Okla. Stat. tit. 12A, § 12A-15-121 — OK Code / Title 12A / Section 12A-15-121
Registration of certification authorities
Status: in_force

(a) No person, other than a state agency, board, or commission,

shall act as a registered certification authority in this state

until such person:

(1) Registers with the Secretary on forms approved and provided

by the Secretary;

(2) Files with the Secretary a good and sufficient surety bond,

certificate of insurance, or other evidence of financial security in

the amount of Two Hundred Fifty Thousand Dollars ($250,000.00); and

(3) Meets the requirements of any rules promulgated by the

Secretary.

(b) District and appellate court filings shall not be subject

to the rules and regulations promulgated by the Secretary of State,

but shall require the use of a registered certification authority or

electronic signature pursuant to rules adopted by the Supreme Court.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 482

(c) If a registered certification authority fails to maintain

any of the qualifications listed in subsection (a) of this section,

the registration of the certification authority shall be deemed

lapsed.

(d) Any person who knowingly acts as a registered certification

authority who has not met the requirements set forth in subsection

(a) of this section shall, upon conviction, be guilty of a

misdemeanor and shall be punished by a fine of not more than One

Thousand Dollars ($1,000.00) or up to thirty (30) days in a county

jail, or both, for each violation. Each violation shall be a

separate offense under this section.

(e) Notwithstanding any contractual provisions to the contrary,

a certification authority shall be liable for damages suffered by

any person injured as a result of the fraudulent or unauthorized

acts of the certification authority.

(f) In addition to any civil or criminal actions, the Secretary

or the Attorney General may apply to the district court in the

county in which a violation of this section has allegedly occurred

for an order enjoining or restraining the person from continuing the

acts specified in the complaint. The court may grant a temporary or

permanent injunction or restraining order, with or without bond, as

it deems just and proper.

(g) The Secretary is authorized to adopt rules to implement the

provisions of this section, and related provisions.

(h) The Secretary shall have the authority to establish

reciprocity with other states and nations for purposes of this

section, and related provisions.
Okla. Stat. tit. 12A, § 12A-1-9-308 — OK Code / Title 12A / Section 12A-1-9-308
When security interest or agricultural lien is
Status: in_force

perfected; continuity of perfection.

WHEN SECURITY INTEREST OR AGRICULTURAL

LIEN IS PERFECTED; CONTINUITY OF PERFECTION

(a) Except as otherwise provided in this section and Section 1-

9-309 of this title, a security interest is perfected if it has

attached and all of the applicable requirements for perfection in

Sections 1-9-310 through 1-9-316 of this title have been satisfied.

A security interest is perfected when it attaches if the applicable

requirements are satisfied before the security interest attaches.

(b) An agricultural lien is perfected if it has become

effective and all of the applicable requirements for perfection in

Section 1-9-310 of this title have been satisfied. An agricultural

lien is perfected when it becomes effective if the applicable

requirements are satisfied before the agricultural lien becomes

effective.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 58

(c) A security interest or agricultural lien is perfected

continuously if it is originally perfected by one method under this

article and is later perfected by another method under this article,

without an intermediate period when it was unperfected.

(d) Perfection of a security interest in collateral also

perfects a security interest in a supporting obligation for the

collateral.

(e) Perfection of a security interest in a right to payment or

performance also perfects a security interest in a security

interest, mortgage, or other lien on personal or real property

securing the right.

(f) Perfection of a security interest in a securities account

also perfects a security interest in the security entitlements

carried in the securities account.

(g) Perfection of a security interest in a commodity account

also perfects a security interest in the commodity contracts carried

in the commodity account.
Okla. Stat. tit. 12A, § 12A-1-9-202 — OK Code / Title 12A / Section 12A-1-9-202
Title to collateral immaterial
Status: in_force

TITLE TO COLLATERAL IMMATERIAL

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 43

Except as otherwise provided with respect to consignments or

sales of accounts, chattel paper, payment intangibles, or promissory

notes, the provisions of this article with regard to rights and

obligations apply whether title to collateral is in the secured

party or the debtor.
Okla. Stat. tit. 12, § 12-177.2 — OK Code / Title 12 / Section 12-177.2
Limitation of actions
Status: in_force

Provided, any proceeding or suit or action to challenge or

vacate or reopen a judgment ratified or confirmed by this act or law

shall be commenced within six (6) months from the effective date

hereof. Unless such suit or proceeding is begun within such time,

the right to attack or challenge or question the validity of such

judgment shall be forever barred.
Okla. Stat. tit. 12, § 12-2056 — OK Code / Title 12 / Section 12-2056
Motions for summary judgment
Status: in_force

A. BY A CLAIMING PARTY. A party claiming relief may move, with

or without supporting affidavits, for summary judgment on all or

part of the claim. The motion may be filed at any time after twenty

(20) days have passed from commencement of the action or the

opposing party serves a motion for summary judgment.

