to the court.  If a written judgment, decree or appealable order is not submitted to the court by the party directed to do so within the time prescribed by the court, then any other party may reduce it to writing and submit it to the court.

B.  A file-stamped copy of every judgment, decree, or appealable order shall be mailed to all parties who are not in default for failure to appear in the action by the counsel for a party or party who prepared it, or by a person designated by the trial court, promptly and no later than three (3) days after it is filed.  The mailing shall be done in the manner provided in Section 2005 of Title 12 of the Oklahoma Statutes for the service of papers, and a certificate of service must be filed with the court clerk.  If the judgment, decree or appealable order was prepared by the court, the court may direct a bailiff, court clerk or party to perform the mailing and certificate of service required by this subsection.

C.  In any probate, guardianship, or conservatorship proceeding commenced on or after October 1, 1996, where a party, heir, devisee, legatee, or other interested party or representative of a party has received notice of a hearing which resulted in the issuance of a judgment, decree, or appealable order and did not file an entry of appearance, no further mailing of any judgment, decree, or appealable order shall be required to be sent to such party, heir, devisee, legatee, or other interested party or representative of a party, unless otherwise specifically required by law.  No certificate of mailing shall be required to be filed where no party, heir, devisee, legatee, or other interested party, or representative of a party has filed an entry of appearance.

D.  The filing with the court clerk of a written judgment, decree or appealable order, prepared in conformance with Section 696.3 of this title and signed by the court, shall be a jurisdictional prerequisite to the commencement of an appeal.  The following shall not constitute a judgment, decree or appealable order:  A minute entry; verdict; informal statement of the proceedings and relief awarded, including, but not limited to, a letter to a party or parties indicating the ruling or instructions for preparing the judgment, decree or appealable order.

E.  A judgment, decree or appealable order, whether interlocutory or final, shall not be enforceable in whole or in part unless or until it is signed by the court and filed; except that the adjudication of any issue shall be enforceable when pronounced by the court in the following actions:  divorce; separate maintenance; annulment; post-decree matrimonial proceedings; paternity; custody; adoption; termination of parental rights; mental health; guardianship; juvenile matters; habeas corpus proceedings; or proceedings for temporary restraining orders, temporary injunctions, permanent injunctions, conservatorship, probate proceedings, special executions in foreclosure actions, quiet title actions, partition proceedings or contempt citations.  The time for appeal shall not begin to run until a written judgment, decree or appealable order, prepared in conformance with Section 696.3 of this title, is filed with the court clerk, regardless of whether the judgment, decree, or appealable order is effective when pronounced or when it is filed.

F.  The preparation of orders, decisions and awards and the taking of appeals in workers' compensation cases shall be governed by the provisions of Title 85 of the Oklahoma Statutes.

Added by Laws 1993, c. 351, § 9, eff. Oct. 1, 1993.  Amended by Laws 1997, c. 102, § 2, eff. May 1, 1997; Laws 1997, c. 239, § 4, emerg. eff. May 23, 1997.

§12-696.3.  Contents of filed judgments, decrees and appealable orders - Clerk's endorsement - Mailing.

A.  Judgments, decrees and appealable orders that are filed with the clerk of the court shall contain:

1.  A caption setting forth the name of the court, the names and designation of the parties, the file number of the case and the title of the instrument;

2.  A statement of the disposition of the action, proceeding or motion, including a statement of the relief awarded to a party or parties and the liabilities and obligations imposed on the other party or parties, including the amount of any prejudgment interest;

3.  The signature and title of the court; and

4.  Any other matter approved by the court.

B.  Judgments, decrees and appealable orders that are filed with the clerk of the court may contain a statement of costs, attorney fees and interest other than prejudgment interest, or any of them, if they have been determined prior to the time the judgment, decree or appealable order is signed by the court in accordance with this section.

C.  The clerk shall endorse on the judgment, decree or appealable order the date it was filed and the name and title of the clerk.

D.  A file-stamped copy of the judgment, decree, or appealable order shall be mailed to all parties who are not in default for failure to appear in the action as provided in Section 696.2 of this title.

Added by Laws 1993, c. 351, § 10, eff. Oct. 1, 1993.  Amended by Laws 1997, c. 102, § 3, eff. May 1, 1997; Laws 2004, c. 181, § 1, eff. Nov. 1, 2004.

§12-696.4.  Costs and attorney fees.

A.  A judgment, decree or appealable order may provide for costs, attorney fees, or both of these items, but it need not include them.  The preparation and filing of the judgment, decree, or appealable order shall not be delayed pending the determination of these items.  Such items may be determined by the court if a timely request is made, regardless of whether a petition in error has been filed.

B.  If attorney fees or costs, including the amount of such attorney fees or costs have not been included in the judgment, decree or appealable order, a party seeking any of these items must file an application with the court clerk along with the proof of service of the application on all affected parties in accordance with Section 2005 of this title.  The application must set forth the amount requested and include information which supports that amount.  The application must be filed within thirty (30) days after the filing of the judgment, decree or appealable order unless a posttrial motion pursuant to subsection A of Section 990.2 of this title has been filed within ten (10) days after the filing of the judgment, decree, or appealable order.  If such a motion is filed within that time, the application for attorney fees, costs, or interest shall be filed within thirty (30) days after the date an order disposing of the posttrial motion is filed.  If the party filing the application did not prepare the judgment, decree, or appealable order, and Section 696.2 of this title required a copy of the judgment, decree, or appealable order to be mailed to the party filing application, and the court records do not reflect the mailing of a copy of the judgment, decree, or appealable order to the party filing the application within three (3) days, exclusive of weekends and holidays, after the filing of the judgment, decree, or appealable order, the application may be filed no later than thirty (30) days after the earliest date on which the court records show that a copy of the judgment, decree, appealable order, or order disposing of the posttrial motion was mailed to the party filing the application.  For good cause shown, the court may extend the time for filing the application upon motion filed within the time that the application could be filed.  Within fifteen (15) days after the application is filed with the court, any party may file written objections to it, with a copy to the moving party.

C.  Except as provided in Subsection D of this section, an application for attorney fees for services performed on appeal shall be made to the appellate court either in the applicant's brief on appeal or by separate motion filed any time before issuance of mandate.  If in the brief, the application shall be made in a separate portion that is specifically identified.  The application shall cite authority for awarding attorney fees but shall not include evidentiary material concerning their amount.  The appellate court shall decide whether to award attorney fees for services on appeal, and if fees are awarded, it shall remand the case to the trial court for a determination of their amount.  The trial court's order determining the amount of fees is an appealable order.

D.  If the right of a party to recover attorney fees depends upon a determination that the party has prevailed in an action, and if the prevailing party in the action cannot be determined from the decision of the appellate court, an application for attorney fees for services performed on appeal shall be made to the trial court in the manner and within the time provided in subsection B of this section.

Added by Laws 1993, c. 351, § 11, eff. Oct. 1, 1993.  Amended by Laws 1995, c. 253, § 1, eff. Nov. 1, 1995; Laws 1997, c. 102, § 4, eff. May 1, 1997; Laws 2002, c. 468, § 3, eff. Nov. 1, 2002; Laws 2004, c. 181, § 2, eff. Nov. 1, 2004.   

§12-697.  Repealed by Laws 1990, c. 251, § 20, eff. Jan. 1, 1991.

§12-697.1.  Repealed by Laws 1993, c. 351, § 29, eff. Oct. 1, 1993.

§12-698.  Judgment notwithstanding verdict.

When a motion for a directed verdict made at the close of all of the evidence should have been granted, the court shall, at the request of the moving party, grant judgment in the moving party's favor, although a verdict has been found against the moving party, but the court may order a new trial where it appears that the other party was prevented from proving a claim or defense by mistake, accident or surprise.  The motion for judgment notwithstanding the verdict, if made, must be filed not later than ten (10) days after the judgment, prepared in conformance with Section 696.3 of this title, is filed with the court clerk.  A motion for judgment notwithstanding the verdict may be joined with a motion for a new trial.  If the moving party did not prepare the judgment, and Section 696.2 of this title required a copy of the judgment to be mailed to the moving party, and the court records do not reflect the mailing of a copy of the judgment to the moving party within three (3) days, exclusive of weekends and holidays, after the filing of the judgment, the motion for judgment notwithstanding the verdict may be filed no later than ten (10) days after the earliest date on which the court records show that a copy of the judgment was mailed to the moving party.  A motion for judgment notwithstanding the verdict filed after the announcement of the verdict but before the filing of the judgment shall be deemed filed immediately after the filing of the judgment or decree.

R.L. 1910, § 5140.  Amended by Laws 1961, p. 64, § 1; Laws 1990, c. 251, § 12, eff. Jan. 1, 1991; Laws 1991, c. 251, § 8, eff. June 1, 1991; Laws 1993, c. 351, § 12, eff. Oct. 1, 1993; Laws 1994, c. 343, § 2, eff. Sept. 1, 1994; Laws 1997, c. 102, § 5, eff. May 1, 1997.

§12-699.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12700.  Judgment against infant  Right of infant to show cause against judgment one year after reaching majority.

It shall not be necessary to reserve in a judgment or order the right of a minor to show cause against him after his attaining full age; but in any case in which, but for this section, such reservation would have been proper, the minor, within one (1) year after arriving at the age of eighteen (18) years, may show cause against such order or judgment.

R.L. 1910, § 5142.  Amended by Laws 1973, c. 14, § 1, eff. Oct. 1, 1973.

§12-701.  Repealed by Laws 1971, c. 245, § 3, eff. Oct. 1, 1971.

§12-702.  Repealed by Laws 1972, c. 119, § 4, emerg. eff. March 31, 1972.

§12-703.  Repealed by Laws 1972, c. 119, § 4, emerg. eff. March 31, 1972.

§12-704.  Renumbered as Section 32.1 of this title by Laws 1972, c. 119, § 5, emerg. eff. March 31, 1972.

§12-705.  Renumbered as Section 32.2 of this title by Laws 1972, c. 119, § 5, emerg. eff. March 31, 1972.

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

A.  Scope.  This section applies to all judgments of courts of record of this state, and judgments of courts of record of the United States not subject to the registration procedures of the Uniform Federal Lien Registration Act, Section 3401 et seq. of Title 68 of the Oklahoma Statutes, which award the payment of money, regardless of whether such judgments also include other orders or relief.

B.  Creation of Lien.  A judgment to which this section applies shall be a lien on the real estate of the judgment debtor within a county only from and after a Statement of Judgment made by the judgment creditor or the judgment creditor's attorney, substantially in the form prescribed by the Administrative Director of the Courts, has been filed in the office of the county clerk in that county.

1.  Presentation of a Statement of Judgment and tender of the filing fee, shall, upon acceptance by the county clerk, constitute filing under this section.

2.  A lien created pursuant to this section shall affect and attach to all real property, including the homestead, of judgment debtors whose names appear in the Statement of Judgment; however, judgment liens on a homestead are exempt from forced sale pursuant to Section 1 of Title 31 of the Oklahoma Statutes and Section 2 of Article XII of the Oklahoma Constitution.

C.  Judgment Index.  A judgment index shall be kept by each county clerk in which the name of each person named as a judgment debtor in a Statement of Judgment filed with the county clerk shall appear in alphabetical order.

1.  It shall be the duty of the county clerk, immediately after the filing of the Statement of Judgment, to make in the judgment index a separate entry in alphabetical order of the name of each judgment debtor named therein, which entry shall also contain the name(s) of the judgment creditor(s), the name of the court which granted the judgment, the number and style of the case in which the judgment was filed, the amount of the judgment, including interest, costs and attorney's fees if shown on the Statement of Judgment, the date of the filing of the judgment with the court clerk of the court which granted it, and the date of filing of the Statement of Judgment with the county clerk.

2.  It shall also be the duty of the county clerk, immediately after the filing of a Release of Judgment Lien, to make a notation in each entry in the judgment index made when any Statement of Judgment was filed with respect to the judgment being released, of the date of filing of the Release with the county clerk, the name of the judgment creditor on whose behalf the Release is filed, and whether the Release states that it is only a partial Release.

D.  Execution of Judgment.  Execution shall be issued only from the court which granted the judgment being enforced.

E.  Release of Lien of Judgment.  The lien of a judgment upon the real estate of judgment debtor in any county, which has not become unenforceable by operation of law, is released only upon the filing in the office of the county clerk in that county of a Release of Judgment Lien, or a copy thereof certified by the court clerk of the court which granted the judgment.

1.  A judgment lien may be released, in whole or in part, by filing a Release of Judgment Lien with the county clerk by the judgment creditor or his or her attorney.

a. A Release of Judgment Lien shall either recite the name of the court which granted the judgment, the number and style of the case, the name of each judgment debtor with respect to whom the lien is being released, the name of each judgment creditor in favor of whom the lien was created, or otherwise adequately identify the judgment lien being released and the judgment debtor against whom the lien is indexed.  The Administrative Director of the Courts shall prescribe a form of Release of Judgment which may be used at the option of the judgment creditor.

b. If the release is only partial, it shall also contain a description of the lands then being released from the judgment lien or identify the particular judgment debtors, if less than all, with respect to whom the lien is then being released, or both, as the case may be.

c. A Release of Judgment Lien may also be filed with the court clerk of the court which granted the judgment but filing with the court clerk does not release any judgment lien created pursuant to this section.

2.  The lien of any judgment which has been satisfied by payment or otherwise discharged and which has not been released by the judgment creditor shall be released by the court upon written motion.

a. The motion shall be accompanied by an affidavit stating the grounds for the motion, and shall contain or be accompanied by a notice to the judgment creditor that, if the judgment creditor does not file with the court a response or objection to the motion within fifteen (15) days after the mailing of a copy of the motion to the judgment creditor, the court will order the judgment lien released.

b. A copy of the motion shall be mailed by certified mail by the party seeking release of the lien to the judgment creditor at the lastknown address of the judgment creditor, and to the attorney of record of the judgment creditor, if any.  There shall be attached to the filed motion, and to each copy of the motion to be mailed, a Certificate of Mailing showing to whom copies of the motion were mailed, the addresses to which they were mailed, and the date of mailing.

c. If the judgment creditor does not file a response or objection to the motion within fifteen (15) days after the mailing of a copy of the motion, the court shall order the judgment lien released.

d. When a judgment lien is ordered released by the court, the court shall cause a Release of Judgment Lien, in the form provided by the Administrative Director of the Courts, to be prepared.  Instructions shall be printed on such form advising the judgment debtor to file the Release in the office of the county clerk of the county in which the real estate is situated in order to obtain the release of the lien of the judgment upon the real estate of the judgment debtor in such county.

e. The party filing the motion for release shall pay all costs of the proceeding and any recording fees.

F.  Effect of Filing or Recording a Judgment.  The filing or recording of a judgment itself in the office of a county clerk on or after October 1, 1993, shall not be effective to create a general money judgment lien upon real estate, but a certified copy of a judgment may be recorded in such office for the purpose of giving notice of its contents whether or not recording is required by law.

G.  Acceptance by County Clerk.  The county clerk shall accept for filing and file any Statement of Judgment or Release of Judgment Lien without requiring any formalities of execution other than those provided in this section.

R.L. 1910, § 5148.  Amended by Laws 1931, p. 3, § 1; Laws 1943, p. 34, § 1, emerg. eff. April 13, 1943; Laws 1978, c. 138, § 1, eff. Oct. 1, 1978; Laws 1983, c. 56, § 1, eff. Nov. 1, 1983; Laws 1988, c. 102, § 1, eff. Nov. 1, 1988; Laws 1990, c. 251, § 19, eff. Jan. 1, 1991; Laws 1991, c. 251, § 9, eff. June 1, 1991; Laws 1993, c. 351, § 13, eff. Oct. 1, 1993; Laws 1997, c. 320, § 1, eff. Nov. 1, 1997.

§12-706.1.  Repealed by Laws 1981, c. 120, § 5.

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

In the event of an appeal from a money judgment granted by a court of this state, the lien of such judgment, and any lien by virtue of an attachment issued and levied in the action in which such judgment was granted, shall cease when the judgment debtor or debtors deposit with the clerk of the court in which such judgment was granted cash sufficient to cover the whole amount of the judgment, including interest, costs, and any attorney fees, together with costs and interest on the appeal.  This amount shall be determined by court order upon application of the judgment debtor indicating that such deposit is made to discharge the lien of the judgment and any lien by virtue of an attachment issued and levied in the action.  The cash deposit shall be accompanied by the statement of ownership required pursuant to Section 151.1 of Title 28 of the Oklahoma Statutes.

It shall be the duty of the judgment debtor to deliver the court order of deposit to the court clerk, department head or supervisor.  Upon receipt of such a cash deposit, statement of ownership and an order of the court directing deposit, it shall be the duty of the court clerk to immediately record receipt of the order and the amount of the cash deposit upon the appearance docket in the cause.  It also shall be the duty of the court clerk to place the cash deposit in the court clerk's official depository account and to hold the deposit in an interest-bearing account, unless otherwise ordered by the court, pending final determination of the action.  The court clerk shall mail notice of receipt of the cash deposit to counsel for the judgment creditor or, if the judgment creditor is not represented by counsel, to the judgment creditor at the lastknown address provided by the judgment debtor's application.  The notice shall contain a statement that, if the judgment creditor does not file with the court a response or objection to the cash deposit within twenty (20) days after the mailing of the notice to the judgment creditor, the judgment lien may be released.  This objection period shall not be extended because of mailing time or for intervening weekends or holidays.

If no objection is filed with the court by the judgment creditor within twenty (20) days after the mailing of the notice, the court clerk, upon request of the judgment debtor, shall prepare a Release of Judgment Lien for the judgment debtor on the form provided by the Administrative Director of the Courts.  Instructions shall be printed on the Release of Judgment Lien advising the judgment debtor to file the Release in the office of the county clerk of the county in which the real estate is situated.  The lien of the judgment upon real estate of the judgment debtor in a county shall be released when the Release of Judgment Lien is filed in the office of the county clerk of that county.  The judgment debtor making the deposit shall pay all costs and recording fees relating to the release procedure.

Upon final determination of the appeal, the court may order the deposit together with accrued interest to be applied to any final judgment granted against the depositor or depositors, and refund any balance in excess of the judgment to the depositor or depositors.  In the event judgment against the depositor or depositors is reversed in its entirety, the whole amount of the cash deposit together with accrued interest shall be refunded to the depositor or depositors.

A judgment debtor may also apply to the district court where the judgment was rendered for an order releasing a judgment lien to permit a particular transfer of property otherwise subject to the judgment lien on such terms as the court deems proper for the protection of the parties.  Such a release of judgment lien may be granted only upon notice to the judgment creditor and hearing, and if granted the court shall endeavor to fully protect the rights of the judgment creditor to the security otherwise afforded by the judgment lien, for example, by determining the adequacy of consideration for the property and directing that such consideration be deposited into the court registry as security for the judgment.

Added by Laws 1955, p. 135, § 1.  Amended by Laws 1983, c. 56, § 2, eff. Nov. 1, 1983; Laws 1993, c. 351, § 14, eff. Oct. 1, 1993; Laws 1995, c. 253, § 2, eff. Nov. 1, 1995; Laws 2004, c. 450, § 1, eff. Nov. 1, 2004.

§12706.3.  Additional cash deposits.

If during the appeal of a money judgment, money has been deposited by the judgment debtor pursuant to Section 706.2 of this title and the deposit has become insufficient, the judgment creditor may request the trial court to order the deposit of additional cash.  The request shall be in the form of a written motion which shall recite the facts which support the request.

If the court finds that the cash deposited is insufficient to cover the whole amount of the judgment, including interest, costs, and any attorneys fees, together with costs and interest on the appeal, the court shall order the deposit of additional cash.  If the additional cash is not deposited within a reasonable time set by the court, the judgment creditor may thereafter file a Statement of Judgment, which shall create a lien effective upon its filing with the county clerk as provided in Section 706 of this title, and may enforce the judgment against the property of the judgment debtor including the cash previously deposited with the court clerk.

Added by Laws 1955, p. 135, § 2.  Amended by Laws 1983, c. 56, § 3, eff. Nov. 1, 1983; Laws 1993, c. 351, § 15, eff. Oct. 1, 1993.

§12-706.4.  Repealed by Laws 1995, c. 253, § 8, eff. Nov. 1, 1995.

§12707.  Dismissal or default judgment against state  Necessity of proof of notice.

No order shall be made by any county, district or superior court in this state dismissing, for want of prosecution, any action now pending or hereafter filed, wherein the State of Oklahoma is an interested party and in which the Attorney General or any assistant Attorney General shall appear as attorney of record, for the state, nor shall any judgment by default against the State of Oklahoma be rendered by any such court in such action, unless proof is made (that the Attorney General or assistant Attorney General appearing as counsel for the state, shall have been notified) in writing by registered mail, at least ten (10) days prior to the date set for such trial or hearing that the action has been set for trial.

Added by Laws 1919, c. 45, p. 73, § 1, emerg. eff. April 3, 1919.

§12708.  Form and proof of notice  Fee.

A printed docket or other written notice, setting forth the style of the cause and the day that the same is set for trial or hearing, may be mailed, by registered mail, by the court clerk or opposing counsel, addressed to the Attorney General or the assistant Attorney General appearing as attorney of record for the State of Oklahoma, not less than ten (10) days prior to the date set for such trial or hearing, and the registry return of such notice shall be sufficient proof of the notice herein required.  The court clerk is authorized to tax up as cost for each notice given twentyfive cents ($0.25).

Added by Laws 1919, c. 45, p. 73, § 2, emerg. eff. April 3, 1919.

§12709.  Effect of violation.

All orders and judgments rendered in the absence of proof of the notice herein required and in violation of the provisions of this section shall be void, and the court shall on its own motion vacate and set aside same when the same is brought to its attention.

Added by Laws 1919, c. 45, p. 73, § 3, emerg. eff. April 3, 1919.

§12710.  Foreign moneyjudgments  Definitions.

As used in this act, (1) "foreign state" means any governmental unit other than the United States, or any state, district, commonwealth, territory, insular possession thereof, or the Panama Canal Zone, the Trust Territory of the Pacific Islands, or the Ryukyu Islands; (2) "foreign judgment" means any judgment of a foreign state granting or denying recovery of a sum of money, other than a judgment for taxes, a fine or other penalty, or a judgment for support in matrimonial or family matters.

Added by Laws 1965, c. 448, § 1.

§12711.  Applicability.

This act applies to any foreign judgment that is final and conclusive and enforceable where rendered even though an appeal therefrom is pending or it is subject to appeal.

Added by Laws 1965, c. 448, § 2.

§12712.  Recognition and enforcement.

Except as provided in Section 4, a foreign judgment meeting the requirements of Section 2 is conclusive between the parties to the extent that it grants or denies recovery of a sum of money.  The foreign judgment is enforceable in the same manner as the judgment of a sister state which is entitled to full faith and credit.

Added by Laws 1965, c. 448, § 3.

§12713.  Grounds for nonrecognition.

(a) A foreign judgment is not conclusive if

(1) The judgment was rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of law;

(2) The foreign court did not have personal jurisdiction over the defendant; or

(3) The foreign court did not have jurisdiction over the subject matter.

(b) A foreign judgment need not be recognized if

(1) The defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him to defend;

(2) The judgment was obtained by fraud;

(3) The cause of action on which the judgment is based is repugnant to the public policy of this state;

(4) The judgment conflicts with another final and conclusive judgment;

(5) The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be settled otherwise than by proceedings in that court; or

(6) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action.

Added by Laws 1965, c. 448, § 4.

§12714.  Personal jurisdiction.

(a) The foreign judgment shall not be refused recognition for lack of personal jurisdiction if

(1) The defendant was served personally in the foreign state;

(2) The defendant voluntarily appeared in the proceedings, other than for the purpose of protecting property seized or threatened with seizure in the proceedings or of contesting the jurisdiction of the court over him;

(3) The defendant prior to the commencement of the proceedings had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;

(4) The defendant was domiciled in the foreign state when the proceedings were instituted, or, being a body corporate had its principal place of business, was incorporated, or had otherwise acquired corporate status, in the foreign state;

(5) The defendant had a business office in the foreign state and the proceedings in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign state; or

(6) The defendant operated a motor vehicle or airplane in the foreign state and the proceedings involved a cause of action arising out of such operation.

(b) The courts of this state may recognize other bases of jurisdiction.

Added by Laws 1965, c. 448, § 5.

§12715.  Stay in case of appeal.

If the defendant satisfies the court either that an appeal is pending or that he is entitled and intends to appeal from the foreign judgment, the court may stay the proceedings until the appeal has been determined or until the expiration of a period of time sufficient to enable the defendant to prosecute the appeal.

Added by Laws 1965, c. 448, § 6.

§12716.  Saving clause.

This act does not prevent the recognition of a foreign judgment in situations not covered by this act.

Added by Laws 1965, c. 448, § 7.

§12717.  Construction.

This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

Added by Laws 1965, c. 448, § 8.

§12718.  Citation.

This act may be cited as the Uniform Foreign MoneyJudgments Recognition Act.

Added by Laws 1965, c. 448, § 9.

§12719.  Uniform Enforcement of Foreign Judgments Act.

This act may be cited as the Uniform Enforcement of Foreign Judgments Act.

Added by Laws 1968, c. 170, § 1, emerg. eff. April 15, 1968.

§12720.  Definition.

In this act "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.

Added by Laws 1968, c. 170, § 2, emerg. eff. April 15, 1968.

§12721.  Filing and status of foreign judgments.

A copy of any foreign judgment authenticated in accordance with the applicable Act of Congress or of the statutes of this state may be filed in the office of the court clerk of any county of this state.  The clerk shall treat the foreign judgment in the same manner as a judgment of the district court of any county of this state.  A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a district court of this state and may be enforced or satisfied in like manner.  Provided, however, that no such filed foreign judgment shall be a lien on real estate of the judgment debtor until the judgment creditor complies with the requirements of subsection B of Section 706 of this title.

