Okla. Stat. tit. 12, § 12-3236 — OK Code / Title 12 / Section 12-3236
Requests for admission
Status: in_force

A. REQUEST FOR ADMISSION. A party may serve upon any other

party a written request for the admission, for purposes of the

pending action only, of the truth of any matters within the scope of

Section 3226 of this title set forth in the request that relate to

statements or opinions of fact or of the application of law to fact,

including the genuineness of any documents described in the request.

Copies of documents shall be served with the request for admission

unless they have been or are otherwise furnished or made available

for inspection and copying. The number of requests for admissions

for each party is limited to thirty. No further requests for

admission will be served unless authorized by the court. If counsel

for a party believes that more than thirty requests for admissions

are necessary, counsel shall consult with opposing counsel promptly

and attempt to reach a written stipulation as to a reasonable number

of additional requests for admissions. Counsel are expected to

comply with this requirement in good faith. In the event a written

stipulation cannot be agreed upon, the party seeking to submit such

additional requests for admissions shall file a motion with the

court (1) showing that counsel have conferred in good faith but

sincere attempts to resolve the issue have been unavailing, (2)

showing reasons establishing good cause for their use, and (3)

setting forth the proposed additional requests.

The request may, without leave of court, be served upon any

party after the filing of a petition. Each matter of which an

admission is requested shall be separately set forth. The matter is

admitted unless, within thirty (30) days after service of the

request, or within such shorter or longer time as the court may

allow, the party to whom the request is directed serves upon the

party requesting the admission a written answer or objection

addressed to the matter, signed by the party or by the party's

attorney. The thirty-day response period shall not commence until

an answer to the petition is filed. However, upon leave of court or

otherwise agreed to in writing by the parties subject to Section

3229 of this title, the response to the request may be required

prior to the filing of an answer to the petition.

If objection is made, the reasons therefor shall be stated. The

answer shall specifically deny the matter or set forth in detail the

reasons why the answering party cannot truthfully admit or deny the

matter. A denial shall fairly meet the substance of the requested

Oklahoma Statutes - Title 12. Civil Procedure Page 532

admission, and when good faith requires that a party qualify his or

her answer or deny only a part of the matter of which an admission

is requested, he or she shall specify so much of it as is true and

qualify or deny the remainder. An answering party may not give lack

of information or knowledge as a reason for failure to admit or deny

unless the party states that he or she has made reasonable inquiry

and that the information known or readily obtainable by the party is

insufficient to enable him or her to admit or deny. A party who

considers that a matter of which an admission has been requested

presents a genuine issue for trial may not, on that ground alone,

object to the request; he or she may, subject to the provisions of

subsection D of Section 3237 of this title, deny the matter or set

forth reasons why he or she cannot admit or deny it.

The party who has requested the admission may move to determine

the sufficiency of the answers or objections. Unless the court

determines that an objection is justified, it shall order that an

answer be served. If the court determines that an answer does not

comply with the requirements of this section, it may order either

that the matter is admitted or that an amended answer be served.

The court may, in lieu of these orders, determine that final

disposition of the request be made at a pretrial conference or at a

designated time prior to trial. The provisions of paragraph 4 of

subsection A of Section 3237 of this title apply to the award of

expenses incurred in relation to the motion.

B. EFFECT OF ADMISSION. Any matter admitted under this section

is conclusively established unless the court on motion permits

withdrawal or amendment of the admission. The court may permit

withdrawal or amendment of an admission when the presentation of the

merits of the action will be subserved thereby and the party who

obtained the admission fails to satisfy the court that withdrawal or

amendment will prejudice him or her in maintaining his or her action

or defense on the merits.

C. SCOPE OF ADMISSIONS. Any admission made by a party under

this section is for the purpose of the pending action only and is

not an admission for any other purpose nor may it be used against

him or her in any other proceeding.
Okla. Stat. tit. 12, § 12-1509 — OK Code / Title 12 / Section 12-1509
Duty of commissioners - Report - Notice of time limit for
Status: in_force

filing exception or election.

A. The commissioners shall make partition of the property among

the parties according to their respective interests, if such

partition can be made without manifest injury. But if such

partition cannot be made, the commissioners shall make a valuation

and appraisement of the property. They shall make a report of their

proceedings to the court, forthwith. For the purpose of this

section the term "party" shall mean one who has been adjudged to own

an undivided interest in the property involved in the action.

B. Within ten (10) days after the report of commissioners is

filed with the court clerk, the attorney for the plaintiff shall

forward by certified mail to the attorney of record for every other

party in the case and to each party not represented by an attorney,

a copy of the commissioners' report and a notice stating that the

time limit for filing an exception or an election to take the

property at the appraisement, if partition cannot be made, is not

later than twenty (20) days from the date the report was filed.

Before the expiration of the said twenty (20) days, the court may

fix a different and longer period for the filing of an election.

The mailing of notice as required herein shall be certified by

affidavit to be filed, attached to the original notice. If a party

has been served by publication, the notice of said time limit shall

be published in one issue of a newspaper qualified to publish legal

notices, at least ten (10) days prior to the expiration of the date

to file exception or election.

C. The time limit for filing an exception or an election to

take property at appraisement, as prescribed in subsection B of this

section, shall be calculated from the date the report of the

commissioners is filed in the case. On failure of the attorney for

plaintiff to give notice within the time prescribed in subsection B

of this section, the court, on application of any party, may extend

the time for filing an exception or an election for the period not

to exceed twenty (20) days from the date the application is heard.
Okla. Stat. tit. 12A, § 12A-2-309 — OK Code / Title 12A / Section 12A-2-309
Absence of Specific Time Provisions; Notice of
Status: in_force

Termination.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 196

(1) The time for shipment or delivery or any other action under

a contract if not provided in this article or agreed upon shall be a

reasonable time.

(2) Where the contract provides for successive performances but

is indefinite in duration it is valid for a reasonable time but

unless otherwise agreed may be terminated at any time by either

party.

(3) Termination of a contract by one party except on the

happening of an agreed event requires that reasonable notification

be received by the other party and an agreement dispensing with

notification is invalid if its operation would be unconscionable.
Okla. Stat. tit. 12A, § 12A-15-115 — OK Code / Title 12A / Section 12A-15-115
Time and place of sending and receipt
Status: in_force

TIME AND PLACE OF SENDING AND RECEIPT

(a) Unless otherwise agreed between the sender and the

recipient, an electronic record is sent when it:

(1) is addressed properly or otherwise directed properly to an

information processing system that the recipient has designated or

uses for the purpose of receiving electronic records or information

of the type sent and from which the recipient is able to retrieve

the electronic record;

(2) is in a form capable of being processed by that system; and

(3) enters an information processing system outside the control

of the sender or of a person that sent the electronic record on

behalf of the sender or enters a region of the information

processing system designated or used by the recipient which is under

the control of the recipient.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 478

(b) Unless otherwise agreed between a sender and the recipient,

an electronic record is received when:

(1) it enters an information processing system that the

recipient has designated or uses for the purpose of receiving

electronic records or information of the type sent and from which

the recipient is able to retrieve the electronic record; and

(2) it is in a form capable of being processed by that system.

(c) Subsection (b) of this section applies even if the place

the information processing system is located is different from the

place the electronic record is deemed to be received under

subsection (d) of this section.

(d) Unless otherwise expressly provided in the electronic

record or agreed between the sender and the recipient, an electronic

record is deemed to be sent from the sender’s place of business and

to be received at the recipient’s place of business. For purposes

of this subsection, the following rules apply:

(1) If the sender or recipient has more than one place of

business, the place of business of that person is the place having

the closest relationship to the underlying transaction.

(2) If the sender or the recipient does not have a place of

business, the place of business is the sender’s or recipient’s

residence, as the case may be.

(e) An electronic record is received under subsection (b) of

this section even if no individual is aware of its receipt.

(f) Receipt of an electronic acknowledgment from an information

processing system described in subsection (b) of this section

establishes that a record was received but, by itself, does not

establish that the content sent corresponds to the content received.

(g) If a person is aware that an electronic record purportedly

sent under subsection (a) of this section, or purportedly received

under subsection (b) of this section, was not actually sent or

received, the legal effect of the sending or receipt is determined

by other applicable law. Except to the extent permitted by the

other law, the requirements of this subsection may not be varied by

agreement.
Okla. Stat. tit. 12A, § 12A-3-503 — OK Code / Title 12A / Section 12A-3-503
Notice of Dishonor
Status: in_force

NOTICE OF DISHONOR

(a) The obligation of an indorser stated in subsection (a) of

Section 3-415 of this title and the obligation of a drawer stated in

subsection (d) of Section 3-414 of this title may not be enforced

unless (i) the indorsers or drawer is given notice of dishonor of

the instrument complying with this section or (ii) notice of

dishonor is excused under subsection (b) of Section 3-504 of this

title.

(b) Notice of dishonor may be given by any person; may be given

by any commercially reasonable means, including an oral, written, or

electronic communication; and is sufficient if it reasonably

identifies the instrument and indicates that the instrument has been

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 322

dishonored or has not been paid or accepted. Return of an

instrument given to a bank for collection is sufficient notice of

dishonor.

(c) Subject to subsection (c) of Section 3-504 of this title,

with respect to an instrument taken for collection by a collecting

bank, notice of dishonor must be given (i) by the bank before

midnight of the next banking day following the banking day on which

the bank receives notice of dishonor of the instrument, or (ii) by

any other person within thirty (30) days following the day on which

the person receives notice of dishonor. With respect to any other

instrument, notice of dishonor must be given within thirty (30) days

following the day on which dishonor occurs.
Okla. Stat. tit. 12, § 12-1440 — OK Code / Title 12 / Section 12-1440
Application with other laws - Construction
Status: in_force

A. The Oklahoma Citizens Participation Act shall not abrogate

or lessen any other defense, remedy, immunity or privilege available

under other constitutional, statutory, case or common law or rule

provisions.

B. The Oklahoma Citizens Participation Act shall be construed

liberally to effectuate its purpose and intent fully.
Okla. Stat. tit. 12A, § 12A-8-302 — OK Code / Title 12A / Section 12A-8-302
Rights of Purchaser
Status: in_force

Rights of Purchaser.

(a) Except as otherwise provided in subsections (b) and (c) of

this section, a purchaser of a certificated or uncertificated

security acquires all rights in the security that the transferor had

or had power to transfer.

(b) A purchaser of a limited interest acquires rights only to

the extent of the interest purchased.

(c) A purchaser of a certificated security who as a previous

holder had notice of an adverse claim does not improve its position

by taking from a protected purchaser.
Okla. Stat. tit. 12A, § 12A-7-603 — OK Code / Title 12A / Section 12A-7-603
Conflicting claims - Interpleader
Status: in_force

Conflicting Claims; Interpleader.

If more than one person claims title or possession of the goods,

the bailee is excused from delivery until the bailee has a

reasonable time to ascertain the validity of the adverse claims or

to commence an action for interpleader. The bailee may assert an

interpleader either in defending an action for nondelivery of the

goods or by original action.
Okla. Stat. tit. 12A, § 12A-2-513 — OK Code / Title 12A / Section 12A-2-513
Buyer's Right to Inspection of Goods
Status: in_force

(1) Unless otherwise agreed and subject to subsection (3),

where goods are tendered or delivered or identified to the contract

for sale, the buyer has a right before payment or acceptance to

inspect them at any reasonable place and time and in any reasonable

manner. When the seller is required or authorized to send the goods

to the buyer, the inspection may be after their arrival.

(2) Expenses of inspection must be borne by the buyer but may

be recovered from the seller if the goods do not conform and are

rejected.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 214

(3) Unless otherwise agreed and subject to the provisions of

this article on C.I.F. contracts (subsection (3) of Section 2-321),

the buyer is not entitled to inspect the goods before payment of the

price when the contract provides

(a) for delivery "C.O.D." or on other like terms; or

(b) for payment against documents of title, except where

such payment is due only after the goods are to become available for

inspection.

(4) A place or method of inspection fixed by the parties is

presumed to be exclusive but unless otherwise expressly agreed it

does not postpone identification or shift the place for delivery or

for passing the risk of loss. If compliance becomes impossible,

inspection shall be as provided in this section unless the place or

method fixed was clearly intended as an indispensable condition

failure of which avoids the contract.
Okla. Stat. tit. 12, § 12-1551 — OK Code / Title 12 / Section 12-1551
Appointment of receiver
Status: in_force

A receiver may be appointed by a Judge of the Supreme Court or a

district court judge:

1. In an action by a vendor to vacate a fraudulent purchase of

property, or by a creditor to subject any property or fund to his

claim, or between partners or others jointly owning or interested in

any property or fund, on the application of the plaintiff, or of any

party whose right to or interest in the property or fund, or the

proceeds thereof, is probable, and where it is shown that the

property or fund is in danger of being lost, removed or materially

injured.

2. In an action by a mortgagee for the foreclosure of his

mortgage and sale of the mortgaged property or in connection with a

mortgagee foreclosing his mortgage by power of sale under the

Oklahoma Power of Sale Mortgage Foreclosure Act:

a. where it appears that the mortgaged property is in

danger of being lost, removed or materially injured,

or

b. that a condition of the mortgage has not been

performed, and that the property is probably

insufficient to discharge the mortgage debt, or

c. that a condition of the mortgage has not been

performed and the mortgage instrument provides for the

appointment of a receiver.

3. After judgment, to carry the judgment into effect.

4. After judgment, to dispose of the property according to the

judgment, or to preserve it during the pendency of an appeal, or in

proceeding in aid of execution, when an execution has been returned

unsatisfied, or when the judgment debtor refuses to apply his

property in satisfaction of the judgment.

5. In the cases provided in this Code, and by special statutes,

when a corporation has been dissolved, or is insolvent, or in

imminent danger of insolvency, or has forfeited its corporate

rights.

6. In all other cases where receivers have heretofore been

appointed by the usages of the courts of equity.

Oklahoma Statutes - Title 12. Civil Procedure Page 311

R.L. 1910, § 4979. Amended by Laws 1989, c. 332, § 1, eff. Nov. 1,

1989.
Okla. Stat. tit. 12A, § 12A-2-703 — OK Code / Title 12A / Section 12A-2-703
Seller's Remedies in General
Status: in_force

Where the buyer wrongfully rejects or revokes acceptance of

goods or fails to make a payment due on or before delivery or

repudiates with respect to a part or the whole, then with respect to

any goods directly affected and, if the breach is of the whole

contract (Section 2- 612), then also with respect to the whole

undelivered balance, the aggrieved seller may

(a) withhold delivery of such goods;

(b) stop delivery by any bailee as hereafter provided

(Section 2-705);

(c) proceed under the next section respecting goods still

unidentified to the contract;

(d) resell and recover damages as hereafter provided

(Section 2-706);

(e) recover damages for nonacceptance (Section 2-708) or

in a proper case the price (Section 2-709);

(f) cancel.
Okla. Stat. tit. 12A, § 12A-3-103 — OK Code / Title 12A / Section 12A-3-103
Definitions
Status: reserved

DEFINITIONS

(a) In this article:

(1) "Acceptor" means a drawee who has accepted a draft;

(2) "Drawee" means a person ordered in a draft to make

payment;

(3) "Drawer" means a person who signs or is identified in

a draft as a person ordering payment;

(4) Reserved;

(5) "Maker" means a person who signs or is identified in a

note as a person undertaking to pay;

(6) "Order" means a written instruction to pay money

signed by the person giving the instruction. The

instruction may be addressed to any person, including

the person giving the instruction, or to one or more

persons jointly or in the alternative but not in

succession. An authorization to pay is not an order

unless the person authorized to pay is also instructed

to pay;

(7) "Ordinary care" in the case of a person engaged in

business means observance of reasonable commercial

standards, prevailing in the area in which the person

is located, with respect to the business in which the

person is engaged. In the case of a bank that takes

an instrument for processing for collection or payment

by automated means, reasonable commercial standards do

not require the bank to examine the instrument if the

failure to examine does not violate the bank's

prescribed procedures and the bank's procedures do not

vary unreasonably from general banking usage not

disapproved by this article or Article 4 of this

title;

(8) "Party" means a party to an instrument;

(9) “Principal obligor”, with respect to an instrument,

means the accommodated party or any other party to the

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 281

instrument against whom a secondary obligor has

recourse under this article;

(10) "Promise" means a written undertaking to pay money

signed by the person undertaking to pay. An

acknowledgment of an obligation by the obligor is not

a promise unless the obligor also undertakes to pay

the obligation;

(11) "Prove", with respect to a fact, means to meet the

burden of establishing the fact (subsection (8) of

Section 1-201 of this title);

(12) Reserved;

(13) "Remitter" means a person who purchases an instrument

from its issuer if the instrument is payable to an

identified person other than the purchaser; and

(14) “Secondary obligor”, with respect to an instrument,

means (i) an indorser or an accommodation party, (ii)

a drawer having the obligation described in subsection

(d) of Section 3-414 of this title, or (iii) any other

party to the instrument that has recourse against

another party to the instrument pursuant to subsection

(b) of Section 3-116 of this title.

(b) Other definitions applying to this article and the sections

in which they appear in this title are:

"Acceptance" Section 3-409

"Accommodated party" Section 3-419

"Accommodation party" Section 3-419

“Account” Section 4-104

"Alteration" Section 3-407

"Anomalous indorsement" Section 3-205

"Blank indorsement" Section 3-205

"Cashier's check" Section 3-104

"Certificate of deposit" Section 3-104

"Certified check" Section 3-409

"Check" Section 3-104

"Consideration" Section 3-303

"Draft" Section 3-104

"Holder in due course" Section 3-302

"Incomplete instrument" Section 3-115

"Indorsement" Section 3-204

"Indorser" Section 3-204

"Instrument" Section 3-104

"Issue" Section 3-105

"Issuer" Section 3-105

"Negotiable instrument" Section 3-104

"Negotiation" Section 3-201

"Note" Section 3-104

"Payable at a definite time" Section 3-108

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 282

"Payable on demand" Section 3-108

"Payable to bearer" Section 3-109

"Payable to order" Section 3-109

"Payment" Section 3-602

"Person entitled to enforce" Section 3-301

"Presentment" Section 3-501

"Reacquisition" Section 3-207

"Special indorsement" Section 3-205

"Teller's check" Section 3-104

"Transfer of instrument" Section 3-203

"Traveler's check" Section 3-104

"Value" Section 3-303

(c) The following definitions in other articles of this title

apply to this article:

"Banking day" Section 4-104

"Clearing house" Section 4-104

"Collecting bank" Section 4-105

"Depositary bank" Section 4-105

"Documentary draft" Section 4-104

"Intermediary bank" Section 4-105

"Item" Section 4-104

"Payor bank" Section 4-105

"Suspends payments" Section 4-104

(d) In addition, Article 1 of the Uniform Commercial Code, this

title, contains general definitions and principles of construction

and interpretation applicable throughout this article.
Okla. Stat. tit. 12A, § 12A-11-104 — OK Code / Title 12A / Section 12A-11-104
Transition Provision on Change of Place of Filing
Status: in_force

Transition Provision on Change of Place of Filing. -

(1) A financing statement or continuation statement filed prior

to October 1, 1981, which shall not have lapsed prior to that date

shall remain effective for the period provided in the unamended

version of the U.C.C., but for not less than five (5) years after

the filing.

(2) With respect to any collateral acquired by the debtor

subsequent to the effective date of this act, any effective

financing statement or continuation statement described in this

section shall apply only if the filing or filings are in the office

or offices that would be appropriate to perfect the security

interests in the new collateral under the provisions of this act.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 462

(3) The effectiveness of any financing statement or

continuation statement filed prior to the effective date of this act

may be continued by a continuation statement as permitted by this

act, except that if this act requires a filing in an office where

there was no previous financing statement, a new financing statement

conforming to Section 11-105 shall be filed in that office.

