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  Repealed by Laws 1984, c. 164, § 32, eff.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  Repealed by Laws 1984, c. 164, § 32, eff.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  Repealed by Laws 1984, c. 164, § 32, eff.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  Repealed by Laws 1984, c. 164, § 32, eff.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  Repealed by Laws 1984, c. 164, § 32, eff.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  Repealed by Laws 1984, c. 164, § 32, eff.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  Repealed by Laws 1984, c. 164, § 32, eff.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  Repealed by Laws 1984, c. 164, § 32, eff.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  Repealed by Laws 1984, c. 164, § 32, eff.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  Repealed by Laws 1984, c. 164, § 32, eff.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  Repealed by Laws 1984, c. 164, § 32, eff.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  Repealed by Laws 1984, c. 164, § 32, eff.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  Repealed by Laws 1984, c. 164, § 32, eff.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  Repealed by Laws 1984, c. 164, § 32, eff.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  Repealed by Laws 1984, c. 164, § 32, eff.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  Repealed by Laws 1984, c. 164, § 32, eff.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  Repealed by Laws 1980, c. 180, § 6, emerg.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.