Added by Laws 1968, c. 170, § 3, emerg. eff. April 15, 1968.  Amended by Laws 1978, c. 138, § 2, eff. Oct. 1, 1978; Laws 2004, c. 181, § 3, eff. Nov. 1, 2004.

§12722.  Notice of filing.

(a) At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of the court an affidavit setting forth the name and lastknown post-office address of the judgment debtor, and of the judgment creditor.

(b) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket.  The notice shall include the name and post-office address of the judgment creditor and the judgment creditor's lawyer, if any, in this state.  In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk.  Lack of notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.

(c) No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until twenty (20) days after the date the judgment is filed.

Added by Laws 1968, c. 170, § 4, emerg. eff. April 15, 1968.

§12723.  Stay.

(a) If the judgment debtor shows the district or superior court of the county in which the judgment is filed that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, or until the time for appeal expires, or until the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the law of the state in which it was rendered.

(b) If the judgment debtor shows the district or superior court of the county in which the judgment is filed any ground upon which enforcement of a judgment of that court would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.

Added by Laws 1968, c. 170, § 5, emerg. eff. April 15, 1968.

§12724.  Fees.

Any person filing a foreign judgment shall pay to the court clerk those fees now and hereafter prescribed by statute for the filing of an action in the court in which such judgment is filed.  Fees for docketing, transcription, or other enforcement proceedings shall be the same as provided for judgments of the district courts of this state.

Added by Laws 1968, c. 170, § 6, emerg. eff. April 15, 1968.

§12725.  Optional procedure.

The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this act remains unimpaired.

Added by Laws 1968, c. 170, § 7, emerg. eff. April 15, 1968.

§12726.  Uniformity of interpretation.

This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

Added by Laws 1968, c. 170, § 8, emerg. eff. April 15, 1968.

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

POSTJUDGMENT INTEREST

A.  1.  Except as otherwise provided by this section, all judgments of courts of record, including costs and attorney fees authorized by statute or otherwise and allowed by the court, shall bear interest at a rate prescribed pursuant to this section.

2.  Costs and attorney fees allowed by the court shall bear interest from the earlier of the date the judgment or order is pronounced, if expressly stated in the written judgment or order awarding the costs and attorney fees, or the date the judgment or order is filed with the court clerk.

B.  Judgments, including costs and attorney fees authorized by statute or otherwise and allowed by the court, against this state or its political subdivisions, including counties, municipalities, school districts, and public trusts of which this state or a political subdivision of this state is a beneficiary, shall bear interest during the term of judgment at a rate prescribed pursuant to this section, but not to exceed ten percent (10%), from the date of rendition.  No judgment against this state or its political subdivisions, including counties, municipalities, school districts, and public trusts of which this state or a political subdivision of this state is a beneficiary, inclusive of postjudgment interest, shall exceed the total amount of liability of the governmental entity pursuant to The Governmental Tort Claims Act.

C.  The postjudgment interest authorized by subsection A or subsection B of this section shall accrue from the earlier of the date the judgment is rendered as expressly stated in the judgment, or the date the judgment is filed with the court clerk, and shall initially accrue at the rate in effect for the calendar year during which the judgment is rendered until the end of the calendar year in which the judgment was rendered, or until the judgment is paid, whichever first occurs.  Beginning on the first day of January of the next succeeding calendar year until the end of that calendar year, or until the judgment is paid, whichever first occurs, the judgment, together with postjudgment interest previously accrued, shall bear interest at the rate in effect for judgments rendered during that calendar year as certified by the Administrative Director of the Courts pursuant to subsection I of this section.  For each succeeding calendar year, or part of a calendar year, during which a judgment remains unpaid, the judgment, together with postjudgment interest previously accrued, shall bear interest at the rate in effect for judgments rendered during that calendar year as certified by the Administrative Director of the Courts pursuant to subsection I of this section.  A separate computation using the interest rate in effect for judgments as provided by subsection I of this section shall be made for each calendar year, or part of a calendar year, during which the judgment remains unpaid in order to determine the total amount of interest for which the judgment debtor is liable.  The postjudgment interest rate for each calendar year or part of a calendar year a judgment remains unpaid shall be multiplied by the original amount of the judgment, including any prejudgment interest, together with postjudgment interest previously accrued.  Interest shall accrue on a judgment in the manner prescribed by this subsection until the judgment is satisfied or released.

D.  If a rate of interest is specified in a contract, the rate specified shall apply and be stated in the journal entry of judgment.  The rate of interest shall not exceed the lawful rate for that obligation.  Postjudgment interest shall be calculated and accrued in the same manner as prescribed in subsection C of this section.

PREJUDGMENT INTEREST

E.  Except as provided by subsection F of this section, if a verdict for damages by reason of personal injuries or injury to personal rights including, but not limited to, injury resulting from bodily restraint, personal insult, defamation, invasion of privacy, injury to personal relations, or detriment due to an act or omission of another is accepted by the trial court, the court in rendering judgment shall add interest on the verdict at a rate prescribed pursuant to subsection I of this section from the date the suit resulting in the judgment was commenced to the earlier of the date the verdict is accepted by the trial court as expressly stated in the judgment, or the date the judgment is filed with the court clerk.  The interest rate for computation of prejudgment interest shall begin with the rate prescribed by subsection I of this section which is in effect for the calendar year in which the suit resulting in the judgment is commenced.  This rate shall be in effect until the end of the calendar year in which the suit resulting in judgment was filed or until the date judgment is filed, whichever first occurs.  Beginning on the first day of January of the next succeeding calendar year until the end of that calendar year, or until the date the judgment is filed, whichever first occurs, and for each succeeding calendar year thereafter, the prejudgment interest rate shall be the rate in effect for judgments rendered during each calendar year as certified by the Administrative Director of the Courts pursuant to subsection I of this section.  After the computation of all prejudgment interest has been completed, the total amount of prejudgment interest shall be added to the amount of the judgment rendered pursuant to the trial of the action, and the total amount of the resulting judgment shall become the amount upon which postjudgment interest is computed pursuant to subsection A of this section.

F.  If a verdict of the type described by subsection E of this section is rendered against this state or its political subdivisions, including counties, municipalities, school districts, and public trusts of which this state or a political subdivision of this state is a beneficiary, the judgment shall bear interest at the rate prescribed pursuant to subsection I of this section, but not to exceed ten percent (10%) from the date the suit was commenced to the earlier of the date the verdict is accepted by the trial court as expressly stated in the judgment or the date the judgment is filed with the court clerk.  The interest rate for computation of prejudgment interest shall begin with the rate prescribed by subsection I of this section which is in effect for the calendar year in which the suit resulting in the judgment is commenced.  This rate shall be in effect until the end of the calendar year in which the suit resulting in judgment was filed or until the date the judgment is rendered as expressly stated in the judgment, whichever first occurs.  Beginning on the first day of January of the next succeeding calendar year until the end of that calendar year, or until the date judgment is rendered, whichever first occurs, and for each succeeding calendar year thereafter, the prejudgment interest rate shall be the rate in effect for judgments rendered during each  calendar year as certified by the Administrative Director of the Courts pursuant to subsection I of this section.  After the computation of prejudgment interest has been completed, the amount shall be added to the amount of the judgment rendered pursuant to the trial of the action, and the total amount of the resulting judgment shall become the amount upon which postjudgment interest is computed pursuant to subsection B of this section.  No award of prejudgment interest against this state or its political subdivisions, including counties, municipalities, school districts, and public trusts of which this state or a political subdivision of this state is a beneficiary, including the amount of the judgment awarded pursuant to trial of the action, shall exceed the total amount of liability of the governmental entity pursuant to The Governmental Tort Claims Act.

G.  If exemplary or punitive damages are awarded in an action for personal injury or injury to personal rights including, but not limited to, injury resulting from bodily restraint, personal insult, defamation, invasion of privacy, injury to personal relations, or detriment due to an act or omission of another, the interest on  that award shall begin to accrue from the earlier of the date the judgment is rendered as expressly stated in the judgment, or the date the judgment is filed with the court clerk.

H.  If a judgment is rendered establishing the existence of a lien against property and no rate of interest exists, the court shall allow prejudgment interest at a rate prescribed pursuant to subsection I of this section from the date the lien is filed to the date of verdict.

I.  For purposes of computing either postjudgment interest or prejudgment interest as authorized by this section, interest shall be determined using a rate equal to the average United States Treasury Bill rate of the preceding calendar year as certified to the Administrative Director of the Courts by the State Treasurer on the first regular business day in January of each year, plus four percentage points.

J.  For purposes of computing postjudgment interest, the provisions of this section, including the amendments prescribed by Chapter 320, O.S.L. 1997, shall be applicable to all judgments of the district courts rendered on or after January 1, 2000 but before January 1, 2005.  Until January 1, 2005, the method for computing postjudgment interest prescribed by this section shall be applicable to all judgments remaining unpaid rendered prior to January 1, 2000.

K.  For purposes of computing prejudgment interest, the provisions of this section, including the amendments prescribed by Chapter 320, O.S.L. 1997, shall be applicable to all actions which are filed in the district courts on or after January 1, 2000, but before January 1, 2005, for which an award of prejudgment interest is authorized by the provisions of this section.

R.L.1910, § 1008.  Amended by Laws 1968, c. 71, § 1, emerg. eff. March 25, 1968; Laws 1971, c. 252, § 1.  Renumbered from § 274 of Title 15 by Laws 1971, c. 252, § 2.  Amended by Laws 1979, c. 60, § 1, eff. Oct. 1, 1979; Laws 1982, c. 78, § 1, emerg. eff. April 1, 1982; Laws 1984, c. 83, § 1, emerg. eff. April 4, 1984; Laws 1985, c. 257, § 1, eff. Nov. 1, 1985; Laws 1986, c. 315, § 4, eff. Nov. 1, 1986; Laws 1997, c. 320, § 2, eff. Jan. 1, 1998; Laws 1999, c. 293, § 7, eff. Nov. 1, 1999; Laws 2004, c. 368, § 6, eff. Nov. 1, 2004.

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

POSTJUDGMENT INTEREST

A.  1.  Except as otherwise provided by this section, all judgments of courts of record, including costs and attorney fees authorized by statute or otherwise and allowed by the court, shall bear interest at a rate prescribed pursuant to this section.

2.  Costs and attorney fees allowed by the court shall bear interest from the earlier of the date the judgment or order is pronounced, if expressly stated in the written judgment or order awarding the costs and attorney fees, or the date the judgment or order is filed with the court clerk.

B.  Judgments, including costs and attorney fees authorized by statute or otherwise and allowed by the court, against this state or its political subdivisions, including counties, municipalities, school districts, and public trusts of which this state or a political subdivision of this state is a beneficiary, shall bear interest during the term of judgment at a rate prescribed pursuant to this section from the date of rendition.  No judgment against this state or its political subdivisions, including counties, municipalities, school districts, and public trusts of which this state or a political subdivision of this state is a beneficiary, inclusive of postjudgment interest, shall exceed the total amount of liability of the governmental entity pursuant to The Governmental Tort Claims Act.

C.  The postjudgment interest authorized by subsection A or subsection B of this section shall accrue from the earlier of the date the judgment is rendered as expressly stated in the judgment, or the date the judgment is filed with the court clerk, and shall initially accrue at the rate in effect for the calendar year during which the judgment is rendered until the end of the calendar year in which the judgment was rendered, or until the judgment is paid, whichever first occurs.  Beginning on January 1 of the next succeeding calendar year until the end of that calendar year, or until the judgment is paid, whichever first occurs, the judgment, together with postjudgment interest previously accrued, shall bear interest at the rate in effect for judgments rendered during that calendar year as certified by the Administrative Director of the Courts pursuant to subsection I of this section.  For each succeeding calendar year, or part of a calendar year, during which a judgment remains unpaid, the judgment, together with postjudgment interest previously accrued, shall bear interest at the rate in effect for judgments rendered during that calendar year as certified by the Administrative Director of the Courts pursuant to subsection I of this section.  A separate computation using the interest rate in effect for judgments as provided by subsection I of this section shall be made for each calendar year, or part of a calendar year, during which the judgment remains unpaid in order to determine the total amount of interest for which the judgment debtor is liable.  The postjudgment interest rate for each calendar year or part of a calendar year a judgment remains unpaid shall be multiplied by the original amount of the judgment, including any prejudgment interest, together with postjudgment interest previously accrued.  Interest shall accrue on a judgment in the manner prescribed by this subsection until the judgment is satisfied or released.

D.  If a rate of interest is specified in a contract, the rate specified shall apply and be stated in the journal entry of judgment.  The rate of interest shall not exceed the lawful rate for that obligation.  Postjudgment interest shall be calculated and accrued in the same manner as prescribed in subsection C of this section.

PREJUDGMENT INTEREST

E.  Except as provided by subsection F of this section or Section 1-1708.1G of Title 63 of the Oklahoma Statutes, if a verdict for damages by reason of personal injuries or injury to personal rights including, but not limited to, injury resulting from bodily restraint, personal insult, defamation, invasion of privacy, injury to personal relations, or detriment due to an act or omission of another is accepted by the trial court, the court in rendering judgment shall add interest on the verdict at a rate prescribed pursuant to subsection I of this section from the date the suit resulting in the judgment was commenced to the earlier of the date the verdict is accepted by the trial court as expressly stated in the judgment, or the date the judgment is filed with the court clerk.  The interest rate for computation of prejudgment interest shall begin with the rate prescribed by subsection I of this section which is in effect for the calendar year in which the suit resulting in the judgment is commenced.  This rate shall be in effect until the end of the calendar year in which the suit resulting in judgment was filed or until the date judgment is filed, whichever first occurs.  Beginning on January 1 of the next succeeding calendar year until the end of that calendar year, or until the date the judgment is filed, whichever first occurs, and for each succeeding calendar year thereafter, the prejudgment interest rate shall be the rate in effect for judgments rendered during each calendar year as certified by the Administrative Director of the Courts pursuant to subsection I of this section.  After the computation of all prejudgment interest has been completed, the total amount of prejudgment interest shall be added to the amount of the judgment rendered pursuant to the trial of the action, and the total amount of the resulting judgment shall become the amount upon which postjudgment interest is computed pursuant to subsection A of this section.

F.  If a verdict of the type described by subsection E of this section is rendered against this state or its political subdivisions, including counties, municipalities, school districts, and public trusts of which this state or a political subdivision of this state is a beneficiary, the judgment shall bear interest at the rate prescribed pursuant to subsection I of this section from the date the suit was commenced to the earlier of the date the verdict is accepted by the trial court as expressly stated in the judgment or the date the judgment is filed with the court clerk.  The interest rate for computation of prejudgment interest shall begin with the rate prescribed by subsection I of this section which is in effect for the calendar year in which the suit resulting in the judgment is commenced.  This rate shall be in effect until the end of the calendar year in which the suit resulting in judgment was filed or until the date the judgment is rendered as expressly stated in the judgment, whichever first occurs.  Beginning on January 1 of the next succeeding calendar year until the end of that calendar year, or until the date judgment is rendered, whichever first occurs, and for each succeeding calendar year thereafter, the prejudgment interest rate shall be the rate in effect for judgments rendered during each calendar year as certified by the Administrative Director of the Courts pursuant to subsection I of this section.  After the computation of prejudgment interest has been completed, the amount shall be added to the amount of the judgment rendered pursuant to the trial of the action, and the total amount of the resulting judgment shall become the amount upon which postjudgment interest is computed pursuant to subsection B of this section.  No award of prejudgment interest against this state or its political subdivisions, including counties, municipalities, school districts, and public trusts of which this state or a political subdivision of this state is a beneficiary, including the amount of the judgment awarded pursuant to trial of the action, shall exceed the total amount of liability of the governmental entity pursuant to The Governmental Tort Claims Act.

G.  If exemplary or punitive damages are awarded in an action for personal injury or injury to personal rights including, but not limited to, injury resulting from bodily restraint, personal insult, defamation, invasion of privacy, injury to personal relations, or detriment due to an act or omission of another, the interest on  that award shall begin to accrue from the earlier of the date the judgment is rendered as expressly stated in the judgment, or the date the judgment is filed with the court clerk.

H.  If a judgment is rendered establishing the existence of a lien against property and no rate of interest exists, the court shall allow prejudgment interest at a rate prescribed pursuant to subsection I of this section from the date the lien is filed to the date of verdict.

I.  For purposes of computing either postjudgment interest or prejudgment interest as authorized by this section, interest shall be the prime rate, as listed in the first edition of the Wall Street Journal published for each calendar year and as certified to the Administrative Director of the Courts by the State Treasurer on the first regular business day following publication in January of each year, plus two percent (2%).

J.  For purposes of computing postjudgment interest, the provisions of this section shall be applicable to all judgments of the district courts rendered on or after January 1, 2005.  Effective January 1, 2005, the method for computing postjudgment interest prescribed by this section shall be applicable to all judgments remaining unpaid rendered prior to January 1, 2005.

K.  For purposes of computing prejudgment interest, the provisions of this section shall be applicable to all actions which are filed in the district courts on or after January 1, 2005, for which an award of prejudgment interest is authorized by the provisions of this section.

Added by Laws 2004, c. 368, § 7, eff. Nov. 1, 2004.

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

A.  This act affirms the power of the Supreme Court of the State of Oklahoma to issue standards for extending full faith and credit to the records and judicial proceedings of any court of any federally recognized Indian nation, tribe, band or political subdivision thereof, including courts of Indian offenses.

B.  In issuing any such standard the Supreme Court of the State of Oklahoma may extend such recognition in whole or in part to such type or types of judgments of the tribal courts as it deems appropriate where tribal courts agree to grant reciprocity of judgments of the courts of the State of Oklahoma in such tribal courts.

Added by Laws 1992, c. 384, § 1, eff. Sept. 1, 1992.

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

Any judgment, decree or appealable order of a district court rendered or granted on or after January 1, 1991, and before the effective date of this act, which substantially complies with this act, Chapter 251, O.S.L. 1991, Chapter 251, O.S.L. 1990 or the law which was effective prior to January 1, 1991, shall have the same force and effect as any other properly rendered or granted judgment, decree or appealable order.

From Laws 1991, c. 251, § 23, eff. June 1, 1991.  Amended by Laws 1993, c. 351, § 16, eff. Oct. 1, 1993.  Codified as § 729 of Title 12 by Laws 1993, § 17, eff. Oct. 1, 1993.

§12-729.1.  Short title.

This act shall be known and may be cited as the "Oklahoma Uniform Foreign-Money Claims Act".

Added by Laws 1994, c. 165, § 1, eff. Jan. 1, 1995.

§12-729.2.  Definitions.

As used in this act:

1.  "Action" means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim;

2.  "Bank-offered spot rate" means the spot rate of exchange at which a bank will sell foreign money at a spot rate;

3.  "Conversion date" means the banking day next preceding the date on which money, in accordance with this act, is:

a. paid to a claimant in an action or distribution proceeding,

b. paid to the official designated by law to enforce a judgment or award on behalf of a claimant, or

c. used to recoup, set-off or counterclaim in different moneys in an action or distribution proceeding;

4.  "Distribution proceeding" means a judicial or nonjudicial proceeding for the distribution of a fund in which one or more foreign-money claims is asserted and includes, but is not limited to, an accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a corporation or other entity, and the distribution of an estate, trust or other fund;

5.  "Foreign money" means money other than money of the United States of America;

6.  "Foreign-money claim" means a claim upon an obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money;

7.  "Money" means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement;

8.  "Money of the claim" means the money determined as proper pursuant to Section 5 of this act;

9.  "Person" means an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, joint venture, partnership, association, limited liability company, two or more persons having a joint or common interest or any other legal or commercial entity;

10.  "Rate of exchange" means the rate at which money of one country may be converted into money of another country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate of conversion.  If separate rates of exchange apply to different kinds of transactions, the term means the rate applicable to the particular transaction giving rise to the foreign-money claim;

11.  "Spot rate" means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for immediate or next day availability or for settlement by immediate payment in cash or equivalent, by charge to an account or by an agreed delayed settlement not exceeding two days; and

12.  "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a territory or insular possession subject to the jurisdiction of the United States.

Added by Laws 1994, c. 165, § 2, eff. Jan. 1, 1995.

§12-729.3.  Application of act.

A.  This act applies only to a foreign-money claim in an action or distribution proceeding.

B.  This act applies to foreign-money issues even if other law under the conflict of laws rules of this state applies to other issues in the action or distribution proceeding.

Added by Laws 1994, c. 165, § 3, eff. Jan. 1, 1995.

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

A.  The effect of this act may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment.

B.  Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may agree to use different moneys for different aspects of the transaction.  Stating the price in a foreign money for one aspect of a transaction does not alone require the use of that money for other aspects of the transaction.

Added by Laws 1994, c. 165, § 4, eff. Jan. 1, 1995.

§12-729.5.  Determining proper money of claim.

A.  The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment.

B.  If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money:

1.  Regularly used between the parties as a matter of usage or course of dealing;

2.  Used at the time of a transaction in international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved; or

3.  In which the loss was ultimately felt or will be incurred by the party claimant.

Added by Laws 1994, c. 165, § 5, eff. Jan. 1, 1995.

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

A.  If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date.

B.  If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only to payments made within a reasonable time after default, not exceeding thirty (30) days.  Thereafter, conversion is made at the bank-offered spot rate on the conversion date.

C.  A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor's obligation to be paid in the debtor's money, when received by the creditor, must equal a specified amount of the foreign money of the country of the creditor.  If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator shall amend the judgment or award accordingly.

Added by Laws 1994, c. 165, § 6, eff. Jan. 1, 1995.

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

A.  A person may assert a claim in a specified foreign money.  If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars.

B.  An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant.

C.  A person may assert a claim as a defense, set-off, recoupment or counterclaim in any money appropriate for the claim without regard to the money of other claims.

D.  The determination of the proper money of the claim is a question of law.

Added by Laws 1994, c. 165, § 7, eff. Jan. 1, 1995.

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

A.  Except as provided in subsection C of this section, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim.

B.  A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars which will purchase that foreign money on the conversion date at a bank-offered spot rate.

C.  Assessed costs must be entered in United States dollars.

D.  Each payment in United States dollars must be accepted and credited on a judgment or award on a foreign-money claim in the amount of the foreign money that could be purchased by the dollars at a bank-offered spot rate of exchange at or near the close of business on the conversion date for that payment.

E.  A judgment or award made in an action or distribution proceeding on both:

1.  A defense, set-off, recoupment or counterclaim; and

2.  The adverse party's claim,

must be netted by converting the money of the smaller into the money of the larger, and by subtracting the smaller from the larger, and specify the rates of exchange used.

F.  A judgment substantially in the following form complies with subsection A of this section:

IT IS ADJUDGED AND ORDERED, that Defendant (insert name) pay to Plaintiff (insert name) the sum of (insert amount in the foreign money) plus interest on that sum at the rate of (insert rate - see Section 10 of this act) percent a year or, at the option of the judgment debtor, the number of United States dollars which will purchase the (insert name of foreign money) with interest due, at a bank-offered spot rate at or near the close of business on the banking day next before the day of payment, together with assessed costs of (insert amount) United States dollars.

G.  If a contract claim is of the type covered by subsection A or B of Section 6 of this act, the judgment or award must be entered for the amount of money stated to measure the obligation to be paid in the money specified for payment or, at the option of the debtor, the number of United States dollars which will purchase the computed amount of the money of payment on the conversion date at a bank-offered spot rate.

H.  In order to create a lien, a judgment in foreign money must be filed and indexed in the same manner as other judgments.  It may be discharged in the same manner as other judgments.

Added by Laws 1994, c. 165, § 8, eff. Jan. 1, 1995.

§12-729.9.  Rate of exchange.

The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding.  A foreign-money claimant in a distribution proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated.

Added by Laws 1994, c. 165, § 9, eff. Jan. 1, 1995.

§12-729.10.  Interest.

A.  With respect to a foreign-money claim, recovery of prejudgment or pre-award interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in subsection B of this section, are matters of the substantive law governing the right to recovery under the conflict-of-laws rules of this state.

B.  The court or arbitrator shall increase or decrease the amount of prejudgment or pre-award interest otherwise payable in a judgment or award in foreign money to the extent required by the law of this state governing a failure to make or accept an offer of settlement or offer of judgment, or conduct by a party or its attorney causing undue delay or expense.

C.  A judgment or award on a foreign-money claim bears interest at the rate applicable to judgments of this state.

Added by Laws 1994, c. 165, § 10, eff. Jan. 1, 1995.

§12-729.11.  Enforcement of foreign judgment.

A.  If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in Section 8 of this act, whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars.

B.  A foreign judgment may be filed in accordance with any rule or statute of this state providing a procedure for its recognition and enforcement.

C.  A satisfaction or partial payment made upon the foreign judgment, on proof thereof, must be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this state.

D.  A judgment entered on a foreign-money claim only in United States dollars in another state must be enforced in this state in United States dollars only.

Added by Laws 1994, c. 165, § 11, eff. Jan. 1, 1995.

§12-729.12.  Enforcement of provisional remedies.

A.  Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment.

B.  For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution or other legal process, the amount of United States dollars at issue for assessing costs, or the amount of United States dollars involved for a surety bond or other court-required undertaking, must be ascertained as provided in subsections C and D of this section.

C.  A party seeking the process, costs, bond or other undertaking under subsection B of this section shall compute in United States dollars the amount of the foreign money claimed from a bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs, or an application for a bond or other court-required undertaking.

D.  A party seeking the process, costs, bond or other undertaking under subsection B of this section shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used and how it was obtained, and setting forth the calculation.  Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate.

Added by Laws 1994, c. 165, § 12, eff. Jan. 1, 1995.

§12-729.13.  Foreign money revalorization.

A.  If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money.

B.  If substitution under subsection A of this section occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend the judgment or award by a like conversion of the former money.

Added by Laws 1994, c. 165, § 13, eff. Jan. 1, 1995.

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

Unless displaced by particular provisions of this act, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating causes supplement its provisions.

Added by Laws 1994, c. 165, § 14, eff. Jan. 1, 1995.

§12-729.15.  Prospective applicability of act.