(4) If the record of a mortgage of real estate would have been

effective as a fixture filing of goods described therein if this act

had been in effect on the date of recording the mortgage, the

mortgage shall be deemed effective as a fixture filing as to such

goods under subsection (6) of Section 9-402 of this act on October

1, 1981.
Okla. Stat. tit. 12, § 12-1600.8 — OK Code / Title 12 / Section 12-1600.8
Renumbered as § 308 of Title 43 by Laws 1990, c. 188, §
Status: in_force

3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12, § 12-1038 — OK Code / Title 12 / Section 12-1038
Limitations
Status: in_force

Proceedings to vacate or modify a judgment, decree or order, for

the causes mentioned in paragraphs 4, 5 and 7 of Section 1031 of

this title must be commenced within two (2) years after the filing

of the judgment, decree or order, unless the party entitled thereto

be an infant, or a person of unsound mind and then within two (2)

years after removal of such disability. Proceedings for the causes

mentioned in paragraphs 3 and 6 of Section 1031 of this title, shall

be within three (3) years, and in paragraph 9 of Section 1031 of

this title, within one (1) year after the defendant has notice of

the judgment, decree or order. A void judgment, decree or order may

be vacated at any time, on motion of a party, or any person affected

thereby.

R.L. 1910, § 5274. Amended by Laws 1990, c. 251, § 17, eff. Jan. 1,

1991; Laws 1991, c. 251, § 20, eff. June 1, 1991; Laws 1993, c. 351,

§ 27, eff. Oct. 1, 1993.
Okla. Stat. tit. 12A, § 12A-8-102 — OK Code / Title 12A / Section 12A-8-102
Definitions
Status: in_force

Definitions.

(a) In this article:

(1) "Adverse claim" means a claim that a claimant has a

property interest in a financial asset and that it is

a violation of the rights of the claimant for another

person to hold, transfer or deal with the financial

asset;

(2) "Bearer form", as applied to a certificated security,

means a form in which the security is payable to the

bearer of the security certificate according to its

term but not by reason of an indorsement;

(3) "Broker" means a person defined as a broker or dealer

under the federal securities laws, but without

excluding a bank acting in that capacity;

(4) "Certificated security" means a security that is

represented by a certificate;

(5) "Clearing corporation" means:

(i) a person that is registered as a "clearing

agency" under the federal securities laws;

(ii) a federal reserve bank; or

(iii) any other person that provides clearance or

settlement services with respect to financial

assets that would require it to register as a

clearing agency under the federal securities laws

but for an exclusion or exemption from the

registration requirement, if its activities as a

clearing corporation, including promulgation of

rules, are subject to regulation by a federal or

state governmental authority;

(6) "Communicate" means to:

(i) send a signed record; or

(ii) transmit information by any mechanism agreed upon

by the persons transmitting and receiving the

information;

(7) "Entitlement holder" means a person identified in the

records of a securities intermediary as the person

having a security entitlement against the securities

intermediary. If a person acquires a security

entitlement by virtue of paragraph (2) or (3) of

subsection (b) of Section 8-501 of this title, that

person is the entitlement holder;

(8) "Entitlement order" means a notification communicated

to a securities intermediary directing transfer or

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 421

redemption of a financial asset to which the

entitlement holder has a security entitlement;

(9) "Financial asset", except as otherwise provided in

Section 8-103 of this title, means:

(i) a security;

(ii) an obligation of a person or a share,

participation or other interest in a person or in

property or an enterprise of a person, which is,

or is of a type, dealt in or traded on financial

markets, or which is recognized in any area in

which it is issued or dealt in as a medium for

investment; or

(iii) any property that is held by a securities

intermediary for another person in a securities

account if the securities intermediary has

expressly agreed with the other person that the

property is to be treated as a financial asset

under this article.

As context requires, the term means either the

interest itself or the means by which a person's claim

to it is evidenced, including a certificated or

uncertificated security, a security certificate, or a

security entitlement;

(10) "Good faith", for purposes of the obligation of good

faith in the performance or enforcement of contracts

or duties within this article, means honesty in fact

and the observance of reasonable commercial standards

of fair dealing;

(11) "Indorsement" means a signature that alone or

accompanied by other words is made on a security

certificate in registered form or on a separate

document for the purpose of assigning, transferring or

redeeming the security or granting a power to assign,

transfer, or redeem it;

(12) "Instruction" means a notification communicated to the

issuer of an uncertificated security which directs

that the transfer of the security be registered or

that the security be redeemed;

(13) "Registered form", as applied to a certificate

security, means a form in which:

(i) the security certificate specifies a person

entitled to the security; and

(ii) a transfer of the security may be registered upon

books maintained for that purpose by or on behalf

of the issuer, or the security certificate so

states;

(14) "Securities intermediary" means:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 422

(i) a clearing corporation; or

(ii) a person, including a bank or broker, that in the

ordinary course of its business maintains

securities accounts for others and is acting in

that capacity;

(15) "Security", except as otherwise provided in Section 8-

103 of this title, means an obligation of an issuer or

a share, participation, or other interest in an issuer

or in property or an enterprise of an issuer:

(i) which is represented by a security certificate in

bearer or registered form, or the transfer of

which may be registered upon books maintained for

that purpose by or on behalf of the issuer;

(ii) which is one of a class or series or by its terms

is divisible into a class or series of shares,

participations, interests, or obligations; and

(iii) which:

(A) is, or is of a type, dealt in or traded on

securities exchanges or securities markets;

or

(B) is a medium for investment and by its terms

expressly provides that it is a security

governed by this article;

(16) "Security certificate" means a certificate

representing a security;

(17) "Security entitlement" means the rights and property

interest of an entitlement holder with respect to a

financial asset specified in Part 5 of this article;

and

(18) "Uncertificated security" means a security that is not

represented by a certificate.

(b) The following definitions in this article and other

articles apply to this article:

"Appropriate person". Section 8-107.

"Control". Section 8-106.

"Controllable account". Section 1-9-102.

"Controllable electronic record". Section 12-102.

"Controllable payment intangible". Section 1-9-102.

"Delivery". Section 8-301.

"Investment company security". Section 8-103.

"Issuer". Section 8-201.

"Overissue". Section 8-210.

"Protected purchaser". Section 8-303.

"Securities account". Section 8-501.

(c) In addition, Article 1 contains general definitions and

principles of construction and interpretation applicable throughout

this article.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 423

(d) The characterization of a person, business, or transaction

for purposes of this article does not determine the characterization

of the person, business, or transaction for purposes of any other

law, regulation, or rule.
Okla. Stat. tit. 12, § 12-392 — OK Code / Title 12 / Section 12-392
Disobedience of subpoena or refusal to be sworn or answer
Status: in_force

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.Oklahoma Statutes - Title 12. Civil Procedure Page 6
Okla. Stat. tit. 12, § 12-1277.9 — OK Code / Title 12 / Section 12-1277.9
Renumbered as § 120 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.

Oklahoma Statutes - Title 12. Civil Procedure Page 270
Okla. Stat. tit. 12A, § 12A-7-403 — OK Code / Title 12A / Section 12A-7-403
Obligation of bailee to deliver - Excuse
Status: in_force

Obligation of Bailee to Deliver; Excuse.

(a) A bailee shall deliver the goods to a person entitled under

a document of title if the person complies with subsections (b) and

(c) of this section, unless and to the extent that the bailee

establishes any of the following:

(1) delivery of the goods to a person whose receipt was

rightful as against the claimant;

(2) damage to or delay, loss, or destruction of the goods for

which the bailee is not liable;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 413

(3) previous sale or other disposition of the goods in lawful

enforcement of a lien or on warehouse’s lawful termination of

storage;

(4) the exercise by a seller of its right to stop delivery

pursuant to Section 2-705 of this title or by a lessor of its right

to stop delivery pursuant to Section 2A-526 of this title;

(5) a diversion, reconsignment or other disposition pursuant to

Section 7-303 of this title;

(6) release, satisfaction or any other personal defense against

the claimant; or

(7) any other lawful excuse.

(b) A person claiming goods covered by a document of title

shall satisfy the bailee's lien if the bailee so requests or if the

bailee is prohibited by law from delivering the goods until the

charges are paid.

(c) Unless the person claiming the goods is a person against

which the document of title does not confer a right under subsection

(a) of Section 7-503 of this title:

(1) the person claiming under a document shall surrender

possession or control of any outstanding negotiable document

covering the goods for cancellation or indication of partial

deliveries; and

(2) the bailee shall cancel the document or conspicuously

indicate in the document the partial delivery or the bailee is

liable to any person to which the document is duly negotiated.
Okla. Stat. tit. 12, § 12-2610 — OK Code / Title 12 / Section 12-2610
Religious beliefs or opinions
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 468

Evidence of the beliefs or opinions of a witness on matters of

religion is not admissible for the purpose of showing that by reason

of their nature the witness’s credibility is impaired or enhanced.
Okla. Stat. tit. 12A, § 12A-2-717 — OK Code / Title 12A / Section 12A-2-717
Deduction of Damages From the Price
Status: in_force

The buyer on notifying the seller of his intention to do so may

deduct all or any part of the damages resulting from any breach of

the contract from any part of the price still due under the same

contract.
Okla. Stat. tit. 12, § 12-1635 — OK Code / Title 12 / Section 12-1635
Judgment
Status: in_force

The judgment shall recite generally the material facts and the

change granted, or if denied, the reasons for the denial. A

certified or authenticated copy of such judgment may be filed in any

office, where proper to do so, and shall be regarded as a judgment

in a civil action.
Okla. Stat. tit. 12, § 12-990.4 — OK Code / Title 12 / Section 12-990.4
Stay of enforcement - Judgments, decrees or final
Status: in_force

orders.

A. Except as provided in subsection C of this section, a party

may obtain a stay of the enforcement of a judgment, decree or final

order:

1. While a posttrial motion is pending;

2. During the time in which an appeal may be commenced in any

court in or outside of this state; or

3. While an appeal is pending in any court in or outside of

this state.

Such stay may be obtained by filing with the court clerk a written

undertaking and the posting of a supersedeas bond or other security

as provided in this section. In the undertaking the appellant shall

agree to satisfy the judgment, decree or final order, and pay the

costs and interest on appeal, if it is affirmed. The undertaking

and supersedeas bond or security may be given at any time. The stay

is effective when the bond and the sufficiency of the sureties are

approved by the trial court or the security is deposited with the

court clerk. The enforcement of the judgment, decree or order shall

no longer be stayed, and the judgment, decree or order may be

enforced against any surety on the bond or other security:

1. If neither a posttrial motion nor a petition in error is

filed, and the time for appeal has expired;

2. If a posttrial motion is no longer pending, no petition in

error has been filed, and the time for appeal has expired; or

3. If an appeal is no longer pending.

B. The amount of the bond or other security shall be as

follows:

1. When the judgment, decree or final order is for payment of

money:

Oklahoma Statutes - Title 12. Civil Procedure Page 186

a. Subject to the limitations hereinafter provided, the

bond shall be double the amount of the judgment,

decree or final order, unless the bond is executed or

guaranteed by a surety as hereinafter provided. The

bond shall be for the amount of the judgment, decree

or order including costs and interest on appeal where

it is executed or guaranteed by an entity with

suretyship powers as provided by the laws of Oklahoma.

b. Upon a showing by the judgment debtor that the

judgment debtor is likely to suffer substantial

economic harm if required to post bond in the amount

required by this paragraph, the court shall balance

the likely substantial economic harm to the judgment

debtor with the ability of the judgment creditor to

collect the judgment in the event the judgment is

affirmed on appeal and may lower the bond accordingly.

“Substantial economic harm” means insolvency or

creating a significant risk of insolvency. The court

shall not lower a bond as provided in this paragraph

to the extent there is in effect an insurance policy,

or agreement under which a third party is liable to

satisfy part or all of the judgment entered and such

party is required to post all or part of the bond.

c. Subject to the limitations contained in this

paragraph, the bond shall not exceed Twenty-five

Million Dollars ($25,000,000.00).

d. Upon limiting the bond pursuant to subparagraphs b or

c of this paragraph, the court shall enter an order

enjoining a judgment debtor from dissipating or

transferring assets to avoid satisfaction of the

judgment, but the court shall not make any order that

interferes with the judgment debtor’s use of assets in

the normal course of business. If it is proven by a

preponderance of the evidence that the appellant for

whom the bond would be or has been limited pursuant to

subparagraph b or c of this paragraph likely will be

or is intentionally dissipating or diverting assets or

engaging in other conduct outside of the ordinary

course of its business for the purpose of avoiding

payment of the judgment, the court shall enter such

orders as are necessary to prevent such conduct

including, but not limited to, requiring that a bond

be posted equal to the full amount of security

required pursuant to this section, without the

reduction or limitations allowed by subparagraph b or

c of this paragraph.

Oklahoma Statutes - Title 12. Civil Procedure Page 187

e. Instead of filing a supersedeas bond, the appellant

may obtain a stay by depositing cash with the court

clerk in the amount of the judgment or order plus an

amount that the court determines will cover costs and

interest on appeal. The court shall have discretion

to accept United States Treasury notes or general

obligation bonds of the State of Oklahoma in lieu of

cash. If the court accepts such notes or bonds, it

shall make appropriate orders for their safekeeping

and maintenance during the stay;

2. When the judgment, decree or final order directs execution

of a conveyance or other instrument, the amount of the bond shall be

determined by the court. Instead of posting a supersedeas bond or

other security, the appellant may execute the conveyance or other

instrument and deliver it to the clerk of the court for deposit with

a public or private entity for safekeeping, as directed by the court

in writing;

3. When the judgment, decree or final order directs the

delivery of possession of real or personal property, the bond shall

be in an amount, to be determined by the court, that will protect

the interests of the parties. The court may consider the value of

the use of the property, any waste that may be committed on or to

the property during the pendency of the stay, the value of the

property, and all costs. When the judgment, decree or final order

is for the sale of mortgaged premises and the payment of a

deficiency arising from the sale, the bond must also provide for the

payment of the deficiency;

4. When the judgment or final order directs the assignment or

delivery of documents, they may be placed in the custody of the

clerk of the court in which the judgment or order was rendered, for

deposit with a public or private entity for safekeeping during the

pendency of the stay, as directed by the court in writing, or the

bond shall be in such sum as may be prescribed by the court;

5. The bond in any action or litigation brought under any legal

theory involving a nonparticipating manufacturer to the Master

Settlement Agreement dated November 23, 1998, shall be in an amount

not to exceed one hundred percent (100%) of the judgment, exclusive

of interest and costs, ten percent (10%) of the net worth of the

judgment debtor, or Twenty-five Million Dollars ($25,000,000.00),

whichever is less. Provided, however, these bond limitations shall

not apply to judgments in favor of the State of Oklahoma, its

agencies or officers; or

6. In order to protect any monies payable to the Tobacco

Settlement Fund as set forth in Section 50 of Title 62 of the

Oklahoma Statutes, the bond in any action or litigation brought

under any legal theory involving a signatory, successor of a

signatory or an affiliate of a signatory to the Master Settlement

Oklahoma Statutes - Title 12. Civil Procedure Page 188

Agreement dated November 23, 1998, or a signatory, successor of a

signatory or an affiliate of a signatory to the Smokeless Tobacco

Master Settlement Agreement, also dated November 23, 1998, shall be

in an amount not to exceed one hundred percent (100%) of the

judgment, exclusive of interest and costs, ten percent (10%) of the

net worth of the judgment debtor, or Twenty-five Million Dollars

($25,000,000.00), whichever is less. However, if it is proved by a

preponderance of the evidence that the appellant for whom the bond

has been limited pursuant to this paragraph is intentionally

dissipating or diverting assets outside of the ordinary course of

its business for the purpose of avoiding payment of the judgment,

the court shall enter such orders as are necessary to prevent

dissipation or diversion, including, but not limited to, requiring

that a bond be posted equal to the full amount of security required

pursuant to this section. For purposes of this paragraph, “Master

Settlement Agreement” shall have the same meaning as that term is

defined in paragraph 5 of Section 600.22 of Title 37 of the Oklahoma

Statutes, and “Smokeless Tobacco Master Settlement Agreement” means

the settlement agreement and related documents entered into on

November 23, 1998, by this state and leading United States smokeless

tobacco product manufacturers.

C. Subsections A and B of this section shall not apply in

actions involving temporary or permanent injunctions, actions for

divorce, separate maintenance, annulment, paternity, custody,

adoption, or termination of parental rights, or in juvenile matters,

postdecree matrimonial proceedings or habeas corpus proceedings.

The trial or appellate court, in its discretion, may stay the

enforcement of any provision in a judgment, decree or final order in

any of the types of actions or proceedings listed in this subsection

during the pendency of the appeal or while any posttrial motion is

pending upon such terms as to bond or otherwise as it considers

proper for the security of the rights of the parties. If a

temporary or permanent injunction is denied or dissolved, the trial

or appellate court, in its discretion, may restore or grant an

injunction during the pendency of the appeal and while any posttrial

motions are pending upon such terms as to bond or otherwise as it

considers proper for the security of the rights of the parties.

D. In any action not provided for in subsection A, B or C of

this section, the court may stay the enforcement of any judgment,

decree or final order during the pendency of the appeal or while any

posttrial motion is pending upon such terms as to bond or otherwise

as it considers proper for the security of the rights of the

parties.

E. The trial court shall have continuing jurisdiction during

the pendency of any posttrial motion and appeal to modify any order

it has entered regarding security or other conditions in connection

with a stay.

Oklahoma Statutes - Title 12. Civil Procedure Page 189

F. The execution of a supersedeas bond shall not be a condition

for the granting of a stay of judgment, decree or final order of any

judicial tribunal against any county, municipality, or other

political subdivision of the State of Oklahoma.

G. Executors, administrators and guardians who have given bond

in this state, with sureties, according to law, are not required to

provide a supersedeas bond if they are granted a stay of enforcement

of a judgment, decree or final order.

H. After an appeal has been decided, but before the mandate has

issued, a party whose trial court judgment has been affirmed, may

move the appellate court to order judgment on the bond or other

security in the amount of the judgment plus interest, appeals costs

and allowable appeal-related attorney fees. After mandate has

issued, a party who has posted a bond or other security may move for

exoneration of the bond or other security only in the trial court;

and all motions concerning the bond or other security must be

addressed to the trial court.

I. For judgments entered after November 1, 2009, appeal bonds

shall not be required for appeals of punitive damages.
Okla. Stat. tit. 12A, § 12A-2A-305 — OK Code / Title 12A / Section 12A-2A-305
Sale or sublease of goods by lessee
Status: in_force

SALE OR SUBLEASE OF GOODS BY LESSEE

(1) Subject to the provisions of Section 33 of this act, a

buyer or sublessee from the lessee of goods under an existing lease

contract obtains, to the extent of the interest transferred, the

leasehold interest in the goods that the lessee had or had power to

transfer, and except as provided in subsection (2) of this section

and subsection (4) of Section 58 of this act, takes subject to the

existing lease contract. A lessee with a voidable leasehold

interest has power to transfer a good leasehold interest to a good

faith buyer for value or a good faith sublessee for value, but only

to the extent provided for a buyer or sublessee from the lessee of

goods under an existing lease contract. When goods have been

delivered under a transaction of lease the lessee has that power

even though:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 252

(a) the lessor was deceived as to the identity of

the lessee;

(b) the delivery was in exchange for a check which

is later dishonored; or

(c) the delivery was procured through fraud

punishable as larcenous under the criminal law.

(2) A buyer in the ordinary course of business or a sublessee

in the ordinary course of business from a lessee who is a merchant

dealing in goods of that kind to whom the goods were entrusted by

the lessor obtains, to the extent of the interest transferred, all

of the lessor's and lessee's rights to the goods, and takes free of

the existing lease contract.