B. BY A DEFENDING PARTY. A party against whom relief is sought

may move at any time, with or without supporting affidavits, for

summary judgment on all or part of the claim.

C. PROCEEDINGS. The judgment sought should be rendered if the

pleadings, the discovery and disclosure materials on file, and any

affidavits show that there is no genuine issue as to any material

fact and that the movant is entitled to judgment as a matter of law.

D. CASE NOT FULLY ADJUDICATED ON THE MOTION. If summary

judgment is not rendered on the whole action, the court should, to

the extent practicable, determine what material facts are not

genuinely at issue. The court should so determine by examining the

pleadings and evidence before it and by interrogating the attorneys.

It should then issue an order specifying what facts, including items

of damages or other relief, are not genuinely at issue. The facts

so specified must be treated as established in the action. An

interlocutory summary judgment may be rendered on liability alone,

even if there is a genuine issue on the amount of damages.

E. AFFIDAVITS AND FURTHER TESTIMONY. A supporting or opposing

affidavit must be made on personal knowledge, set out facts that

would be admissible in evidence, and show that the affiant is

competent to testify on the matters stated. If a paper or part of a

paper is referred to in an affidavit, a sworn or certified copy must

be attached to or served with the affidavit. The court may permit

an affidavit to be supplemented or opposed by depositions, answers

Oklahoma Statutes - Title 12. Civil Procedure Page 440

to interrogatories, or additional affidavits. When a motion for

summary judgment is properly made and supported, an opposing party

may not rely merely on allegations or denials in its own pleading;

rather, its response must, by affidavits or as otherwise provided in

this rule, set out specific facts showing a genuine issue for trial.

If the opposing party does not so respond, summary judgment should,

if appropriate, be entered against that party.

F. WHEN AFFIDAVITS ARE UNAVAILABLE. If a party opposing the

motion shows by affidavit that, for specified reasons, it cannot

present facts essential to justify its opposition, the court may

deny the motion, order a continuance to enable affidavits to be

obtained, depositions to be taken, or other discovery to be

undertaken or issue any other just order.

G. AFFIDAVITS SUBMITTED IN BAD FAITH. If satisfied that an

affidavit under this rule is submitted in bad faith or solely for

delay, the court must order the submitting party to pay the other

party the reasonable expenses, including attorney fees, it incurred

as a result. An offending party or attorney may also be held in

contempt.
Okla. Stat. tit. 12A, § 12A-3-205 — OK Code / Title 12A / Section 12A-3-205
Special Indorsement; Blank Indorsement; Anomalous
Status: in_force

Indorsement.

SPECIAL INDORSEMENT; BLANK INDORSEMENT; ANOMALOUS INDORSEMENT

(a) If an indorsement is made by the holder of an instrument,

whether payable to an identified person or payable to bearer, and

the indorsement identifies a person to whom it makes the instrument

payable, it is a "special indorsement". When specially indorsed, an

instrument becomes payable to the identified person and may be

negotiated only by the indorsement of that person. The principles

stated in Section 3-110 of this title apply to special indorsements.

(b) If an indorsement is made by the holder of an instrument

and it is not a special indorsement, it is a "blank indorsement".

When indorsed in blank, an instrument becomes payable to bearer and

may be negotiated by transfer of possession alone until specially

indorsed.

(c) The holder may convert a blank indorsement that consists

only of a signature into a special indorsement by writing, above the

signature of the indorser, words identifying the person to whom the

instrument is made payable.

(d) "Anomalous indorsement" means an indorsement made by a

person who is not the holder of the instrument. An anomalous

indorsement does not affect the manner in which the instrument may

be negotiated.
Okla. Stat. tit. 12A, § 12A-4A-402 — OK Code / Title 12A / Section 12A-4A-402
Obligation of sender to pay receiving bank
Status: in_force

OBLIGATION OF SENDER TO PAY RECEIVING BANK

(a) This section is subject to Sections 13 and 15 of this act.

(b) With respect to a payment order issued to the beneficiary's

bank, acceptance of the order by the bank obliges the sender to pay

the bank the amount of the order, but payment is not due until the

payment date of the order.

(c) This subsection is subject to subsection (e) of this

section and to Section 23 of this act. With respect to a payment

order issued to a receiving bank other than the beneficiary's bank,

acceptance of the order by the receiving bank obliges the sender to

pay the bank the amount of the sender's order. Payment by the

sender is not due until the execution date of the sender's order.