This act applies to actions and distribution proceedings commenced after its effective date.

Added by Laws 1994, c. 165, § 15, eff. Jan. 1, 1995.

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

This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.

Added by Laws 1994, c. 165, § 16, eff. Jan. 1, 1995.

§12731.  Executions  Defined  How issued  Different counties.

Executions shall be deemed process of the court, and shall be issued by the clerk, and directed to the sheriff of the county.  They may be directed to different counties at the same time.

R.L. 1910, § 5149.

§12732.  Kinds of executions.

Executions are of three kinds:

First, against the property of the judgment debtor.

Second, for the delivery of possession of real or personal property, with damages for withholding the same, and costs.

Third, executions in special cases.

R.L. 1910, § 5150.

§12733.  Property subject to levy.

Lands, tenements, goods and chattels, not exempt by law shall be subject to the payment of debts, and shall be liable to be taken on execution and sold, as hereinafter provided.

R.L. 1910, § 5151.

§12734.  Property bound after seizure.

All real estate not bound by the lien of the judgment, as well as goods and chattels of the debtor, shall be bound from the time they shall be seized in execution.

R.L. 1910, § 5152.

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

A.  A judgment shall become unenforceable and of no effect if, within five (5) years after the date of filing of any judgment that now is or may hereafter be filed in any court of record in this state:

1.  Execution is not issued by the court clerk and filed with the county clerk as provided in Section 759 of this title;

2.  A notice of renewal of judgment substantially in the form prescribed by the Administrative Director of the Courts is not filed with the court clerk;

3.  A garnishment summons is not issued by the court clerk; or

4.  A certified copy of a notice of income assignment is not sent to a payor of the judgment debtor.

B.  A judgment shall become unenforceable and of no effect if more than five (5) years have passed from the date of:

1.  The last execution on the judgment was filed with the county clerk;

2.  The last notice of renewal of judgment was filed with the court clerk;

3.  The last garnishment summons was issued; or

4.  The sending of a certified copy of a notice of income assignment to a payor of the judgment debtor.

C.  This section shall not apply to judgments against municipalities or to child support judgments by operation of law.

R.L. 1910, § 5153.  Amended by Laws 1981, c. 120, § 1, eff. Oct. 1, 1981; Laws 1988, c. 22, § 1, eff. Nov. 1, 1988; Laws 1989, c. 236, § 5, eff. July 1, 1989; Laws 1997, c. 320, § 3, eff. Nov. 1, 1997; Laws 2000, c. 384, § 1, eff. Nov. 1, 2000; Laws 2002, c. 468, § 4, eff. Nov. 1, 2002.

§12736.  Execution to command levy on personalty before levy on realty  Endorsement of amount of debt, damages, and costs on execution.

The writ of execution against the property of the judgment debtor, issuing from any court of record in this state, shall command the officer to whom it is directed, that of the goods and chattels of the debtor he cause to be made the money specified in the writ; and for want of goods and chattels, he cause the same to be made of the lands and tenements of the debtor; and the amount of the debt, damages and costs, for which the judgment is entered, shall be endorsed on the execution.

R.L. 1910, § 5154.

§12737.  Priority among executions.

When two or more writs of execution against the same debtor shall be sued out during the term in which judgment was rendered, or within ten (10) days thereafter, and when two or more writs of execution against the same debtor shall be delivered to the officer on the same day, no preference shall be given to either of such writs; but if a sufficient sum of money be not made to satisfy all such executions, the amount made shall be distributed to the several creditors in proportion to the amount of their respective demands.  In all other cases, the writ of execution first delivered to the officer shall be first satisfied.  And it shall be the duty of the officer to endorse on every writ of execution the time when he received the same; but nothing herein contained shall be so construed as to affect any preferable lien which one or more of the judgments, on which execution issued, may have on the lands of the judgment debtor.

R.L. 1910, § 5155.

§12751.  Levy on goods and chattels, then on realty  Sale of lands subject to liens  Appraisement.

The officer to whom a writ of execution is delivered, shall proceed immediately to levy the same upon the goods and chattels of the debtor; but if no goods and chattels can be found, the officer shall endorse on the writ of execution, "No goods," and forthwith levy the writ of execution upon the lands and tenements of the debtor, which may be liable to satisfy the judgment; and if any of the lands and tenements of the debtor which may be liable shall be encumbered by a mortgage or any other lien or liens, such lands and tenements may be levied upon and appraised.  If the appraisal reveals any equity in excess of such mortgage or liens, the lands and tenements may be sold, subject to such mortgage or liens, stated in the appraisal.  If the appraisal reveals no equity, the lands and tenements of the debtor shall not be sold.

R.L. 1910, § 5156.  Amended by Laws 1985, c. 277, § 10, eff. Nov. 1, 1985.

§12752.  Attachments and executions, who levied by.

It shall be unlawful for anyone to levy an attachment or execution within this state who is not a bonded officer.

Added by Laws 1919, c. 139, p. 199, § 1.

§12753.  Same void when issued to or levied otherwise.

Any attachment or execution issued to, or levied by anyone other than a bonded officer shall be void and of no effect and the court clerk or judge of the district court, or clerks of the judge of the district court issuing same, or officer levying same, as the case may be, together with their bondsmen shall be liable for any damage caused thereby.

Added by Laws 1919, c. 139, p. 199, § 2.

§12754.  Penalty.

Anyone violating the provisions of this act shall be punished by a fine not to exceed One Hundred Dollars ($100.00) or confinement in the county jail not to exceed thirty (30) days or both.

Added by Laws 1919, c. 139, p. 200, § 3.

§12755.  Property claimed by third person  Plaintiff to secure officer.

If the officer, by virtue of an execution issued from any court of record in this state, shall levy the same on any goods and chattels claimed by any person other than the defendant, or be requested by the plaintiff to levy on any such goods and chattels, the officer may require the plaintiff to give him an undertaking, with good and sufficient securities to pay all costs and damages that he may sustain by reason of the detention or sale of such property; and until such undertaking shall be given, the officer may refuse to proceed as against such property.

R.L. 1910, § 5157.

§12756.  Redelivery to defendant, when  Undertaking.

In all cases where a sheriff or other officer shall, by virtue of an execution, levy upon any goods and chattels which shall remain upon his hands unsold, for want of bidders, for the want of time to advertise and sell, or any other reasonable cause, the officer may, for his own security, take of the defendant an undertaking, with security, in such sum as he may deem sufficient, to the effect that the said property shall be delivered to the officer holding an execution for the sale of the same, at the time and place appointed by said officer, either by notice, given in writing, to said defendant in execution, or by advertisement published in a newspaper printed in the county, naming therein the day and place of sale.  If the defendant shall fail to deliver the goods and chattels at the time and place mentioned in the notice to him, given, or to pay to the officer holding the execution the full value of said goods and chattels, or the amount of said debt and costs, the undertaking, given as aforesaid, may be proceeded on as in other cases.

R.L. 1910, § 5158.

§12757.  Notice of sale of chattels  Acceptance of bids  Inventory for want of bidders.

A.  1.  No goods or chattels levied upon by an officer pursuant to an execution issued by a court of record shall be sold unless the party causing the execution to be issued:

a. causes a written notice of sale executed by the sheriff describing the goods or chattels subject to sale and stating the date, time and place where the sale shall occur to be mailed, by first class mail, postage prepaid, to the judgment debtor, any holder of record of an interest in the property, and all other persons of whom the party causing the execution to be issued has notice who claim a lien or any interest in the goods or chattels, at least ten (10) days prior to the date of the sale, if the names and actual addresses of such persons are known, and

b. causes public notice to be given of the date, time and place of sale, for at least ten (10) days before the day of sale.  The notice shall be executed by the sheriff and shall state the name of any person having an interest in the property whose actual address is unknown, and shall designate the person or persons whose unknown successors are being notified.  The notice shall be given by advertisement, published in some newspaper published in the county, or, in case no newspaper be published therein, by setting up advertisements in five public places in the county. Two advertisements shall be put up in the township where the sale is to be held, and

c. files in the case an affidavit of proof of mailing and of publication or posting;

2.  A written notice of sale executed prior to the effective date of this act by the party causing the execution to be issued but otherwise conforming to the provisions of this section shall, for all purposes, be deemed valid.

B.  1.  If a purchaser other than the party causing the execution to be issued, when required by the sheriff, fails to post cash or certified funds equal to ten percent (10%) of the amount bid for the property within twentyfour (24) hours of the sale, excluding Sundays and legal holidays, or otherwise fails to complete the sale, the sheriff may proceed with the sale and may accept the next highest bid.

2.  When goods and chattels levied upon cannot be sold for want of bidders, the officer making such return shall affix a true and correct inventory of such goods and chattels to the execution, and the party causing such execution to be issued may thereupon sue out another writ of execution, directing the sale of the property levied upon as provided for in this section.

R.L. 1910, § 5159.  Amended by Laws 1986, c. 227, § 2, eff. Nov. 1, 1986; Laws 1987, c. 189, § 1, operative Nov. 1, 1987.

§12758.  Further levy when property taken insufficient.

When any writ shall issue, directing the sale of property previously taken in execution, the officer issuing said writ shall, at the request of the person entitled to the benefit thereof, his agent or attorney, add thereto a command to the officer to whom such writ shall be directed, that if the property remaining in his hands not sold shall, in his opinion, be insufficient to satisfy the judgment, he shall levy the same upon lands and tenements, goods and chattels, or either, as the law shall permit, being the property of the judgment debtor, sufficient to satisfy the debt.

R.L. 1910, § 5160.

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

A.  When a general execution is issued and placed in the custody of a sheriff for levy, a certified copy of the execution shall be filed in the office of the county clerk of the county whose sheriff holds the execution and shall be indexed in the same manner as judgments.

B.  If a general or special execution is levied upon lands and tenements, the sheriff shall endorse on the face of the writ the legal description and shall have three disinterested persons who have taken an oath to impartially appraise the property levied on, upon actual view; and the disinterested persons shall return to the officer their signed estimate of the real value of the property.

C.  To extend a judgment lien beyond the initial or any subsequent statutory period, prior to the expiration of such period, a certified copy of one of the following must be filed and indexed in the same manner as judgments in the office of the county clerk in the county in which the statement of judgment was filed and the lien thereof is sought to be retained:

1.  A general execution upon the judgment;

2.  A notice of renewal of judgment;  

3.  A garnishment summons issued against the judgment debtor; or

4.  A notice of income assignment sent to a payor of the judgment debtor.

R.L. 1910, § 5161.  Amended by Laws 1981, c. 120, § 2; Laws 1988, c. 22, § 2, eff. Nov. 1, 1988; Laws 1997, c. 320, § 4, eff. Nov. 1, 1997; Laws 2000, c. 384, § 2, eff. Nov. 1, 2000.

§12760.  Waiver of appraisement  Order of sale not to issue until six months after judgment.

If the words "appraisement waived" or other words of similar import, shall be inserted in any deed, mortgages, bonds, notes, bill or written contract, any court rendering judgment thereon, shall order as a part of the judgment that the same, and any process issued thereon, shall be enforced, and that lands and tenements may be sold thereunder without appraisement; and such judgment, and any process issued thereon shall be enforced, and sales of land and tenements made thereunder, without any appraisement or valuation being made of the property, to be sold:  Provided, that no order of sale or execution shall be issued upon such judgment until the expiration of six (6) months from the time of the rendition of said judgment.

R.L. 1910, § 5162.

§12761.  Return of appraisement  Sale.

The officer receiving such return shall forthwith deposit a copy thereof with the clerk of the court from which the writ issued, and advertise and sell such property, agreeably to the provisions of this article.

R.L. 1910, § 5163.

§12762.  Lien restricted to property levied on when twothirds of appraised value sufficient to satisfy judgment  Amount for which property sold  Sale for debt or taxes due state.

If, upon such return, as aforesaid, it appear, by the inquisition, that twothirds (2/3) of the appraised value of said lands and tenements, so levied upon is sufficient to satisfy the execution, with costs, the judgment on which such execution issued shall not operate as a lien on the residue of the debtor's estate, to the prejudice of any other judgment creditor; but no such property shall be sold for less than twothirds (2/3) of the value returned in the inquest; and nothing in this section contained shall, in any wise, extend to affect the sale of lands by the state, but all lands, the property of individuals indebted to the state for any debt or taxes, or in any other manner, shall be sold without valuation, for the discharge of such debt or taxes, agreeably to the laws in such cases made and provided.

R.L. 1910, § 5164.

§12763.  Judgments against public officers  Sale without valuation.

If the property of any clerk, sheriff, coroner, judge of the district court, constable or any collector of state, county, town or township tax, shall be levied on for, or on account of, any monies that now are, or may hereafter be, by them collected or received in their official capacity, the property so levied on shall be sold without valuation.

R.L. 1910, § 5165.

§12764.  Notice of sale of realty.

A.  Lands and tenements taken on execution shall not be sold unless the party causing the execution to be issued:

1.  Causes a written notice of sale executed by the sheriff containing the legal description of the property to be sold and stating the date, time and place where the property will be sold to be mailed, by first class mail, postage prepaid, to the judgment debtor, any holder of interest of record in the property to be sold whose interest is sought to be extinguished, and all other persons of whom the party causing the execution to be issued has notice who claim a lien or any interest in the property whose interest is sought to be extinguished, at least ten (10) days prior to the date of the sale, if the names and addresses of such persons are known; and

2.  Causes public notice of the date, time and place of sale to be given by publication for two (2) successive weeks in a newspaper published in the county in which the property to be sold is situated, or in case no newspaper be published in such county, then in a newspaper of general circulation therein and by putting up an advertisement upon the courthouse door and in five other public places in such county, two of which shall be in the township where such lands and tenements lie; provided, that in counties now having a population of one hundred ten thousand (110,000) or more according to the last Federal Census, the advertisement shall be published in some newspaper published in the city or township where said lands and tenements lie or if there be no newspaper in such city or township then in some newspaper published in the county.  Notice shall be executed by the sheriff and state the name of any person having an interest in the property to be sold whose interest is sought to be extinguished and whose actual address is unknown, and shall designate the person or persons whose unknown successors are being notified; and

3.  Files in the case an affidavit of proof of mailing and of publication or posting.

B.  A written notice of sale executed prior to the effective date of this act by the party causing the execution to be issued but otherwise conforming to the provisions of this section shall, for all purposes, be deemed valid.

C.  Such sale shall not be held less than thirty (30) days after the date of first publication of the notice required in paragraph 2 of subsection A of this section.  If a purchaser other than the party causing the execution to be issued, when required by the sheriff, fails to post cash or certified funds equal to ten percent (10%) of the amount bid for the property within twentyfour (24) hours of the sale, excluding Sundays and legal holidays, or otherwise fails to complete the sale, the sheriff may accept the next highest bid.  Except as otherwise provided for in subsection B of this section, sales for which the provisions of subsection A of this section have not been complied with shall be set aside on motion by the court to which the execution is returnable.

R.L. 1910, § 5166.  Amended by Laws 1927, c. 117, p. 184, § 1; Laws 1957, p. 81, § 1; Laws 1986, c. 227, § 3, eff. Nov. 1, 1986; Laws 1987, c. 189, § 2, operative Nov. 1, 1987.

§12765.  Confirmation of sale  Objections.

A.  Upon the return of any writ of execution for the satisfaction of which any lands or tenements have been sold, the party causing the execution to be issued shall:

1.  Cause a written notice of hearing on the confirmation of the sale to be mailed, by first class mail, postage prepaid, to all persons to whom mailing of the notice of the execution sale was required to be made pursuant to Section 764 of this title and to the high bidder at such sale, at least ten (10) days before the hearing on the confirmation of the sale, and if the name or address of any such person is unknown, shall cause a notice of the hearing on the confirmation of the sale to be published in a newspaper authorized by law to publish legal notices in the county in which the property is situated.  If no newspaper authorized by law to publish legal notices is published in such county, the notice shall be published in some such newspaper of general circulation which is published in an adjoining county.  The notice shall state the name of any person being so notified and shall be published once at least ten (10) days prior to the date of the hearing on the confirmation of the sale; and

2.  Files in the case an affidavit of proof of mailing, and if required, of publication.

B.  Any person filing a written objection to the confirmation of the sale shall cause a copy of such written objection to be mailed, prior to the hearing on the confirmation of the sale, by first class mail, postage prepaid, to all persons to whom mailing of the notice of the hearing on the confirmation of the sale was required to be made pursuant to this section.  The court may continue the hearing or make such other orders as are necessary to allow the interested persons to adequately support or oppose any such objections to the confirmation of the sale.  If the court, after having carefully examined the proceedings of the officer, is satisfied that the sale has, in all respects, been made in conformity with the provisions of this article, the court shall direct the clerk to make an entry on the journal that the court is satisfied of the legality of such sale and shall order that the officer make to the purchaser a deed for such lands and tenements; and the officer, on making such sale, shall deposit the purchase money with the clerk of the court from which said writ of execution issued, where same shall remain until the court shall have examined his proceedings as aforesaid, when said clerk of the court shall pay the same to the person entitled thereto, agreeable to the order of the court.

R.L. 1910, § 5167.  Amended by Laws 1959, p. 80, § 1; Laws 1986, c. 227, § 4, eff. Nov. 1, 1986; Laws 1987, c. 189, § 3, operative Nov. 1, 1987.

§12766.  Sheriff's deed  Title transferred  Requisites.

The sheriff or other officer who, upon such writ or writs of execution, shall sell the said lands and tenements, or any part thereof, shall make to the purchaser as good and sufficient deed of conveyance of the land sold, as the person or persons against whom such writ or writs of execution were issued could have made of the same, at or any time after they became liable to the judgment.  The deed shall be sufficient evidence of the legality of such sale, and the proceedings therein, until the contrary be proved, and shall vest in the purchaser as good and as perfect an estate in the premises therein mentioned, as was vested in the party at, or after, the time when such lands and tenements became liable to the satisfaction of the judgment; and such deed of conveyance, to be made by the sheriff or other officer, shall recite the execution or executions, or the substance thereof, and the names of the parties, the amount and date of rendition of each judgment, by virtue whereof the said lands and tenements were sold as aforesaid, and shall be executed, acknowledged and recorded as is or may be provided by law, to perfect the conveyance of real estate in other cases.

R.L. 1910, § 5168.

§12767.  Officers may require advance of printer's fees.

The officer who levies upon goods and chattels, or lands and tenements, or who is charged with the duty of selling the same by virtue of any writ of execution, may refuse to publish a notice of the sale thereof by advertisement in a newspaper until the party for whose benefit such execution issued, his agent or attorney, shall advance to such officer so much money as will be sufficient to discharge the fees of the printer for publishing such notice.

R.L. 1910, § 5169.

§12768.  Same  Officer must make demand.

Before any officer shall be excused from giving the notification mentioned in the last section, he shall demand of the party for whose benefit the execution was issued, his agent or attorney provided either of them reside in the county, the fees in said section specified.

R.L. 1910, § 5170.

§12769.  Place of sale  Officers or appraisers not to purchase.

All sales of lands or tenements under execution shall be held at the court house in the county in which such lands or tenements are situated, unless some other place within said county is designated by the judge having jurisdiction in the case.  No sheriff or other officer making the sale of property, either personal or real, nor any appraiser of such property, shall either directly or indirectly, purchase the same; and every purchase so made shall be considered fraudulent and void.

R.L. 1910, § 5171.  Amended by Laws 1965, c. 173, § 1, emerg. eff. June 2, 1965.

§12770.  Other executions of realty not sold.

If lands or tenements, levied on as aforesaid, are not sold upon one execution, other executions may be issued to sell the property so levied upon.

R.L. 1910, § 5172.

§12771.  Levy on realty under several executions.

In all cases where two or more executions shall be put into the hands of any sheriff or other officer, and it shall be necessary to levy on real estate to satisfy the same, and either of the judgment creditors, in whose favor one or more of said executions are issued, shall require the sheriff or other officer to levy said executions, or so many thereof as may be required, on separate parcels of the real property of the judgment debtor or debtors, giving to the officer making the levy on behalf of the creditors, whose execution may, by the provisions of this article, be entitled to a preference, the choice of such part of the real property of the judgment debtor or debtors, as will be sufficient, at twothirds (2/3) of the appraised value, to satisfy the same; and in all cases where two or more executions, which are entitled to no preference over each other, are put in the hands of the same officer, it shall be the duty of the officer, when required, to levy the same on separate parcels of the real property of the judgment debtor or debtors, when, in the opinion of the appraisers, the same may be divided without material injury; and if the real property of said debtors will not be sufficient, at twothirds (2/3) of its appraised value, to satisfy all the executions chargeable thereon, such part of the same shall be levied on, to satisfy each execution, as will bear the same proportion in value to the whole, as the amount due to the execution bears to the amount of all the executions chargeable thereon, as near as may be according to the appraised value of each separate parcel of said real property.

R.L. 1910, § 5173.

§12772.  Deed by successor of officer making sale.

If the term of service of the sheriff or other officer who has made, or shall hereafter make sale of any lands and tenements, shall expire, or if the sheriff or other officer shall be absent, or be rendered unable by death or otherwise, to make a deed of conveyance of the same, any succeeding sheriff or other officer, on receiving a certificate from the court from which the execution issued for the sale of said lands and tenements, signed by the clerk, by order of said court, setting forth that sufficient proof has been made to the court that said sale was fairly and legally made, and on tender of the purchase money, or if the same or any part thereof be paid then on proof of such payment and tender of the balance, if any, may execute to the said purchaser or purchasers, or his or their legal representatives, a deed of conveyance of said lands and tenements so sold.  Such deed shall be as good and valid in law and have the same effect as if the sheriff or other officer who made the sale had executed the same.

R.L. 1910, § 5174.

§12773.  Payment to defendant of overplus after sale.

If, on any sale made as aforesaid, there shall be in the hands of the sheriff or other officer more money than is sufficient to satisfy the writ or writs of execution, with interest and costs, the sheriff or other officer shall, on demand, pay the balance to the defendant in execution.

R.L. 1910, § 5175.

§12774.  Reversal of judgment after sale of land.

If any judgment or judgments, in satisfaction of which any lands or tenements are sold, shall at any time thereafter be reversed, such reversal shall not defeat or affect the title of the purchaser or purchasers; but in such cases, restitution shall be made, by the judgment creditors, of the money, for which such lands or tenements were sold, with lawful interest from the day of sale.

R.L. 1910, § 5176.

§12775.  Execution on judgment in favor of state  Purchase by state  Resale  Disposition of funds received.

In all civil actions wherein the State of Oklahoma, as plaintiff, has heretofore or may hereafter recover judgment, and where, in any such action an execution has or may be issued, the State of Oklahoma, through the officer or officers on whose relation the action was brought, may bid at such execution sale, and buy said property offered for sale, for any amount not to exceed the amount of the judgment in such action, said amount to be credited upon the judgment.

And further, when such property offered for sale at execution is bought by the State of Oklahoma, said property may be sold for the state by the officer or officers upon whose relation the state was party plaintiff, and further provided that at such execution sales the attorney or attorneys representing the State of Oklahoma may bid for the state, not to exceed the amount of the judgment, provided, however, that said bid is not more than One Hundred Dollars ($100.00) higher than the next best bid, and if there be no other bidder, then not to exceed One Hundred Dollars ($100.00).

And further provided that in disposing of such property so acquired, if it be personal property the officer or successor of the officer upon whose relation the State of Oklahoma was plaintiff may sell said property by executing a good and sufficient bill of sale, to be attested by the Secretary of State.  And in disposing of real property so acquired or any interest or equity therein, the officer or successor in office on whose relation the state was party plaintiff may execute in the name of the State of Oklahoma by said officer a good and sufficient deed, to be attested by the Secretary of the State of Oklahoma.  Provided, however, that in no event shall any sale be valid under this act for any amount less than the amount for which said property was originally bid in by the state.  The funds obtained upon the sale of any such property shall be placed in the fund for which the judgment was obtained.

Added by Laws 1941, p. 37, § 1.

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

In all cases where real estate has been or may hereafter be taken on execution and appraised and twice advertised and offered for sale, and shall remain unsold for the want of bidders it shall be the duty of the court from which such execution issued, on motion of the plaintiff, to set aside such appraisement and order a new one to be made, or to set aside such levy and appraisement and award a new execution to issue, as the case may require.

R.L.1910, § 5177.  Amended by Laws 2000, c. 380, § 1, eff. Nov. 1, 2000.

§12802.  Return.

The sheriff or other officer to whom any writ of execution shall be directed, shall return such writ to the court to which the same is returnable, within sixty (60) days from the date thereof.

R.L. 1910, § 5178.

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

In all cases where judgment is rendered in any court of record within this state, upon any instrument of writing in which two or more persons are jointly and severally bound, and it shall be made to appear to the court, by parol or other testimony, that one or more of said persons so bound, signed the same as surety or bail, for his or their codefendant, it shall be the duty of the clerk of said court, in recording the judgment thereon to certify which of the defendants is principal debtor, and which are sureties or bail.  And the clerk of the court aforesaid shall issue execution on such judgment, commanding the sheriff or other officer to cause the money to be made of the goods and chattels, lands and tenements, of the principal debtor; but for want of sufficient property of the principal debtor to make the same, that he cause the same to be made of the goods and chattels, lands and tenements, of the surety or bail.  In all cases, the property, both personal and real, of the principal debtor, within the jurisdiction of the court, shall be exhausted before any of the property of the surety or bail shall be taken in execution.

R.L. 1910, § 5179.

§12811.  Action for officer's neglect or refusal - Notice.

A.  If any sheriff or other officer shall refuse or neglect to execute any writ of execution to him directed, which has come to his hands, or shall neglect or refuse to sell any goods and chattels, lands and tenements; or shall neglect to call an inquest and return a copy thereof forthwith, to the clerk's office, or shall neglect to return any writ of execution to the proper court on or before the return day thereof, or shall neglect to return a just and perfect inventory of all and singular the goods and chattels by him taken in execution, unless the said sheriff or other officer shall return that he has levied and made the amount of the debt, damages and costs; or shall refuse or neglect, on demand, to pay over to the plaintiff, his agent or attorney of record, all monies by him collected or received for the use of said party at any time after collecting or receiving the same, except as provided in Section 765 of this title, or shall neglect or refuse, on demand made by the defendant, his agent or attorney of record, to pay over all monies by him received for any sale made, beyond what is sufficient to satisfy the writ or writs of execution, with interest and legal costs, the party aggrieved by the alleged neglect or refusal may file an action in district court to recover damages sustained.