(3) A buyer or sublessee from the lessee of goods that are

subject to an existing lease contract and are covered by a

certificate of title issued under a statute of this state or of

another jurisdiction takes no greater rights than those provided

both by this section and by the certificate of title statute.
Okla. Stat. tit. 12, § 12-1762 — OK Code / Title 12 / Section 12-1762
Payment of judgment
Status: in_force

If judgment be rendered against either party for the payment of

money, said party shall pay the same immediately or pay the judgment

in accordance with a judgment satisfaction plan arranged by the

court.
Okla. Stat. tit. 12A, § 12A-8-105 — OK Code / Title 12A / Section 12A-8-105
Notice of Adverse Claim
Status: in_force

Notice of Adverse Claim.

(a) A person has notice of an adverse claim if:

(1) the person knows of the adverse claim;

(2) the person is aware of facts sufficient to indicate

that there is a significant probability that the

adverse claim exists and deliberately avoids

information that would establish the existence of the

adverse claim; or

(3) the person has a duty, imposed by statute or

regulation, to investigate whether an adverse claim

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 425

exists, and the investigation so required would

establish the existence of the adverse claim.

(b) Having knowledge that a financial asset or interest therein

is or has been transferred by a representative imposes no duty of

inquiry into the rightfulness of a transaction and is not notice of

an adverse claim. However, a person who knows that a representative

has transferred a financial asset or interest therein in a

transaction that is, or whose proceeds are being used, for the

individual benefit of the representative or otherwise in breach of

duty has notice of an adverse claim.

(c) An act or event that creates a right to immediate

performance of the principal obligation represented by a security

certificate or sets a date on or after which the certificate is to

be presented or surrendered for redemption or exchange does not

itself constitute notice of an adverse claim except in the case of a

transfer more than:

(1) one (1) year after a date set for presentment or

surrender for redemption or exchange; or

(2) six (6) months after a date set for payment of money

against presentation or surrender of the certificate,

if money was available for payment on that date.

(d) A purchaser of a certificated security has notice of an

adverse claim if the security certificate:

(1) whether in bearer or registered form, has been

indorsed "for collection" or "for surrender" or for

some other purpose not involving transfer; or

(2) is in bearer form and has on it an unambiguous

statement that it is the property of a person other

than the transferor, but the mere writing of a name on

the certificate is not such a statement.

(e) Filing of a financing statement under Article 9 of this

code is not notice of an adverse claim to a financial asset.
Okla. Stat. tit. 12, § 12-81 — OK Code / Title 12 / Section 12-81
Payments into court for infant or incompetent person -
Status: in_force

Disposition.

Where any amount of money not exceeding One Thousand Five

Hundred Dollars ($1,500.00) 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.
Okla. Stat. tit. 12A, § 12A-4-502 — OK Code / Title 12A / Section 12A-4-502
Presentment of "On Arrival" Drafts
Status: in_force

PRESENTMENT OF "ON ARRIVAL" DRAFTS

If a draft or the relevant instructions require presentment "on

arrival", "when goods arrive" or the like, the collecting bank need

not present until in its judgment a reasonable time for arrival of

the goods has expired. Refusal to pay or accept because the goods

have not arrived is not dishonor; the bank must notify its

transferor of the refusal but need not present the draft again until

it is instructed to do so or learns of the arrival of the goods.
Okla. Stat. tit. 12, § 12-1277.1 — OK Code / Title 12 / Section 12-1277.1
Renumbered as § 113 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12A, § 12A-1-9-207 — OK Code / Title 12A / Section 12A-1-9-207
Rights and duties of secured party having possession
Status: in_force

or control of collateral.

RIGHTS AND DUTIES OF SECURED PARTY

HAVING POSSESSION OR CONTROL OF COLLATERAL

(a) Except as otherwise provided in subsection (d) of this

section, a secured party shall use reasonable care in the custody

and preservation of collateral in the secured party's possession.

In the case of chattel paper or an instrument, reasonable care

includes taking necessary steps to preserve rights against prior

parties unless otherwise agreed.

(b) Except as otherwise provided in subsection (d) of this

section, if a secured party has possession of collateral:

(1) reasonable expenses, including the cost of insurance and

payment of taxes or other charges, incurred in the custody,

preservation, use, or operation of the collateral are chargeable to

the debtor and are secured by the collateral;

(2) the risk of accidental loss or damage is on the debtor to

the extent of a deficiency in any effective insurance coverage;

(3) the secured party shall keep the collateral identifiable,

but fungible collateral may be commingled; and

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 47

(4) the secured party may use or operate the collateral:

(A) for the purpose of preserving the collateral or its

value;

(B) as permitted by an order of a court having competent

jurisdiction; or

(C) except in the case of consumer goods, in the manner

and to the extent agreed by the debtor.

(c) Except as otherwise provided in subsection (d) of this

section, a secured party having possession of collateral or control

of collateral under Section 7-106, 1-9-104, 1-9-105, 1-9-106, 1-9-

107, or 1-9-107A of this title:

(1) may hold as additional security any proceeds, except money

or funds, received from the collateral;

(2) shall apply money or funds received from the collateral to

reduce the secured obligation, unless remitted to the debtor; and

(3) may create a security interest in the collateral.

(d) If the secured party is a buyer of accounts, chattel paper,

payment intangibles, or promissory notes or a consignor:

(1) subsection (a) of this section does not apply unless the

secured party is entitled under an agreement:

(A) to charge back uncollected collateral; or

(B) otherwise to full or limited recourse against the

debtor or a secondary obligor based on the nonpayment

or other default of an account debtor or other obligor

on the collateral; and

(2) subsections (b) and (c) of this section do not apply.
Okla. Stat. tit. 12, § 12-1275.4 — OK Code / Title 12 / Section 12-1275.4
Renumbered as § 109 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-1657 — OK Code / Title 12 / Section 12-1657
Applicability
Status: in_force

This act shall not be applicable to orders, judgments, or

decrees made by the State Industrial Court, the Corporation

Commission, or any other administrative agency, board or commission

of the State of Oklahoma.
Okla. Stat. tit. 12, § 12-1151 — OK Code / Title 12 / Section 12-1151
Grounds for attachment
Status: in_force

The plaintiff in a civil action for the recovery of money may,

at or after the commencement thereof, have an attachment against the

property of the defendant, and upon the grounds herein stated:

1. When the defendant, or one of several defendants, is a

foreign corporation, or a nonresident of this state, (but no order

of attachment shall be issued on the ground or grounds in this

clause stated for any claim other than a debt or demand arising upon

contract, judgment or decree, unless the cause of action arose

Oklahoma Statutes - Title 12. Civil Procedure Page 230

wholly within the limits of this state, which fact must be

established on the trial):

2. When the defendant, or one of several defendants, has

absconded with intention to defraud his creditors; or,

3. Has left the county of his residence to avoid the service of

summons; or,

4. So conceals himself that a summons cannot be served upon

him; or,

5. Is about to remove his property, or a part thereof, out of

the jurisdiction of the court, with the intent to defraud his

creditors; or,

6. Is about to convert his property, or a part thereof, into

money, for the purpose of placing it beyond the reach of his

creditors; or,

7. Has property or rights in action, which he conceals; or,

8. Has assigned, removed or disposed of, or is about to dispose

of, his property, or a part thereof, with the intent to defraud,

hinder or delay his creditors; or,

9. Fraudulently contracted the debt, or fraudulently incurred

the liability or obligations for which the suit is about to be or

has been brought; or,

10. Where the damages for which the action is brought are for

injuries arising from the commission of some felony or misdemeanor,

or the seduction of any female; or,

11. When the debtor has failed to pay the price or value of any

article or thing delivered, which by contract he was bound to pay

upon delivery.

R.L. 1910, § 4812.
Okla. Stat. tit. 12, § 12-1271 — OK Code / Title 12 / Section 12-1271
Renumbered as § 101 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-1172 — OK Code / Title 12 / Section 12-1172
Commencement of garnishment proceedings - Affidavit
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 240

A. Garnishment proceedings, whether prejudgment or

postjudgment, shall be commenced by the filing of an affidavit, on a

form prescribed by the Oklahoma Bar Association. The Administrative

Office of the Courts shall provide public access to the affidavit by

providing a link to the form on the Oklahoma State Courts Network

(OSCN) website, stating:

1. The name(s) of the plaintiff(s);

2. The name(s) of the defendant(s);

3. In the case of prejudgment garnishments, the amount of the

plaintiff's original claim against the defendant or defendants over

and above all offsets;

4. In the case of postjudgment garnishments, the amount of the

interest-bearing balance;

5. In the case of postjudgment garnishments, the rate and the

date the interest begins to accrue; and

6. That the plaintiff verily believes that some person, naming

him or her, whether within or without the county, is indebted to or

has property in his or her possession or under his or her control

belonging to the defendant, or either or any of the defendants, in

the action or execution and that the indebtedness or property is, to

the best of the knowledge and belief of the person making such

affidavit, not by law exempt from seizure or sale upon execution.

B. The affidavit may be filed by the plaintiff or the

plaintiff's attorney at or before the time of filing of a

garnishment summons.

C. Only one garnishee may be embraced in any affidavit or

garnishment summons.

R.L. 1910, § 4823. Amended by Laws 1923, c. 45, p. 56, § 1; Laws

1965, c. 297, § 2; Laws 1974, c. 71, § 1, emerg. eff. April 15,

1974; Laws 1989, c. 236, § 2, eff. July 1, 1989; Laws 2004, c. 450,

§ 4, eff. Nov. 1, 2004; Laws 2023, c. 184, § 3, eff. Nov. 1, 2023.
Okla. Stat. tit. 12, § 12-3245 — OK Code / Title 12 / Section 12-3245
Application of act
Status: in_force

This act shall apply to any transfer of structured settlement

payment rights under a transfer agreement entered into on or after

the thirtieth day after the date of enactment of this act; provided

that nothing contained herein shall imply that any transfer under a

transfer agreement reached prior to such date is either effective or

ineffective.
Okla. Stat. tit. 12A, § 12A-7-304 — OK Code / Title 12A / Section 12A-7-304
Bills of lading in a set
Status: in_force

Bills of Lading in a Set.

(a) Except as customary in international transportation, a

tangible bill of lading may not be issued in a set of parts. The

issuer is liable for damages caused by violation of this subsection.

(b) If a tangible bill of lading is lawfully issued in a set of

parts, each of which has an identification code and is expressed to

be valid only if the goods have not been delivered against any other

part, the whole of the parts constitutes one bill.

(c) If a tangible negotiable bill of lading is lawfully issued

in a set of parts and different parts are negotiated to different

persons, the title of the holder to which the first due negotiation

is made prevails as to both the document of title and the goods even

if any later holder may have received the goods from the carrier in

good faith and discharged the carrier's obligation by surrendering

its part.

(d) A person that negotiates or transfers a single part of a

tangible bill of lading issued in a set is liable to holders of that

part as if it were the whole set.

(e) The bailee shall deliver in accordance with Part 4 of this

article against the first presented part of a tangible bill of

lading lawfully issued in a set. Delivery in this manner discharges

the bailee's obligation on the whole bill.
Okla. Stat. tit. 12, § 12-729.12 — OK Code / Title 12 / Section 12-729.12
Enforcement of provisional remedies
Status: in_force

A. Computations under this section are for the limited purposes

of the section and do not affect computation of the United States

dollar equivalent of the money of the judgment for the purpose of

payment.

B. For the limited purpose of facilitating the enforcement of

provisional remedies in an action, the value in United States

dollars of assets to be seized or restrained pursuant to a writ of

attachment, garnishment, execution or other legal process, the

amount of United States dollars at issue for assessing costs, or the

amount of United States dollars involved for a surety bond or other

court-required undertaking, must be ascertained as provided in

subsections C and D of this section.

C. A party seeking the process, costs, bond or other

undertaking under subsection B of this section shall compute in

United States dollars the amount of the foreign money claimed from a

bank-offered spot rate prevailing at or near the close of business

on the banking day next preceding the filing of a request or

application for the issuance of process or for the determination of

costs, or an application for a bond or other court-required

undertaking.

D. A party seeking the process, costs, bond or other

undertaking under subsection B of this section shall file with each

request or application an affidavit or certificate executed in good

faith by its counsel or a bank officer, stating the market quotation

used and how it was obtained, and setting forth the calculation.

Affected court officials incur no liability, after a filing of the

Oklahoma Statutes - Title 12. Civil Procedure Page 144

affidavit or certificate, for acting as if the judgment were in the

amount of United States dollars stated in the affidavit or

certificate.
Okla. Stat. tit. 12A, § 12A-3-416 — OK Code / Title 12A / Section 12A-3-416
Transfer Warranties
Status: in_force

TRANSFER WARRANTIES

(a) A person who transfers an instrument for consideration

warrants to the transferee and, if the transfer is by indorsement,

to any subsequent transferee that:

(1) The warrantor is a person entitled to enforce the

instrument;

(2) All signatures on the instrument are authentic and

authorized;

(3) The instrument has not been altered;

(4) The instrument is not subject to a defense or claim in

recoupment of any party which can be asserted against

the warrantor; and

(5) The warrantor has no knowledge of any insolvency

proceeding commenced with respect to the maker or

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 315

acceptor or, in the case of an unaccepted draft, the

drawer.

(b) A person to whom the warranties under subsection (a) of

this section are made and who took the instrument in good faith may

recover from the warrantor as damages for breach of warranty an

amount equal to the loss suffered as a result of the breach, but not

more than the amount of the instrument plus expenses and loss of

interest incurred as a result of the breach.

(c) The warranties stated in subsection (a) of this section

cannot be disclaimed with respect to checks. Unless notice of a

claim for breach of warranty is given to the warrantor within thirty

(30) days after the claimant has reason to know of the breach and

the identity of the warrantor, the liability of the warrantor under

subsection (b) of this section is discharged to the extent of any

loss caused by the delay in giving notice of the claim.

(d) A claim for relief for breach of warranty under this

section accrues when the claimant has reason to know of the breach.
Okla. Stat. tit. 12A, § 12A-3-201 — OK Code / Title 12A / Section 12A-3-201
Negotiation
Status: in_force

NEGOTIATION

(a) "Negotiation" means a transfer of possession, whether

voluntary or involuntary, of an instrument by a person other than

the issuer to a person who thereby becomes its holder.

(b) Except for negotiation by a remitter, if an instrument is

payable to an identified person, negotiation requires transfer of

possession of the instrument and its indorsement by the holder. If

an instrument is payable to bearer, it may be negotiated by transfer

of possession alone.
Okla. Stat. tit. 12A, § 12A-1-9-710 — OK Code / Title 12A / Section 12A-1-9-710
Duties of local-filing offices
Status: in_force

(a) In this section:

(1) “Local-filing office” means a filing office, other than the

statewide filing office in the office of the County Clerk of

Oklahoma County or the statewide filing office in the office of the

Secretary of State, that is designated as the proper place to file a

financing statement under former Article 9 of this title;

(2) (A) “Former-Article 9 records” means:

(i) financing statements and other records that have

been filed in a local-filing office before July

1, 2001, and that are, or upon processing and

indexing will be, reflected in the index

maintained by the local-filing office for filing

for financing statements and other records filed

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 166

in the local-filing office before July 1, 2001,

and

(ii) the index maintained by the local-filing office

as of June 30, 2001, including entries for

filings completed before July 1, 2001, even

though processed on or after that date.

(B) “Former-Article 9 records” do not include records

presented to a local-filing office for filing after

June 30, 2001, whether or not the records relate to

financing statements filed in the local-filing office

before July 1, 2001; and

(3) “Mortgage”, “as-extracted collateral”, “fixture filing”,

“goods” and “fixtures” have the meanings set forth in this article

of this title.

(b) A local-filing office shall not accept for filing a record

presented after June 30, 2001, whether or not the record relates to

a financing statement filed in the local-filing office before July

1, 2001.

(c) Until July 1, 2008, each local-filing office shall maintain

all former-Article 9 records in accordance with former-Article 9. A

former-Article 9 record which is filed before July 1, 2001, but

which is not reflected on the index maintained as of June 30, 2001,

by the local-filing office, shall be processed and indexed and

reflected on the index maintained as of June 30, 2001, as soon as

practicable, but in no event later than July 30, 2001.

(d) Until July 1, 2008, each local-filing office shall respond

to requests for information with respect to former-Article 9 records

relating to a debtor and shall issue certificates in accordance with

former-Article 9. The fees for issuing a certificate or for

furnishing a certified copy of a former-Article 9 record shall be

the uniform fees provided by subsections (c) and (d) of Section 1-9-

525 of this title.

(e) After June 30, 2008, each local-filing office may remove

and destroy all former-Article 9 records pursuant to Section 155.2

of Title 19 of the Oklahoma Statutes.

(f) This section shall not apply, with respect to financing

statements and other records, to a filing office in which mortgages

or records of mortgages on real property are required to be filed or

recorded if:

(1) the collateral is timber to be cut or as-extracted

collateral, or

(2) the record is or relates to a financing statement files as

a fixture filing and the collateral is goods that are or are to

become fixtures.
Okla. Stat. tit. 12, § 12-2102 — OK Code / Title 12 / Section 12-2102
Legislative purpose
Status: in_force

This Code shall be construed to secure fairness in

administration, elimination of unjustifiable expense and delay and

promotion of growth and development of the law of evidence to the

end that the truth may be ascertained and proceedings justly

determined.
Okla. Stat. tit. 12A, § 12A-4A-503 — OK Code / Title 12A / Section 12A-4A-503
Injunction or restraining order with respect to funds
Status: in_force

transfer.

INJUNCTION OR RESTRAINING ORDER WITH RESPECT TO FUNDS TRANSFER

For proper cause and in compliance with applicable law, a court

may restrain (i) a person from issuing a payment order to initiate a

funds transfer, (ii) an originator's bank from executing the payment

order of the originator, or (iii) the beneficiary's bank from

releasing funds to the beneficiary or the beneficiary from

withdrawing the funds. A court may not otherwise restrain a person

from issuing a payment order, paying or receiving payment of a

payment order, or otherwise acting with respect to a funds transfer.
Okla. Stat. tit. 12, § 12-3237 — OK Code / Title 12 / Section 12-3237
Failure to make or cooperate in discovery - Sanctions -
Status: in_force

Exception.

A. MOTION FOR ORDER COMPELLING DISCOVERY. A party, upon

reasonable notice to other parties and all persons affected thereby,

may apply for an order compelling discovery as follows:

Oklahoma Statutes - Title 12. Civil Procedure Page 533

1. APPROPRIATE COURT. An application for an order to a party

may be made to the court in which the action is pending, or, on

matters, relating to a deposition, to the district court in the

county where the deposition is being taken. An application for an

order to a deponent who is not a party shall be made to the district

court in the county where the deposition is being taken or to the

court in which the action is pending.

2. MOTION. If a deponent fails to answer a question propounded

or submitted under Section 3230 or 3231 of this title, or a

corporation or other entity fails to make a designation under

paragraph 6 of subsection C of Section 3230 or subsection A of

Section 3231 of this title, or a party fails to answer an

interrogatory submitted under Section 3233 of this title, or if a

party, in response to a request for inspection and copying submitted

under Section 3234 of this title, fails to produce documents or

respond that the inspection or copying will be permitted as

requested or fails to permit the inspection or copying as requested,

or if a party or witness objects to the inspection or copying of any

materials designated in a subpoena issued pursuant to subsection A

of Section 2004.1 of this title, the discovering party may move for

an order compelling an answer, or a designation, or an order

compelling inspection and copying in accordance with the request or

subpoena. The motion must include a statement that the movant has

in good faith conferred or attempted to confer either in person or

by telephone with the person or party failing to make the discovery

in an effort to secure the information or material without court

action. When taking a deposition on oral examination, the proponent

of the question may complete or adjourn the examination before

applying for an order.