The obligation of that sender to pay its payment order is excused if

the funds transfer is not completed by acceptance by the

beneficiary's bank of a payment order instructing payment to the

beneficiary of that sender's payment order.

(d) If the sender of a payment order pays the order and was not

obliged to pay all or part of the amount paid, the bank receiving

payment is obliged to refund payment to the extent the sender was

not obliged to pay. Except as provided in Sections 12 and 24 of

this act, interest is payable on the refundable amount from the date

of payment.

(e) If a funds transfer is not completed as stated in

subsection (c) of this section and an intermediary bank is obliged

to refund payment as stated in subsection (d) of this section but is

unable to do so because not permitted by applicable law or because

the bank suspends payments, a sender in the funds transfer that

executed a payment order in compliance with an instruction, as

stated in paragraph (1) of subsection (a) of Section 22 of this act,

to route the funds transfer through that intermediary bank is

entitled to receive or retain payment from the sender of the payment

order that it accepted. The first sender in the funds transfer that

issued an instruction requiring routing through that intermediary

bank is subrogated to the right of the bank that paid the

intermediary bank to refund as stated in subsection (d) of this

section.

(f) The right of the sender of a payment order to be excused

from the obligation to pay the order as stated in subsection (c) or

to receive refund under subsection (d) of this section may not be

varied by agreement.
Okla. Stat. tit. 12, § 12-935 — OK Code / Title 12 / Section 12-935
Deposit insufficient - Apportionment to claimants
Status: in_force

Whenever the amount of money deposited as security for costs in

any such action or proceeding, or whenever the amount collected

therein shall be insufficient, at the termination of the action or

proceeding, to pay all the costs in such action or proceeding, then

the amount so deposited or collected shall be apportioned ratably

among the different officers and persons entitled thereto in the

same proportion that the amount due each officer or person bears to

the whole amount so deposited or collected.
Okla. Stat. tit. 12, § 12-931 — OK Code / Title 12 / Section 12-931
Several actions on joint instrument
Status: in_force

Where several actions are brought on one bill of exchange,

promissory note or other obligation, or instrument in writing,

against several parties who might have been joined as defendants in

the same action, no costs shall be recovered by the plaintiff in

more than one of such actions, if the parties proceeded against in

the other actions were, at the commencement of the previous action,

openly within the state.

R.L. 1910, § 5232.
Okla. Stat. tit. 12, § 12-766 — OK Code / Title 12 / Section 12-766
Sheriff's deed - Title transferred - Requisites
Status: in_force

The sheriff or other officer who, upon such writ or writs of

execution, shall sell the said lands and tenements, or any part

thereof, at a physical place or by Internet or other electronic

means, including an online auction marketplace, shall make to the

purchaser as good and sufficient deed of conveyance of the land

sold, as the person or persons against whom such writ or writs of

execution were issued could have made of the same, at or any time

after they became liable to the judgment. The deed shall be

sufficient evidence of the legality of such sale, and the

proceedings therein, until the contrary be proved, and shall vest in

the purchaser as good and as perfect an estate in the premises

therein mentioned, as was vested in the party at, or after, the time

when such lands and tenements became liable to the satisfaction of

the judgment; and such deed of conveyance, to be made by the sheriff

or other officer, shall recite the execution or executions, or the

substance thereof, and the names of the parties, the amount and date

of rendition of each judgment, by virtue whereof the said lands and

tenements were sold as aforesaid, and shall be executed,

acknowledged and recorded as is or may be provided by law, to

perfect the conveyance of real estate in other cases.

R.L. 1910, § 5168. Amended by Laws 2022, c. 326, § 3, emerg. eff.

May 25, 2022.
Okla. Stat. tit. 12, § 12-1277.7 — OK Code / Title 12 / Section 12-1277.7
Renumbered as § 118 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-1600.33 — OK Code / Title 12 / Section 12-1600.33
Renumbered as § 338 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12, § 12-859 — OK Code / Title 12 / Section 12-859
Contempts
Status: in_force

If any person, party or witness disobey an order of the judge or

referee, duly served, such person, party or witness may be punished

by the judge, as for a contempt.

R.L. 1910, § 5207.
Okla. Stat. tit. 12A, § 12A-12-104 — OK Code / Title 12A / Section 12A-12-104
Rights in controllable account, controllable
Status: in_force

electronic record, and controllable payment intangible.