B.  Before an aggrieved party shall proceed in an action pursuant to this section, the party shall serve written notice upon the sheriff, detailing the alleged act or acts of negligence or refusal to act.  Said notice shall be served personally upon the sheriff at least twenty (20) days before a petition is filed in district court.  The sheriff or other officer shall have twenty (20) days from receipt of notice to perform the act which is the basis for the alleged neglect or refusal to act or to respond as to reason for failure to do so.  If the sheriff performs the act required within the twenty-day period no action for damages shall be authorized.

Notice also shall be served upon the surety from whom the bond, required by Section 167 of Title 19 of the Oklahoma Statutes, was purchased.  Proof of service of notice required by this subsection shall be attached to the petition filed by the aggrieved party.

R.L. 1910, § 5180.  Amended by Laws 1990, c. 185, § 1, eff. Sept. 1, 1990.

§12812.  Action against clerk of court for refusal or neglect to pay over money - Notice.

A.  If any clerk of a court shall neglect or refuse on demand made by the person entitled thereto, his agent or attorney of record, to pay over all money by him received in his official capacity, for the use of such persons, the party aggrieved by the alleged neglect or refusal may file an action in district court to recover damages sustained.

B.  Before an aggrieved party shall proceed in an action pursuant to this section, the party shall serve written notice upon the court clerk, detailing the alleged act or acts of negligence or refusal to act.  Said notice shall be served personally upon the court clerk at least twenty (20) days before a petition is filed in district court.  The court clerk shall have twenty (20) days from receipt of notice to perform the act which is the basis for the alleged neglect or refusal to act or to respond as to reason for failure to do so.  If the court clerk performs the act required within the twenty-day period no action for damages shall be authorized.

Notice also shall be served upon the surety from whom the bond, required by Section 167 of Title 19 of the Oklahoma Statutes, was purchased.  Proof of service of notice required by this subsection shall be attached to the petition filed by the aggrieved party.

R.L. 1910, § 5181.  Amended by Laws 1990, c. 185, § 2, eff. Sept. 1, 1990.

§12813.  Action for refusal to pay over money  Amount liable for.

When the cause of action provided for in Section 811 or 812 of this title is for refusing to pay over money collected, the sheriff or other officer or court clerk shall not be liable for a greater sum than the amount so withheld.

R.L. 1910, § 5182.  Amended by Laws 1990, c. 185, § 3, eff. Sept. 1, 1990.

§12814.  Execution to sheriff of another county.

When execution is issued to the sheriff of any county other than that in which the judgment was rendered, the sheriff shall endorse the date of its reception thereon, and following the time of its levy, shall return any such writ to the clerk of the court from which issued.

R.L. 1910, § 5183.  Amended by Laws 1981, c. 120, § 3.

§12815.  Return by sheriff of other county  Proof of timely mailing of return.

When execution shall be issued in any county in this state and directed to the sheriff of another county, it shall be lawful for such sheriff having the execution, after having discharged all the duties required of him by law, to inclose such execution, by mail, to the clerk of the court who issued the same.  On proof being made by such sheriff that the execution was mailed soon enough to have reached the office where it was issued within the time prescribed by law, the sheriff shall not be liable for any penalty or damages if it does not reach the office in due time.

R.L. 1910, § 5184.  Amended by Laws 1990, c. 185, § 4, eff. Sept. 1, 1990.

§12816.  Forwarding of proceeds of execution by mail.

No sheriff shall forward, by mail any money made on any such execution, unless he shall be especially instructed to do it by the plaintiff, his agent or attorney of record.

R.L. 1910, § 5185.  Amended by Laws 1990, c. 185, § 5, eff. Sept. 1, 1990.

§12817.  Sureties of sheriff made parties on amercement  Attachment.

Every surety of any sheriff or other officer may be made party to the judgment rendered as aforesaid, against the sheriff or other officer, by action, to be commenced and prosecuted as in other cases; but the goods and chattels, lands and tenements of any such surety shall not be liable to be taken on execution, when sufficient goods and chattels, lands and tenements of the sheriff or other officer against whom execution may be issued can be found to satisfy the same.  Nothing herein contained shall prevent either party from proceeding against such sheriff or other officer, by attachment, at his election.

R.L. 1910, § 5186.

§12818.  Officer or court clerk subject to action for neglect or refusal to perform certain duties may collect on original judgment.

In cases where a sheriff or other officer or court clerk may be subject to an action provided for in Section 811 or 812 of this title, and shall not have collected the amount of the original judgment, he shall be permitted to sue out an execution and collect the amount of said judgment, in the name of the original plaintiff, for his use.

R.L. 1910, § 5187.  Amended by Laws 1990, c. 185, § 6, eff. Sept. 1, 1990.

§12831.  Joint debtors or sureties may have contribution or repayment.

When property, liable to an execution against several persons, is sold thereon, and more than a due proportion of the judgment is laid upon the property of one of them, or one of them pays, without a sale, more than his proportion, he may regardless of the nature of the demand upon which the judgment was rendered, compel contribution from the others; and when a judgment is against several, and is upon an obligation of one of them, as security for another, and the surety pays the amount, or any part thereof, either by sale of his property or before sale, he may compel repayment from the principal; in such case, the person so paying or contributing, is entitled to the benefit of the judgment, to enforce contribution or repayment, if within ten (10) days after his payment he file with the clerk of court where the judgment was rendered, notice of his payment and claim to contribution or repayment.  Upon a filing of such notice, the clerk shall make an entry thereof in the margin of the docket.

R.L. 1910, § 5188.

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

A.  When two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them except as provided in this section.

B.  The right of contribution exists only in favor of a tort-feasor who has paid more than their pro rata share of the common liability, and the total recovery is limited to the amount paid by the tort-feasor in excess of their pro rata share.  No tort-feasor is compelled to make contribution beyond their pro rata share of the entire liability.

C.  There is no right of contribution in favor of any tort-feasor who has intentionally caused or contributed to the injury or wrongful death.

D.  A tort-feasor who enters into a settlement with a claimant is not entitled to recover contribution from another tort-feasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable.

E.  A liability insurer which by payment has discharged, in full or in part, the liability of a tort-feasor and has thereby discharged in full its obligation as insurer, is subrogated to the tort-feasor's right of contribution to the extent of the amount it has paid in excess of the tort-feasor's pro rata share of the common liability. This provision does not limit or impair any right of subrogation arising from any other relationship.

F.  This act does not impair any right of indemnity under existing law.  When one tort-feasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of the indemnity obligation.

G.  This act shall not apply to breaches of trust or of other fiduciary obligation.

H.  When a release, covenant not to sue, or a similar agreement is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death:

1.  It does not discharge any other tort-feasor from liability for the injury or wrongful death unless the other tort-feasor is specifically named; but it reduces the claim against others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is greater; and

2.  It discharges the tort-feasor to whom it is given from all liability for contribution to any other tort-feasor.

Added by Laws 1978, c. 78, § 1, eff. Oct. 1, 1978.  Amended by Laws 1980, c. 109, § 1, eff. Oct. 1, 1980; Laws 1995, c. 218, § 1, emerg. eff. May 23, 1995.

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

A.  A manufacturer shall indemnify and hold harmless a seller against loss arising out of a product liability action, except for any loss caused by the seller's negligence, intentional misconduct, or other act or omission, such as negligently modifying or altering the product, for which the seller is independently liable.

B.  For purposes of this section, "loss" includes court costs and other reasonable expenses, reasonable attorney fees, and any reasonable damages.

C.  Damages awarded by the trier of fact shall, on final judgment, be deemed reasonable for purposes of this section.

D.  For purposes of this section, a wholesale distributor or retail seller who completely or partially assembles a product in accordance with the manufacturer's instructions shall be considered a seller.

E.  The duty to indemnify under this section:

1.  Applies without regard to the manner in which the action is concluded; and

2.  Is in addition to any duty to indemnify established by law, contract, or otherwise.

F.  A seller eligible for indemnification under this section shall give reasonable notice to the manufacturer of a product claimed in a petition or complaint to be defective, unless the manufacturer has been served as a party or otherwise has actual notice of the action.

G.  A seller is entitled to recover from the manufacturer court costs and other reasonable expenses, reasonable attorney fees, and any reasonable damages incurred by the seller to enforce the seller's right to indemnification under this section.

H.  Nothing contained in this section shall operate to permit or require dismissal of a party with a right of indemnification arising under this section and nothing in this section shall be used as a basis for dismissal of a plaintiff's claim against the seller.

Added by Laws 2004, c. 368, § 8, eff. Nov. 1, 2004.

§12841.  Property, equitable interests subject to execution.

At any time after judgment, any property of the judgment debtor, including any equitable interest he may have, unless by law expressly excluded from being reached by creditors shall be subject to the payment of such judgment, by action, or as hereinafter provided.

R.L. 1910, § 5189.  Amended by Laws 1965, c. 300, § 1.

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

A.  At any time after a final judgment, order, or decree is filed, on application of the judgment creditor, a judge of the court in which the final judgment, order, or decree was rendered shall order the judgment debtor to appear before the judge, or a referee appointed by the judge, at a time and place specified in the order, to answer concerning the judgment debtor's property.  The judge may, by order, enjoin the judgment debtor from alienating, concealing, or encumbering any of the judgment debtor's nonexempt property pending the hearing and further order of the court.  Upon the judgment debtor's disclosure of any nonexempt property, proceedings as provided by law may be had for the application of the property to the satisfaction of the judgment.  If the judgment debtor is personally served with an order to appear pursuant to this section, the judge issuing the order may authorize the issuance of either a contempt citation or a bench warrant for the judgment debtor's failure to comply with the order.  If the judgment debtor is served by other than personal service, the judge may authorize the issuance of a contempt citation for the judgment debtor's failure to comply with the order.

B.  At any time after a final judgment, order, or decree is filed, an attorney for a judgment creditor may:

1.  Subpoena the judgment debtor, pursuant to Section 2004.1 of this title, to appear at any place in the county in which the judgment, order, or decree was rendered, or the judgment debtor's county of residence, to answer concerning the judgment debtor's property, income, or liabilities, or to produce documents concerning the debtor's property, income, or liabilities.  The judgment debtor shall not be entitled to an attendance fee or mileage;

2.  Subpoena any person, pursuant to Section 2004.1 of this title, to appear at any place in the county where the person is located, or where service may otherwise be had on the person, to answer concerning the judgment debtor's property, income, or liabilities, or to produce documents concerning the judgment debtor's property, income, or liabilities; or

3.  Serve interrogatories, requests for admissions, or request for production of documents, pursuant to Section 3224 et. seq. of this title, upon the judgment debtor, concerning the judgment debtor's property, income, or liabilities.

C.  Failure by any person, without good cause, to obey a subpoena issued and served pursuant to this section by personal service may be deemed a contempt of the court from which the subpoena issued.

D.  In addition to sums otherwise due under a final judgment, order, or decree if an order, subpoena, or discovery request is served upon the judgment debtor or any person under this section, the judgment creditor shall be entitled to costs of service and, if represented by an attorney, to an attorney fee of Seventy-five Dollars ($75.00); provided, attorney fees awarded pursuant to this subsection relating to a judgment, order, or decree shall not exceed One Hundred Fifty Dollars ($150.00) in any calendar year.

R.L.1910, § 5190.  Amended by Laws 1965, c. 300, § 2; Laws 1999, c. 293, § 8, eff. Nov. 1, 1999; Laws 2001, c. 177, § 1, eff. Nov. 1, 2001; Laws 2004, c. 450, § 2, eff. Nov. 1, 2004.

§12-843.  Repealed by Laws 1965, c. 300, § 10.

§12844.  Arrest of debtor in danger of leaving state, concealing himself or transferring assets  Undertaking  Commitment.

When by affidavit of the judgment creditor or otherwise it shall be made to appear to the satisfaction of the judge of any court of record having civil jurisdiction in a county wherein the defendant may be arrested, that there is danger of the judgment debtor leaving the state, or of concealing himself, or of his removal or transfer of his assets outside the state, the judge shall issue a warrant requiring the sheriff of the county to arrest the judgment debtor and bring him before such judge.  Upon being brought before the judge, the judgment debtor shall be examined on oath and other witnesses on either side may be summoned by the judge and examined upon oath.  If on such examination, it appears that the judgment debtor has in his possession or under his control property which he unjustly refuses to apply to the satisfaction of the creditor's judgment, the judge may order application thereof as provided in 12 O.S. 1961, Section 850.  In addition, if it shall clearly appear on the examination that there is danger of the judgment debtor leaving the state or of his removing or transferring his property therefrom, the judge shall order him to enter into an undertaking, in such sum as the judge may prescribe with one or more sureties that he will from time to time attend for examination before the judge or a referee as may be directed.  In default of entering into such an undertaking, he may be committed to the jail of the county, by warrant of the judge, as for contempt.

R.L. 1910, § 5192.  Amended by Laws 1965, c. 300, § 3.

§12845.  Defendant must answer questions  Answers inadmissible in prosecution for fraud.

No person shall, on examination pursuant to this article, be excused from answering any question on the ground that his examination will tend to convict him of a fraud; but his answer shall not be used as evidence against him in a prosecution for such fraud.

R.L. 1910, § 5193.

§12846.  Debtor of defendant may pay execution  Sheriff's receipt as discharge.

After the issuing of execution against property, any person indebted to the judgment debtor may pay to the sheriff the amount of his debt, or so much thereof as may be necessary to satisfy the execution; and the sheriff's receipt shall be a sufficient discharge for the amount so paid, or directed to be credited by the judgment creditor on the execution.

R.L. 1910, § 5194.

§12-847.  Repealed by Laws 1965, c. 297, § 17.

§12848.  Evidence on inquiry  Witnesses.

Witnesses may be required, upon the order of the judge, to appear and testify upon any proceedings herein provided in the same manner as upon the trial of an issue.

R.L. 1910, § 5196.  Amended by Laws 1965, c. 300, § 4.

§12849.  Examination under oath  Answer by corporation.

The party or witness may be required to attend before the judge, or before a referee appointed by the judge.  When a corporation is required to attend, the answers on its behalf shall be made by an officer thereof.  All examinations and answers before a judge or a referee must be on oath.

R.L. 1910, § 5197.  Amended by Laws 1965, c. 300, § 5.

§12850.  Order for application of property to satisfaction of judgment  Contempt proceedings  Installment payments from earnings  Modification of order.

The judge after the hearing provided herein may order any property of the judgment debtor, not exempt by law, in his possession or under his control to be applied toward the satisfaction of the judgment, and may enforce the same by proceedings for contempt in case of refusal or disobedience.

The judge may further order the judgment debtor to pay to the judgment creditor or apply on the judgment in installments, such portion of his nonexempt income, however or wherever earned or acquired, as the court may deem proper after due regard for any payments required to be made by the judgment debtor by virtue of law or prior order of a court or under wage assignments outstanding.  Where the judgment debtor claims or is proved to be rendering services to or employed by a relative or other person or by a corporation owned or controlled by a relative or other person, without salary or compensation, or at a salary or compensation so inadequate as to satisfy the court that such salary or compensation is merely colorable and designed to defraud or impede the creditors of such debtor, the court may direct such debtor to make payments on account of the judgment, in installments, based upon a reasonable value of the services rendered by such judgment debtor under his said employment or upon said debtor's then earning ability.  The court may, from time to time, modify an order made under this section upon application of either party upon notice to the other.  A failure or neglect to comply with an order of direction of the court, shall be punished as for contempt.

R.L. 1910, § 5198.  Amended by Laws 1965, c. 300, § 6.

§12-851.  Repealed by Laws 1965, c. 301, § 3.

§12852.  Receiver may be appointed  Forbidding transfer of property.

The judge may also, by order, appoint the sheriff of the proper county, or other suitable person, a receiver of the property of the judgment debtor, in the same manner and with like authority as if the appointment was made by the court.  The judge may also, by order, forbid a transfer or other disposition of the property of the judgment debtor, not exempt by law, and any interference therewith.

R.L. 1910, § 5200.

§12853.  Sale of equitable interests in realty.

If it shall appear that the judgment debtor has any equitable interest in real estate in the county in which proceedings are had, as mortgagor or mortgagee, or otherwise, and the interest of said debtor can be ascertained as between himself and the person or persons holding the legal estate, or the person or persons having a lien on or interest in the same, without controversy as to the interest of such person or persons holding such legal estate or interest therein, or lien on the same, the receiver may be ordered to sell and convey such real estate, or the debtor's interest therein.  Such sale shall be conducted in all respects in the same manner as is provided by this code for the sale of real estate upon execution; and the proceedings of the sale shall, before the execution of the deed, be approved by the court in which the judgment was rendered, or the transcript has been filed as aforesaid, as in case of sale upon execution.

R.L. 1910, § 5201.

§12854.  Sheriff as receiver  Bond of receiver  Other person appointed receiver.

If the sheriff shall be appointed receiver, he and his sureties shall be liable on his official bond for the faithful discharge of his duties as receiver, and no additional oath shall be required of him; if any other person shall be appointed receiver, he shall give a written undertaking, in such sum as shall be prescribed by the judge, with one or more sureties, to the effect that he will faithfully discharge the duties of receiver, and he shall also take an oath to the same effect before acting as such receiver.  The undertaking mentioned in this section shall be to the State of Oklahoma, and actions may be prosecuted for a breach thereof, by any person interested, in the same manner as upon a sheriff's official bond.

R.L. 1910, § 5202.

§12855.  Rights and powers of receiver.

The receiver shall be vested with the property and effects and rights in action of the judgment debtor, not exempt by law, or such part thereof as the court or judge may order, and may sue for, collect, and recover, and dispose of the same, and apply the proceeds according to the order of the court or judge, and generally may do such acts concerning the property as the court or judge may authorize.

R.L. 1910, § 5203.

§12856.  Receiver entitled to possession of property.

The court or judge may order the delivery, to the receiver, by the judgment debtor, or any other person in whose possession the same may be, of any notes, bills, accounts, contracts, books or other evidence of indebtedness or right in action, of the judgment debtor, and may enforce such order by attachment, as for a contempt.

R.L. 1910, § 5204.

§12857.  Continuance.

The judge or referee shall have power to continue his proceedings, from time to time, until they shall be completed.

R.L. 1910, § 5205.  Amended by Laws 1965, c. 300, § 7.

§12858.  Reference.

The judge may, in his discretion, order a reference to a referee, agreed upon or appointed by him, to report the evidence or the facts.

R.L. 1910, § 5206.

§12859.  Contempts.

If any person, party or witness disobey an order of the judge or referee, duly served, such person, party or witness may be punished by the judge, as for a contempt.

R.L. 1910, § 5207.

§12860.  Form, service and filing of orders.

The orders mentioned herein shall be in writing, and signed by the judge making the same, and shall be served as a summons in other cases.  The judge shall reduce all his orders to writing, which, together with a minute of his proceedings, signed by himself, shall be filed with the clerk of the court of the county in which the judgment is rendered, or the transcript of the justice filed, and the clerk shall enter on his execution docket the time of filing the same.

R.L. 1910, § 5208.  Amended by Laws 1965, c. 300, § 8.

§12861.  Fees allowed taxed as costs.

The judge shall allow to clerks, sheriffs, referees, receivers and witnesses such compensation as is allowed for like services in other cases, to be taxed as costs in the case, and shall enforce, by order, the collection thereof, from such party or parties as ought to pay the same.

R.L. 1910, § 5209.

§12862.  Clerk's fees.

The clerk shall be allowed such fees for services as are allowed for similar services in other cases.

R.L. 1910, § 5210.  Amended by Laws 1965, c. 300, § 9.

§12-863.  Repealed by Laws 1965, c. 297, § 17.

§12-864.  Repealed by Laws 1965, c. 297, § 17.

§12-865.  Repealed by Laws 1965, c. 297, § 17.

§12-891.  Repealed by Laws 1947, p. 188, § 248.

§12-892.  Repealed by Laws 1947, p. 188, § 248.

§12-893.  Repealed by Laws 1947, p. 188, § 248.

§12-894.  Repealed by Laws 1947, p. 188, § 248.

§12-895.  Repealed by Laws 1947, p. 188, § 248.

§12-896.  Repealed by Laws 1947, p. 188, § 248.

§12901.  Execution for delivery of property.

If the execution be for the delivery of the possession of real or personal property, it shall require the officer to deliver the same, particularly describing the property, to the party entitled thereto, and may, at the same time, require the officer to satisfy any costs or damages, recovered in the same judgment, out of the goods and chattels of the party against whom it was rendered; and, for the want of such goods and chattels, then out of the lands and tenements; and in this respect it shall be deemed an execution against the property.

R.L. 1910, § 5214.

§12902.  Enforcing judgment in other cases.

When the judgment is not for the recovery of money or real property, the same may be enforced by attachment, by the court rendering judgment, upon motion made, or by a rule of the court upon the defendant; but in either case, notice of the motion or a service of a copy of the rule shall be made on the defendant, a reasonable time before the order of attachment is made.

R.L. 1910, § 5215.

§12903.  Execution must conform to judgment.

In special cases not hereinbefore provided for, the execution shall conform to the judgment or order of the court.  When a judgment for any specified amount, and also for the sale of specific real or personal property, shall have been rendered, and an amount sufficient to satisfy the amount of the debt or damages and costs, be not made from the sale of property specified, an execution may issue for the balance, as in other cases.

R.L. 1910, § 5216.

§12-904.  Repealed by Laws 1974, c. 54, § 1.

§12-905.  Repealed by Laws 1974, c. 54, § 1.

§12-906.  Repealed by Laws 1974, c. 54, § 1.

§12-907.  Repealed by Laws 1974, c. 54, § 1.

§12-908.  Repealed by Laws 1974, c. 54, § 1.

§12909.  Filing to be without charge.

Any document required to be filed under Section 759 of this title in the office of the county clerk, bearing the filing stamp of the court clerk of the county wherein such filing is to be made, and duly certified, shall be filed without charge.

Added by Laws 1981, c. 120, § 4.  Amended by Laws 1982, c. 6, § 1, emerg. eff. March 11, 1982.

§12-921.  Repealed by Laws 1968, c. 359, § 9, eff. July 1, 1968.

§12-921.1.  Legal Services Revolving Fund.

A.  The Supreme Court shall allocate funds from the Legal Services Revolving Fund to provide legal representation to indigent persons in this state in civil legal matters to the extent that funds are available from the Legal Services Revolving Fund.  The Administrative Director of the Courts shall be responsible for allocating these funds pursuant to contract with eligible regional or statewide organizations which ordinarily render legal services to indigent persons.  The funds shall be allocated for the benefit of indigent clients in all seventy-seven (77) counties of Oklahoma on a pro rata basis, utilizing an allocation formula that distributes funds according to the number of residents whose incomes are less than the official United States federal poverty guidelines, based on the United States census data, as a percentage of the total number of these residents in this state and which reserves funds for services for specialized areas of law.

B.  As used in this section, "eligible organization" means an entity that:

1.  Is organized as a not-for-profit corporation that is tax exempt pursuant to the provisions of paragraph (3) of subsection (c) of Section 501 of the United States Internal Revenue Code of 1986, as amended;

2.  Has as its primary purpose the furnishing of legal assistance to eligible clients;

3.  Has a board of directors or other governing body the majority of which is comprised of attorneys who are admitted to practice in this state and who are approved to serve on such body by the governing bodies of the state or county bar associations and has at least one-third of the membership who, when selected, are eligible clients; and

4.  Is incorporated pursuant to any applicable laws of this state.

C.  As a condition of the contract, the organization shall be required to determine the eligibility of any person seeking legal services pursuant to this section.

D.  The Administrative Director of the Courts shall prepare annually and distribute to the Judiciary committees of the Senate and the House of Representatives, the Legal Services Committee of the Oklahoma Bar Association, and the Supreme Court a report detailing expenditures of funds for representation to indigent persons in civil legal matters.

E.  Each organization that contracts to provide legal services pursuant to subsection A of this section shall maintain books and records in accordance with generally accepted accounting principles.  The books and records shall account for the receipt and expenditure of all funds paid pursuant to contract.  Books and records shall be maintained for a period of five (5) years from the close of the fiscal year of the contract period.  The State Auditor and Inspector shall audit each organization annually.  The necessary expense of each audit, including, but not limited to, the cost of typing, printing, and binding, shall be paid from funds of the organization.  In lieu of the audit by the State Auditor and Inspector, the organization may submit an audit prepared by an independent auditing firm for compliance with federal auditing requirements.  A copy of the audit prepared by or submitted to the State Auditor and Inspector shall be submitted to the Administrative Director of the Courts.

F.  Funds for representation of indigent persons in civil legal matters shall be limited to family law legal services with priority given to cases involving domestic and family violence and abuse.  In no event shall such funds ever be used for any of the following activities:

1.  Provision of legal services in a fee-generating case unless appropriate private representation is not available;

2.  Provision of legal services in any criminal proceeding;

3.  Provision of legal services collaterally attacking the validity of a criminal conviction;

4.  Provision of legal services which seek to procure an abortion;

5.  Provision of legal representation relating to the desegregation of any school or school system;

6.  Provision of legal services involving any proceeding derived from the Military Selective Service Act;

7.  Provision of legal services to advocate for or oppose any altering of a legislative, judicial, or elective district at any level of government; and

8.  Provision of legal services to challenge a census of the United States of America.

G.  There is hereby created in the State Treasury a revolving fund for the Oklahoma Supreme Court to be designated the "Legal Services Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Oklahoma Supreme Court for indigent legal services from funds appropriated to the fund, federal funds, gifts, donations, and grants.  All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Administrative Director of the Courts for the purpose of providing legal services to indigent clients pursuant to the provisions of this section.  Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

Added by Laws 1996, c. 361, § 1, eff. July 1, 1996.  Amended by Laws 1998, c. 201, § 5, emerg. eff. May 11, 1998.