When a claim of privilege or other protection from discovery is

made in response to any request or subpoena for documents, and the

court, in its discretion, determines that a privilege log is

necessary in order to determine the validity of the claim, the court

shall order the party claiming the privilege to prepare and serve a

privilege log upon the terms and conditions deemed appropriate by

the court. The privilege log shall be served upon all other

parties. Unless otherwise ordered by the court, the privilege log

shall include, as to each document for which a claim of privilege or

other protection from discovery has been made, the following:

a. the author or authors,

b. the recipient or recipients,

c. its origination date,

d. its length,

e. the nature of the document or its intended purpose,

and

f. the basis for the objection.

Oklahoma Statutes - Title 12. Civil Procedure Page 534

The court may conduct an in camera review of the documents for which

the privilege or other protection from discovery is claimed. If the

court denies the motion in whole or in part, it may make such

protective order as it would have been empowered to make on a motion

made pursuant to subsection C of Section 3226 of this title.

3. EVASIVE OR INCOMPLETE ANSWER. For purposes of this

subsection, an evasive or incomplete answer is to be treated as a

failure to answer.

4. AWARD OF EXPENSES OF MOTION. If the motion is granted, the

court shall, after opportunity for hearing, require the party or

deponent whose conduct necessitated the motion or the party or

attorney advising such conduct or both of them to pay to the moving

party the reasonable expenses incurred in obtaining the order,

including attorney fees, unless the court finds that the opposition

to the motion was substantially justified or that other

circumstances make an award of expenses unjust.

If the motion is denied, the court shall, after opportunity for

hearing, require the moving party or the attorney advising the

motion or both of them to pay to the party or deponent who opposed

the motion the reasonable expenses incurred in opposing the motion,

including attorney fees, unless the court finds that the making of

the motion was substantially justified or that other circumstances

make an award of expenses unjust.

If the motion is granted in part and denied in part, the court

may apportion the reasonable expenses incurred in relation to the

motion among the parties and persons in a just manner.

B. FAILURE TO COMPLY WITH ORDER.

1. SANCTIONS BY COURT IN COUNTY WHERE DEPOSITION IS TAKEN. If

a deponent fails to be sworn or to answer a question after being

directed to do so by the court in the county in which the deposition

is being taken, the failure may be considered a contempt of that

court.

2. SANCTION BY COURT IN WHICH ACTION IS PENDING. If a party or

an officer, director or managing agent of a party or a person

designated under paragraph 6 of subsection C of Section 3230 or

subsection A of Section 3231 of this title to testify on behalf of a

party fails to obey an order to provide or permit discovery,

including an order made under subsection A of this section or

Section 3235 of this title, or if a party fails to obey an order

entered under subsection F of Section 3226 of this title, the court

in which the action is pending may make such orders in regard to the

failure as are just. Such orders may include the following:

a. an order that the matters regarding which the order

was made or any other designated facts shall be taken

to be established for the purposes of the action in

accordance with the claim of the party obtaining the

order,

Oklahoma Statutes - Title 12. Civil Procedure Page 535

b. an order refusing to allow the disobedient party to

support or oppose designated claims or defenses, or

prohibiting him from introducing designated matters in

evidence,

c. an order striking out pleadings or parts thereof, or

staying further proceedings until the order is obeyed,

or dismissing the action or proceedings or any part

thereof, or rendering a judgment by default against

the disobedient party,

d. in lieu of or in addition to the orders provided for

in subparagraphs a through c of this paragraph, an

order treating as a contempt of court the failure to

obey any orders except an order to submit to a

physical or mental examination,

e. where a party has failed to comply with an order under

subsection A of Section 3235 of this title requiring

him to produce another for examination, such orders as

are listed in subparagraphs a, b and c of this

paragraph, unless the party failing to comply shows

that he is unable to produce such person for

examination,

f. if a person, not a party, fails to obey an order

entered under subsection C of Section 3234 of this

title, the court may treat the failure to obey the

order as contempt of court.

In lieu of or in addition to the orders provided for in this

paragraph, the court shall require the party failing to obey the

order or the attorney advising the party or both to pay the

reasonable expenses, including attorney fees, caused by the failure,

unless the court finds that the failure was substantially justified

or that other circumstances make an award of expenses unjust.

C. EXPENSES ON EXAMINATION OF PROPERTY. The reasonable expense

of making the property available under Section 3234 of this title

shall be paid by the requesting party, and at the time of the taxing

of costs in the case, the court may tax such expenses as costs, or

it may apportion such expenses between the parties, or it may

provide that they are an expense of the requesting party.

D. EXPENSES ON FAILURE TO ADMIT. If a party fails to admit the

genuineness of any document or the truth of any matter as requested

under Section 3236 of this title, and if the party requesting the

admission thereafter proves the genuineness of the document or the

truth of the matter, the party may apply to the court for an order

requiring the other party to pay him or her the reasonable expenses

incurred in making that proof, including reasonable attorney fees.

The court shall make the order unless it finds that:

1. The request was held objectionable pursuant to subsection C

of Section 3236 of this title; or

Oklahoma Statutes - Title 12. Civil Procedure Page 536

2. The admission sought was of no substantial importance; or

3. The party failing to admit had reasonable ground to believe

that he or she might prevail on the matter; or

4. There was other good reason for the failure to admit.

E. FAILURE OF PARTY TO ATTEND AT OWN DEPOSITION OR SERVE ANSWER

TO INTERROGATORIES OR RESPOND TO REQUEST FOR INSPECTION. If a party

or an officer, director or managing agent of a party or a person

designated under paragraph 6 of subsection C of Section 3230 or

subsection A of Section 3231 of this title to testify on behalf of a

party fails:

1. To appear before the officer who is to take the deposition,

after being served with a proper notice; or

2. To serve answers or objections to interrogatories submitted

under Section 3233 of this title, after proper service of the

interrogatories; or

3. To serve a written response to a request for inspection

submitted under Section 3234 of this title, after proper service of

the request,

the court in which the action is pending on motion may make such

orders in regard to the failure as are just, and among others it may

take any action authorized under subparagraphs a, b and c of

paragraph 2 of subsection B of this section. In lieu of or in

addition to any order, the court shall require the party failing to

act or the attorney advising him or her or both to pay the

reasonable expenses, including attorney fees, caused by the failure,

unless the court finds that the failure was substantially justified

or that other circumstances make an award of expenses unjust.

The failure to act as described in this subsection may not be

excused on the ground that the discovery sought is objectionable

unless the party failing to act has applied for a protective order

as provided by subsection C of Section 3226 of this title.

F. FAILURE TO PARTICIPATE IN THE FRAMING OF A DISCOVERY PLAN.

If a party or a party's attorney fails to participate in good faith

in the framing of a discovery plan by agreement as is required by

subsection F of Section 3226 of this title, the court may, after

opportunity for hearing, require such party or his or her attorney

to pay to any other party the reasonable expenses, including

attorney fees, caused by the failure.

G. ELECTRONICALLY STORED INFORMATION. Absent exceptional

circumstances, a court may not impose sanctions on a party for

failure to provide electronically stored information lost as a

result of the routine, good-faith operation of an electronic

information system.
Okla. Stat. tit. 12, § 12-736 — OK Code / Title 12 / Section 12-736
Execution to command levy on personalty before levy on
Status: in_force

realty - Endorsement of amount of debt, damages, and costs on

execution.

The writ of execution against the property of the judgment

debtor, issuing from any court of record in this state, shall

command the officer to whom it is directed, that of the goods and

chattels of the debtor he cause to be made the money specified in

the writ; and for want of goods and chattels, he cause the same to

be made of the lands and tenements of the debtor; and the amount of

the debt, damages and costs, for which the judgment is entered,

shall be endorsed on the execution.

R.L. 1910, § 5154.
Okla. Stat. tit. 12, § 12-655 — OK Code / Title 12 / Section 12-655
Petition for new trial on grounds discovered more than 10
Status: in_force

days after judgment, decree, or appealable order was filed.

Where the grounds for a new trial could not with reasonable

diligence have been discovered before but are discovered more than

ten (10) days after the judgment, decree, or appealable order was

filed, or where the impossibility of preparing a record for an

appeal, without fault of the complaining party, arose more than ten

(10) days after the judgment, decree, or appealable order was filed,

the application may be made by petition filed in the original case,

as in other cases, within thirty (30) days after such discovery or

occurrence; on which a summons shall issue, be returnable and

served, or publication made, as in the beginning of civil actions,

or service may be made on the attorney of record in the original

case. The facts stated in the petition shall be considered as

denied without answer, and the case shall be heard and summarily

decided after the expiration of twenty (20) days from the date of

service and not more than sixty (60) days after service, and the

witnesses shall be examined in open court, or their depositions

taken as in other cases; but no petition shall be filed more than

one (1) year after the filing of the final judgment.

R.L. 1910, § 5037. Amended by Laws 1969, c. 304, § 2, emerg. eff.

April 28, 1969; Laws 1990, c. 251, § 11, eff. Jan. 1, 1991; Laws

1999, c. 293, § 6, eff. Nov. 1, 1999.
Okla. Stat. tit. 12, § 12-1779 — OK Code / Title 12 / Section 12-1779
Setting the trial date — Continuances
Status: in_force

Upon request of any party, the court shall set the case for a

trial date that is within ninety (90) days after the discovery

period ends. The court may continue the case twice, not to exceed a

total of sixty (60) days.
Okla. Stat. tit. 12A, § 12A-15-105 — OK Code / Title 12A / Section 12A-15-105
Use of electronic records and electronic signatures;
Status: in_force

variation by agreement.

USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES; VARIATION

BY AGREEMENT

(a) This act does not require a record or signature to be

created, generated, sent, communicated, received, stored, or

otherwise processed or used by electronic means or in electronic

form.

(b) This act applies only to transactions between parties each

of which has agreed to conduct transactions by electronic means.

Whether the parties agree to conduct a transaction by electronic

means is determined from the context and surrounding circumstances,

including the parties’ conduct.

(c) A party that agrees to conduct a transaction by electronic

means may refuse to conduct other transactions by electronic means.

The right granted by this subsection may not be waived by agreement.

(d) Except as otherwise provided in this act, the effect of any

of its provisions may be varied by agreement. The presence in

certain provisions of this act of the words “unless otherwise

agreed”, or words of similar import, does not imply that the effect

of other provisions may not be varied by agreement.

(e) Whether an electronic record or electronic signature has

legal consequences is determined by this act and other applicable

law.
Okla. Stat. tit. 12, § 12-1860 — OK Code / Title 12 / Section 12-1860
Initiation
Status: in_force

A. A person initiates an arbitration proceeding by giving

notice in a record to all the other parties to the agreement to

arbitrate in the agreed manner between the parties or, in the

absence of agreement, by certified or registered mail, return

receipt requested and obtained, or by service as authorized for the

commencement of a civil action. The notice must describe:

1. The general nature of the controversy; and

2. The remedy and alleged damages sought.

B. Unless a person objects for lack or insufficiency of notice

under subsection C of Section 16 of this act not later than the

Oklahoma Statutes - Title 12. Civil Procedure Page 360

beginning of the arbitration hearing, the person by appearing at the

hearing waives any objection to lack of or insufficiency of notice.
Okla. Stat. tit. 12, § 12-3201 — OK Code / Title 12 / Section 12-3201
Renumbered as § 3224 of this title by Laws 1989, c. 129,
Status: in_force

§ 14, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-3233 — OK Code / Title 12 / Section 12-3233
Interrogatories to parties
Status: in_force

A. AVAILABILITY; PROCEDURES FOR USE. Any party may serve upon

any other party written interrogatories to be answered by the party

served or, if the party served is a public or private corporation or

a partnership or association or governmental agency, by any officer

or agent, who shall furnish such information as is available to that

party.

Each interrogatory shall be answered separately and fully in

writing under oath, unless it is objected to, in which event the

objecting party shall state the reasons for objection and shall

answer to the extent the interrogatory is not objectionable. When

answering each interrogatory, the party shall restate the

interrogatory, then provide the answer. The number of

Oklahoma Statutes - Title 12. Civil Procedure Page 526

interrogatories to a party shall not exceed thirty in number.

Interrogatories inquiring as to the names and locations of

witnesses, or the existence, location and custodian of documents or

physical evidence shall be construed as one interrogatory. All

other interrogatories, including subdivisions of one numbered

interrogatory, shall be construed as separate interrogatories. No

further interrogatories will be served unless authorized by the

court. If counsel for a party believes that more than thirty

interrogatories are necessary, counsel shall consult with opposing

counsel promptly and attempt to reach a written stipulation as to a

reasonable number of additional interrogatories. Counsel are

expected to comply with this requirement in good faith. In the

event a written stipulation cannot be agreed upon, the party seeking

to submit such additional interrogatories shall file a motion with

the court (1) showing that counsel have conferred in good faith but

sincere attempts to resolve the issue have been unavailing, (2)

showing reasons establishing good cause for their use, and (3)

setting forth the proposed additional interrogatories. The answers

are to be signed by the person making them, and the objections

signed by the attorney making them. Interrogatories may, without

leave of court, be served upon any party after the filing of a

petition. The party upon whom the interrogatories have been served

shall serve a copy of the answers, and objections if any, within

thirty (30) days after the service of the interrogatories. The 30-

day response period shall not commence until an answer to the

petition is filed. However, upon leave of court or otherwise agreed

to in writing by the parties subject to Section 3229 of this title,

answers to interrogatories may be required prior to the filing of an

answer to the petition. All grounds for an objection to an

interrogatory shall be stated with specificity. Any ground not

stated in a timely objection is waived unless the party's failure to

object is excused by the court for good cause shown. The party

submitting the interrogatories may move for an order under

subsection A of Section 3237 of this title with respect to any

objection to or other failure to answer an interrogatory.

B. SCOPE; USE AT TRIAL. Interrogatories may relate to any

matters which can be inquired into under subsection B of Section

3226 of this title, and the answers may be used to the extent

permitted by the Oklahoma Evidence Code as set forth in Sections

2101 et seq. of this title.

An interrogatory otherwise proper is not necessarily

objectionable because an answer to the interrogatory involves an

opinion or contention that relates to fact or the application of law

to fact. The court may order that such an interrogatory need not be

answered until after designated discovery has been completed or

until a pretrial conference or other later time.

Oklahoma Statutes - Title 12. Civil Procedure Page 527

C. OPTION TO PRODUCE BUSINESS RECORDS. Where the answer to an

interrogatory may be derived or ascertained from the business

records, including electronically stored information, of the party

upon whom the interrogatory has been served or from an examination,

audit or inspection of such business records, including a

compilation, abstract or summary thereof, and the burden of deriving

or ascertaining the answer is substantially the same for the party

serving the interrogatory as for the party served, it is a

sufficient answer to such interrogatory to specify the records from

which the answer may be derived or ascertained and to afford to the

party serving the interrogatory reasonable opportunity to examine,

audit or inspect such records and to make copies, compilations,

abstracts or summaries thereof. A specification shall be in

sufficient detail to permit the party submitting the interrogatory

to locate and to identify, as readily as can the party served, the

records from which the answer may be ascertained.
Okla. Stat. tit. 12A, § 12A-8-603 — OK Code / Title 12A / Section 12A-8-603
Savings clause
Status: in_force

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 456

A. This act does not affect an action or proceeding commenced

before this act takes effect.

B. If a security interest in a security is perfected before

this act takes effect, and the action by which the security interest

was perfected would suffice to perfect a security interest under

this act, no further action is required to continue perfection. If

a security interest in a security is perfected before this act takes

effect but the action by which the security interest was perfected

would not suffice to perfect a security interest under this act, the

security interest remains perfected for a period of four months

after the effective date and continues perfected thereafter if

appropriate action to perfect under this act is taken within that

period. If a security interest is perfected before this act takes

effect and the security interest can be perfected by filing under

this act, a financing statement signed by the secured party instead

of the debtor may be filed within that period to continue perfection

or thereafter to perfect.
Okla. Stat. tit. 12, § 12-975 — OK Code / Title 12 / Section 12-975
Judgment on appeal - Mandate to issue to lower court
Status: in_force

When a judgment or final order shall be reversed on appeal,

either in whole or in part, the court reversing the same shall

proceed to render such judgment as the court below should have

rendered, or remand the cause to the court below for such judgment.

The court reversing such judgment or final order shall not issue

execution in causes that are removed before them on error, on which

they pronounce judgment as aforesaid, but shall send a special

mandate to the court below as the case may require, to award

execution thereupon; and such court, to which such special mandate

is sent, shall proceed in such cases in the same manner as if such

judgment or final order had been rendered therein. In cases decided

by the Supreme Court, when the facts are agreed to by the parties or

found by the court below, or a referee, and when it does not appear,

by exception or otherwise, that such findings are against the weight

of the evidence in the case, the Supreme Court shall send a mandate

to the court below directing it to render such judgment in the

premises as it should have rendered on the facts agreed to or found

in the case.

R.L. 1910, § 5258.
Okla. Stat. tit. 12, § 12-1573 — OK Code / Title 12 / Section 12-1573
Undertaking in replevin
Status: in_force

The order shall not be issued until there has been executed by

one or more sufficient sureties of the plaintiff, to be approved by

the clerk, an undertaking in not less than double the value of the

property as stated in the petition to the effect that the plaintiff

shall duly prosecute the action, and pay all costs and damages which

may be awarded against him, including attorney's fees and, if the

Oklahoma Statutes - Title 12. Civil Procedure Page 316

property be delivered to him, that he will return the same to the

defendant if a return be adjudged; provided, that where the State of

Oklahoma is party plaintiff, an undertaking in replevin shall not be

required of the plaintiff, but a writ shall issue upon petition duly

filed as provided by law. The undertaking shall be filed with the

clerk of the court.

R.L. 1910, § 4800. Amended by Laws 1923, c. 75, p. 141, § 1; Laws

1976, c. 71, § 2, emerg. eff. April 26, 1976; Laws 1977, c. 96, § 1,

emerg. eff. May 30, 1977.
Okla. Stat. tit. 12, § 12-3313 — OK Code / Title 12 / Section 12-3313
Standards of professional responsibility and mandatory
Status: in_force

reporting not affected.

STANDARDS OF PROFESSIONAL RESPONSIBILITY AND MANDATORY REPORTING

NOT AFFECTED.

This act does not affect:

1. The professional responsibility obligations and standards

applicable to a lawyer or other licensed professional; or

2. The obligation of a person to report abuse or neglect,

abandonment, or exploitation of a child or adult under the law of

this state.
Okla. Stat. tit. 12, § 12-1600.27 — OK Code / Title 12 / Section 12-1600.27
Renumbered as § 331 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12, § 12-3253 — OK Code / Title 12 / Section 12-3253
Service of subpoena
Status: in_force

A subpoena issued by a clerk of court under Section 3 of this

act must be served in compliance with subsection B of Section 2004.1

of Title 12 of the Oklahoma Statutes.
Okla. Stat. tit. 12, § 12-1281 — OK Code / Title 12 / Section 12-1281
Renumbered as § 124 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-1832 — OK Code / Title 12 / Section 12-1832
Mediation as an alternative dispute resolution process or
Status: in_force

on an ad hoc basis.

Any county, municipality, accredited law school, school

district, board, commission, department, or agency of this state or

its political subdivisions is hereby authorized to establish

programs for the purpose of providing mediation as an alternative

dispute resolution process or for referring disputes to mediation on

an ad hoc basis. For the purposes of the Choice in Mediation Act,

“mediation” means a process in which an impartial person, the

mediator, facilitates communication between disputing parties to

promote settlement of disputes, whether before or in the process of

litigation or administrative proceedings.
Okla. Stat. tit. 12, § 12-1155 — OK Code / Title 12 / Section 12-1155
Orders to several counties
Status: in_force

Orders of attachment may be issued to the sheriffs of different

counties, and several of them may, at the option of the plaintiff,

be issued at the same time, or in succession; but only such as have

been executed shall be taxed in the costs, unless otherwise directed

by the court.

R.L. 1910, § 4816.
Okla. Stat. tit. 12, § 12-1381 — OK Code / Title 12 / Section 12-1381
Injunction defined
Status: in_force

The injunction provided by this code is a command to refrain

from a particular act. It may be the final judgment in an action,

or may be allowed as a provisional remedy, and, when so allowed, it

shall be by order. The writ of injunction is abolished.

R.L. 1910, § 4866.

Oklahoma Statutes - Title 12. Civil Procedure Page 276
Okla. Stat. tit. 12A, § 12A-1-9-330 — OK Code / Title 12A / Section 12A-1-9-330
Priority of purchaser of chattel paper or instrument
Status: in_force

PRIORITY OF PURCHASER OF CHATTEL PAPER OR INSTRUMENT

(a) A purchaser of chattel paper has priority over a security

interest in the chattel paper which is claimed merely as proceeds of

inventory subject to a security interest if:

(1) in good faith and in the ordinary course of the purchaser's

business, the purchaser gives new value, takes possession of each

authoritative tangible copy of the record evidencing the chattel

paper, and obtains control under Section 1-9-105 of this title of

each authoritative electronic copy of the record evidencing the

chattel paper; and

(2) the authoritative copies of the record evidencing the

chattel paper do not indicate that the chattel paper has been

assigned to an identified assignee other than the purchaser.

(b) A purchaser of chattel paper has priority over a security

interest in the chattel paper which is claimed other than merely as

proceeds of inventory subject to a security interest if the

purchaser gives new value, takes possession of each authoritative

tangible copy of the record evidencing the chattel paper, and

obtains control under Section 1-9-105 of this title of each

authoritative electronic copy of the record evidencing the chattel

paper in good faith, in the ordinary course of the purchaser's

business, and without knowledge that the purchase violates the

rights of the secured party.

(c) Except as otherwise provided in Section 1-9-327 of this

title, a purchaser having priority in chattel paper under subsection

(a) or (b) of this section also has priority in proceeds of the

chattel paper to the extent that:

(1) Section 1-9-322 of this title provides for priority in the

proceeds; or

(2) the proceeds consist of the specific goods covered by the

chattel paper or cash proceeds of the specific goods, even if the

purchaser's security interest in the proceeds is unperfected.

(d) Except as otherwise provided in subsection (a) of Section

1-9-331 of this title, a purchaser of an instrument has priority

over a security interest in the instrument perfected by a method

other than possession if the purchaser gives value and takes

possession of the instrument in good faith and without knowledge

that the purchase violates the rights of the secured party.

(e) For purposes of subsections (a) and (b) of this section,

the holder of a purchase-money security interest in inventory gives

new value for chattel paper constituting proceeds of the inventory.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 90

(f) For purposes of subsections (b) and (d) of this section, if

the authoritative copies of the record evidencing chattel paper or

an instrument indicate that the chattel paper or instrument has been

assigned to an identified secured party other than the purchaser, a

purchaser of the chattel paper or instrument has knowledge that the

purchase violates the rights of the secured party.
Okla. Stat. tit. 12A, § 12A-1-9-628 — OK Code / Title 12A / Section 12A-1-9-628
Nonliability and limitation on liability of secured
Status: in_force

party; liability of secondary obligor.

NONLIABILITY AND LIMITATION ON LIABILITY

OF SECURED PARTY; LIABILITY OF SECONDARY OBLIGOR

(a) Subject to subsection (f) of this section, unless a secured

party knows that a person is a debtor or obligor, knows the identity

of the person, and knows how to communicate with the person:

(1) the secured party is not liable to the person, or to a

secured party or lienholder that has filed a financing statement

against the person, for failure to comply with this article; and

(2) the secured party's failure to comply with this article

does not affect the liability of the person for a deficiency.

(b) Subject to subsection (f) of this section, a secured party

is not liable because of its status as secured party:

(1) to a person that is a debtor or obligor, unless the secured

party knows:

(A) that the person is a debtor or obligor;

(B) the identity of the person; and

(C) how to communicate with the person; or

(2) to a secured party or lienholder that has filed a financing

statement against a person, unless the secured party knows:

(A) that the person is a debtor; and

(B) the identity of the person.

(c) A secured party is not liable to any person, and a person's

liability for a deficiency is not affected, because of any act or

omission arising out of the secured party's reasonable belief that a

transaction is not a consumer-goods transaction or a consumer

transaction or that goods are not consumer goods, if the secured

party's belief is based on its reasonable reliance on:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 160

(1) a debtor's representation concerning the purpose for which

collateral was to be used, acquired, or held; or

(2) an obligor's representation concerning the purpose for

which a secured obligation was incurred.

(d) A secured party is not liable to any person under paragraph

(2) of subsection (c) of Section 1-9-625 of this title for its

failure to comply with Section 1-9-616 of this title.

(e) A secured party is not liable under paragraph (2) of

subsection (c) of Section 1-9-625 of this title more than once with

respect to any one secured obligation.

(f) Subsections (a) and (b) of this section do not apply to

limit the liability of a secured party to a person if, at the time

the secured party obtains control of collateral that is a

controllable account, controllable electronic record, or

controllable payment intangible or at the time the security interest

attaches to the collateral, whichever is later:

(1) the person is a debtor or obligor; and

(2) the secured party knows that the information in

subparagraph (A), (B), or (C) of paragraph (1) of subsection (b) of

this section relating to the person is not provided by the

collateral, a record attached to or logically associated with the

collateral, or the system in which the collateral is recorded.
Okla. Stat. tit. 12A, § 12A-7-102 — OK Code / Title 12A / Section 12A-7-102
Definitions and index of definitions
Status: in_force

Definitions and Index of Definitions.

(a) In this article, unless the context otherwise requires:

(1) "Bailee" means a person that by a warehouse receipt, bill

of lading or other document of title acknowledges possession of

goods and contracts to deliver them.

(2) "Carrier" means a person that issues a bill of lading.

(3) "Consignee" means a person named in a bill of lading to

which or to whose order the bill promises delivery.

(4) "Consignor" means the person named in a bill of lading as

the person from whom the goods have been received for shipment.

(5) "Delivery order" means a record that contains an order to

deliver goods directed to a warehouse, carrier, or other person that

in the ordinary course of business issues warehouse receipts or

bills of lading.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 396

(6) "Good faith" means honesty in fact and the observance of

reasonable commercial standards of fair dealing.

(7) "Goods" means all things that are treated as movable for

the purposes of a contract of storage or transportation.

(8) "Issuer" means a bailee that issues a document of title or,

in the case of an unaccepted delivery order, the person that orders

the possessor of goods to deliver. The term includes a person for

which an agent or employee purports to act in issuing a document if

the agent or employee has real or apparent authority to issue

documents, even if the issuer did not receive any goods, the goods

were misdescribed, or in any other respect the agent or employee

violated the issuer's instructions.

(9) "Person entitled under the document" means the holder, in

the case of a negotiable document of title, or the person to which

delivery of the goods is to be made by the terms of, or pursuant to

instructions in a record under, a nonnegotiable document of title.

(10) "Shipper" means a person that enters into a contract of

transportation with a carrier.

(11) "Warehouse" means a person engaged in the business of

storing goods for hire.

(b) Definitions in other articles applying to this article and

the sections in which they appear are:

(1) "Contract for sale", Section 2-106.

(2) "Lessee in the ordinary course of business", Section 2A-

103.

(3) "Receipt" of goods, Section 2-103.

(c) In addition Article 1 contains general definitions and

principles of construction and interpretation applicable throughout

this article.
Okla. Stat. tit. 12A, § 12A-1-9-617 — OK Code / Title 12A / Section 12A-1-9-617
Rights of transferee of collateral
Status: in_force

RIGHTS OF TRANSFEREE OF COLLATERAL

(a) A secured party’s disposition of collateral after default:

(1) transfers to a transferee for value all of the debtor’s

rights in the collateral;

(2) discharges the security interest under which the

disposition is made; and

(3) discharges any subordinate security interest or other

subordinate lien.

(b) A transferee that acts in good faith takes free of the

rights and interests described in subsection (a) of this section,

even if the secured party fails to comply with this article or the

requirements of any judicial proceeding.

(c) If a transferee does not take free of the rights and

interests described in subsection (a) of this section, the

transferee takes the collateral subject to:

(1) the debtor’s rights in the collateral;

(2) the security interest or agricultural lien under which the

disposition is made; and

(3) any other security interest or other lien.
Okla. Stat. tit. 12, § 12-1344 — OK Code / Title 12 / Section 12-1344
Writ may issue to admit to bail
Status: in_force

The writ may be had for the purpose of letting a prisoner to

bail in civil and criminal actions.

R.L. 1910, § 4895.
Okla. Stat. tit. 12A, § 12A-8-210 — OK Code / Title 12A / Section 12A-8-210
Overissue
Status: in_force

Overissue.

(a) In this section, "overissue" means the issue of securities

in excess of the amount the issuer has corporate power to issue, but

an overissue does not occur if appropriate action has cured the

overissue.

(b) Except as otherwise provided in subsections (c) and (d) of

this section, the provisions of this article which validate a

security or compel its issue or reissue do not apply to the extent

that validation, issue, or reissue would result in overissue.

(c) If an identical security not constituting an overissue is

reasonably available for purchase, a person entitled to issue or

validation may compel the issuer to purchase the security and

deliver it if certificated or register its transfer if

uncertificated, against surrender of any security certificate the

person holds.

(d) If a security is not reasonably available for purchase, a

person entitled to issue or validation may recover from the issuer

the price the person or the last purchaser for value paid for it

with interest from the date of the person's demand.
Okla. Stat. tit. 12, § 12-556 — OK Code / Title 12 / Section 12-556
Trial of issues
Status: in_force

Issues of law must be tried by the court, unless referred.

Issues of fact arising in actions for the recovery of money, or of

Oklahoma Statutes - Title 12. Civil Procedure Page 92

specific real or personal property, shall be tried by a jury, unless

a jury trial is waived, or a reference be ordered, as hereinafter

provided.

R.L. 1910, § 4993.
Okla. Stat. tit. 12, § 12-1782 — OK Code / Title 12 / Section 12-1782
Challenging admissibility of expert testimony
Status: in_force

Unless requested by the party sponsoring the expert, a party may

only challenge the admissibility of expert testimony as an objection

to summary judgment evidence during a pretrial conference or during

the trial on the merits. The requirements of this section shall not

apply to a motion to strike for late designation.
Okla. Stat. tit. 12, § 12-3004 — OK Code / Title 12 / Section 12-3004
Admissibility of other evidence of contents
Status: in_force

The original is not required, and a duplicate or other evidence

of the contents of a record is admissible if:

1. All originals are lost or have been destroyed unless the

proponent lost or destroyed them in bad faith;

2. No original can be obtained by any available judicial

process or procedure;

3. At a time when an original was under the control of the

party against whom offered, the party was put on notice, by the

pleadings or otherwise, that the contents would be a subject of

proof at the hearings and the party does not produce the original at

the hearing; or

4. The record is not closely related to a controlling issue.

Oklahoma Statutes - Title 12. Civil Procedure Page 492
Okla. Stat. tit. 12, § 12-1447.5 — OK Code / Title 12 / Section 12-1447.5
Broadcast of truth statement following broadcast of
Status: in_force

untrue statement.

If any broadcasting station, at any time, broadcasts, publishes,

or circulates any false statement, allegation or rumor pertaining or

relating to any individual or association of individuals, or to any

trade, labor business, social, economic or religious organization or

Oklahoma Statutes - Title 12. Civil Procedure Page 291

to any firm, corporation or business or to any public official or

candidate for a public office, the said broadcasting station upon

demand of any person or persons affected or their representatives,

shall broadcast, without charge, any statement setting forth in

proper language the truth pertaining to such statement, allegation,

or rumor, which said person or persons or their representatives

shall offer to said broadcasting station for broadcast. Provided,

that the truth statement shall be broadcast as many times as the

untrue statement was broadcast. Provided further, that the truth

statement shall be broadcast at a like or comparable time in the

daily routine as was the untrue statement.
Okla. Stat. tit. 12A, § 12A-4A-101 — OK Code / Title 12A / Section 12A-4A-101
Short title
Status: in_force

SHORT TITLE

This Article, Sections 1 through 38 of this act, shall be known

and may be cited as the Uniform Commercial Code - Funds Transfers.
Okla. Stat. tit. 12, § 12-3244 — OK Code / Title 12 / Section 12-3244
Waiver of provisions – Disputes - Life-contingent
Status: in_force

payments - Liability.

A. The provisions of the Structured Settlement Protection Act

of 2001 may not be waived by any payee.

B. Any transfer agreement entered into on or after the

effective date of this act by a payee who resides in this state

shall provide that disputes under such transfer agreement, including

any claim that the payee has breached the agreement, shall be

determined in and under the laws of this state. No such transfer

agreement shall authorize the transferee or any other party to

confess judgment or consent to entry of judgment against the payee.

C. No transfer of structured settlement payment rights shall

extend to any payments that are life-contingent unless, prior to the

date on which the payee signs the transfer agreement, the transferee

has established and has agreed to maintain procedures reasonably

satisfactory to the annuity issuer and the structured settlement

obligor for

Oklahoma Statutes - Title 12. Civil Procedure Page 542

1. Periodically confirming the payee’s survival; and

2. Giving the annuity issuer and the structured settlement

obligor prompt written notice in the event of the payee’s death.

D. No payee who proposes to make a transfer of structured

settlement payment rights shall incur any penalty, forfeit any

application fee or other payment, or otherwise incur any liability

to the proposed transferee or any assignee based on any failure of

such transfer to satisfy the conditions of this act.

E. Nothing contained in this act shall be construed to

authorize any transfer of structured settlement payment rights in

contravention of any law or to imply that any transfer under a

transfer agreement entered into prior to the effective date of this

act is valid or invalid.

F. Compliance with the requirements set forth in Section 3 of

this act and fulfillment of the conditions set forth in Section 4 of

this act shall be solely the responsibility of the transferee in any

transfer of structured settlement payment rights, and neither the

structured settlement obligor nor the annuity issuer shall bear any

responsibility for, or any liability arising from, noncompliance

with such requirements or failure to fulfill such conditions.
Okla. Stat. tit. 12A, § 12A-2-501 — OK Code / Title 12A / Section 12A-2-501
Insurable Interest in Goods; Manner of Identification
Status: in_force

of Goods.

(1) The buyer obtains a special property and an insurable

interest in goods by identification of existing goods as goods to

which the contract refers even though the goods so identified are

nonconforming and he has an option to return or reject them. Such

identification can be made at any time and in any manner explicitly

agreed to by the parties. In the absence of explicit agreement

identification occurs

(a) when the contract is made if it is for the sale of

goods already existing and identified;

(b) if the contract is for the sale of future goods other

than those described in paragraph (c), when goods are shipped,

marked or otherwise designated by the seller as goods to which the

contract refers;

(c) when the crops are planted or otherwise become growing

crops or the young are conceived if the contract is for the sale of

unborn young to be born within twelve (12) months after contracting

or for the Sale of crops to be harvested within twelve (12) months

or the next normal harvest season after contracting whichever is

longer.

(2) The seller retains an insurable interest in goods so long

as title to or any security interest in the goods remains in him and

where the identification is by the seller alone he may until default

or insolvency or notification to the buyer that the identification

is final substitute other goods for those identified.

(3) Nothing in this section impairs any insurable interest

recognized under any other statute or rule of law.
Okla. Stat. tit. 12A, § 12A-2A-203 — OK Code / Title 12A / Section 12A-2A-203
Seals inoperative
Status: in_force

SEALS INOPERATIVE

The affixing of a seal to a record evidencing a lease contract

or an offer to enter into a lease contract does not render the

record a sealed instrument and the law with respect to sealed

instruments does not apply to the lease contract or offer.
Okla. Stat. tit. 12, § 12-2009 — OK Code / Title 12 / Section 12-2009
Pleading special matters
Status: in_force

PLEADING SPECIAL MATTERS

A. CAPACITY. It is not necessary to aver the capacity of a

party to sue or be sued or the authority of a party to sue or be

sued in a representative capacity or the legal existence of an

organized association of persons that is made a party. When a party

desires to raise an issue as to the legal existence of any party or

the capacity of any party to sue or be sued or the authority of a

party to sue or be sued in a representative capacity, he shall do so

by negative averment, which shall include such supporting

particulars as are peculiarly within the pleader's knowledge, and he

shall have the burden of proof on that issue.

B. FRAUD, MISTAKE, CONDITION OF THE MIND. In all averments of

fraud or mistake, the circumstances constituting fraud or mistake

shall be stated with particularity. Malice, intent, knowledge, and

other condition of mind of a person may be averred generally.

C. CONDITIONS PRECEDENT. In pleading the performance or

occurrence of conditions precedent, it is sufficient to aver

generally that all conditions precedent have been performed or have

occurred. A denial of performance or occurrence shall be made

specifically and with particularity.

D. OFFICIAL DOCUMENT OR ACT. In pleading an official document

or official act it is sufficient to aver that the document was

issued or the act done in compliance with law.

E. JUDGMENT. In pleading a judgment or decision of a domestic

or foreign court, judicial or quasi-judicial tribunal, or of a board

Oklahoma Statutes - Title 12. Civil Procedure Page 403

or officer, it is sufficient to aver the judgment or decision

without setting forth matter showing jurisdiction to render it.

F. TIME AND PLACE. For the purpose of testing the sufficiency

of a pleading, averments of time and place are material and shall be

considered like all other averments of material matter.

G. SPECIAL DAMAGE. When items of special damage are claimed,

their nature shall be specifically stated. In actions where

exemplary or punitive damages are sought, the petition shall not

state a dollar amount for damages sought to be recovered but shall

state whether the amount of damages sought to be recovered is in

excess of or not in excess of the amount required for diversity

jurisdiction pursuant to Section 1332 of Title 28 of the United

States Code.

H. MOTION TO CLARIFY DAMAGES. If the amount of damages sought

to be recovered by the plaintiff is less than the amount required

for diversity jurisdiction pursuant to Section 1332 of Title 28 of

the United States Code, the defendant may file, for purposes of

establishing diversity jurisdiction only, a Motion to Clarify

Damages prior to the pretrial order to require the plaintiff to show

by a preponderance of the evidence that the amount of damages, if

awarded, will not exceed the amount required for diversity. If the

court finds that any damages awarded are more likely than not to

exceed the amount of damages required for diversity jurisdiction,

the plaintiff shall amend his or her pleadings in conformance with

paragraph 2 of subsection A of Section 2008 of this title.
Okla. Stat. tit. 12, § 12-1824 — OK Code / Title 12 / Section 12-1824
Provisions applying to court-ordered mediation
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 350

The following provisions shall apply to any mediation ordered by

a court pursuant to Section 3 of this act:

1. Mediation shall be a process in which an impartial person,

the mediator, facilitates communication between disputing parties to

promote understanding, reconciliation, and settlement. Participants

shall include the mediator, the parties, interested non-parties or

their representatives, and all others present. The mediator may

meet with participants together or individually;

2. The mediator shall be an advocate for settlement and use the

mediation process to help the parties fully explore any potential

areas of agreement. The mediator shall not serve as a judge and

shall not have authority to render any decisions on any disputed

issues or to force a settlement between the parties;

3. The parties shall be responsible for negotiating any

resolution to a dispute. Parties shall participate in mediation in

good faith, and put forth their best efforts with the intention to

settle all issues if possible. If the parties are unable to settle

all issues, they shall attempt to settle as many issues as possible;

4. No person with any financial or personal interest in the

result of mediation may serve as a mediator. Prior to agreeing to

mediate a dispute, the mediator shall disclose any circumstances

likely to create a presumption of bias or prevent a prompt meeting

with the parties;

5. Mediation sessions shall be private. Persons other than the

parties and interested non-parties and their representatives may

attend only with the consent of the parties, interested non-parties,

and the mediator;

6. Any communication relating to the subject matter of the

dispute made during the mediation process by a participant or any

other person present at the mediation shall be a confidential

communication. No admission, representation, statement, or other

confidential communication made in setting up or in conducting the

mediation shall be admissible as evidence or subject to discovery,

except that, no fact independently discoverable shall be

nondiscoverable solely by virtue of having been disclosed in such

confidential communication. There shall be no stenographic or

electronic record, including audio or video, of the mediation

process unless it is agreed upon by the parties, interested non-

parties, and the mediator, and it is not otherwise prohibited by

law. No participant in the mediation proceeding, including the

mediator, shall be subpoenaed or otherwise compelled to disclose any

matter disclosed in the process of setting up or conducting the

mediation proceeding; and

7. No subpoena, summons, complaint, petition, citation, or

other process of any kind may be served upon any person who is at or

near the site of any mediation session and is there because of the

mediation.