§12922.  Affidavit in forma pauperis.

The affidavit provided for in the preceding section shall be in the form following, and attached to the petition, viz.:

State of Oklahoma, ____________ County, ____________, in the district court of said county:  I do solemnly swear that the cause of action set forth in the petition hereto prefixed is just, and I (or we) do further swear that by reason of my (or our) poverty, I am unable to give security for costs.

R.L. 1910, § 5223.

§12923.  False swearing in such case.

Any person willfully swearing falsely in making the affidavit aforesaid, shall, on conviction, be adjudged guilty of the felony of perjury, and punished as the law prescribes.

R.L. 1910, § 5224.  Amended by Laws 1997, c. 133, § 131, eff. July 1, 1999.

NOTE:  Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 131 from July 1, 1998, to July 1, 1999.

§12-924.  Repealed by Laws 1969, c. 202, § 4, eff. April 18, 1969.

§12-925.  Repealed by Laws 1969, c. 202, § 4, eff. April 18, 1969.

§12926.  Costs where defendant disclaims.

Where defendants disclaim having any title or interest in land or other property, the subject matter of the action, they shall recover their costs, unless for special reasons the court decide otherwise.

R.L. 1910, § 5227.

§12927.  Certain costs taxed at discretion of court.

Unless otherwise provided by statute, the costs of motions, continuances, amendments and the like, shall be taxed and paid as the court, in its discretion, may direct.

R.L. 1910, § 5228.

§12928.  Costs to successful plaintiff as matter of course.

Where it is not otherwise provided by this and other statutes, costs shall be allowed of course to the plaintiff, upon a judgment in his favor, in actions for the recovery of money only, or for the recovery of specific, real or personal property.

R.L. 1910, § 5229.

§12929.  Costs to successful defendant as matter of course.

Costs shall be allowed of course to any defendant, upon a judgment in his favor in the actions mentioned in the last section.

R.L. 1910, § 5230.

§12930.  Costs in other cases  Apportionment of costs  Discretion of court.

In other actions, the court may award and tax costs, and apportion the same between the parties on the same or adverse sides, as in its discretion it may think right and equitable.

R.L. 1910, § 5231.

§12931.  Several actions on joint instrument.

Where several actions are brought on one bill of exchange, promissory note or other obligation, or instrument in writing, against several parties who might have been joined as defendants in the same action, no costs shall be recovered by the plaintiff in more than one of such actions, if the parties proceeded against in the other actions were, at the commencement of the previous action, openly within the state.

R.L. 1910, § 5232.

§12-932.  Repealed by Laws 1971, c. 105, § 6, eff. Oct. 1, 1971.

§12-933.  Repealed by Laws 1991, c. 165, § 2, eff. Sept. 1, 1991.

§12-934.  Repealed by Laws 1991, c. 165, § 2, eff. Sept. 1, 1991.

§12935.  Deposit insufficient  Apportionment to claimants.

Whenever the amount of money deposited as security for costs in any such action or proceeding, or whenever the amount collected therein shall be insufficient, at the termination of the action or proceeding, to pay all the costs in such action or proceeding, then the amount so deposited or collected shall be apportioned ratably among the different officers and persons entitled thereto in the same proportion that the amount due each officer or person bears to the whole amount so deposited or collected.

Added by Laws 1913, c. 14, p. 15, § 2.

§12936.  Attorney fees taxed as costs in actions for labor or services rendered or on certain accounts, bills and contracts.

In any civil action to recover for labor or services rendered, or on an open account, a statement of account, account stated, note, bill, negotiable instrument, or contract relating to the purchase or sale of goods, wares, or merchandise, unless otherwise provided by law or the contract which is the subject of the action, the prevailing party shall be allowed a reasonable attorney fee to be set by the court, to be taxed and collected as costs.

Added by Laws 1961, p. 64, § 1, emerg. eff. April 13, 1961.  Amended by Laws 1967, c. 135, § 1, emerg. eff. April 27, 1967; Laws 1970, c. 282, § 1; Laws 2002, c. 468, § 5, eff. Nov. 1, 2002.

§12937.  Attorney fees taxed as costs in actions to collect on checks.

In any civil action to enforce payment of or to collect upon a check, draft or similar bill of exchange drawn on a bank or otherwise, payment upon which said instrument has been refused because of insufficient funds or no account, the party prevailing on such cause of action shall be awarded a reasonable attorney's fee, such fee to be assessed by the court as costs against the losing party; provided, that said fee shall not be allowed unless the plaintiff offers proof during the trial of said action that prior to the filing of the petition in the action demand for payment of the check, draft or similar bill of exchange had been made upon the defendant by registered or certified mail not less than ten (10) days prior to the filing of such suit.

Added by Laws 1965, c. 466, § 1, emerg. eff. July 12, 1965.

§12938.  Attorney fees taxed as costs in certain actions relating to public utilities.

In any civil action or proceeding to recover for the overpayment of any charge for water, sanitary sewer, garbage, electric or natural gas service from any person, firm or corporation, or to determine the right of any person, firm or corporation to receive any such service, the prevailing party shall be allowed a reasonable  attorney fee to be set by the court, to be taxed and collected as  costs.

Added by Laws 1972, c. 120, § 1, eff. Oct. 1, 1972.

§12939.  Attorney fees taxed as costs in actions for breach of an express warranty.

In any civil action brought to recover damages for breach of an express warranty or to enforce the terms of an express warranty made under Section 2313 of Title 12A of the Oklahoma Statutes, against the seller, retailer, manufacturer, manufacturer's representative or distributor, the prevailing party shall be allowed a reasonable attorney fee to be set by the court, which shall be taxed and collected as costs.

Added by Laws 1975, c. 168, § 1.

§12940.  Negligent or willful injury to property  Attorney's fees and costs  Offer and acceptance of judgment.

A.  In any civil action to recover damages for the negligent or willful injury to property and any other incidental costs related to such action, the prevailing party shall be allowed reasonable attorney's fees, court costs and interest to be set by the court and to be taxed and collected as other costs of the action.

B.  Provided that, the defendant in such action may, not less than ten (10) days after being served with summons, serve upon the plaintiff or his attorney a written offer to allow judgment to be taken against him.  If the plaintiff accepts the offer and gives notice thereof to the defendant or his attorney, within five (5) days after the offer was served, the offer, and an affidavit that the notice of acceptance was delivered within the time limited, may be filed by the plaintiff, or the defendant, verified by affidavit.  The offer and acceptance shall be noted in the journal, and judgment shall be rendered accordingly.  If the notice of acceptance is not given in the period limited, the offer shall be deemed withdrawn, and shall not be given in evidence or mentioned at the trial.  If upon the action being adjudicated the judgment rendered is for the defendant or for the plaintiff and is for a lesser amount than the defendant's offer, then the plaintiff shall not be entitled to recover attorney's fees, court costs and interest.  If the judgment rendered is for the plaintiff, and is for the same amount as the defendant's offer, then the plaintiff and defendant shall incur their own attorney's fees, court costs and interest.  And if the judgment rendered is for the plaintiff, and is for a larger amount than the defendant's offer, then the plaintiff shall be entitled to recover attorney's fees, court costs and interest.

Added by Laws 1979, c. 57, § 1, eff. Oct. 1, 1979.

§12941.  Actions by state entities  Court costs, witness fees and attorney fees.

A.  The defendant in any civil action brought in any court of this state by any state agency, board, commission, department, authority or bureau authorized to make rules or formulate orders shall be entitled to recover against such state entity court costs, witness fees and reasonable attorney fees if the court determines that the action was brought without reasonable basis or is frivolous.  This subsection shall apply to any action commenced on or after October 1, 1982.

B.  The respondent in any proceeding brought before any state administrative tribunal by any state agency, board, commission, department, authority or bureau authorized to make rules or formulate orders shall be entitled to recover against such state entity court costs, witness fees and reasonable attorney fees if the tribunal or a court of proper jurisdiction determines that the proceeding was brought without reasonable basis or is frivolous; provided, however, if the tribunal is required by law to act upon complaints and determines that the complaint had no reasonable basis or is frivolous, the tribunal may assess the respondent's costs, witness fees and reasonable attorney fees against the complainant. This subsection shall apply to any proceeding before any state administrative tribunal commenced on or after November 1, 1987.

Added by Laws 1982, c. 38, § 1, operative Oct. 1, 1982.  Amended by Laws 1987, c. 127, § 1, eff. Nov. 1, 1987.

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

A judge of any court of this state may award the following as costs:

1.  Any fees assessed by the court clerk or the clerk of the appellate court;

2.  Reasonable expenses for the giving of notice, including expenses for service of summons and other judicial process and expenses for publication;

3.  Statutory witness fees and reasonable expenses for service of subpoenas;

4.  Costs of copying papers necessarily used at trial, limited to the amount authorized by law.  If no amount is specified, costs of copying papers shall be limited to ten cents ($0.10) per page;

5.  Transcripts of the trial or another proceeding that the court determines are necessary to resolve the case;

6.  Reasonable expenses for taking and transcribing deposition testimony, for furnishing copies to the witness and opposing counsel, and for recording deposition testimony on videotape, but not to exceed One Hundred Dollars ($100.00) per two-hour videotape, unless the court determines that a particular deposition was neither reasonable nor necessary; and

7.  Any other expenses authorized by law to be collected as costs.

Added by Laws 1991, c. 165, § 1, eff. Sept. 1, 1991.  Amended by Laws 1997, c. 403, § 4, eff. Nov. 1, 1997.

§12951.  Appellate jurisdiction of the district court.

(a)  A judgment rendered, or final order made, by any tribunal, board or officer exercising judicial functions, and inferior in jurisdiction to the district court, may be reversed, vacated or modified by the district court except where an appeal to some other court is provided by law.

(b)  Unless otherwise provided by law, proceedings for review of a judgment or final order shall be commenced by filing a petition in the district court of the county where the inferior tribunal, board or officer rendered the order within thirty (30) days of the date that a copy of the judgment or final order is mailed to the appellant, as shown by the certificate of mailing attached to the judgment or final order.

R.L. 1910, § 5235.  Amended by Laws 1998, c. 374, § 1, eff. Nov. 1, 1998.

§12952.  Jurisdiction of Supreme Court.

(a) The Supreme Court may reverse, vacate or modify judgments of the district court for errors appearing on the record, and in the reversal of such judgment may reverse, vacate or modify any intermediate order involving the merits of the action, or any portion thereof.

(b) The Supreme Court may reverse, vacate or modify any of the following orders of the district court, or a judge thereof:

1.  A final order;

2.  An order that discharges, vacates or modifies or refuses to vacate or modify a provisional remedy which affects the substantial rights of a party; or grants, refuses, vacates, modifies or refuses to vacate or modify an injunction; grants or refuses a new trial; or vacates or refuses to vacate a final judgment;

3.  Any other order, which affects a substantial part of the merits of the controversy when the trial judge certifies that an immediate appeal may materially advance the ultimate termination of the litigation; provided, however, that the Supreme Court, in its discretion, may refuse to hear the appeal.  If the Supreme Court assumes jurisdiction of the appeal, it shall indicate in its order whether the action in the trial court shall be stayed or shall continue.

The failure of a party to appeal from an order that is appealable under either subdivision 2 or 3 of subsection (b) of this section shall not preclude him from asserting error in the order after the judgment or final order is rendered.

R.L. 1910, § 5236.  Amended by Laws 1955, p. 135, § 1; Laws 1968, c. 290, § 1, eff. Jan. 13, 1969.

§12953.  Final order defined.

An order affecting a substantial right in an action, when such order, in effect, determines the action and prevents a judgment, and an order affecting a substantial right, made in a special proceeding or upon a summary application in an action after judgment, is a final order, which may be vacated, modified or reversed, as provided in this article.

R.L. 1910, § 5237.

§12-954.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-955.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-956.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-956.1.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-956.2.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-956.3.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-956.4.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-956.5.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-956.6.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-956.7.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-956.8.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-956.9.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-956.10.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-956.11.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-957.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-958.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-959.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-960.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-961.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-962.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-963.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-964.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-965.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-966.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-967.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-968.  Repealed by Laws 1990, c. 251, § 20, eff. Jan. 1, 1991.

§12-968.1.  Repealed by Laws 1993, c. 351, § 29, eff. Oct. 1, 1993.

§12-969.  Repealed by Laws 1990, c. 251, § 20, eff. Jan. 1, 1991.

§12-969.1.  Repealed by Laws 1993, c. 351, § 29, eff. Oct. 1, 1993.

§12-970.  Repealed by Laws 1990, c. 251, § 20, eff. Jan. 1, 1991.

§12-970.1.  Repealed by Laws 1993, c. 351, § 29, eff. Oct. 1, 1993.

§12-971.  Repealed by Laws 1990, c. 251, § 20, eff. Jan. 1, 1991.

§12-971.1.  Repealed by Laws 1993, c. 351, § 29, eff. Oct. 1, 1993.

§12-972.  Repealed by Laws 1968, c. 290, § 4, eff. Jan. 13, 1969.

§12-973.  Repealed by Laws 1968, c. 295, § 6, eff. Jan. 13, 1969.

§12-974.  Repealed by Laws 1990, c. 251, § 20, eff. Jan. 1, 1991.

§12-974.1.  Repealed by Laws 1993, c. 351, § 29, eff. Oct. 1, 1993.

§12975.  Judgment on appeal  Mandate to issue to lower court.

When a judgment or final order shall be reversed on appeal, either in whole or in part, the court reversing the same shall proceed to render such judgment as the court below should have rendered, or remand the cause to the court below for such judgment.  The court reversing such judgment or final order shall not issue execution in causes that are removed before them on error, on which they pronounce judgment as aforesaid, but shall send a special mandate to the court below as the case may require, to award execution thereupon; and such court, to which such special mandate is sent, shall proceed in such cases in the same manner as if such judgment or final order had been rendered therein.  In cases decided by the Supreme Court, when the facts are agreed to by the parties or found by the court below, or a referee, and when it does not appear, by exception or otherwise, that such findings are against the weight of the evidence in the case, the Supreme Court shall send a mandate to the court below directing it to render such judgment in the premises as it should have rendered on the facts agreed to or found in the case.

R.L. 1910, § 5258.

§12-976.  Repealed by Laws 1968, c. 290, § 3, eff. Jan. 13, 1969.

§12-977.  Repealed by Laws 1968, c. 290, § 3, eff. Jan. 13, 1969.

§12978.  Costs on appeal.

When a judgment or final order is reversed, the plaintiff in error shall recover his costs, including the costs of the transcript of the proceedings, or casemade, filed with the petition in error; and when reversed in part and affirmed in part, costs shall be equally divided between the parties.

R.L. 1910, § 5261.

§12978.1.  Recovery of costs for review of certain interlocutory orders on appeal or on certiorari.

When an interlocutory order of a district court is reviewed on appeal or on certiorari and the interlocutory order is reversed, the prevailing party shall recover his costs, exclusive of attorney fees, including the cost deposit and the costs of preparing the record on appeal or on certiorari, regardless of the ultimate disposition of the action; and when the interlocutory order is reversed in part and affirmed in part, the costs shall be equally divided between the parties.

Added by Laws 1980, c. 14, § 1.

§12979.  Neglect of clerk not error.

A mistake, neglect or omission of the clerk shall not be ground of error, until the same has been presented and acted upon in the court in which the mistake, neglect or omission occurred.

R.L. 1910, § 5262.

§12980.  Writs of error and certiorari abolished.

Writs of error and certiorari, to reverse, vacate or modify judgments or final orders in civil cases, are abolished; but courts shall have the same power to compel complete and perfect transcripts of the proceedings containing the judgment or final order sought to be reversed, to be furnished as they heretofore had under writs of error and certiorari.

R.L. 1910, § 5263.

§12-981.  Repealed by Laws 1968, c. 295, § 6, eff. Jan. 13, 1969.

§12-982.  Repealed by Laws 1968, c. 295, § 6, eff. Jan. 13, 1969.

§12-983.  Repealed by Laws 1970, c. 289, § 3, eff. July 1, 1970.

§12984.  Applicable to what courts.

The provisions of this article shall apply to all the courts of record of the state so far as the same may be applicable to the judgments or final orders of such courts.

R.L. 1910, § 5275.

§12985.  Who need not give bond on appeal.

Executors, administrators and guardians who have given bond in this state, with sureties, according to law, are not required to give an undertaking on appeal or proceedings in error.

R.L. 1910, § 5276.

§12-986.  Repealed by Laws 1968, c. 295, § 6, eff. Jan. 13, 1969.

§12-987.  Repealed by Laws 1961, p. 64, § 1.

§12-988.  Repealed by Laws 1970, c. 88, § 2.

§12-989.  Repealed by Laws 1970, c. 88, § 2.

§12-990.  Repealed by Laws 1990, c. 251, § 20, eff. Jan. 1, 1991.

§12990.1.  Jurisdiction of certain appeals  Time limit for counterappeals and crossappeals.

When a petition in error is timely filed, the Supreme Court shall have jurisdiction of the entire action that is the subject of the appeal.  No additional jurisdictional steps shall be necessary to enable the Supreme Court to rule upon any errors made in the trial of the action which are asserted by any party to the appeal and involve any other party to the appeal.

The Supreme Court may prescribe by rule the time limits for filing counterappeals and crossappeals.

Added by Laws 1984, c. 31, § 1, eff. Nov. 1, 1984.

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

A.  Post-Trial Motions Filed Within Ten (10) Days.  When a post-trial motion for a new trial, for judgment notwithstanding the verdict, or to correct, open, modify, vacate or reconsider a judgment, decree or final order, other than a motion only involving costs or attorney fees, is filed within ten (10) days after the judgment, decree or final order is filed with the court clerk, an appeal shall not be commenced until an order disposing of the motion is filed with the court clerk.  The unsuccessful party may then appeal from the order disposing of the motion within thirty (30) days after the date such order was filed.  If the decision on the motion was against the moving party, the moving party may appeal from the judgment, decree or final order, from the ruling on the motion, or from both, in one appeal, within thirty (30) days after the filing of the order disposing of the motion.  Successive appeals from the original judgment, decree or final order and the order disposing of the motion shall not be allowed.

B.  Post-Trial Motions Filed After Ten (10) Days.  The time to appeal from a judgment, decree or final order is not extended or affected by the filing of a motion to correct, open, modify, vacate or reconsider the judgment, decree or final order that is filed more than ten (10) days after the judgment, decree or final order is filed with the clerk of the trial court, and an appeal that is commenced before such a motion is filed is not premature.  If the motion is filed after a petition in error is filed, the moving party shall advise the Supreme Court the motion was filed.  If a petition in error is filed after such a motion is filed, the appellant shall advise the Supreme Court in the petition in error that the motion is pending.  When the trial court disposes of the motion where a petition in error has been filed, the successful party shall advise the Supreme Court of the action taken on the motion.

C.  If the appellant did not prepare the judgment, decree, or final order, and Section 696.2 of this title required a copy of the judgment, decree, or final order to be mailed to the appellant, and the court records do not reflect the mailing of a copy of the judgment, decree, or final order to the appellant within three (3) days, exclusive of weekends and holidays, after the filing of the judgment, decree, or final order, all times referred to in this section shall run from the earliest date on which the court records show that a file-stamped copy of the judgment, decree, or final order was mailed to the appealing party, rather than from the date of filing.

D.  Costs and Attorney Fees.  The filing of a motion for costs or attorney fees shall not extend or affect the time to appeal.

Added by Laws 1993, c. 351, § 19, eff. Oct. 1, 1993.  Amended by Laws 1997, c. 102, § 6, eff. May 1, 1997; Laws 2004, c. 181, § 4, eff. Nov. 1, 2004.

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

A.  Where only the payment of money is awarded, no execution or other proceeding shall be taken for the enforcement of the judgment, decree or final order until ten (10) days after the judgment, decree or order is filed with the court clerk.  Asset hearing proceedings shall not be stayed under this section.

B.  Where relief other than the payment of money is awarded or where relief in addition to the payment of money is awarded, the enforcement of the judgment, decree or final order shall be stayed until ten (10) days after the judgment, decree or order is filed with the court clerk, but the court, in its discretion, may impose any conditions on the parties that are necessary for the protection of the property or interests that are the subject of the action, including distribution of part or all of the property involved where the court requires the filing of a superseded bond.

C.  This section shall not apply in actions for divorce, separate maintenance, annulment, post-decree matrimonial proceedings, paternity, custody, adoption, termination of parental rights, juvenile matters, probate proceedings, habeas corpus proceedings, special executions in foreclosures, conservatorship or guardianship proceedings, mental health, quiet title actions, and partition proceedings or actions, involving temporary or permanent injunctions, proceedings under the Small Claims Procedure Act, writs of assistance in foreclosure, and other real property actions, post-judgment replevin, and forcible entry and detainer proceedings.  The court, in its discretion, may impose any conditions that are necessary to protect the interests of the parties in such actions.

D.  It shall be the responsibility of the judgment creditor or counsel for the judgment creditor to ensure that no execution or other proceeding for enforcement of the judgment is sought or taken within the ten-day stay.

Added by Laws 1993, c. 351, § 20, eff. Oct. 1, 1993.  Amended by Laws 1994, c. 343, § 3, eff. Sept. 1, 1994.

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

A.  Except as provided in subsection C of this section, a party may obtain a stay of the enforcement of a judgment, decree or final order:

1.  While a post-trial motion is pending;

2.  During the time in which an appeal may be commenced; or

3.  While an appeal is pending.

Such stay may be obtained by filing with the court clerk a written undertaking and the posting of a supersedeas bond or other security as provided in this section.  In the undertaking the appellant shall agree to satisfy the judgment, decree or final order, and pay the costs and interest on appeal, if it is affirmed.  The undertaking and supersedeas bond or security may be given at any time.  The stay is effective when the bond and the sufficiency of the sureties are approved by the trial court or the security is deposited with the court clerk.  The enforcement of the judgment, decree or order shall no longer be stayed, and the judgment, decree or order may be enforced against any surety on the bond or other security:

1.  If neither a post-trial motion nor a petition in error is filed, and the time for appeal has expired;

2.  If a post-trial motion is no longer pending, no petition in error has been filed, and the time for appeal has expired; or

3.  If an appeal is no longer pending.

B.  The amount of the bond or other security shall be as follows:

1.  When the judgment, decree or final order is for payment of money:

a. the bond shall be double the amount of the judgment, decree or final order, unless the bond is executed or guaranteed by a surety as hereinafter provided.  The bond shall be for the amount of the judgment, decree or order including costs and interest on appeal where it is executed or guaranteed by an entity with suretyship powers as provided by the laws of Oklahoma.  On a showing by the judgment debtor that the judgment debtor is likely to suffer substantial economic harm if required to post bond in the amount required by this paragraph, the court shall balance the likely substantial economic harm to the judgment debtor with the ability of the judgment creditor to collect the judgment in the event the judgment is affirmed on appeal and may lower the bond accordingly.  "Substantial economic harm" means insolvency or creating a significant risk of insolvency.  The court shall not lower a bond as provided in this paragraph to the extent there is in effect an insurance policy, or agreement under which a third party is liable to satisfy part or all of the judgment entered and such party is required to post all or part of the bond.  Upon lowering the bond as provided in this paragraph, the court shall enter an order enjoining a judgment debtor from dissipating or transferring assets to avoid satisfaction of the judgment, but the court shall not make any order that interferes with the judgment debtor's use of assets in the normal course of business, and

b. instead of filing a supersedeas bond, the appellant may obtain a stay by depositing cash with the court clerk in the amount of the judgment or order plus an amount that the court determines will cover costs and interest on appeal.  The court shall have discretion to accept United States Treasury notes or general obligation bonds of the State of Oklahoma in lieu of cash.  If the court accepts such notes or bonds, it shall make appropriate orders for their safekeeping and maintenance during the stay;

2.  When the judgment, decree or final order directs execution of a conveyance or other instrument, the amount of the bond shall be determined by the court.  Instead of posting a supersedeas bond or other security, the appellant may execute the conveyance or other instrument and deliver it to the clerk of the court for deposit with a public or private entity for safekeeping, as directed by the court in writing;

3.  When the judgment, decree or final order directs the delivery of possession of real or personal property, the bond shall be in an amount, to be determined by the court, that will protect the interests of the parties.  The court may consider the value of the use of the property, any waste that may be committed on or to the property during the pendency of the stay, the value of the property, and all costs.  When the judgment, decree or final order is for the sale of mortgaged premises and the payment of a deficiency arising from the sale, the bond must also provide for the payment of the deficiency;

4.  When the judgment or final order directs the assignment or delivery of documents, they may be placed in the custody of the clerk of the court in which the judgment or order was rendered, for deposit with a public or private entity for safekeeping during the pendency of the stay, as directed by the court in writing, or the bond shall be in such sum as may be prescribed by the court; or

5.  In order to protect any monies payable to the Tobacco Settlement Fund as set forth in Section 50 of Title 62 of the Oklahoma Statutes, the bond in any action or litigation brought under any legal theory involving a signatory, successor of a signatory or an affiliate of a signatory to the Master Settlement Agreement dated November 23, 1998, or a signatory, successor of a signatory or an affiliate of a signatory to the Smokeless Tobacco Master Settlement Agreement, also dated November 23, 1998, shall be in an amount not to exceed one hundred percent (100%) of the judgment, exclusive of interest and costs, or Twenty-five Million Dollars ($25,000,000.00), whichever is less.  However, if it is proved by a preponderance of the evidence that the appellant for whom the bond has been limited pursuant to this paragraph is intentionally dissipating or diverting assets outside of the ordinary course of its business for the purpose of avoiding payment of the judgment, the court shall enter such orders as are necessary to prevent dissipation or diversion, including, but not limited to, requiring that a bond be posted equal to the full amount of security required pursuant to this section.  For purposes of this paragraph, "Master Settlement Agreement" shall have the same meaning as that term is defined in paragraph 5 of Section 600.22 of Title 37 of the Oklahoma Statutes, and "Smokeless Tobacco Master Settlement Agreement" means the settlement agreement and related documents entered into on November 23, 1998, by this state and leading United States smokeless tobacco product manufacturers.