Oklahoma Statutes - Title 12. Civil Procedure Page 351
Okla. Stat. tit. 12, § 12-1600.1 — OK Code / Title 12 / Section 12-1600.1
Renumbered as § 301 of Title 43 by Laws 1990, c. 188, §
Status: in_force

3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12, § 12-637 — OK Code / Title 12 / Section 12-637
Exceptions may be withdrawn
Status: in_force

Exceptions taken to the decision of any court of record may, by

leave of such court, be withdrawn from the files by the party taking

the same, at any time before the proceedings in error are commenced.

R.L. 1910, § 5032.
Okla. Stat. tit. 12A, § 12A-4A-106 — OK Code / Title 12A / Section 12A-4A-106
Time payment order is received
Status: in_force

TIME PAYMENT ORDER IS RECEIVED

(a) The time of receipt of a payment order or communication

canceling or amending a payment order is determined by the rules

applicable to receipt of a notice stated in Section 1-202 of this

title. A receiving bank may fix a cut-off time or times on a funds-

transfer business day for the receipt and processing of payment

orders and communications canceling or amending payment orders.

Different cut-off times may apply to payment orders, cancellations,

or amendments, or to different categories of payment orders,

cancellations, or amendments. A cut-off time may apply to senders

generally or different cut-off times may apply to different senders

or categories of payment orders. If a payment order or

communication canceling or amending a payment order is received

after the close of a funds-transfer business day or after the

appropriate cut-off time on a funds-transfer business day, the

receiving bank may treat the payment order or communication as

received at the opening of the next funds-transfer business day.

(b) If this Article refers to an execution date or payment date

or states a day on which a receiving bank is required to take

action, and the date or day does not fall on a funds-transfer

business day, the next day that is a funds-transfer business day is

treated as the date or day stated, unless the contrary is stated in

this Article.
Okla. Stat. tit. 12, § 12-688 — OK Code / Title 12 / Section 12-688
Taking account or proof or assessment of damages on
Status: in_force

default or decision of issue of law.

If the taking of an account, or the proof of a fact, or the

assessment of damages, be necessary to enable the court to pronounce

judgment upon a failure to answer, or after a decision of an issue

of law the court may, with the assent of the party not in default,

take the account, hear the proof, or assess the damages; or may,

with the like assent, refer the same to a referee or master

commissioner, or may direct the same to be ascertained or assessed

by a jury. If a jury be ordered, it shall be on or after the day on

which the action is set for trial.

R.L. 1910, § 5130.
Okla. Stat. tit. 12A, § 12A-3-501 — OK Code / Title 12A / Section 12A-3-501
Presentment
Status: in_force

PRESENTMENT

(a) "Presentment" means a demand made by or on behalf of a

person entitled to enforce an instrument (i) to pay the instrument

made to the drawee or a party obliged to pay the instrument or, in

the case of a note or accepted draft payable at a bank, to the bank,

or (ii) to accept a draft made to the drawee.

(b) The following rules are subject to Article 4 of this title,

agreement of the parties, and clearing-house rules and the like:

(1) Presentment may be made at the place of payment of the

instrument and must be made at the place of payment if

the instrument is payable at a bank in the United

States; may be made by any commercially reasonable

means, including an oral, written, or electronic

communication; is effective when the demand for

payment or acceptance is received by the person to

whom presentment is made; and is effective if made to

any one of two or more makers, acceptors, drawees, or

other payors;

(2) Upon demand of the person to whom presentment is made,

the person making presentment must (i) exhibit the

instrument, (ii) give reasonable identification and,

if presentment is made on behalf of another person,

reasonable evidence of authority to do so, and (iii)

sign a receipt on the instrument for any payment made

or surrender the instrument if full payment is made;

(3) Without dishonoring the instrument, the party to whom

presentment is made may (i) return the instrument for

lack of a necessary indorsement, or (ii) refuse

payment or acceptance for failure of the presentment

to comply with the terms of the instrument, an

agreement of the parties, or other applicable law or

rule; and

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 320

(4) The party to whom presentment is made may treat

presentment as occurring on the next business day

after the day of presentment if the party to whom

presentment is made has established a cutoff hour not

earlier than 2 o'clock p.m. for the receipt and

processing of instruments presented for payment or

acceptance and presentment is made after the cutoff

hour.
Okla. Stat. tit. 12, § 12-801 — OK Code / Title 12 / Section 12-801
Reappraisal where realty twice advertised for sale
Status: in_force

In all cases where real estate has been or may hereafter be

taken on execution and appraised and twice advertised and offered

for sale, and shall remain unsold for the want of bidders it shall

be the duty of the court from which such execution issued, on motion

of the plaintiff, to set aside such appraisement and order a new one

to be made, or to set aside such levy and appraisement and award a

new execution to issue, as the case may require.
Okla. Stat. tit. 12A, § 12A-1-104 — OK Code / Title 12A / Section 12A-1-104
Construction against implicit repeal
Status: repealed

Construction Against Implicit Repeal.

The Uniform Commercial Code being a general act intended as a

unified coverage of its subject matter, no part of it shall be

deemed to be impliedly repealed by subsequent legislation if such

construction can reasonably be avoided.
Okla. Stat. tit. 12, § 12-3321 — OK Code / Title 12 / Section 12-3321
Uniformity of application and construction
Status: in_force

UNIFORMITY OF APPLICATION AND CONSTRUCTION.

In applying and construing this uniform act, consideration must

be given to the need to promote uniformity of the law with respect

to its subject matter among states that enact it.
Okla. Stat. tit. 12, § 12-1600.26 — OK Code / Title 12 / Section 12-1600.26
Renumbered as § 330 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12A, § 12A-1-9-501 — OK Code / Title 12A / Section 12A-1-9-501
Filing office
Status: in_force

FILING OFFICE

(a) Except as otherwise provided in subsection (b) of this

section, if the local law of this state governs perfection of a

security interest or agricultural lien, the office in which to file

a financing statement to perfect the security interest or

agricultural lien is:

(1) the office designated for the filing or recording of a

record of a mortgage on the related real property, if:

(A) the collateral is as-extracted collateral or timber to

be cut; or

(B) the financing statement is filed as a fixture filing

and the collateral is goods that are or are to become

fixtures; or

(2) the office of the county clerk of Oklahoma County, in all

other cases, including a case in which the collateral is goods that

are or are to become fixtures and the financing statement is not

filed as a fixture filing.

(b) The office in which to file a financing statement to

perfect a security interest in collateral, including fixtures, of a

transmitting utility is the office of the Secretary of State

pursuant to Sections 17 and 18 of Title 46 of the Oklahoma Statutes.

The financing statement also constitutes a fixture filing as to the

collateral indicated in the financing statement which is or is to

become fixtures.
Okla. Stat. tit. 12, § 12-1450 — OK Code / Title 12 / Section 12-1450
Online impersonation – Liability - Remedies
Status: in_force

A. As used in this section:

1. "Photograph" means any photograph or photographic

reproduction, still or moving, or any videotape or live television

transmission of any person, such that the person is readily

identifiable. A person shall be deemed to be readily identifiable

from a photograph when one who views the photograph with the naked

eye can reasonably determine that the person depicted in the

photograph is the same person who is complaining of its unauthorized

use, or the person on whose behalf a complaint is being made; and

2. "Social media" means forms of electronic communication

through which users create online communities to share information,

ideas, personal messages and other content.

B. Any person who knowingly uses another's name, voice,

signature, photograph or likeness through social media to create a

false identity without such person's consent, or in the case of a

minor the consent of his or her parent or legal guardian, for the

purpose of harming, intimidating, threatening or defrauding such

person, shall be liable for online impersonation and liable for any

damages sustained by the person or persons injured as a result

Oklahoma Statutes - Title 12. Civil Procedure Page 296

thereof; provided, however, there shall be no liability for any

online impersonation for which the sole purpose is satire or parody.

C. At the time of filing a petition for an action pursuant to

this section, the plaintiff may request an automatic injunction

preventing the continued use of the plaintiff's name, voice,

signature, photograph or likeness. The plaintiff may be awarded

damages as provided in subsection D of this section.

D. Actual damages shall include, but not be limited to, funds

spent related to counseling, identity theft or libel. Any profits

from the unauthorized use of such person's likeness that are

attributable to the use may be considered in the computation of

actual damages. Punitive damages of no less than Five Hundred

Dollars ($500.00) per individual may be awarded to the injured party

or parties. The prevailing party in any action under this section

shall be entitled to attorney fees and costs.

E. This section shall not apply to law enforcement agencies or

their employees acting within the scope of their employment

investigating Internet crimes. Nothing in this section shall be

construed to impose liability on an interactive computer service, as

defined in 47 U.S.C. 230(f), for content provided by another person.

F. The remedies provided for in this section are cumulative and

shall be in addition to any others provided for by law.
Okla. Stat. tit. 12A, § 12A-4-204 — OK Code / Title 12A / Section 12A-4-204
Methods of Sending and Presenting; Sending Directly to
Status: in_force

Payor Bank.

METHODS OF SENDING AND PRESENTING;

SENDING DIRECTLY TO PAYOR BANK

(a) A collecting bank shall send items by a reasonably prompt

method, taking into consideration relevant instructions, the nature

of the item, the number of those items on hand, the cost of

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 337

collection involved, and the method generally used by it or others

to present those items.

(b) A collecting bank may send:

(1) An item directly to the payor bank;

(2) An item to a nonbank payor if authorized by its

transferor; and

(3) An item other than documentary drafts to a nonbank

payor, if authorized by Federal Reserve regulation or

operating circular, clearing-house rule, or the like.

(c) Presentment may be made by a presenting bank at a place

where the payor bank or other payor has requested that presentment

be made.
Okla. Stat. tit. 12A, § 12A-2-711 — OK Code / Title 12A / Section 12A-2-711
Buyer's Remedies in General; Buyer's Security Interest
Status: in_force

in Rejected Goods.

(1) Where the seller fails to make delivery or repudiates or the

buyer rightfully rejects or justifiably revokes acceptance then with

respect to any goods involved, and with respect to the whole if the

breach goes to the whole contract (Section 2-612), the buyer may

cancel and whether or not he has done so may in addition to

recovering so much of the price as has been paid

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 226

(a) "cover" and have damages under the next section as to

all the goods affected whether or not they have been identified to

the contract; or

(b) recover damages for nondelivery as provided in this

article (Section 2-713).

(2) Where the seller fails to deliver or repudiates the

buyer may also

(a) if the goods have been identified recover them as

provided in this article (Section 2-502); or

(b) in a proper case obtain specific performance or

replevy the goods as provided in this article (Section 2-716).

(3) On rightful rejection or justifiable revocation of

acceptance of buyer has a security interest in goods in his

possession or control for any payments made on their price and any

expenses reasonably incurred in their inspection, receipt,

transportation, care and custody and may hold such goods and resell

them in like manner as an aggrieved seller (Section 2-706).
Okla. Stat. tit. 12, § 12-1340 — OK Code / Title 12 / Section 12-1340
Proceedings in case of allegation of sickness or
Status: in_force

imfirmity - Exceptions to return - Controverting - New matter -

Amendments.

The court or judge, if satisfied with the truth of the

allegation of sickness or infirmity, may proceed to decide on the

return, or the hearing may be adjourned until the party can be

produced, or for other good cause. The plaintiff may except to the

sufficiency of, or controvert the return or any part thereof, or

allege any new matter in avoidance; the new matter shall be

Oklahoma Statutes - Title 12. Civil Procedure Page 273

verified, except in cases of commitment on a criminal charge; the

return and pleadings may be amended without causing any delay.

R.L. 1910, § 4891.
Okla. Stat. tit. 12A, § 12A-2A-518 — OK Code / Title 12A / Section 12A-2A-518
Cover - Substitute goods
Status: in_force

COVER; SUBSTITUTE GOODS

(1) After a default by a lessor under the lease contract of the

type described in subsection (1) of Section 2A-508 of this title,

or, if agreed, after other default by the lessor, the lessee may

cover by making any purchase or lease of or contract to purchase or

lease goods in substitution for those due from the lessor.

(2) Except as otherwise provided with respect to damages

liquidated in the lease agreement (Section 2A-504 of this title) or

otherwise determined pursuant to agreement of the parties

(subsection (c) of Section 15 of this act and Section 2A-503 of this

title), if a lessee's cover is by a lease agreement substantially

similar to the original lease agreement and the new lease agreement

is made in good faith and in a commercially reasonable manner, the

lessee may recover from the lessor as damages:

(i) the present value, as of the date of the commencement

of the term of the new lease agreement, of the rent

under the new lease agreement applicable to that

period of the new lease term which is comparable to

the then remaining term of the original lease

agreement minus the present value as of the same date

of the total rent for the then remaining lease term of

the original lease agreement, and

(ii) any incidental or consequential damages less expenses

saved in consequence of the lessor's default.

(3) If a lessee's cover is by lease agreement that for any

reason does not qualify for treatment under subsection (2) of this

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 271

section, or is by purchase or otherwise, the lessee may recover from

the lessor as if the lessee had elected not to cover and Section 2A-

519 of this title governs.
Okla. Stat. tit. 12, § 12-994 — OK Code / Title 12 / Section 12-994
Judgment involving multiple claims or parties
Status: in_force

A. When more than one claim for relief is presented in an

action, whether as a claim, counterclaim, cross-claim, or third-

party claim, or when multiple parties are involved, the court may

direct the preparation and filing of a final judgment, decree, or

final order as to one or more but fewer than all of the claims or

parties only upon an express determination that there is no just

reason for delay and upon an express direction for the filing of a

final judgment, decree, or final order. In the absence of such

determination and direction, any order or other form of decision,

however designated, which adjudicates fewer than all the claims or

the rights and liabilities of fewer than all the parties shall not

terminate the action as to any of the claims or parties, and the

order or other form of decision is subject to revision at any time

before the final judgment, decree, or final order adjudicating all

the claims and the rights and liabilities of all the parties is

filed with the court clerk.

B. When a court has ordered a final judgment, decree, or final

order under the conditions stated in subsection A of this section,

the court may stay enforcement of that final judgment, decree or

final order until the filing of a subsequent final judgment, decree

or final order and may prescribe such conditions as are necessary to

protect the interests of all parties to the action. If the court

stays the enforcement of a final judgment, decree, or final order

until the filing of a subsequent final judgment, decree, or final

order, notice of the vacation or modification of the stay or of any

condition that was imposed on the enforcement of the final judgment,

decree, or final order shall be given to the parties affected by the

stay or condition.
Okla. Stat. tit. 12, § 12-1031.1 — OK Code / Title 12 / Section 12-1031.1
Authorization to correct, open, modify or vacate
Status: in_force

judgments - Time - Notice.

A. A court may correct, open, modify or vacate a judgment,

decree, or appealable order on its own initiative not later than

thirty (30) days after the judgment, decree, or appealable order

prepared in conformance with Section 696.3 of this title has been

filed with the court clerk. Notice of the court's action shall be

given as directed by the court to all affected parties.

Oklahoma Statutes - Title 12. Civil Procedure Page 200

B. On motion of a party made not later than thirty (30) days

after a judgment, decree, or appealable order prepared in

conformance with Section 696.3 of this title has been filed with the

court clerk, the court may correct, open, modify, or vacate the

judgment, decree, or appealable order. If the moving party did not

prepare the judgment, decree, or appealable order, and Section 696.2

of this title required a copy of the judgment, decree, or appealable

order to be mailed to the moving party, and the court records do not

reflect the mailing of a copy of the judgment, decree, or appealable

order to the moving party within three (3) days, exclusive of

weekends and holidays, after the filing of the judgment, decree, or

appealable order, the motion to correct, open, modify, or vacate the

judgment, decree, or appealable order may be filed no later than

thirty (30) days after the earliest date on which the court records

show that a copy of the judgment, decree, or appealable order was

mailed to the moving party. The moving party shall give notice to

all affected parties. A motion to correct, open, modify, or vacate

a judgment or decree filed after the announcement of the decision on

all issues in the case but before the filing of the judgment or

decree shall be deemed filed immediately after the filing of the

judgment or decree.

C. If more than thirty (30) days have passed since the filing

of a judgment, decree, or appealable order, proceedings to vacate or

modify the judgment, decree, or appealable order shall be by

petition in conformance with Section 1033 of this title unless

approved by all parties who have entered an appearance in the

lawsuit.

D. The party that prevails in an action to vacate any judgment,

decree or appealable order shall only be considered the prevailing

party for the purpose of the award of costs, to include a reasonable

attorney fee, if such party prevails on the merits in the underlying

action.
Okla. Stat. tit. 12A, § 12A-1-9-320.1 — OK Code / Title 12A / Section 12A-1-9-320.1
Purpose
Status: in_force

PURPOSE

The purpose of Sections 1-9-320.1 through 1-9-320.7 of this

title is to make the laws governing protection of buyers of farm

products, commission merchants, and selling agents comply with the

provisions of Section 1324 of the Food Security Act of 1985 as

codified at Section 1631 of Title 7 of the United States Code.
Okla. Stat. tit. 12A, § 12A-1-9-341 — OK Code / Title 12A / Section 12A-1-9-341
Bank’s rights and duties with respect to deposit
Status: in_force

account.

BANK'S RIGHTS AND DUTIES WITH RESPECT TO DEPOSIT ACCOUNT

Except as otherwise provided in subsection (c) of Section 1-9-

340 of this title, and unless the bank otherwise agrees in a signed

record, a bank's rights and duties with respect to a deposit account

maintained with the bank are not terminated, suspended, or modified

by:

(1) the creation, attachment, or perfection of a security

interest in the deposit account;

(2) the bank's knowledge of the security interest; or

(3) the bank's receipt of instructions from the secured party.
Okla. Stat. tit. 12, § 12-1148.6 — OK Code / Title 12 / Section 12-1148.6
Answer or affidavit by defendant
Status: in_force

A. In all cases in which the defendant wishes to assert title

to the land or that the boundaries of the land are in dispute, he

shall, before the time for the trial of the cause, file a verified

answer or an affidavit which contains a full and specific statement

of the facts constituting his defense of title or boundary dispute.

If the defendant files such a verified answer or affidavit, the

action shall proceed as one in ejectment before the proper division

of the district court. If the defendant files an affidavit he shall

file answer within ten (10) days after the date the affidavit is

filed.