C.  Subsections A and B of this section shall not apply in actions involving temporary or permanent injunctions, actions for divorce, separate maintenance, annulment, paternity, custody, adoption, or termination of parental rights, or in juvenile matters, post-decree matrimonial proceedings or habeas corpus proceedings.  The trial or appellate court, in its discretion, may stay the enforcement of any provision in a judgment, decree or final order in any of the types of actions or proceedings listed in this subsection during the pendency of the appeal or while any post-trial motion is pending upon such terms as to bond or otherwise as it considers proper for the security of the rights of the parties.  If a temporary or permanent injunction is denied or dissolved, the trial or appellate court, in its discretion, may restore or grant an injunction during the pendency of the appeal and while any post-trial motions are pending upon such terms as to bond or otherwise as it considers proper for the security of the rights of the parties.

D.  In any action not provided for in subsections A, B or C, the court may stay the enforcement of any judgment, decree or final order during the pendency of the appeal or while any post-trial motion is pending upon such terms as to bond or otherwise as it considers proper for the security of the rights of the parties.

E.  The trial court shall have continuing jurisdiction during the pendency of any post-trial motion and appeal to modify any order it has entered regarding security or other conditions in connection with a stay.

F.  The execution of a supersedeas bond shall not be a condition for the granting of a stay of judgment, decree or final order of any judicial tribunal against any county, municipality, or other political subdivision of the State of Oklahoma.

G.  Executors, administrators and guardians who have given bond in this state, with sureties, according to law, are not required to provide a supersedeas bond if they are granted a stay of enforcement of a judgment, decree or final order.

H.  After an appeal has been decided, but before the mandate has issued, a party whose trial court judgment has been affirmed, may move the appellate court to order judgment on the bond or other security in the amount of the judgment plus interest, appeals costs and allowable appeal-related attorney fees.  After mandate has issued, a party who has posted a bond or other security may move for exoneration of the bond or other security only in the trial court; and all motions concerning the bond or other security must be addressed to the trial court.

Added by Laws 1993, c. 351, § 21, eff. Oct. 1, 1993.  Amended by Laws 2001, c. 66, § 3, emerg. eff. April 10, 2001; Laws 2004, c. 450, § 3, eff. Nov. 1, 2004; Laws 2005, c. 1, § 6, emerg. eff. March 15, 2005.

NOTE:  Laws 2004, c. 368, § 9 repealed by Laws 2005, c. 1, § 7, emerg. eff. March 15, 2005.

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

Notwithstanding any other provision of this title, the execution of a judgment or final order of any judicial tribunal against any county, municipality, or other political subdivision of this state is automatically stayed without the execution of supersedeas bond until any appeal of such judgment or final order has finally been determined.

Added by Laws 1994, c. 343, § 4, eff. Sept. 1, 1994.

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

A.  An appeal to the Supreme Court of Oklahoma, if taken, must be commenced by filing a petition in error with the Clerk of the Supreme Court of Oklahoma within thirty (30) days from the date a judgment, decree, or appealable order prepared in conformance with Section 696.3 of this title is filed with the clerk of the trial court.  If the appellant did not prepare the judgment, decree, or appealable order, and Section 696.2 of this title required a copy of the judgment, decree, or appealable order to be mailed to the appellant, and the court records do not reflect the mailing of a copy of the judgment, decree, or appealable order to the appellant within three (3) days, exclusive of weekends and holidays, after the filing of the judgment, decree, or appealable order, the petition in error may be filed within thirty (30) days after the earliest date on which the court records show that a copy of the judgment, decree, or appealable order was mailed to the appellant.

B.  The filing of the petition in error may be accomplished either by delivery or mailing by certified or first-class mail, postage prepaid, to the Clerk of the Supreme Court.  The date of filing or the date of mailing, as shown by the postmark affixed by the post office or other proof from the post office of the date of mailing, shall constitute the date of filing of the petition in error.  If there is no proof from the post office of the date of mailing, the date of receipt by the Clerk of the Supreme Court shall constitute the date of filing of the petition in error.

C.  The Supreme Court shall provide by rule, which shall have the force of statute, and be in furtherance of this method of appeal:

1.  For the filing of cross-appeals;

2.  The procedure to be followed by the trial courts or tribunals in the preparation and authentication of transcripts and records in cases appealed under this act; and

3.  The procedure to be followed for the completion and submission of the appeal taken hereunder.

D.  In all cases the record on appeal shall be complete and ready for filing in the Supreme Court within the time prescribed by rule.

E.  Except for the filing of a petition in error as provided herein, all steps in perfecting an appeal are not jurisdictional.

F.  1.  If a petition in error is filed before the time prescribed in this section, it shall be dismissed as premature; however, if the time to commence the appeal accrues before the appeal is dismissed, the appellant may file a supplemental petition in error, without the payment of any additional costs.  Such supplemental petition in error shall state when the time for commencing the appeal began and shall set out all matters which have occurred since the filing of the original petition in error and which should be included in a timely petition in error.  When a proper supplemental petition in error is filed, the appeal shall not be dismissed on the ground that it was premature.

2.  If an appeal is dismissed on the ground that it was premature, the appellant may file a new petition in error within the time prescribed in this section for filing petitions in error or within thirty (30) days after notice is mailed to the parties which states that the appeal was dismissed on the ground that it was premature, whichever date is later.  A notice that an appeal was dismissed on the ground that it was premature shall include the date of mailing and the ground for dismissal.

G.  1.  No designation of record shall be accepted by the district court clerk for filing unless it contains one of the following:

a. where a transcript is designated:  A signed acknowledgment from the court reporter who reported evidence in the case indicating receipt of the request for transcript, the date received, and the amount of deposit received, if applicable, in substantially the following form:  I, ________, court reporter for the above styled case, do hereby acknowledge this request for transcript on this ____ day of____, 20__, and have received a deposit in the sum of $____., or

b. where a transcript is not designated:  A signed statement by the attorney preparing the designation of record stating that a transcript has not been ordered and a brief explanation why, in substantially the following form:  I, ________, attorney for the appellant, hereby state that I have not ordered a transcript because:

(1) a transcript is not necessary for this appeal, or

(2) no stenographic reporting was made.

2.  This section shall not apply to counter-designations of record filed by appellees.

Added by Laws 1991, c. 251, § 15, eff. June 1, 1991.  Amended by Laws 1993, c. 351, § 18, eff. Oct. 1, 1993; Laws 1994, c. 343, § 5, eff. Sept. 1, 1994; Laws 1997, c. 102, § 7, eff. May 1, 1997; Laws 2002, c. 468, § 6, eff. Nov. 1, 2002.

§12991.  Right to perfect appeal to Supreme Court without filing motion for new trial  Exemption.

(a) The right of a party to perfect an appeal from a judgment, order or decree of the trial court to the Supreme Court shall not be conditioned upon his having filed in the trial court a motion for a new trial, but in the event a motion for a new trial is filed in the trial court by a party adversely affected by the judgment, order or decree, no appeal to the Supreme Court may be taken until subsequent to the ruling by the trial court on the motion for a new trial.  This provision shall not apply, however, to an appeal from an order of the Corporation Commission.

(b) If a motion for a new trial be filed and a new trial be denied, the movant may not, on the appeal, raise allegations of error that were available to him at the time of the filing of his motion for a new trial but were not therein asserted.

Added by Laws 1968, c. 395, § 1.

§12992.  Errors in perfecting appeals - Raising - Waiver.

Where possible, errors in perfecting an appeal must be raised promptly in the trial court, and errors in perfecting an appeal that could have been raised in the trial court may not be raised for the first time in the appellate court.  The parties may waive any defect or error in perfecting an appeal except the timely filing of a petition in error as prescribed in Section 15 of this act, and of a petition to review a certified interlocutory order under paragraph 3 of subsection (b) of Section 952 of this title.

Added by Laws 1970, c. 88, § 1.  Amended by Laws 1990, c. 251, § 13, eff. Jan. 1, 1991; Laws 1991, c. 251, § 16, eff. June 1, 1991.

§12-993.  Appeals from certain orders.

A.  When an order:

1.  Discharges, vacates, or modifies or refuses to discharge, vacate, or modify an attachment;

2.  Denies a temporary or permanent injunction, grants a temporary or permanent injunction except where granted at an ex parte hearing, or discharges, vacates, or modifies or refuses to discharge, vacate, or modify a temporary or permanent injunction;

3.  Discharges, vacates, or modifies or refuses to discharge, vacate, or modify a provisional remedy which affects the substantial rights of a party;

4.  Appoints a receiver except where the receiver was appointed at an ex parte hearing, refuses to appoint a receiver, or vacates or refuses to vacate the appointment of a receiver;

5.  Directs the payment of money pendente lite except where granted at an ex parte hearing, refuses to direct the payment of money pendente lite, or vacates or refuses to vacate an order directing the payment of money pendente lite;

6.  Certifies or refuses to certify an action to be maintained as a class action; or

7.  Grants a new trial or opens or vacates a judgment or order,

the party aggrieved thereby may appeal the order to the Supreme Court without awaiting the final determination in said cause, by filing the petition in error and the record on appeal with the Supreme Court within thirty (30) days after the order prepared in conformance with Section 696.3 of this title, is filed with the court clerk.  If the appellant did not prepare the order, and Section 696.2 of this title required a copy of the order to be mailed to the appellant, and the court records do not reflect the mailing of a copy of the order to the appellant within three (3) days, exclusive of weekends and holidays, after the filing of the order, the petition in error may be filed within thirty (30) days after the earliest date on which the court records show that a copy of the order was mailed to the appellant.  The Supreme Court may extend the time for filing the record upon good cause shown.

B.  If the order discharges or modifies an attachment or temporary injunction and it becomes operative, the undertaking given upon the allowance of an attachment or temporary injunction shall stay the enforcement of said order and remain in full force until final order of discharge shall take effect.

C.  Where a receiver shall be or has been appointed, upon the appellant filing an appeal bond, with sufficient sureties, in such sum as may have been required of the receiver by the court or a judge thereof, conditioned for the due prosecution of the appeal and the payment of all costs or damages that may accrue to the state or any officer or person by reason thereof, the authority of the receiver shall be suspended until the final determination of the appeal, and if the receiver has taken possession of any property, real or personal, it shall be returned and surrendered to the appellant upon the filing and approval of the bonds.

Added by Laws 1970, c. 289, § 1, eff. July 1, 1970.  Amended by Laws 1978, c. 245, § 8, eff. July 1, 1978; Laws 1984, c. 40, § 1, eff. Nov. 1, 1984; Laws 1990, c. 251, § 14, eff. Jan. 1, 1991; Laws 1991, c. 251, § 17, eff. June 1, 1991; Laws 1993, c. 351, § 22, eff. Oct. 1, 1993; Laws 1996, c. 61, § 1, eff. Nov. 1, 1996; Laws 1997, c. 102, § 8, eff. May 1, 1997.

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

A.  When more than one claim for relief is presented in an action, whether as a claim, counterclaim, crossclaim, or thirdparty claim, or when multiple parties are involved, the court may direct the preparation and filing of a final judgment, decree, or final order as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the filing of a final judgment, decree, or final order.  In the absence of such determination and direction, any order or other form of decision, however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims or parties, and the order or other form of decision is subject to revision at any time before the final judgment, decree, or final order adjudicating all the claims and the rights and liabilities of all the parties is filed with the court clerk.

B.  When a court has ordered a final judgment, decree, or final order under the conditions stated in subsection A of this section, the court may stay enforcement of that final judgment, decree or final order until the filing of a subsequent final judgment, decree or final order and may prescribe such conditions as are necessary to protect the interests of all parties to the action.  If the court stays the enforcement of a final judgment, decree, or final order until the filing of a subsequent final judgment, decree, or final order, notice of the vacation or modification of the stay or of any condition that was imposed on the enforcement of the final judgment, decree, or final order shall be given to the parties affected by the stay or condition.

Added by Laws 1990, c. 251, § 6, eff. Jan. 1, 1991.  Amended by Laws 1991, c. 251, § 18, eff. June 1, 1991; Laws 1993, c. 351, § 23, eff. Oct. 1, 1993.  Renumbered from § 1006 of this title by Laws 1993, c. 351, § 30, eff. Oct. 1, 1993.  Amended by Laws 1995, c. 253, § 3, eff. Nov. 1, 1995.

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

The Oklahoma Supreme Court or Court of Civil Appeals shall dismiss an appeal that is frivolous, and may impose sanctions against the appellant, the appellant's attorney, or both.  The sanctions that may be imposed may include the reasonable expenses incurred because of the filing of the appeal, including a reasonable attorney's fee.  The court shall dismiss a cross-appeal or an original proceeding that is frivolous and may impose sanctions as provided by this section.

Added by Laws 1993, c. 351, § 24, eff. Oct. 1, 1993.  Amended by Laws 1996, c. 97, § 1, eff. Nov. 1, 1996.

§12-1001.  Repealed by Laws 1991, c. 251, § 22, eff. June 1, 1991.

§12-1002.  Repealed by Laws 1991, c. 251, § 22, eff. June 1, 1991.

§12-1003.  Repealed by Laws 1991, c. 251, § 22, eff. June 1, 1991.

§12-1004.  Repealed by Laws 1991, c. 251, § 22, eff. June 1, 1991.

§12-1005.  Repealed by Laws 1991, c. 251, § 22, eff. June 1, 1991.

§12-1006.  Renumbered as § 994 of this title by Laws 1993, c. 351, § 30, eff. Oct. 1, 1993.

§12-1007.  Repealed by Laws 1991, c. 251, § 22, eff. June 1, 1991.

§12-1008.  Repealed by Laws 1991, c. 251, § 22, eff. June 1, 1991.

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

The district court shall have power to vacate or modify its own judgments or orders within the times prescribed hereafter:

1.  By granting a new trial for the cause, within the time and in the manner prescribed in Sections 651 through 655 of this title;

2.  As authorized in subsection C of Section 2004 of this title where the defendant had no actual notice of the pendency of the action at the time of the filing of the judgment or order;

3.  For mistake, neglect, or omission of the clerk or irregularity in obtaining a judgment or order;

4.  For fraud, practiced by the successful party, in obtaining a judgment or order;

5.  For erroneous proceedings against an infant, or a person of unsound mind, where the condition of such defendant does not appear in the record, nor the error in the proceedings;

6.  For the death of one of the parties before the judgment in the action;

7.  For unavoidable casualty or misfortune, preventing the party from prosecuting or defending;

8.  For errors in a judgment, shown by an infant in twelve (12) months after arriving at full age, as prescribed in Section 700 of this title; or

9.  For taking judgments upon warrants of attorney for more than was due to the plaintiff, when the defendant was not summoned or otherwise legally notified of the time and place of taking such judgment.

R.L. 1910, Section 5267.  Amended by Laws 1969, c. 304, § 3, emerg. eff. April 28, 1969; Laws 1999, c. 293, § 9, eff. Nov. 1, 1999.

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

A.  A court may correct, open, modify or vacate a judgment, decree, or appealable order on its own initiative not later than thirty (30) days after the judgment, decree, or appealable order prepared in conformance with Section 696.3 of this title has been filed with the court clerk.  Notice of the court's action shall be given as directed by the court to all affected parties.

B.  On motion of a party made not later than thirty (30) days after a judgment, decree, or appealable order prepared in conformance with Section 696.3 of this title has been filed with the court clerk, the court may correct, open, modify, or vacate the judgment, decree, or appealable order.  If the moving party did not prepare the judgment, decree, or appealable order, and Section 696.2 of this title required a copy of the judgment, decree, or appealable order to be mailed to the moving party, and the court records do not reflect the mailing of a copy of the judgment, decree, or appealable order to the moving party within three (3) days, exclusive of weekends and holidays, after the filing of the judgment, decree, or appealable order, the motion to correct, open, modify, or vacate the judgment, decree, or appealable order may be filed no later than thirty (30) days after the earliest date on which the court records show that a copy of the judgment, decree, or appealable order was mailed to the moving party.  The moving party shall give notice to all affected parties.  A motion to correct, open, modify, or vacate a judgment or decree filed after the announcement of the decision on all issues in the case but before the filing of the judgment or decree shall be deemed filed immediately after the filing of the judgment or decree.

C.  After thirty (30) days after a judgment, decree, or appealable order has been filed, proceedings to vacate or modify the judgment, decree, or appealable order shall be by petition in conformance with Section 1033 of this title.

Added by Laws 1969, c. 304, § 1, emerg. eff. April 28, 1969.  Amended by Laws 1990, c. 251, § 15, eff. Jan. 1, 1991; Laws 1991, c. 251, § 19, eff. June 1, 1991; Laws 1993, c. 351, § 25, eff. Oct. 1, 1993; Laws 1994, c. 343, § 6, eff. Sept. 1, 1994; Laws 1997, c. 102, § 9, eff. May 1, 1997; Laws 1999, c. 293, § 10, eff. Nov. 1, 1999.

§121032.  Proceedings to be by motion - Notice.

The proceedings to correct mistakes or omissions of the clerk, or irregularity in obtaining a judgment or order, shall be by motion, upon reasonable notice to the adverse party or his attorney in the action.

R.L. 1910, § 5268.  Amended by Laws 1969, c. 304, § 4, emerg. eff. April 28, 1969; Laws 1993, c. 351, § 26, eff. Oct. 1, 1993.

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

If more than thirty (30) days after a judgment, decree, or appealable order has been filed, proceedings to vacate or modify the judgment, decree, or appealable order, on the grounds mentioned in paragraphs 2, 4, 5, 6, 7, 8, and 9 of Section 1031 of this title, shall be by petition, verified by affidavit, setting forth the judgment, decree, or appealable order, the grounds to vacate or modify it, and the defense to the action, if the party applying was defendant.  On this petition, a summons shall issue and be served as in the commencement of a civil action.

R.L. 1910, § 5269.  Amended by Laws 1999, c. 293, § 11, eff. Nov. 1, 1999

§121034.  Trial of application to vacate.

The court may first try and decide upon the grounds to vacate or modify a judgment or order before trying or deciding upon the validity of the defense or cause of action.

R.L. 1910, § 5270.

§121035.  Liens and securities preserved.

If a judgment is modified, all liens and securities obtained under it shall be preserved to the modified judgment.

R.L. 1910, § 5271.  Amended by Laws 1990, c. 251, § 16, eff. Jan. 1, 1991.

§121036.  Suspending proceedings  Bond.

The party seeking to vacate or modify a judgment or order, may obtain an order suspending proceedings on the whole or part thereof; which order may be granted by the court, or any judge thereof, upon its being rendered probable, by affidavit, or by exhibition of the record, that the party is entitled to have such judgment or order vacated or modified.  On the granting of any such order, the court, or judge, may require the party obtaining any such order to enter into an undertaking to the adverse party to pay all damages that may be caused by granting of the same.

R.L. 1910, § 5272.

§121037.  Suspension where judgment given prematurely.

When the judgment was rendered before the action stood for trial, the suspension may be granted, as provided in the last section, although no valid defense to the action is shown; and the court shall make such orders, concerning the executions to be issued on the judgment as shall give to the defendant the same rights of delay he would have had if the judgment had been rendered at the proper time.

R.L. 1910, § 5273.

§121038.  Limitations.

Proceedings to vacate or modify a judgment, decree or order, for the causes mentioned in paragraphs 4, 5 and 7 of Section 1031 of this title must be commenced within two (2) years after the filing of the judgment, decree or order, unless the party entitled thereto be an infant, or a person of unsound mind and then within two (2) years after removal of such disability.  Proceedings for the causes mentioned in paragraphs 3 and 6 of Section 1031 of this title, shall be within three (3) years, and in paragraph 9 of Section 1031 of this title, within one (1) year after the defendant has notice of the judgment, decree or order.  A void judgment, decree or order may be vacated at any time, on motion of a party, or any person affected thereby.

R.L. 1910, § 5274.  Amended by Laws 1990, c. 251, § 17, eff. Jan. 1, 1991; Laws 1991, c. 251, § 20, eff. June 1, 1991; Laws 1993, c. 351, § 27, eff. Oct. 1, 1993.

§121051.  Causes of action that survive.

In addition to the causes of action which survive at common law, causes of action for mesne profits, or for an injury to the person, or to real or personal estate, or for any deceit or fraud, shall also survive; and the action may be brought, notwithstanding the death of the person entitled or liable to the same.

R.L. 1910, § 5279.

§121052.  Actions which abate on death of party.

No action pending in any court shall abate by the death of either or both the parties thereto, except an action for libel, slander or malicious prosecution, which shall abate by the death of the defendant.  An action for libel, slander or malicious prosecution shall not abate after a jury verdict or a decision by the court where the trial is by the court, unless a new trial is ordered.

R.L. 1910, § 5280.  Amended by Laws 1965, c. 299, § 1.

§121053.  Wrongful death  Limitation of actions  Damages.

A.  When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter, or his or her personal representative if he or she is also deceased, if the former might have maintained an action, had he or she lived, against the latter, or his or her representative, for an injury for the same act or omission.  The action must be commenced within two (2) years.

B.  The damages recoverable in actions for wrongful death as provided in this section shall include the following:  Medical and burial expenses, which shall be distributed to the person or governmental agency as defined in Section 5051.1 of Title 63 of the Oklahoma Statutes who paid these expenses, or to the decedent's estate if paid by the estate.

The loss of consortium and the grief of the surviving spouse, which shall be distributed to the surviving spouse.

The mental pain and anguish suffered by the decedent, which shall be distributed to the surviving spouse and children, if any, or next of kin in the same proportion as personal property of the decedent.

The pecuniary loss to the survivors based upon properly admissible evidence with regard thereto including, but not limited to, the age, occupation, earning capacity, health habits, and probable duration of the decedent's life, which must inure to the exclusive benefit of the surviving spouse and children, if any, or next of kin, and shall be distributed to them according to their pecuniary loss.

The grief and loss of companionship of the children and parents of the decedent, which shall be distributed to them according to their grief and loss of companionship.

C.  In proper cases, as provided by Section 9.1 of Title 23 of the Oklahoma Statutes, punitive or exemplary damages may also be recovered against the person proximately causing the wrongful death or the person's representative if such person is deceased.  Such damages, if recovered, shall be distributed to the surviving spouse and children, if any, or next of kin in the same proportion as personal property of the decedent.

D.  Where the recovery is to be distributed according to a person's pecuniary loss or loss of companionship, the judge shall determine the proper division.

E.  The above-mentioned distributions shall be made after the payment of legal expenses and costs of the action.

F.  1.  The provisions of this section shall also be available for the death of an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes.

2.  The provisions of this subsection shall not apply to:

a. acts which cause the death of an unborn child if those acts were committed during a legal abortion to which the pregnant woman consented, or

b. acts which are committed pursuant to the usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.

3.  Under no circumstances shall the mother of the unborn child be found liable for causing the death of the unborn child unless the mother has committed a crime that caused the death of the unborn child.

R.L. 1910, § 5281.  Amended by Laws 1925, c. 125, p. 177, § 1; Laws 1943, p. 35, § 1, emerg. eff. April 13, 1943; Laws 1978, c. 106, § 1, eff. Oct. 1, 1978; Laws 1979, c. 235, § 1, eff. Oct. 1, 1979; Laws 2005, c. 200, § 1, emerg. eff. May 20, 2005.

§121054.  Action for death  Who may sue.

In all cases where the residence of the party whose death has been caused as set forth in the preceding section of this article is at the time of his death in any other state or territory, or when, being a resident of this state, no personal representative is or has been appointed, the action provided in the said section may be brought by the widow, or where there is no widow, by the next of kin of such deceased.

R.L. 1910, § 5282.

§121055.  Death of a child.

In all actions hereinafter brought to recover damages for the death of an unmarried, unemancipated minor child, the damages recoverable shall include medical and burial expense, loss of anticipated services and support, loss of companionship and love of the child, destruction of parentchild relationship and loss of monies expended by parents or guardian in support, maintenance and education of such minor child, in such amount as, under all circumstances of the case, may be just.

Added by Laws 1975, c. 132, § 1, eff. Oct. 1, 1975.

§12-1061.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-1062.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-1063.  Repealed by Laws 1965, c. 299, § 8.

§12-1064.  Repealed by Laws 1965, c. 299, § 8.

§12-1065.  Repealed by Laws 1965, c. 299, § 8.

§12-1066.  Repealed by Laws 1965, c. 299, § 8.

§12-1067.  Repealed by Laws 1965, c. 299, § 8.

§12-1068.  Repealed by Laws 1965, c. 299, § 8.

§12-1069.  Repealed by Laws 1965, c. 299, § 8.

§12-1070.  Repealed by Laws 1965, c. 299, § 8.

§12-1071.  Repealed by Laws 1965, c. 299, § 8.

§12-1072.  Repealed by Laws 1965, c. 299, § 8.

§12-1073.  Repealed by Laws 1965, c. 299, § 8.

§12-1074.  Repealed by Laws 1965, c. 299, § 8.

§12-1075.  Repealed by Laws 1965, c. 299, § 8.

§12-1076.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-1077.  Repealed by Laws 1965, c. 299, § 8.

§12-1078.  Repealed by Laws 1965, c. 299, § 8.

§12-1079.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-1080.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§121081.  Death of party after verdict or judgment.

(a) If a party dies after verdict is rendered, judgment may be rendered on the verdict although the representative or successor of the decedent has not been substituted as a party to the action.

(b) If a plaintiff dies after verdict or after judgment and the verdict and judgment are in his favor, his representative or successor may be substituted for him upon motion of any party to the action with notice to the representative or successor, or substitution may be made upon motion of the representative or successor of the decedent.  Such motion may be made at any time before the judgment becomes dormant but it must be made before action is taken to enforce the judgment.  A delay in substituting the representative or successor of the decedent shall not affect the validity of a judgment lien.