B. In all cases in which the cause of action is based on an

asserted breach of a lease by the defendant, or the termination or

expiration of a lease under which the defendant claims an interest

in the property in a verified answer or affidavit, the plaintiff may

proceed with the forcible entry and detainer action instead of an

ejectment action.

C. No answer by the defendant shall be required before the time

for trial of the cause.
Okla. Stat. tit. 12, § 12-1234 — OK Code / Title 12 / Section 12-1234
Discharge of attachment - Proceedings
Status: in_force

If judgment be rendered in the action for the defendant the

attachment shall be discharged and the property attached, or its

proceeds, shall be returned to him. If the attachment or

garnishment shall be discharged on motion prior to final judgment,

the defendant may, upon proper supplemental answer, recover his

damages, as in other cases for such wrongful attachment or

garnishment.

R.L. 1910, § 4855.
Okla. Stat. tit. 12, § 12-1600.25 — OK Code / Title 12 / Section 12-1600.25
Renumbered as § 329 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12, § 12-1600.38 — OK Code / Title 12 / Section 12-1600.38
Renumbered as § 344 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12, § 12-1341 — OK Code / Title 12 / Section 12-1341
Hearing and discharge
Status: in_force

The court or judge shall thereupon proceed in a summary way to

hear and determine the cause, and if no legal cause be shown for the

restraint or for the continuance thereof, shall discharge the party.

R.L. 1910, § 4892.
Okla. Stat. tit. 12, § 12-718A — OK Code / Title 12 / Section 12-718A
Foreign defamation judgments
Status: in_force

A. For the purposes of this section only, a "foreign defamation

judgment" shall mean any judgment for a cause of action equivalent

or fundamentally similar to an action for libel or slander that is

rendered by a court or tribunal outside the United States or its

territories or possessions. This section shall not apply to any

judgment for defamation, slander or libel rendered by a federal

court or a court or tribunal in this or any other state of the

Oklahoma Statutes - Title 12. Civil Procedure Page 128

United States, an American Indian tribe recognized by the United

States, or one of the United States territories or possessions.

B. In addition to any other defenses that may exist, no foreign

defamation judgment shall be recognized or enforced if:

1. It is determined by a court of this state that the judgment

was rendered by a judicial system that does not provide impartial

tribunals or procedures substantially compatible with the

requirements of due process of law applicable to courts of this

state;

2. The court or tribunal issuing the foreign defamation

judgment did not have personal jurisdiction over the defendant in

accordance with the principles applicable under Oklahoma law; or

3. The court or tribunal issuing the foreign defamation

judgment did not have subject matter jurisdiction over the action.

C. A foreign defamation judgment shall not be recognized by any

court of this state until it is established by a preponderance of

the evidence that the defamation, libel or slander law applied in

the foreign defamation court's jurisdiction provides the same or

higher protection for freedom of speech and press as would be

provided under both the United States and Oklahoma Constitutions.

If it is determined that the law in the foreign defamation

judgment's jurisdiction provides the same or greater protection,

then the court may proceed to consider if the judgment shall be

recognized as a foreign judgment. If it is determined that the law

in the foreign defamation judgment's jurisdiction does not provide

the same or greater protection, or if no finding is made on this

point, then the court shall not recognize or enforce the foreign

defamation judgment and the judgment shall be void.

D. For the purpose of rendering declaratory relief with respect

to a person's liability for a foreign defamation judgment and

determining whether the foreign defamation judgment should be deemed

nonrecognizable, this state's courts have personal jurisdiction over

any person who obtains a foreign defamation judgment against any

person who:

1. Is a resident of this state;

2. Is a person or entity amenable to the jurisdiction of this

state;

3. Has assets in this state; or

4. May have to take action in this state to comply with the

foreign defamation judgment.

E. This section shall apply to foreign defamation judgments

filed for enforcement on or after November 1, 2013.
Okla. Stat. tit. 12, § 12-236a — OK Code / Title 12 / Section 12-236a
Party defendants in real property actions
Status: in_force

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.
Okla. Stat. tit. 12, § 12-700 — OK Code / Title 12 / Section 12-700
Judgment against infant - Right of infant to show cause
Status: in_force

against judgment one year after reaching majority.

It shall not be necessary to reserve in a judgment or order the

right of a minor to show cause against him after his attaining full

age; but in any case in which, but for this section, such

reservation would have been proper, the minor, within one (1) year

after arriving at the age of eighteen (18) years, may show cause

against such order or judgment.

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

1973.
Okla. Stat. tit. 12A, § 12A-1-9-319 — OK Code / Title 12A / Section 12A-1-9-319
Rights and title of consignee with respect to
Status: in_force

creditors and purchasers.

RIGHTS AND TITLE OF CONSIGNEE WITH

RESPECT TO CREDITORS AND PURCHASERS

(a) Except as otherwise provided in subsection (b) of this

section, for purposes of determining the rights of creditors of, and

purchasers for value of goods from, a consignee, while the goods are

in the possession of the consignee, the consignee is deemed to have

rights and title to the goods identical to those the consignor had

or had power to transfer.

(b) For purposes of determining the rights of a creditor of a

consignee, law other than this article determines the rights and

title of a consignee while goods are in the consignee’s possession

if, under this part, a perfected security interest held by the

consignor would have priority over the rights of the creditor.
Okla. Stat. tit. 12, § 12-1231 — OK Code / Title 12 / Section 12-1231
Bond - Execution in vacation
Status: in_force

The undertaking mentioned in the last section may, in vacation,

be executed in the presence of the sheriff having the order of

attachment in his hands, or after the return of the order, before

the clerk, with the same effect as if executed in court, the

sureties in either case to be approved by the officer before whom

the undertaking is executed.

R.L. 1910, § 4852.
Okla. Stat. tit. 12, § 12-729.11 — OK Code / Title 12 / Section 12-729.11
Enforcement of foreign judgment
Status: in_force

A. If an action is brought to enforce a judgment of another

jurisdiction expressed in a foreign money and the judgment is

recognized in this state as enforceable, the enforcing judgment must

be entered as provided in Section 8 of this act, whether or not the

foreign judgment confers an option to pay in an equivalent amount of

United States dollars.

B. A foreign judgment may be filed in accordance with any rule

or statute of this state providing a procedure for its recognition

and enforcement.

C. A satisfaction or partial payment made upon the foreign

judgment, on proof thereof, must be credited against the amount of

foreign money specified in the judgment, notwithstanding the entry

of judgment in this state.

D. A judgment entered on a foreign-money claim only in United

States dollars in another state must be enforced in this state in

United States dollars only.
Okla. Stat. tit. 12, § 12-990.1 — OK Code / Title 12 / Section 12-990.1
Jurisdiction of certain appeals - Time limit for
Status: in_force

counter-appeals and cross-appeals.

When a petition in error is timely filed, the Supreme Court

shall have jurisdiction of the entire action that is the subject of

the appeal. No additional jurisdictional steps shall be necessary

to enable the Supreme Court to rule upon any errors made in the

trial of the action which are asserted by any party to the appeal

and involve any other party to the appeal.

The Supreme Court may prescribe by rule the time limits for

filing counter-appeals and cross-appeals.
Okla. Stat. tit. 12A, § 12A-8-505 — OK Code / Title 12A / Section 12A-8-505
Duty of Securities Intermediary with Respect to
Status: in_force

Payments and Distributions.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 452

Duty of Securities Intermediary with Respect to Payments and

Distributions.

(a) A securities intermediary shall take action to obtain a

payment or distribution made by the issuer of a financial asset. A

securities intermediary satisfies the duty if:

(1) the securities intermediary acts with respect to the

duty as agreed upon by the entitlement holder and the

securities intermediary; or

(2) in the absence of agreement, the securities

intermediary exercises due care in accordance with

reasonable commercial standards to attempt to obtain

the payment or distribution.

(b) A securities intermediary is obligated to its entitlement

holder for a payment or distribution made by the issuer of a

financial asset if the payment or distribution is received by the

securities intermediary.
Okla. Stat. tit. 12A, § 12A-8-306 — OK Code / Title 12A / Section 12A-8-306
Effect of Guaranteeing Signature, Indorsement, or
Status: in_force

Instruction.

Effect of Guaranteeing Signature, Indorsement, or Instruction.

(a) A person who guarantees a signature of an indorser of a

security certificate warrants that at the time of signing:

(1) the signature was genuine;

(2) the signer was an appropriate person to indorse, or if

the signature is by an agent, the agent had actual

authority to act on behalf of the appropriate person;

and

(3) the signer had legal capacity to sign.

(b) A person who guarantees a signature of the originator of an

instruction warrants that at the time of signing:

(1) the signature was genuine;

(2) the signer was an appropriate person to originate the

instruction, or if the signature is by an agent, the

agent had actual authority to act on behalf of the

appropriate person, if the person specified in the

instruction as the registered owner was, in fact, the

registered owner, as to which fact the signature

guarantor does not make a warranty; and

(3) the signer had legal capacity to sign.

(c) A person who specially guarantees the signature of an

originator of an instruction make the warranties of a signature

guarantor under subsection (b) of this section and also warrants

that at the time the instruction is presented to the issuer:

(1) the person specified in the instruction as the

registered owner of the uncertificated security will

be the registered owner; and

(2) the transfer of the uncertificated security requested

in the instruction will be registered by the issuer

free from all liens, security interests, restrictions,

and claims other than those specified in the

instruction.

(d) A guarantor under subsections (a) and (b) of this section

or a special guarantor under subsection (c) of this section does not

otherwise warrant the rightfulness of the transfer.

(e) A person who guarantees an indorsement of a security

certificate makes the warranties of a signature guarantor under

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 443

subsection (a) of this section and also warrants the rightfulness of

the transfer in all respects.

(f) A person who guarantees an instruction requesting the

transfer of an uncertificated security makes the warranties of a

special signature guarantor under subsection (c) of this section and

also warrants the rightfulness of the transfer in all respects.

(g) An issuer may not require a special guaranty of signature,

a guaranty of indorsement, or a guaranty of instruction as a

condition to registration of transfer.

(h) The warranties under this section are made to a person

taking or dealing with the security in reliance on the guaranty, and

the guarantor is liable to the person for loss resulting from their

breach. An indorser or originator of an instruction whose

signature, indorsement, or instruction has been guaranteed is liable

to a guarantor for any loss suffered by the guarantor as a result of

breach of the warranties of the guarantor.
Okla. Stat. tit. 12, § 12-1432 — OK Code / Title 12 / Section 12-1432
Motion to dismiss legal actions – Time limit for filing –
Status: in_force

Suspension of discovery.

A. If a legal action is based on, relates to or is in response

to a party's exercise of the right of free speech, right to petition

or right of association, that party may file a motion to dismiss the

legal action.

B. A motion to dismiss a legal action under this section shall

be filed no later than sixty (60) days after the date of service of

the legal action. The court may extend the time to file a motion

under this section on a showing of good cause.

C. Except as provided in Section 6 of the Oklahoma Citizens

Participation Act, on the filing of a motion under subsection A of

this section, all discovery in the legal action shall be suspended

until the court has ruled on the motion to dismiss.
Okla. Stat. tit. 12, § 12-1172.2 — OK Code / Title 12 / Section 12-1172.2
Notice of garnishment and exemptions - Payment of funds
Status: in_force

by garnishee.

A. When a garnishment summons is issued in any action after the

judgment is filed, the court clerk shall attach to the garnishment

summons a notice of garnishment and exemptions required by

subsection C of Section 1174 of this title and an application for

the defendant to request a hearing. If the garnishee is indebted to

or holds property or money belonging to the defendant, the garnishee

Oklahoma Statutes - Title 12. Civil Procedure Page 242

shall immediately mail by first-class mail a copy of the notice of

garnishment and exemptions and the application for hearing to the

defendant at the last-known address of the defendant shown on the

records of the garnishee at the time the garnishment summons was

served on the garnishee. If more than one address is shown on the

records of the garnishee at the time of service of the summons, the

garnishee shall discharge the duty by mailing the required items to

any one of the addresses shown on its records. In lieu of mailing,

the garnishee may hand-deliver a copy of the notice of garnishment

and exemptions and the application for hearing to the defendant.

The garnishee shall have no liability except for willful failure to

mail or hand-deliver the copy of the notice of garnishment and

exemptions and the application for hearing to the defendant. The

answer of the garnishee shall contain a statement indicating

substantial compliance with this section. If the application

requesting a hearing is filed, the court shall set the matter for

hearing within not less than two (2) nor more than ten (10) days

from receipt of the returned application, and the court clerk shall

give notice of the hearing to each of the parties by first-class

mail. The defendant shall have the burden of proof to show that

some or all of the assets subject to the garnishment are exempt.

The court shall issue an order determining the exemption and

directing distribution of funds, as appropriate. The court may

direct such other orders to the judgment creditor as are necessary

to prevent subsequent garnishment of the exempt property.

B. In any case in which the garnishee is required by law or by

order of the court to pay garnishment funds, the garnishee shall pay

the funds directly to the judgment creditor, unless otherwise

ordered by the court upon good cause shown, to pay the funds

directly to the court clerk or unless due to federal law or federal

regulation it is necessary that payment be made directly to the

court clerk.

C. Any funds paid to the court clerk on a judgment, whether or

not pursuant to a garnishment summons shall be paid to the judgment

creditor's attorney, or to the judgment creditor if there is no

attorney within twenty-one (21) days from receipt by the court

clerk, notwithstanding the various times set forth above unless

otherwise directed by the court. No order of disbursement shall be

necessary. In distribution of funds to the judgment creditor's

attorney or judgment creditor, if received pursuant to a

garnishment, the court shall not have the duty to determine whether

or not the garnishee has complied with the mailing or hand-delivery

required of this section or be held liable for complete or partial

noncompliance with the notice delivery requirement by the garnishee.
Okla. Stat. tit. 12A, § 12A-2-601 — OK Code / Title 12A / Section 12A-2-601
Buyer's Rights on Improper Delivery
Status: in_force

Subject to the provisions of this article on breach in

installment contracts (Section 2-612) and unless otherwise agreed

under the sections on contractual limitations of remedy (Sections 2-

718 and 2-719), if the goods or the tender of delivery fail in any

respect to conform to the contract, the buyer may

(a) reject the whole; or

(b) accept the whole; or

(c) accept any commercial unit or units and reject the rest.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 215
Okla. Stat. tit. 12, § 12-2803.3 — OK Code / Title 12 / Section 12-2803.3
Statements pertaining to domestic abuse
Status: in_force

A statement that purports to narrate, describe, report, or

explain an incident or incidents of domestic abuse as defined in

Section 60.1 of Title 22 of the Oklahoma Statutes:

1. Made by the victim of domestic abuse to a law enforcement

officer within one (1) week of the incident;

2. On an application for a protective order by the victim of

domestic abuse within one (1) week of the incident; or

3. Given as testimony of the victim of domestic abuse made at a

hearing on application for a protective order,

shall be admissible in pre-trial or post-trial criminal and juvenile

delinquent domestic abuse prosecutions including preliminary

hearings, prosecutive merit hearings, or hearings on the revocation

of probation or acceleration of a deferred judgment.
Okla. Stat. tit. 12A, § 12A-3-413 — OK Code / Title 12A / Section 12A-3-413
Obligation of Acceptor
Status: in_force

OBLIGATION OF ACCEPTOR

(a) The acceptor of a draft is obliged to pay the draft (i)

according to its terms at the time it was accepted, even though the

acceptance states that the draft is payable "as originally drawn" or

equivalent terms, (ii) if the acceptance varies the terms of the

draft, according to the terms of the draft as varied, or (iii) if

the acceptance is of a draft that is an incomplete instrument,

according to its terms when completed, to the extent stated in

Sections 3-115 and 3-407 of this title. The obligation is owed to a

person entitled to enforce the draft or to the drawer or an indorser

who paid the draft under Section 3-414 or 3-415 of this title.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 313

(b) If the certification of a check or other acceptance of a

draft states the amount certified or accepted, the obligation of the

acceptor is that amount. If (i) the certification or acceptance

does not state an amount, (ii) the amount of the instrument is

subsequently raised, and (iii) the instrument is then negotiated to

a holder in due course, the obligation of the acceptor is the amount

of the instrument at the time it was taken by the holder in due

course.
Okla. Stat. tit. 12, § 12-2 — OK Code / Title 12 / Section 12-2
Force of common law
Status: in_force

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.
Okla. Stat. tit. 12A, § 12A-7-502 — OK Code / Title 12A / Section 12A-7-502
Rights acquired by due negotiation
Status: in_force

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 415

Rights Acquired by Due Negotiation.

(a) Subject to Sections 7-205 and 7-503 of this title, a holder

to which a negotiable document of title has been duly negotiated

acquires thereby:

(1) title to the document;

(2) title to the goods;

(3) all rights accruing under the law of agency or estoppel,

including rights to goods delivered to the bailee after the document

was issued; and

(4) the direct obligation of the issuer to hold or deliver the

goods according to the terms of the document free of any defense or

claim by the issuer except those arising under the terms of the

document or under this article, but in the case of a delivery order,

the bailee's obligation accrues only upon acceptance of the delivery

order and the obligation acquired by the holder is that the issuer

and any endorser will procure the acceptance of the bailee.

(b) Subject to Section 7-503 of this title, title and rights

acquired by due negotiation are not defeated by any stoppage of the

goods represented by the document or by surrender of the goods by

the bailee and are not impaired even if:

(1) the due negotiation or any prior due negotiation

constituted a breach of duty;

(2) any person has been deprived of possession of a negotiable

tangible document or control of a negotiable electronic document by

misrepresentation, fraud, accident, mistake, duress, loss, theft or

conversion; or

(3) a previous sale or other transfer of the goods or document

has been made to a third person.
Okla. Stat. tit. 12, § 12-857 — OK Code / Title 12 / Section 12-857
Continuance
Status: in_force

The judge or referee shall have power to continue his

proceedings, from time to time, until they shall be completed.

R.L. 1910, § 5205. Amended by Laws 1965, c. 300, § 7.
Okla. Stat. tit. 12, § 12-400 — OK Code / Title 12 / Section 12-400
Witness may demand fees each day - Exception
Status: in_force

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.
Okla. Stat. tit. 12A, § 12A-8-112 — OK Code / Title 12A / Section 12A-8-112
Creditor's Legal Process
Status: in_force

Creditor's Legal Process.

(a) The interest of a debtor in a certificated security may be

reached by a creditor only by actual seizure of the security

certificate by the officer making the attachment or levy, except as

otherwise provided in subsection (d) of this section. However, a

certificated security for which the certificate has been surrendered

to the issuer may be reached by a creditor by legal process upon the

issuer.

(b) The interest of a debtor in an uncertificated security may

be reached by a creditor only by legal process upon the issuer at

its chief executive office in the United States, except as otherwise

provided in subsection (d) of this section.

(c) The interest of a debtor in a security entitlement may be

reached by a creditor only by legal process upon the securities

intermediary with whom the debtor's securities account is

maintained, except as otherwise provided in subsection (d) of this

section.

(d) The interest of a debtor in a certificated security for

which the certificate is in the possession of a secured party, or in

an uncertificated security registered in the name of a secured

party, or a security entitlement maintained in the name of a secured

party, may be reached by a creditor by legal process upon the

secured party.

(e) A creditor whose debtor is the owner of a certificated

security, uncertificated security, or security entitlement is

entitled to aid from a court of competent jurisdiction, by

injunction or otherwise, in reaching the certificated security,

uncertificated security, or security entitlement or in satisfying

the claim by means allowed at law or in equity in regard to property

that cannot readily be reached by other legal process.
Okla. Stat. tit. 12, § 12-1505 — OK Code / Title 12 / Section 12-1505
Order for partition
Status: in_force

After the interests of all the parties shall have been

ascertained, the court shall make an order specifying the interests

of the respective parties, and directing partition to be made

accordingly.

R.L. 1910, § 4944.
Okla. Stat. tit. 12A, § 12A-1-9-306B — OK Code / Title 12A / Section 12A-1-9-306B
Law governing perfection and priority of security
Status: in_force

interests in controllable accounts, controllable electronic records,

and controllable payment intangibles.

LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN

CONTROLLABLE ACCOUNTS, CONTROLLABLE ELECTRONIC RECORDS, AND

CONTROLLABLE PAYMENT INTANGIBLES

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 56

(a) Except as provided in subsection (b) of this section, the

local law of the controllable electronic record's jurisdiction

specified in subsections (c) and (d) of Section 12-107 of this title

governs perfection, the effect of perfection or nonperfection, and

the priority of a security interest in a controllable electronic

record and a security interest in a controllable account or

controllable payment intangible evidenced by the controllable

electronic record.

(b) The local law of the jurisdiction in which the debtor is

located governs:

(1) perfection of a security interest in a controllable

account, controllable electronic record, or controllable payment

intangible by filing; and

(2) automatic perfection of a security interest in a

controllable payment intangible created by a sale of the

controllable payment intangible.
Okla. Stat. tit. 12A, § 12A-2-315 — OK Code / Title 12A / Section 12A-2-315
Implied Warranty: Fitness for Particular Purpose
Status: in_force

Where the seller at the time of contracting has reason to know

any particular purpose for which the goods are required and that the

buyer is relying on the seller's skill or judgment to select or

furnish suitable goods, there is unless excluded or modified under

the next section an implied warranty that the goods shall be fit for

such purpose.
Okla. Stat. tit. 12A, § 12A-1-9-309 — OK Code / Title 12A / Section 12A-1-9-309
Security interest perfected upon attachment
Status: in_force

SECURITY INTEREST PERFECTED UPON ATTACHMENT

The following security interests are perfected when they attach:

(1) a purchase-money security interest in consumer goods,

except as otherwise provided in subsection (b) of Section 1-9-311 of

this title with respect to consumer goods that are subject to a

statute or treaty described in subsection (a) of Section 1-9-311 of

this title;

(2) an assignment of accounts or payment intangibles which does

not by itself or in conjunction with other assignments to the same

assignee transfer a significant part of the assignor’s outstanding

accounts or payment intangibles;

(3) a sale of a payment intangible;

(4) a sale of a promissory note;

(5) a security interest created by the assignment of a health-

care-insurance receivable to the provider of the health-care goods

or services;

(6) a security interest arising under Section 2-401, 2-505,

paragraph (3) of Section 2-711, or paragraph (5) of Section 2A-508

of this title, until the debtor obtains possession of the

collateral;

(7) a security interest of a collecting bank arising under

Section 4-210 of this title;

(8) a security interest of an issuer or nominated person

arising under Section 5-118 of this title;

(9) a security interest arising in the delivery of a financial

asset under subsection (c) of Section 1-9-206 of this title;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 59

(10) a security interest in investment property created by a

broker or securities intermediary;

(11) a security interest in a commodity contract or a commodity

account created by a commodity intermediary;

(12) an assignment for the benefit of all creditors of the

transferor and subsequent transfers by the assignee thereunder;

(13) a security interest created by an assignment of a

beneficial interest in a decedent’s estate; and

(14) a sale by an individual of an account that is a right to

payment of winnings in a lottery or other game of chance.
Okla. Stat. tit. 12, § 12-1600.37 — OK Code / Title 12 / Section 12-1600.37
Renumbered as § 343 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12, § 12-630 — OK Code / Title 12 / Section 12-630
Formal exceptions unnecessary - What acts sufficient
Status: in_force

Formal exceptions to rulings or orders of the court shall not be

necessary; but for all purposes for which an exception has

heretofore been necessary at the trial of a cause it shall be

sufficient that a party, at the time the ruling or order of the

court is made or sought, makes known to the court the action which

he desires the court to take or his objection to the action of the

court and his grounds therefor.
Okla. Stat. tit. 12, § 12-1507 — OK Code / Title 12 / Section 12-1507
Allotments
Status: in_force

For good and sufficient reasons appearing to the court, the

commissioners may be directed to allot particular portions to any

one of the parties.

R.L. 1910, § 4946.
Okla. Stat. tit. 12, § 12-1274.1 — OK Code / Title 12 / Section 12-1274.1
Renumbered as § 107 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-1230 — OK Code / Title 12 / Section 12-1230
Bond to discharge attachment
Status: in_force

If the defendant, or other person on his behalf, at any time

before judgment, cause an undertaking to be executed to the

plaintiff, by one or more sureties, resident in the county, to be

approved by the court, in double the amount of the plaintiff's claim

as stated in his affidavit, to the effect that the defendant shall

perform the judgment of the court, the attachment in such action

shall be discharged, and restitution made of any property taken

under it or the proceeds thereof. Such undertaking shall, also,

discharge the liability of a garnishee in such action, for any

property of the defendant in his hands.

R.L. 1910, § 4851.
Okla. Stat. tit. 12, § 12-1600.34 — OK Code / Title 12 / Section 12-1600.34
Renumbered as § 339 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12A, § 12A-2A-515 — OK Code / Title 12A / Section 12A-2A-515
Acceptance of goods
Status: in_force

ACCEPTANCE OF GOODS

(1) Acceptance of goods occurs after the lessee has had a

reasonable opportunity to inspect the goods and:

(a) the lessee signifies or acts with respect to the

goods in a manner that signifies to the lessor or the supplier that

the goods are conforming or that the lessee will take or retain them

in spite of their nonconformity; or

(b) the lessee fails to make an effective rejection

of the goods (subsection (2) of Section 56 of this act).

(2) Acceptance of a part of any commercial unit is acceptance

of that entire unit.
Okla. Stat. tit. 12, § 12-728 — OK Code / Title 12 / Section 12-728
Standards for recognizing records and proceedings of
Status: in_force

tribal courts - Reciprocity.

A. This act affirms the power of the Supreme Court of the State

of Oklahoma to issue standards for extending full faith and credit

to the records and judicial proceedings of any court of any

federally recognized Indian nation, tribe, band or political

subdivision thereof, including courts of Indian offenses.

B. In issuing any such standard the Supreme Court of the State

of Oklahoma may extend such recognition in whole or in part to such

type or types of judgments of the tribal courts as it deems

appropriate where tribal courts agree to grant reciprocity of

judgments of the courts of the State of Oklahoma in such tribal

courts.
Okla. Stat. tit. 12, § 12-91 — OK Code / Title 12 / Section 12-91
Actions barred not revived
Status: in_force

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.
Okla. Stat. tit. 12, § 12-1147.6 — OK Code / Title 12 / Section 12-1147.6
Fees and costs
Status: in_force

The court shall fix all fees and costs including reasonable

compensation for the guardian or guardians ad litem and trustee and

assess the same against the trust assets or, in the event the sale

is not made, against the parties to the proceedings who are sui

juris as equity may require.
Okla. Stat. tit. 12, § 12-771 — OK Code / Title 12 / Section 12-771
Levy on realty under several executions
Status: in_force

In all cases where two or more executions shall be put into the

hands of any sheriff or other officer, and it shall be necessary to

levy on real estate to satisfy the same, and either of the judgment

creditors, in whose favor one or more of said executions are issued,

shall require the sheriff or other officer to levy said executions,

or so many thereof as may be required, on separate parcels of the

real property of the judgment debtor or debtors, giving to the

officer making the levy on behalf of the creditors, whose execution

may, by the provisions of this article, be entitled to a preference,

the choice of such part of the real property of the judgment debtor

Oklahoma Statutes - Title 12. Civil Procedure Page 156

or debtors, as will be sufficient, at two-thirds (2/3) of the

appraised value, to satisfy the same; and in all cases where two or

more executions, which are entitled to no preference over each

other, are put in the hands of the same officer, it shall be the

duty of the officer, when required, to levy the same on separate

parcels of the real property of the judgment debtor or debtors,

when, in the opinion of the appraisers, the same may be divided

without material injury; and if the real property of said debtors

will not be sufficient, at two-thirds (2/3) of its appraised value,

to satisfy all the executions chargeable thereon, such part of the

same shall be levied on, to satisfy each execution, as will bear the

same proportion in value to the whole, as the amount due to the

execution bears to the amount of all the executions chargeable

thereon, as near as may be according to the appraised value of each

separate parcel of said real property.

R.L. 1910, § 5173.
Okla. Stat. tit. 12A, § 12A-7-507 — OK Code / Title 12A / Section 12A-7-507
Warranties on negotiation or transfer of receipt or
Status: in_force

bill.

Warranties on Negotiation or Transfer of Receipt or Bill.

If a person negotiates or transfers a document of title for

value, otherwise than as a mere intermediary under Section 7-508 of

this title, unless otherwise agreed, the transferor, in addition to

any warranty made in selling or leasing the goods, warrants to its

immediate purchaser only that:

(1) the document is genuine;

(2) the transferor does not have knowledge of any fact that

would impair the document’s validity or worth; and

(3) the negotiation or transfer is rightful and fully effective

with respect to the title to the document and the goods it

represents.
Okla. Stat. tit. 12, § 12-705 — OK Code / Title 12 / Section 12-705
Renumbered as Section 32.2 of this title by Laws 1972, c
Status: in_force

119, § 5, emerg. eff. March 31, 1972.
Okla. Stat. tit. 12A, § 12A-2A-531 — OK Code / Title 12A / Section 12A-2A-531
Standing to sue third parties for injury to goods
Status: in_force

STANDING TO SUE THIRD PARTIES FOR INJURY TO GOODS

(1) If a third party so deals with goods that have been

identified to a lease contract as to cause actionable injury to a

party to the lease contract:

(a) the lessor has a right of action against the

third party, and

(b) the lessee also has a right of action against

the third party if the lessee:

(i) has a security interest in the goods;

(ii) has an insurable interest in the goods; or

(iii) bears the risk of loss under the lease

contract or has since the injury assumed that risk as against the

lessor and the goods have been converted or destroyed.

(2) If at the time of the injury the party plaintiff did not

bear the risk of loss as against the other party to the lease

contract and there is no arrangement between them for disposition of

the recovery, his suit or settlement, subject to his own interest,

is as a fiduciary for the other party to the lease contract.

(3) Either party with the consent of the other may sue for the

benefit of whom it may concern.
Okla. Stat. tit. 12, § 12-1574 — OK Code / Title 12 / Section 12-1574
Order for delivery
Status: in_force

The order for the delivery of the property to the plaintiffs

shall be addressed and delivered to the sheriff. It shall state the

names of the parties, the court in which the action is brought, and

command the sheriff to take the property, describing it, and deliver

it to the plaintiff, and to make return of the order on a day to be

named therein.

R.L. 1910, § 4801.
Okla. Stat. tit. 12A, § 12A-1-9-320.2 — OK Code / Title 12A / Section 12A-1-9-320.2
Definitions; requisites of an effective financing
Status: in_force

statement.

DEFINITIONS; REQUISITES OF AN

EFFECTIVE FINANCING STATEMENT

As used in this section and Sections 1-9-320.1 through 1-9-320.7

of this title:

(a) “Buyer in the ordinary course of business” means a

person who, in the ordinary course of business, buys

farm products from a person engaged in farming

operations who is in the business of selling farm

products.

(b) “Central filing system” means a system for filing

effective financing statements on a statewide basis

and which has been certified by the Secretary of the

United States Department of Agriculture.

(c) “Commission merchant” means any person engaged in the

business of receiving any farm product for sale, on

commission, or for or on behalf of another person.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 72

(d) “Effective financing statement” means a statement

that:

(i) is an original or reproduced form consistent with

the provisions of this act and approved by the

Oklahoma County Clerk;

(ii) is signed and filed with the Oklahoma County

Clerk by the secured party;

(iii) contains:

(A) the name and address of the secured party,

(B) the name and address of the person indebted

to the secured party,

(C) the social security number of the debtor or,

in the case of a debtor doing business other

than as an individual, the Internal Revenue

Service taxpayer identification number of

such debtor,

(D) the farm product name,

(E) each county in this state where the farm

product is produced or to be produced or a

blanket code covering all 77 Oklahoma

counties,

(F) a description of the farm products subject

to the security interest only if needed to

distinguish it from other such farm products

owned by the same person or persons but not

subject to the particular interest; and

(G) the crop year, unless every crop of the farm

product in question, for the duration of the

effective financing statement, is to be

subject to the particular security interest;

(iv) must be amended in writing, within three (3)

months, similarly filed, to reflect material

changes;

(v) remains effective for a period of five (5) years

from the date of filing, subject to extensions

for additional periods of five (5) years each by

refiling or filing a continuation statement

within six (6) months before the expiration of

the initial five-year period;

(vi) is not removed from the public database but is

not reported as an active file when the statement

lapses on the expiration of the effective period

of the statement or when a termination statement

from the secured party is accepted, whichever

occurs first;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 73

(vii) is accompanied by the requisite filing fee

provided for in Section 111 of Title 28 of the

Oklahoma Statutes;

(viii) substantially complies with the requirements of

this paragraph even though it contains minor

errors that are not seriously misleading; and

(ix) may reflect multiple products or products in

multiple counties.

(e) “Farm product” means an agricultural commodity such as

wheat, corn, soybeans, or a species of livestock such

as cattle, hogs, sheep, horses, or poultry used or

produced in farming operations, or a product of such

crop or livestock in its unmanufactured state (such as

ginned cotton, wool-clip, maple syrup, milk, and

eggs), that is in the possession of a person engaged

in farming operations.

(f) “Knows” or “knowledge” means actual knowledge.

(g) “Person” means any individual, partnership,

corporation, limited liability company, trust, or any

other business entity.

(h) “Security interest” means an interest in farm products

that secures payment or performance of an obligation.

(i) “Selling agent” means any person, other than a

commission merchant, who is engaged in the business of

negotiating the sale and purchase of any farm product

on behalf of a person engaged in farming operations.

Unless otherwise provided for in this act, for purposes of this

section and Sections 4 and 6 of this act, receipt of notice shall be

presumed if notice is sent by first-class mail, postage prepaid.
Okla. Stat. tit. 12, § 12-729.13 — OK Code / Title 12 / Section 12-729.13
Foreign money revalorization
Status: in_force

A. If, after an obligation is expressed or a loss is incurred

in a foreign money, the country issuing or adopting that money

substitutes a new money in place of that money, the obligation or

the loss is treated as if expressed or incurred in the new money at

the rate of conversion the issuing country establishes for the

payment of like obligations or losses denominated in the former

money.

B. If substitution under subsection A of this section occurs

after a judgment or award is entered on a foreign-money claim, the

court or arbitrator shall amend the judgment or award by a like

conversion of the former money.
Okla. Stat. tit. 12, § 12-2305 — OK Code / Title 12 / Section 12-2305
Inconsistent presumptions
Status: in_force

If two conflicting presumptions arise the court shall apply the

presumption which is founded on the weightier considerations of

policy and logic. If there is no such preponderance both

presumptions shall be disregarded.
Okla. Stat. tit. 12A, § 12A-2-401 — OK Code / Title 12A / Section 12A-2-401
Passing of title - Reservation for security - Limited
Status: in_force

application of this section.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 206

Passing of Title; Reservation for Security; Limited Application

of this Section.

Each provision of this article with regard to the rights,

obligations and remedies of the seller, the buyer, purchasers or

other third parties applies irrespective of title to the goods

except where the provision refers to such title. Insofar as

situations are not covered by the other provisions of this article

and matters concerning title become material the following rules

apply:

(1) Title to goods cannot pass under a contract for sale prior

to their identification to the contract (Section 2-501), and unless

otherwise explicitly agreed the buyer acquires by their

identification a special property as limited by this act. Any

retention or reservation by the seller of the title (property) in

goods shipped or delivered to the buyer is limited in effect to a

reservation of a security interest. Subject to these provisions and

to the provisions of the article on Secured Transactions (Article

9), title to goods passes from the seller to the buyer in any manner

and on any conditions explicitly agreed on by the parties.

(2) Unless otherwise explicitly agreed title passes to the

buyer at the time and place at which the seller completes his

performance with reference to the physical delivery of the goods,

despite any reservation of a security interest and even though a

document of title is to be delivered at a different time or place;

and in particular and despite any reservation of a security interest

by the bill of lading:

(a) if the contract requires or authorizes the seller to send

the goods to the buyer but does not require him to deliver them at

destination, title passes to the buyer at the time and place of

shipment; but

(b) if the contract requires delivery at destination, title

passes on tender there.

(3) Unless otherwise explicitly agreed where delivery is to be

made without moving the goods,

(a) if the seller is to deliver a tangible document of title,

title passes at the time when and the place where he delivers such

documents and if the seller is to deliver an electronic document of

title, title passes when the seller delivers the document; or

(b) if the goods are at the time of contracting already

identified and no documents are to be delivered, title passes at the

time and place of contracting.

(4) A rejection or other refusal by the buyer to receive or

retain the goods, whether or not justified, or a justified

revocation of acceptance revests title to the goods in the seller.

Such revesting occurs by operation of law and is not a “sale”.
Okla. Stat. tit. 12, § 12-158.2 — OK Code / Title 12 / Section 12-158.2
Request of server - Fees
Status: in_force

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.
Okla. Stat. tit. 12, § 12-631 — OK Code / Title 12 / Section 12-631
Exception defined
Status: in_force

An exception is an objection taken to a decision of the court or

judge upon a matter of law.

R.L. 1910, § 5026.
Okla. Stat. tit. 12A, § 12A-1-9-404 — OK Code / Title 12A / Section 12A-1-9-404
Rights acquired by assignee; claims and defenses
Status: in_force

against assignee.

RIGHTS ACQUIRED BY ASSIGNEE;

CLAIMS AND DEFENSES AGAINST ASSIGNEE

(a) Unless an account debtor has made an enforceable agreement

not to assert defenses or claims, and subject to subsections (b)

through (e) of this section, the rights of an assignee are subject

to:

(1) all terms of the agreement between the account debtor and

assignor and any defense or claim in recoupment arising from the

transaction that gave rise to the contract; and

(2) any other defense or claim of the account debtor against

the assignor which accrues before the account debtor receives a

notification of the assignment signed by the assignor or the

assignee.

(b) Subject to subsection (c) of this section and except as

otherwise provided in subsection (d) of this section, the claim of

an account debtor against an assignor may be asserted against an

assignee under subsection (a) of this section only to reduce the

amount the account debtor owes.

(c) This section is subject to law other than this article

which establishes a different rule for an account debtor who is an

individual and who incurred the obligation primarily for personal,

family, or household purposes.

(d) In a consumer transaction, if a record evidences the

account debtor's obligation, law other than this article requires

that the record include a statement to the effect that the account

debtor's recovery against an assignee with respect to claims and

defenses against the assignor may not exceed amounts paid by the

account debtor under the record, and the record does not include

such a statement, the extent to which a claim of an account debtor

against the assignor may be asserted against an assignee is

determined as if the record included such a statement.

(e) This section does not apply to an assignment of a health-

care-insurance receivable.
Okla. Stat. tit. 12, § 12-926 — OK Code / Title 12 / Section 12-926
Costs where defendant disclaims
Status: in_force

Where defendants disclaim having any title or interest in land

or other property, the subject matter of the action, they shall

recover their costs, unless for special reasons the court decide

otherwise.

R.L. 1910, § 5227.
Okla. Stat. tit. 12A, § 12A-2-308 — OK Code / Title 12A / Section 12A-2-308
Absence of Specified Place for Delivery
Status: in_force

Unless otherwise agreed

(a) the place for delivery of goods is the seller's place

of business or if he has none his residence; but

(b) in a contract for sale of identified goods which to

the knowledge of the parties at the time of

contracting are in some other place, that place is the

place for their delivery; and

(c) documents of title may be delivered through customary

banking channels.