(c) If a defendant dies after verdict or after judgment and the verdict and judgment are in favor of the plaintiff, the judgment shall be filed with the representative of the decedent within the time allowed for filing other claims and the judgment shall be treated as if it has been allowed by the representative and it shall be payable in the due course of administration.

Added by Laws 1965, c. 299, § 3.

§121082.  Dissolved partnerships.

(a) A partnership may sue and be sued in its firm name, and after a partnership has been dissolved, actions may be brought by and against the partnership in its firm name to enforce obligations that arose before the dissolution, the partnership being deemed to continue for the purpose of the suit.  Where the dissolution is caused by the death of a partner, an action to enforce an obligation that arose before the dissolution may be brought by or against the partnership in its firm name, or by or against the surviving partners, or by or against the surviving partners and the estate of the deceased partner, if an action is brought against the partnership in its firm name, the estate of the deceased partner may be made a party to the action by being properly served with process.

(b) When a partner dies after suit is brought by or against a partnership, the action will not abate, whether it is brought by or against the partnership in its firm name or in the names of the partners and it shall not be necessary to make the representative of the deceased partner a party to the action although he may be substituted for the decedent if the decedent was named as a party plaintiff or was served with process, but judgment may not be enforced against the decedent's estate if the partner dies before the verdict was rendered and the decedent's representative was not made a party to the action.

(c) When a partner dies after judgment has been rendered in favor of or against the partnership of which the decedent was a member, the judgment may be enforced in favor of or against the partnership and against the estate of the deceased partner although the estate of the deceased partner is not made a party to the judgment.

Added by Laws 1965, c. 299, § 4.

§121083.  Actions not at issue and in which no pleadings filed for 1 year  Dismissed.

Any action which is not at issue and in which no pleading has been filed or other action taken for a year and in which no motion or demurrer has been pending during any part of said year shall be dismissed without prejudice by the court on its own motion after notice to the parties or their attorneys of record; providing, the court may upon written application and for good cause shown, by order in writing allow the action to remain upon its docket.

Added by Laws 1965, c. 299, § 5.

§121084.  Enforcement of contracts or obligations.

If a person who is either jointly or jointly and severally liable on a contract or obligation dies before an action is brought to enforce the contract or obligation and if the cause of action survives, the decedent's estate may be joined as a party to an action to enforce the contract or obligation.

Added by Laws 1965, c. 299, § 6.

§121085.  Death of nonresident.

When a nonresident who is subject to the jurisdiction of a court of this state dies, the action shall continue and his personal representative shall be substituted as a party to the action although he was appointed as personal representative in some other jurisdiction if

(1) the personal representative is served in this state with notice of his substitution as a party to the action; or,

(2) the cause of action arose in this state and the personal representative is given actual notice by mail or by personal service outside of this state of his substitution as a party to the action;

(3) the action may continue as a proceeding in rem if a reasonable effort is made to notify the personal representative of the existence of the action.

Added by Laws 1965, c. 299, § 7.

§121101.  Offer to allow judgment to be taken.

The defendant, in an action for the recovery of money only, may, at any time before the trial, serve upon the plaintiff or his attorney an offer, in writing, to allow judgment to be taken against him for the sum specified therein.  If the plaintiff accept the offer and give notice thereof to the defendant or his attorney, within five days after the offer was served, the offer, and an affidavit that the notice of acceptance was delivered within the time limited, may be filed by the plaintiff, or the defendant may file the acceptance, with a copy of the offer, verified by affidavit; and in either case, the offer and acceptance shall be noted in the journal, and judgment shall be rendered accordingly. If the notice of acceptance be not given in the period limited, the offer shall be deemed withdrawn, and shall not be given in evidence or mentioned on the trial.  If the plaintiff fails to obtain judgment for more than was offered by the defendant, he shall pay the defendant's costs from the time of the offer.

R.L. 1910, § 5301.

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

A.  Actions for personal injury, wrongful death, and certain specified actions.

1.  Subject to the provisions of paragraph 5 of this subsection, after a civil action is brought for the recovery of money as the result of a claim for personal injury, wrongful death, or pursuant to Chapter 21 of Title 25 or Section 5 of Title 85 of the Oklahoma Statutes, any defendant may file with the court, at any time more than ten (10) days prior to trial, an offer of judgment for a sum certain to any plaintiff with respect to the action or any claim or claims asserted in the action.  An offer of judgment shall be deemed to include any costs or attorney fees otherwise recoverable unless it expressly provides otherwise.  If an offer of judgment is filed, each plaintiff to whom an offer of judgment is made shall, within ten (10) days, file:

a. a written acceptance or rejection of such offer, or

b. a counteroffer of judgment, as described in paragraph 2 of this subsection.

If the plaintiff fails to file a timely response, the offer of judgment shall be deemed rejected.  The fact an offer of judgment is made but not accepted or is deemed rejected does not preclude subsequent timely offers of judgment.

2.  In the event a defendant files an offer of judgment, the plaintiff may, within ten (10) days, file with the court a counteroffer of judgment directed to each defendant who has filed an offer of judgment.  If a counteroffer of judgment is filed, each defendant to whom the counteroffer of judgment is made shall, within ten (10) days, file a written acceptance or rejection of the counteroffer of judgment.  If a defendant fails to file a timely response, the counteroffer of judgment shall be deemed rejected.  The fact a counteroffer of judgment is made but not accepted or deemed rejected does not preclude subsequent counteroffers of judgment if subsequent offers of judgment are made.

3.  In the event the plaintiff rejects the offer(s) of judgment and the judgment awarded the plaintiff is less than the final offer of judgment, then the defendant filing the offer of judgment shall be entitled to recover reasonable litigation costs and reasonable attorney fees incurred by that defendant from the date of filing of the final offer of judgment until the date of the verdict.  Such costs and fees may be offset from the judgment entered against the offering defendant; provided, however, that prior to any such offset, the plaintiff's attorney may:

a. exercise any attorneys lien claimed in an amount not to exceed twenty-five percent (25%) of the judgment, and

b. recover the plaintiff's reasonable litigation costs, not to exceed an additional fifteen percent (15%) of the judgment or Five Thousand Dollars ($5,000.00), whichever is greater.

4.  In the event a defendant rejects the counteroffer(s) of judgment and the judgment awarded to the plaintiff is greater than the final counteroffer of judgment, the plaintiff shall be entitled to recover reasonable litigation costs and reasonable attorney fees incurred by the plaintiff from the date of filing of the final counteroffer of judgment until the date of the verdict.  Such costs and fees may be added to the judgment entered in favor of the plaintiff.

5.  The provisions of this subsection shall apply only where the plaintiff demands in a pleading or in trial proceedings more than One Hundred Thousand Dollars ($100,000.00), or where the defendant makes an offer of judgment more than One Hundred Thousand Dollars ($100,000.00).  Any offer of judgment may precede the demand.

B.  Other actions.

1.  After a civil action is brought for the recovery of money or property in an action other than for personal injury, wrongful death or pursuant to Chapter 21 of Title 25 or Section 5 of Title 85 of the Oklahoma Statutes, any defendant may file with the court, at any time more than ten (10) days prior to trial, an offer of judgment for a sum certain to any plaintiff with respect to the action or any claim or claims asserted in the action.  An offer of judgment shall be deemed to include any costs and attorney fees otherwise recoverable unless it expressly provides otherwise.  If an offer of judgment is filed, the plaintiff or plaintiffs to whom the offer of judgment is made shall, within ten (10) days, file:

a. a written acceptance or rejection of the offer, or

b. a counteroffer of judgment, as described in paragraph 2 of this subsection.

If a plaintiff fails to file a timely response, the offer of judgment shall be deemed rejected.  The fact an offer of judgment is made but not accepted or is deemed rejected does not preclude subsequent timely offers of judgment.

2.  In the event a defendant files an offer of judgment, the plaintiff may, within ten (10) days, file with the court a counteroffer of judgment to each defendant who has filed an offer of judgment and the claim or claims which are the subject thereof.  If a counteroffer of judgment is filed, each defendant to whom a counteroffer of judgment is made shall, within ten (10) days, file a written acceptance or rejection of the counteroffer of judgment.  If a defendant fails to file a timely response, the counteroffer of judgment shall be deemed rejected.  The fact a counteroffer of judgment is made but not accepted or is deemed rejected does not preclude subsequent counteroffers of judgment if subsequent offers of judgment are made.

3.  If no offer of judgment or counteroffer of judgment is accepted and the judgment awarded the plaintiff is less than one or more offers of judgment, the defendant shall be entitled to reasonable litigation costs and reasonable attorney fees incurred by the defendant with respect to the action or the claim or claims included in the offer of judgment from and after the date of the first offer of judgment which is greater than the judgment until the date of the judgment.  Such costs and fees may be offset from the judgment entered against the offering defendant.

4.  If no offer of judgment or counteroffer of judgment is accepted and the judgment awarded the plaintiff is greater than one or more counteroffers of judgment, the plaintiff shall be entitled to recover the reasonable litigation costs and reasonable attorney fees incurred by the plaintiff with respect to the action or the claim or claims included in the counteroffer of judgment from and after the date of the first counteroffer of judgment which is less than the judgment until the date of the judgment.  Such costs and fees may be added to the judgment entered in favor of the plaintiff.

5.  An award of reasonable litigation costs and reasonable attorneys fees under paragraph 3 of this subsection shall not preclude an award under paragraph 4 of this subsection, and an award under paragraph 4 of this subsection shall not preclude an award under paragraph 3 of this subsection.

6.  This subsection shall not apply to actions brought pursuant to Chapter 21 of Title 25 or Section 5 of Title 85 of the Oklahoma Statutes.

C.  For purposes of comparing the amount of a judgment with the amount of an offer under paragraph 3 or 4 of subsection A of this section or paragraph 3 or 4 of subsection B of this section, attorney fees and costs otherwise recoverable shall be included in the amount of the compared judgment only if the offer was inclusive of attorney fees and costs.  Fees or costs recoverable for work performed after the date of the offer shall not be included in the amount of the judgment for purposes of comparison.

D.  Evidence of an offer of judgment or a counteroffer of judgment shall not be admissible in any action or proceeding for any purpose except in proceedings to enforce a settlement arising out of an offer of judgment or counteroffer of judgment or to determine reasonable attorneys fees and reasonable litigation costs under this section.

E.  This section shall apply whether or not litigation costs or attorneys fees are otherwise recoverable.

F.  The provisions of this section are severable, and if any part or provision thereof shall be held void, the decision of the court shall not affect or impair any of the remaining parts or provisions thereof.

G.  This section shall apply to all civil actions filed after the effective date of this act.

Added by Laws 1995, c. 287, § 1.  Amended by Laws 1999, c. 293, § 12, eff. Nov. 1, 1999; Laws 2002, c. 468, § 7, eff. Nov. 1, 2002.

§121102.  Offer not ground for continuance.

The making of an offer, pursuant to the provisions contained in the foregoing section, shall not be a cause for a continuance of an action or a postponement of the trial.

R.L. 1910, § 5302.

§121103.  Submission of controversy without suit.

Parties to a question, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court, which would have jurisdiction if an action had been brought.  But it must appear, by affidavit, that the controversy is real, and the proceedings in good faith to determine the rights of the parties.  The court shall thereupon hear and determine the case, and render judgment as if an action were pending.

R.L. 1910, § 5303.

§121104.  Record, submission without suit.

The case, the submission and a copy of the judgment shall constitute the record.

R.L. 1910, § 5304.

§121105.  Judgment and reversal, submission without suit.

The judgment shall be with costs, may be enforced, and shall be subject to reversal in the same manner as if it had been rendered in an action unless otherwise provided in the submission.

R.L. 1910, § 5305.

§121106.  Offer to confess judgment in part.

After an action for the recovery of money is brought, the defendant may offer in court to confess judgment for part of the amount claimed, or part of the causes involved in the action; whereupon, if the plaintiff, being present, refuse to accept such confession of judgment in full of his demands against the defendant in the action, or, having had such notice that the offer would be made, of its amount, and of the time of making it, as the court shall deem reasonable, fail to attend, and on the trial do not recover more than was so offered to be confessed, such plaintiff shall pay all the costs of the defendant incurred after the offer.  The offer shall not be deemed to be an admission of the cause of action, or the amount to which the plaintiff is entitled, nor be given in evidence upon the trial.

R.L. 1910, § 5306.

§121107.  Surety may sue principal for performance.

A surety may maintain an action against his principal, to compel him to discharge the debt or liability for which the surety is bound, after the same has become due.

R.L. 1910, § 5307.

§121108.  Suit by surety before liability due.

A surety may maintain an action against his principal, to obtain indemnity against the debt or liability for which he is bound, before it is due, whenever any of the grounds exist, upon which, by the provisions of this code, an order may be made for arrest and bail, or for an attachment.

R.L. 1910, § 5308.

§121109.  Remedies.

In such action the surety may obtain any of the provisional remedies mentioned in Articles eight, nine and ten upon the grounds and in the manner therein prescribed.

R.L. 1910, § 5309.

§12-1110.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-1111.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-1112.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-1113.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-1114.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§12-1115.  Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984.

§121116.  Order defined.

Every direction of a court or judge made or entered in writing, and not included in a judgment, is an order.

R.L. 1910, § 5316.

§121117.  Orders to be entered.

Orders made out of court shall be forthwith entered by the clerk in the journal of the court, in the same manner as orders made in term.

R.L. 1910, § 5317.

§121118.  Powers of judges at chambers.

Judges of the district, superior and county courts shall within their respective districts and counties be authorized to hear and determine at chambers, motions to dissolve attachments and injunctions, and generally to exercise such supervisory control of the other officers and processes of their courts as to prevent abuses or oppression thereby or thereof.

R.L. 1910, § 5318.

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

A.  An action may be brought by any person in possession, by himself or tenant, of real property against any person who claims an estate or any interest therein adverse to the person bringing the action for the purpose of determining such adverse estate or interest, and such action may be joined with an action to recover possession of such real property by any person not in possession.  The person or persons bringing such action shall not be required to allege the particular estate or interest claimed adversely by the person or persons against whom the action is brought, but may allege that the defendants' claim is adverse to that of the plaintiffs.

B.  If an action is brought to quiet title alleging that the adverse claim is sham legal process, as defined by Section 1533 of Title 21 of the Oklahoma Statutes, the court may award costs and reasonable attorneys fees to the prevailing party.  If the plaintiff prevails in the action, the court shall order the defendant to pay the plaintiff three times the damages that the plaintiff may have sustained as a result of the sham legal process.  A quiet title action pursuant to this subsection shall be independent of any criminal action that may be filed against the defendant, and there shall be no requirement that the defendant in such an action be convicted of any criminal act.

R.L. 1910, § 4927.  Amended by Laws 1910-11, c. 10, p. 25, § 1; Laws 1957, p. 82, § 1, emerg. eff. June 1, 1957; Laws 1983, c. 33, § 1, eff. Nov. 1, 1983; Laws 1997, c. 405, § 5, emerg. eff. June 13, 1997; Laws 1998, c. 57, § 1, emerg. eff. April 7, 1998; Laws 2000, c. 147, § 6, eff. Nov. 1, 2000.

§12-1141.1.  Short title.

This act shall be known and may be cited as the "Nonjudicial Marketable Title Procedures Act".

Added by Laws 2000, c. 147, § 1, eff. Nov. 1, 2000.

§12-1141.2.  Definitions.

As used in this act:

1.  "Apparent cloud" means an effect, without a judgment of a court of competent jurisdiction, which in the good faith opinion of a requestor results in a condition of title to real property located in the State of Oklahoma that fails to meet the standard of "marketable title" as defined by the "Oklahoma Title Examination Standards" as adopted and revised by the House of Delegates of the Oklahoma Bar Association;

2.  "Certified mail" means that method of transmitting items through the United States Post Office pursuant to which the addressee of the item mailed is either required to indicate an acceptance of delivery or refusal or which results in a record by the United States Post Office that the addressee was contacted regarding the item, but refused delivery or refused to claim the item;

3.  "Conveyance" means an instrument, recorded in the real property records of a county of the State of Oklahoma, pursuant to which a grantor makes a transfer of an estate in real property;

4.  "Corrective action" means some procedure, other than the execution and delivery of a curative instrument, identified in a notice and communicated to a respondent with the intended effect of removing a cloud or an apparent cloud on the title to real property;

5.  "Curative instrument" means a conveyance or instrument identified by a requestor that the requestor in good faith believes has the effect of curing a title defect;

6.  "Entity" means a person, firm, partnership, general partnership, limited partnership, corporation, limited liability company, limited liability partnership or other legally constituted entity;

7.  "Estate" means a quantity or duration of ownership in real property located in the State of Oklahoma whether in fee simple absolute or some lesser quantity or duration and includes both the surface estate and mineral estate;

8.  "Execute" means to subscribe an instrument or a conveyance as either a natural person acting in an individual or a representative capacity;

9.  "Good faith" means having a basis in facts ascertainable to a requestor or which should be ascertainable with the exercise of reasonable diligence and the reasonable application of law to facts known or which, through the exercise of reasonable diligence, should be known to a requestor regarding the effect of an instrument upon the title to real property located in the State of Oklahoma;

10.  "Instrument" means a document, executed with formalities authorized or required by law, pursuant to which either a conveyance is made or pursuant to which some aspect of the title to real property located in the State of Oklahoma is affected or may be affected;

11.  "Interest" means either legal title or an equitable claim which is made in good faith;

12.  "Notice" means the document described in Section 3 of this act;

13.  "Parcel" means real property capable of separate description from any other real property located in the State of Oklahoma, pursuant to a description which is adequate for a conveyance pursuant to the requirements of the laws of the State of Oklahoma;

14.  "Person" means a natural person acting in an individual capacity or a natural person acting in a representative capacity;

15.  "Quiet title action" means a civil action filed pursuant to the authority of Section 1141 of Title 12 of the Oklahoma Statutes and in which the plaintiff requests a determination or judgment from the court regarding the title to a parcel of real property;

16.  "Real property" means land and fixtures and includes the surface estate and the minerals underlying lands located in the State of Oklahoma;

17.  "Refuse" means that the respondent either will not take the action specified in a notice or that the respondent will not take action which the requestor communicates as an acceptable response to the notice;

18.  "Requestor" means any person or entity transmitting a notice to a respondent pursuant to Section 3 of this act or if the requestor engages the services of an agent or fiduciary to prepare the notice, the agent or fiduciary of the requestor;

19.  "Respondent" means the person or entity to whom a notice is transmitted pursuant to Section 3 of this act or, if the respondent engages the services of an agent or fiduciary to prepare a response to a requestor, the agent or fiduciary of the requestor;

20.  "Response" means the document transmitted by the respondent to the requestor within the time prescribed by Section 4 of this act;

21.  "Subject parcel" means the specific real property identified in a notice transmitted to a respondent as provided by Section 3 of this act;

22.  "Title" means the judicial or nonjudicial conclusion regarding either legal or equitable ownership of real property or an estate in real property located in the State of Oklahoma; and

23.  "Title defect" means a deficiency, as measured or determined by reference to the statutes of the State of Oklahoma, cases decided by the courts of the State of Oklahoma or by reference to the Title Examination Standards published by the Real Property Section of the Oklahoma Bar Association, in the legal or equitable title of real property located in the State of Oklahoma.

Added by Laws 2000, c. 147, § 2, eff. Nov. 1, 2000.

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

A.  Any person or any entity having an interest or claiming an interest with respect to any parcel of real property who in good faith asserts that there is an instrument filed in the real property records of the county in which the real property, or some portion of the real property, is located and who would otherwise be required to file a quiet title action with respect to the parcel pursuant to the provisions of Section 1141 of Title 12 of the Oklahoma Statutes, may use the procedures authorized by this act to attempt to remove a cloud or an apparent cloud on the title of the real property by requesting a respondent to prepare a curative instrument or to take corrective action.

B.  The provisions of this act are permissive and shall not be required as a condition precedent to the filing of a petition to quiet title pursuant to Section 1141 of Title 12 of the Oklahoma Statutes.

C.  If making a request pursuant to this act, the requestor shall send a notice to the respondent which shall include:

1.  The specific identity of the person or entity requesting the respondent to execute or to execute and deliver a curative instrument or take other corrective action the purpose of which is to remove a cloud or an apparent cloud on the title of the subject parcel;

2.  A specific identification of the conveyance, instrument or other document, by reference to:

a. the county or counties in which the instrument or document is filed for record,

b. the book and page number in which the instrument or other document is recorded,

c. the identity of the grantor or the person or entity subscribing the instrument, (if different than the identified grantor),

d. the identity of the grantee or grantees,

e. the legal description of the real property contained in the instrument,

f. the date the instrument was executed,

g. the date the instrument was filed for record, and

h. such other information as may be required in order for the respondent to know with reasonable certainty the exact instrument or instruments to which the requestor is referring;

3.  The nature of the assertion by the requestor regarding the effect of the instrument or document as a cloud or an apparent cloud upon the title of the subject parcel; and

4.  The nature of the corrective action sought by the requestor, including, but not limited to, the exact instrument or conveyance which the requestor would accept from the respondent as a curative instrument or other corrective action.

D.  The requestor shall prepare and send with the notice the exact instrument or conveyance which the requestor would accept from the respondent as a curative instrument or other corrective action.

Added by Laws 2000, c. 147, § 3, eff. Nov. 1, 2000.

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

A.  The requestor shall prepare the notice as described in Section 3 of this act and shall transmit the notice by certified mail to the person or entity identified in the notice as the respondent.

B.  The respondent shall have a period of thirty (30) days from the receipt of the notice within which to respond to the notice and any request for the execution or delivery of a curative instrument or for corrective action.

C.  A respondent may ask for clarification by the requestor or for further information prior to making either a negative response or an affirmative response.  The respondent may communicate with the requestor within the period of time required for the respondent to make a response to the requestor, but any request made pursuant to this subsection shall not extend the time within which to respond.

D.  The respondent may make a formal request of the requestor for clarification or for further information by certified mail if the formal request for clarification or additional information is received by the original requestor within the original period of time prescribed by subsection B of this section for a response by the respondent.  If a respondent makes a formal request for clarification or for additional information, the original requestor shall have a period of twenty (20) days within which to transmit a clarification or additional information.  The respondent shall then have a period of twenty (20) days from the date the clarification or additional information is received in order to provide a final response.

E.  If a respondent declines to execute and deliver the curative instrument requested or take the corrective action requested, and the respondent communicates the refusal to the requestor, the requestor may pursue the remedies authorized by this section.

F.  If the requestor properly transmits the notice by certified mail and the respondent does not claim the item as indicated by the records of the United States Post Office, the refusal to claim the item shall be treated as a refusal to respond to the request.

G.  If a respondent executes and delivers or causes to be executed and delivered the curative instrument requested in the notice or takes the corrective action requested, the respondent shall not be liable for the damages specified in subsection A of Section 5 of this act in a quiet title action notwithstanding that the respondent is named as a defendant in such an action.

Added by Laws 2000, c. 147, § 4, eff. Nov. 1, 2000.

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

A.  If a requestor prepares a notice pursuant to Section 3 of this act, and:

1.  The respondent receives the notice and fails to respond, or

2.  The respondent requests clarification or additional information and then subsequently refuses to execute and deliver a curative instrument or to take the corrective action identified in the notice, or

3.  The respondent refuses to claim the notice, or

4.  The respondent receives the notice and refuses to take the action requested in the notice,

then in the event that the requestor files an action to quiet title to the subject parcel pursuant to Section 1141 of Title 12 of the Oklahoma Statutes, and the civil action results in a judgment for the plaintiff which could have been accomplished through the execution and delivery of a curative instrument or the taking of corrective action identified in a notice, the plaintiff in the quiet title action, in addition to any other requested relief, shall be entitled to recover damages equal to the actual expenses incurred by the plaintiff in identifying the relevant instrument, preparing the notice to the respondent pursuant to Section 3 of this act, and the expenses of litigation directly related to obtaining judgment quieting title in the plaintiff with respect to the interest or apparent interest forming the basis of the action against the respondent, including costs and reasonable attorney fees.

B.  If a defendant in the quiet title action who either failed to respond to a notice pursuant to Section 4 of this act or who refused to execute and deliver a curative instrument or take corrective action identified in the notice prevails in the quiet title action, the defendant in the quiet title action, in addition to any other requested relief, shall be entitled to recover damages equal to the actual expenses incurred by the defendant in responding to the notice from the requestor pursuant to Section 4 of this act, and the expenses of litigation directly related to obtaining judgment quieting title in the defendant or asserting an affirmative defense with respect to the interest or apparent interest forming the basis of the action against the defendant, including costs and reasonable attorney fees.

Added by Laws 2000, c. 147, § 5, eff. Nov. 1, 2000.

§121142.  Actions to recover real property.

In actions for the recovery of real property, it shall be necessary for the plaintiff to set forth in detail the facts relied upon to establish his claim, and to attach to his petition copies of all deeds or other evidences of title, as in actions upon written contracts; and he must establish the allegations of his petition, whether answer be filed or not.

R.L. 1910, § 4928.

§121143.  Answer in action to recover real property.

It shall be sufficient in such action, if the defendant in his answer, deny, generally, the title alleged in the petition, or that he withholds the possession, as the case may be, but if he deny the title of the plaintiff, possession by the defendant shall be taken as admitted.  Where he does not defend for the whole premises, the answer shall describe the particular part of which defense is made.

R.L. 1910, § 4929.

§121144.  Action by tenant against cotenant.

In an action, by a tenant in common of real property, against a cotenant, the plaintiff must, in addition to what is required in the second preceding section, state, in his petition, that the defendant either denied the plaintiff's right, or did some act amounting to such denial.

R.L. 1910, § 4930.

§121145.  Recovery where plaintiff's right ceases during action.

In an action for the recovery of real property, where the plaintiff shows a right to recover at the time the action was commenced, but it appears that his right has terminated during the pendency of the action, the verdict and judgment must be according to the fact, and the plaintiff may recover for withholding the property.

R.L. 1910, § 4931.

§121146.  New trial in action to recover real property.

In all actions for the recovery of real property one trial only shall be granted as a matter of right, but the party against whom the judgment is rendered may secure a new trial in the same manner and for the same reasons as new trials are awarded in other civil cases.

R.L. 1910, § 4932.

§121147.1.  Determination of rights of living persons and persons not in being  Direction for sale and holding proceeds in trust.

If it shall appear in any suit or proceeding in a district court involving real estate that any person or persons not in being are or may become entitled to, or may upon coming into being claim to be entitled to, any future interest in such real estate, legal or equitable, and if it further appears to be expedient or for the best interests of all concerned, the court may by order determine the rights of all living persons in such real estate and the circumstances under which persons not then in being may claim an interest therein in the future and determine the nature and extent of any such interest or claim and may direct the sale of the full title to the real estate in which such future interest may be claimed, and direct that the proceeds of the sale shall be held as a trust in lieu of the real estate so sold to be administered as hereinafter provided.

Added by Laws 1953, p. 58, § 1, emerg. eff. June 1, 1953.

§121147.2.  Possible claim affecting undivided interest.

When, under the circumstances stated in Section 1, the possible claim of persons not in being affect only an undivided interest in the full fee simple title to a tract of real estate, such undivided interest only may be sold under the provisions of this act, and the title to the other undivided interest therein shall not, in such case, be affected by said sale.

Added by Laws 1953, p. 58, § 2, emerg. eff. June 1, 1953.

§121147.3.  Parties to proceedings  Representation of persons not in being  Guardian ad litem.

No sale of real estate hereunder shall be made unless all persons interested in the real estate to be sold (which shall be the full fee simple title in the tract sold if the possible claims of the person or persons not in being affect the full fee simple title thereto, or the full undivided interest in the tract sold if such possible claims affect only such undivided interest) are made parties to said proceedings; provided that where the real estate to be sold is subject to a mortgage or other lien, the mortgagee or lienholder need not be made a party to said proceedings if the sale is made subject to such mortgage or lien.  Where the person or persons not in being who may claim an interest in the real estate sold belong to a class of which there is a living member or members whose interests do not conflict with those not in being, such living member or members of said class may be made parties plaintiff or defendant and may appear on behalf of themselves and the unborn members of the class, but in every case the court shall appoint a disinterested person as guardian ad litem for such person or persons not in being, and such guardian ad litem shall be required to file a written answer or other pleading fully disclosing the possible interests of such unborn persons and take all appropriate steps to protect their interests.

Added by Laws 1953, p. 58, § 3, emerg. eff. June 1, 1953.

§121147.4.  Sale  Trustee  Notice  Terms  Return  Deed  Confirmation.

Where a sale is made under the provisions of this act, the court may appoint a trustee to make such sale on such terms as it may deem advisable, at public or private sale, with or without notice, and on such terms as to the payment of the purchase price as the court may direct and in the event the sale is made partly in cash and partly on credit, the unpaid balance of the purchase money shall be evidenced by a first mortgage secured by the real estate sold.  The trustee appointed to sell said real estate shall make a verified return of sale and, upon confirmation by the court, shall execute a trustee's deed conveying the fee simple title to the real estate sold.  Said deed shall vest in the purchaser the full fee simple title to said real estate and the rights and claims of all persons who held an interest therein prior to the sale, including all those of a class not then in being, shall be forever barred.  The court shall not confirm said sale unless it shall have received satisfactory evidence that the sale was fairly conducted and that a higher price cannot be obtained and furthermore that the sale is for the best interest of all parties who have or may claim an interest therein.

Added by Laws 1953, p. 58, § 4, emerg. eff. June 1, 1953.

§12-1147.5.  Trust in proceeds of sale.

Upon confirming the sale of real estate under the provisions of Section 1147.4 of this title, the court shall direct that the proceeds of the sale, including any purchase money mortgage which may be accepted as a part of the purchase price, less any costs chargeable against the same, constitute a trust to be managed and invested under the continuing jurisdiction of the court and, except as may be otherwise directed by the court, in accordance with the provisions of the Oklahoma Trust Act and the Oklahoma Uniform Prudent Investor Act.  The trustee appointed to make said sale may be continued as trustee for the administration of the trust or the court may appoint a different trustee for the purpose of administering the trust.  In the order of confirmation of sale and the appointment of the trustee to administer the trust, the court shall make appropriate provisions with respect to the term during which the trust shall be administered and how the income and principal thereof shall be distributed.

Added by Laws 1953, p. 59, § 5, emerg. eff. June 1, 1953.  Amended by Laws 1995, c. 351, § 17, eff. Nov. 1, 1995.

§121147.6.  Fees and costs.

The court shall fix all fees and costs including reasonable compensation for the guardian or guardians ad litem and trustee and assess the same against the trust assets or, in the event the sale is not made, against the parties to the proceedings who are sui juris as equity may require.

Added by Laws 1953, p. 58, § 6, emerg. eff. June 1, 1953.

§121148.1.  Jurisdiction  Forcible entry and detention  Joinder of actions  Judgments no bar.

The district court shall have jurisdiction to try all actions for the forcible entry and detention, or detention only, of real property, and claims for the collection of rent or damages to the premises, or claims arising under the Oklahoma Residential Landlord and Tenant Act, may be included in the same action, but other claims may not be included in the same action.  A judgment in an action brought under this act shall be conclusive as to any issues adjudicated therein, but it shall not be a bar to any other action brought by either party.

Added by Laws 1968, c. 172, § 1, eff. Jan. 13, 1969.  Amended by Laws 1978, c. 257, § 36, eff. Oct. 1, 1978.

§121148.2.  Powers of court.

The court shall have power to inquire, in the manner hereinafter directed, as well against those who make unlawful and forcible entry into lands and tenements, and detain the same, as against those who, having a lawful and peaceable entry into land or tenements, unlawfully and by force hold the same, and if it be found, upon such inquiry, that an unlawful and forcible entry has been made, and that the same lands and tenements are held unlawfully, then the court shall cause the party complaining to have restitution thereof.

Added by Laws 1968, c. 172, § 2, eff. Jan. 13, 1969.

§121148.3.  Extent of jurisdiction.

Proceedings under this act may be had in all cases against tenants holding over their terms and, incident thereto, to determine whether or not tenants are holding over their terms; in sales or real estate on executions, orders or other judicial process, when the judgment debtor was in possession at the time of the rendition of the judgment or decree, by virtue of which such sale was made; in sales by executors, administrators, guardians and on partition, where any of the parties to the partition were in possession at the commencement of the suit, after such sales, so made, on execution or otherwise, shall have been examined by the proper court, and the same by said court, adjudged valid; and in cases where the defendant is a settler or occupier of lands and tenements without color of title, and to which the complainant has the right of possession.  This section is not to be construed as limiting the provisions of the preceding section.

Added by Laws 1968, c. 172, § 3, eff. Jan. 13, 1969.  Amended by Laws 1978, c. 87, § 1, eff. Oct. 1, 1978.

§121148.4.  Issuance and return of summons  Content  Amending pleading to conform to evidence.

The summons shall be issued and returned as in other cases, except that it shall command the sheriff, or other person serving it, to summon the defendant to appear for trial at the time and place specified therein, which time shall be not less than five (5) days nor more than ten (10) days from the date that the summons is issued. The summons shall apprise the defendant of the nature of the claim that is being asserted against him; and there shall be endorsed upon the summons the relief sought and the amount for which the plaintiff will take judgment if the defendant fails to appear.  In all cases, pleadings may be amended to conform to the evidence.

Added by Laws 1968, c. 172, § 4.  Amended by Laws 1969, c. 136, § 1, emerg. eff. April 9, 1969; Laws 1980, c. 63, § 1, eff. Oct. 1, 1980.

§121148.5.  Service of summons.

The summons may be served as in other cases except that such service shall be at least three (3) days before the day of trial, and the return day shall not be later than the day of trial, and it may also be served by leaving a copy thereof with some person over fifteen (15) years of age, residing on the premises, at least three (3) days before the day of trial; or, if service cannot be made by the exercise of reasonable diligence on the tenant or on any person over the age of fifteen (15) years residing on the premises, the same may be served by certified mail with return receipt postmarked at least three (3) days before the date of trial.

Added by Laws 1968, c. 172, § 5, eff. Jan. 13, 1969.  Amended by Laws 1989, c. 347, § 1, eff. Nov. 1, 1989.

§121148.5A.  Constructive service of summons.

If, in the exercise of reasonable diligence, service cannot be made upon the defendant personally nor upon any person residing upon the premises over fifteen (15) years of age, then in lieu of service by certified mail, service may be obtained for the sole purpose of adjudicating the right to restitution of the premises by the sheriff's posting or by private process service posting of said summons conspicuously on the building on the premises, and, if there be no building on said premises, then by posting the same at some conspicuous place on the premises sought to be recovered at least five (5) days prior to the date of trial, and by the claimant's mailing a copy of said summons to the defendant at his lastknown address by certified mail at least five (5) days prior to said date of trial.  Such service shall confer no jurisdiction upon the court to render any judgment against the defendant for the payment of money nor for any relief other than the restoration of possession of the premises to the claimant, unless the defendant appears at trial.  Such service shall not be rendered ineffectual by the failure of the defendant to actually see or receive such posted process nor by his failure to actually receive or sign a return receipt for such mailed process.

Added by Laws 1976, c. 68, § 1.  Amended by Laws 1989, c. 205, § 1, eff. Nov. 1, 1989; Laws 1989, c. 347, § 2, eff. Nov. 1, 1989; Laws 1990, c. 89, § 1, eff. Sept. 1, 1990; Laws 1996, c. 339, § 1, eff. Nov. 1, 1996.

§121148.6.  Answer or affidavit by defendant.

A.  In all cases in which the defendant wishes to assert title to the land or that the boundaries of the land are in dispute, he shall, before the time for the trial of the cause, file a verified answer or an affidavit which contains a full and specific statement of the facts constituting his defense of title or boundary dispute.  If the defendant files such a verified answer or affidavit, the action shall proceed as one in ejectment before the proper division of the district court.  If the defendant files an affidavit he shall file answer within ten (10) days after the date the affidavit is filed.

B.  In all cases in which the cause of action is based on an asserted breach of a lease by the defendant, or the termination or expiration of a lease under which the defendant claims an interest in the property in a verified answer or affidavit, the plaintiff may proceed with the forcible entry and detainer action instead of an ejectment action.

C.  No answer by the defendant shall be required before the time for trial of the cause.

Added by Laws 1968, c. 172, § 6, eff. Jan. 13, 1969.  Amended by Laws 1978, c. 87, § 2, eff. Oct. 1, 1978.

§121148.7.  Jury trial  Trial by court.

If neither party demands a jury trial on or before the day of trial, the court shall try the cause.

Added by Laws 1968, c. 172, § 7, eff. Jan. 13, 1969.

§121148.8.  Procedure where no jury available.

If a jury be demanded by either party, and no jury is available from the general panel, the judge shall immediately direct that an open venire be issued to the sheriff of the county, or one of his deputies, for such number of jurors as may be deemed necessary, to be selected from the body of the county without resorting to the jury wheel.  The persons selected shall have the qualifications of jurors.

Added by Laws 1968, c. 172, § 8, eff. Jan. 13, 1969.

§121148.9.  Attorney fee.

A reasonable attorney fee shall be allowed by the court to the prevailing party.

Added by Laws 1968, c. 172, § 9, eff. Jan. 13, 1969.

§121148.10.  Writ of execution  Form  New trial.

If judgment be for plaintiff, the court shall, at the request of the plaintiff, his agent or attorney, issue a writ of execution thereon, which shall be in substantially the following form:

The State of Oklahoma, _______ County.

The State of Oklahoma to the Sheriff of ________ County:

Whereas, in a certain action for the forcible entry and detention (or for the forcible detention as the case may be) of the following described premises, to wit:  ______________ lately tried before me, wherein _________ was plaintiff, and _______ was defendant, judgment was rendered on the ____ day of ______, 19__, that the plaintiff have restitution of said premises; and also that he recover rent, attorney fees and costs in the sum of ______; you, therefore, are hereby commanded to cause the defendant to be forthwith removed from said premises and the said plaintiff to have restitution of the same; also that you levy on the goods and chattels of the said defendant, and make the costs aforesaid, and all accruing costs, and of this writ, make legal service and due return.

Witness my hand this _____ day of ________, 19__.

_______________

A.B., Judge

A motion for a new trial may be filed only within three (3) days of judgment but shall not operate to stay execution.

Added by Laws 1968, c. 172, § 10, eff. Jan. 13, 1969.

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

A.  The plaintiff or agent of the plaintiff or officer shall immediately notify the defendant in person or by posting of said notice that the plaintiff or agent of the plaintiff or officer shall return in forty-eight (48) hours to restore the plaintiff possession of the premises by executing the writ prescribed in Section 1148.10 of this title and shall make levy to collect the amount of the judgment and all accruing costs.

B.  The original writ of execution issued as provided by Section 1148.10 of this title shall be filed in the action in the manner provided for judgments in civil cases.

C.  The plaintiff or agent of the plaintiff may execute the writ upon the defendant by personally serving a certified copy of the writ upon the defendant or upon a person authorized to receive service of process as provided by Section 2004 of this title.  If the plaintiff or agent of the plaintiff is unable to personally serve the defendant or a person authorized to receive service of process as provided by Section 2004 of this title, the plaintiff or agent of the plaintiff may post a notice in a conspicuous place at the premises address that the plaintiff or agent of the plaintiff shall return at a specified date and time, which shall be not less than forty-eight (48) hours from the time of posting, to restore the plaintiff to possession of the premises by executing the writ prescribed in Section 1148.10 of this title.

D.  Any person who wrongfully refuses to surrender possession of the premises described in the writ of execution upon service of the writ by the plaintiff or the agent of the plaintiff shall, upon conviction, be deemed guilty of a trespass and may be punished by a fine in an amount not to exceed Five Hundred Dollars ($500.00) or by confinement in the county jail for a period not to exceed thirty (30) days or by both such fine and imprisonment.

E.  The plaintiff or the agent of the plaintiff may summon either the sheriff of the county or the law enforcement agency of the city or town in which the premises are located for assistance in executing the writ.

F.  The plaintiff's, the agent of the plaintiff's, or the officer's return shall be as upon other executions.  Within two (2) days of the date of the judgment, the defendant may post supersedeas bond conditioned as provided by law.  This time limit may be enlarged by a trial judge's order to not more than seven (7) days after the date of judgment.  The posting of a supersedeas bond shall not be construed to relieve the defendant of his duty to pay current rent as it becomes due while the appeal is pending.  The rent shall be paid into the court clerk's office together with poundage.  If there be controversy as to the amount of rent, the judge shall determine by order how much shall be paid in what time intervals.  Withdrawal by the plaintiff of rent deposited in the court clerk's office pending appeal shall not operate to estop him from urging on appeal his right to the possession of the premises.  Failure to pay current rentals while the appeal is pending shall be considered as abandonment of the appeal.

Added by Laws 1971, c. 205, § 1, eff. Oct. 1, 1971.  Amended by Laws 1991, c. 150, § 1, eff. Sept. 1, 1991; Laws 1995, c. 149, § 1, eff. Nov. 1, 1995.

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

A.  A tenant shall be allowed to cure a default in a forcible entry and detainer action in the following instance:

The default of the tenant was due to unpaid rent which was unpaid due to the good faith claim of a tenant that the landlord failed to provide the minimum services required by subsection C of Section 121 of Title 41 of the Oklahoma Statutes; provided that written notice of said claim or actual notice to the landlord's agent for collecting rent is provided within ten (10) days of the date that rent became due.

B.  In such instance, the order of the court must recite that the tenant by paying the judgment including court costs and attorney fees, by cash or cashier's check, within seventy-two (72) hours can avoid a writ of execution, cure the breach and remain in the premises.

Added by Laws 1990, c. 172, § 1, eff. Sept. 1, 1990.

§12-1148.11.  Repealed by Laws 1971, c. 205, § 3, eff. Oct. 1, 1971.

§12-1148.12.  Repealed by Laws 1970, c. 107, § 1, eff. April 1, 1970.

§121148.13.  Codification.

This act shall be incorporated in Title 12, Oklahoma Statutes.

Added by Laws 1968, c. 172, § 13, eff. Jan. 13, 1969.

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

An action for forcible entry and detainer brought pursuant to procedures prescribed otherwise in this title standing alone or when joined with a claim for recovery of rent, damages to the premises, or a claim arising under the Oklahoma Residential Landlord and Tenant Act, where the total recovery sought, exclusive of attorney's fees and other court costs, does not exceed the jurisdictional amount for the small claims court, shall be placed on the small claims docket of the district court.  The district courts may provide by court rule that any action for forcible entry and detainer may be assigned to the small claims division for determination of the right to possession, regardless of the underlying amount in controversy, at the conclusion of which, the matter shall be returned to the assigned judge for further proceedings.  The court clerk shall in connection with such actions prepare the affidavit, by which the action is commenced, and the summons, and generally assist unrepresented plaintiffs to the same extent that he is now required so to do under the Small Claims Procedure Act, Section 1751 et seq. of this title.

Added by Laws 1971, c. 339, § 5, eff. Oct. 1, 1971.  Amended by Laws 1978, c. 257, § 35, eff. Oct. 1, 1978; Laws 1994, c. 343, § 7, eff. Sept. 1, 1994.

§121148.15.  Affidavit  Form.

The actions for unlawful entry and detainer standing alone or when joined with a claim for collection of rent or damages to the premises, or both, shall be commenced by filing an affidavit in substantially the following form with the clerk of the court:

In the District Court, County of ____________________________, State of Oklahoma.

_____________________________________

Plaintiff

vs. No.__________   

_____________________________________

Defendant

STATE OF OKLAHOMA)

  )  ss

COUNTY OF _______)

AFFIDAVIT

____________________________, being duly sworn, deposes and says:

The defendant resides at _______________________________, in the  abovenamed county, and defendant's mailing address is ______________ ___________________________________________________________________.

The defendant is indebted to the plaintiff in the sum of $__________ for rent and for the further sum of $__________ for damages to the premises rented by the defendant; the plaintiff has demanded payment of said sum(s) but the defendant refused to pay the same and no part of the amount sued for herein has been paid,

and/or

the defendant is wrongfully in possession of certain real property described as ________________________________________________________ __________________________________________________________________; the plaintiff is entitled to possession thereof and has made demand on the defendant to vacate the premises, but the defendant refused to do so.

____________________

Subscribed and sworn to before me this _____ day of __________, 19__.

  _________________________________

  Notary Public (or Clerk or Judge)

Added by Laws 1971, c. 339, § 6, eff. Oct. 1, 1971.

§121148.16.  Summons  Form.

The summons to be issued in an action for forcible entry and detainer shall be in the following form:

SUMMONS

The State of Oklahoma to the withinnamed defendant:

You are hereby directed to relinquish immediately to the plaintiff herein total possession of the real property described as ___________________________________________________________________ or to appear and show cause why you should be permitted to retain control and possession thereof.

This matter shall be heard at ____________________ (name or address of building), in _______________, County of _______________, State of Oklahoma, at the hour of _____ o'clock of _____ day of  __________ month, 19__, or at the same time and place three (3) days after service hereof, whichever is the latter.  (This date shall be not less than five (5) days from the date summons is issued).  You are further notified that if you do not appear on the date shown, judgment will be given against you as follows:

For the amount of the claim for deficient rent and/or damages to the premises, as it is stated in the affidavit of the plaintiff and for possession of the real property described in said affidavit, whereupon a writ of assistance shall issue directing the sheriff to remove you from said premises and take possession thereof.

In addition, a judgment for costs of the action, including attorney's fees and other costs, may also be given.

Dated this _____ day of __________, 19__.

  ___________________________________

  Clerk of the Court (or Judge)

_____________________________

Plaintiff or Attorney

_____________________________

Address

_____________________________

Telephone Number

Added by Laws 1971, c. 339, § 7, eff. Oct. 1, 1971.  Amended by Laws 1973, c. 187, § 1, emerg. eff. May 17, 1973.

§121151.  Grounds for attachment.

The plaintiff in a civil action for the recovery of money may, at or after the commencement thereof, have an attachment against the property of the defendant, and upon the grounds herein stated:

1.  When the defendant, or one of several defendants, is a foreign corporation, or a nonresident of this state, (but no order of attachment shall be issued on the ground or grounds in this clause stated for any claim other than a debt or demand arising upon contract, judgment or decree, unless the cause of action arose wholly within the limits of this state, which fact must be established on the trial):

2.  When the defendant, or one of several defendants, has absconded with intention to defraud his creditors; or,

3.  Has left the county of his residence to avoid the service of summons; or,

4.  So conceals himself that a summons cannot be served upon him; or,

5.  Is about to remove his property, or a part thereof, out of the jurisdiction of the court, with the intent to defraud his creditors; or,

6.  Is about to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors; or,

7.  Has property or rights in action, which he conceals; or,

8.  Has assigned, removed or disposed of, or is about to dispose of, his property, or a part thereof, with the intent to defraud, hinder or delay his creditors; or,

9.  Fraudulently contracted the debt, or fraudulently incurred the liability or obligations for which the suit is about to be or has been brought; or,

10.  Where the damages for which the action is brought are for injuries arising from the commission of some felony or misdemeanor, or the seduction of any female; or,

11.  When the debtor has failed to pay the price or value of any article or thing delivered, which by contract he was bound to pay upon delivery.

R.L. 1910, § 4812.

§121152.  Attachment affidavit.

An order of attachment shall be issued by the judge of the court in which the action is brought, when:

1.  There is filed in the office of the court clerk an application that the court issue an order of attachment which states facts which show:

First, The nature of the plaintiff's claim;

Second, That it is just;

Third, The amount which the affiant believes the plaintiff ought to recover; and,

Fourth, The existence of some one of the grounds for an attachment enumerated in Section 1151 of this title.

2.  The application must be verified by the plaintiff or, where his agent or attorney has personal knowledge of the facts, by said agent or attorney.

3.  The defendant has been served with a notice, issued by the clerk, which shall notify the defendant that an order of attachment of property is requested and that he may object to the issuance of such an order by a written objection which is filed with the court clerk and mailed or delivered to the plaintiff's attorney within five (5) days of the receipt of the notice.  A copy of plaintiff's application shall be attached to and served with the notice, and the notice and application may be served with the summons in the action.

4.  If no written objection is filed within the fiveday period, no hearing is necessary and the clerk may issue the order of attachment.  If a written objection is filed within the fiveday period, the court shall, at the request of either party, set the matter for a prompt hearing with notice to the adverse party.  If the plaintiff proves the probable merit of his cause and the truth of the matters asserted in his application for an order of attachment, the court may issue the order of attachment.  Provided, however, before an order of attachment is issued by either the court or the clerk, the plaintiff has executed an undertaking pursuant to Section 1153 of this title.

5.  If the court finds that the defendant cannot be given notice as provided herein although a reasonable effort was made to notify him, but at the hearing the plaintiff proves the probable merit of his cause and the truth of the matters asserted in his application, the court may issue the order of attachment.  The defendant may subsequently move to have the attachment vacated as provided in Section 1241 of this title.

R.L. 1910, § 4813.  Amended by Laws 1976, c. 87, § 1, emerg. eff. May 4, 1976.

§121153.  Attachment bonds.

The order of attachment shall not be issued until an undertaking on the part of the plaintiff has been executed by one or more sufficient sureties, approved by the clerk and filed in his office, in a sum not less than double the amount of the plaintiff's claim, to the effect that the plaintiff shall pay to the defendant all damages that he may sustain by reason of the attachment, including reasonable attorney's fees, if the order be wrongfully obtained; but no undertaking shall be required where the State of Oklahoma is the party plaintiff.

R.L. 1910, § 4814.  Amended by Laws 1923, c. 73, p. 140, § 1; Laws 1976, c. 87, § 2, emerg. eff. May 4, 1976.

§121154.  Order of attachment.

The order of attachment shall be directed and delivered to the sheriff.  It shall require him to attach the lands, tenements, goods, chattels, stocks, rights, credits, moneys and effects of the defendant in his county, not exempt by law from being applied to the payment of the plaintiff's claim, or so much thereof as will satisfy the plaintiff's claim, to be stated in the order as in the affidavit, and the probable cost of the action not exceeding Fifty Dollars ($50.00).

R.L. 1910, § 4815.

§121155.  Orders to several counties.

Orders of attachment may be issued to the sheriffs of different counties, and several of them may, at the option of the plaintiff, be issued at the same time, or in succession; but only such as have been executed shall be taxed in the costs, unless otherwise directed by the court.

R.L. 1910, § 4816.

§121156.  Returnable, when.

The return day of the order of attachment when issued at the commencement of the action, shall be the same as that of the summons.  When issued afterwards, it shall be twenty (20) days after it is issued.

R.L. 1910, § 4817.

§121157.  Order of execution.

Where there are several orders of attachment against the defendant, they shall be executed in the order in which they are received by the sheriff.

R.L. 1910, § 4818.

§121158.  Execution of order.

The order of attachment shall be executed by the sheriff, without delay.  He shall go to the place where the defendant's property may be found, and declare that, by virtue of said order, he attaches said property at the suit of the plaintiff; and the officer, with two householders, who shall be first sworn or affirmed by the officer, shall make a true inventory and appraisement of all the property attached, which shall be signed by the officer and householders, and returned with the order.

R.L. 1910, § 4819.

§121159.  Service of order  Custody of attached property  Filing of order.

When the property attached is real property, the officer shall leave a copy of the order with the occupant, or, if there be no occupant, then a copy of the order shall be posted in a conspicuous place on the real property.  Where it is personal property, and he can get possession, he shall take such into his custody, and hold it subject to the order of the court.

When the property attached is real property, third parties shall not be affected until a copy of the attachment order and the legal description of the real property attached shall be filed and placed of record with the county clerk of the county where the real property is located.

R.L. 1910, § 4820.  Amended by Laws 1980, c. 234, § 1, eff. Oct. 1, 1980.

§121160.  Redelivery on bond.

The sheriff shall deliver the property attached to the person in whose possession it was f