RIGHTS IN CONTROLLABLE ACCOUNT, CONTROLLABLE ELECTRONIC RECORD, AND

CONTROLLABLE PAYMENT INTANGIBLE

(a) This section applies to the acquisition and purchase of

rights in a controllable account or controllable payment intangible,

including the rights and benefits under subsections (c), (d), (e),

(g), and (h) of this section of a purchaser and qualifying

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 465

purchaser, in the same manner this section applies to a controllable

electronic record.

(b) To determine whether a purchaser of a controllable account

or a controllable payment intangible is a qualifying purchaser, the

purchaser obtains control of the account or payment intangible if it

obtains control of the controllable electronic record that evidences

the account or payment intangible.

(c) Except as provided in this section, law other than this

article determines whether a person acquires a right in a

controllable electronic record and the right the person acquires.

(d) A purchaser of a controllable electronic record acquires

all rights in the controllable electronic record that the transferor

had or had power to transfer, except that a purchaser of a limited

interest in a controllable electronic record acquires rights only to

the extent of the interest purchased.

(e) A qualifying purchaser acquires its rights in the

controllable electronic record free of a claim of a property right

in the controllable electronic record.

(f) Except as provided in subsections (a) and (e) of this

section for a controllable account and a controllable payment

intangible or law other than this article, a qualifying purchaser

takes a right to payment, right to performance, or other interest in

property evidenced by the controllable electronic record subject to

a claim of a property right in the right to payment, right to

performance, or other interest in property.

(g) An action may not be asserted against a qualifying

purchaser based on both a purchase by the qualifying purchaser of a

controllable electronic record and a claim of a property right in

another controllable electronic record, whether the action is framed

in conversion, replevin, constructive trust, equitable lien, or

other theory.

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

title is not notice of a claim of a property right in a controllable

electronic record.
Okla. Stat. tit. 12, § 12-39 — OK Code / Title 12 / Section 12-39
Court clerk – Prohibition of posting documents containing
Status: in_force

certain charges on court-controlled website.

A. No court clerk shall publish on a court-controlled website

any document in a case that contains a charge involving rape,

sodomy, sex crimes, sexual images, lewd or indecent conduct,

pornography, child abuse or neglect, domestic abuse, kidnapping,

extortion of a vulnerable victim, human trafficking or similar

offenses including, but not limited to, those in Sections 644, 741,

843.1, 843.5, 885, 886, 888, 1021, 1021.2, 1021.3, 1040.13a, 1081,

1085, 1087, 1088, 1111 through 1116 or 1123 of Title 21 of the

Oklahoma Statutes.

B. Nothing in this section shall be construed to prohibit

access to any original document as provided by law.
Okla. Stat. tit. 12A, § 12A-2A-221 — OK Code / Title 12A / Section 12A-2A-221
Casualty to identified goods
Status: in_force

CASUALTY TO IDENTIFIED GOODS

If a lease contract requires goods identified when the lease

contract is made, and the goods suffer casualty without fault of the

lessee, the lessor or the supplier before delivery, or the goods

suffer casualty before risk of loss passes to the lessee pursuant to

the lease agreement or Section 29 of this act, then:

(a) if the loss is total, the lease contract is

avoided; and

(b) if the loss is partial or the goods have so

deteriorated as to no longer conform to the lease contract, the

lessee may nevertheless demand inspection and at his option either

treat the lease contract as avoided or, except in a finance lease

that is not a consumer lease, accept the goods with due allowance

from the rent payable for the balance of the lease term for the

deterioration or the deficiency in quantity but without further

right against the lessor.
Okla. Stat. tit. 12, § 12-577.4 — OK Code / Title 12 / Section 12-577.4
Damage awards - Applicability of federal and state
Status: in_force

income tax.

The Oklahoma Uniform Jury Instructions (OUJI) applicable in a

civil case shall include an instruction notifying the jury that no

part of an award for damages for personal injury or wrongful death

is subject to federal or state income tax. Any amount that the jury

determines to be proper compensation for personal injury or wrongful

death should not be increased or decreased by any consideration for

income taxes. In order to be admitted at trial, any exhibit

relating to damage awards shall reflect accurate tax ramifications.
Okla. Stat. tit. 12A, § 12A-1-101 — OK Code / Title 12A / Section 12A-1-101
Short titles
Status: in_force

Short Titles.

(a) Sections 1-101 through 11-107 of this title shall be known

and may be cited as the “Uniform Commercial Code”.

(b) This article shall be known and may be cited as “Uniform

Commercial Code - General Provisions”.
Okla. Stat. tit. 12, § 12-1859 — OK Code / Title 12 / Section 12-1859
Appointment of arbitrator
Status: in_force

A. Before an arbitrator is appointed and is authorized and able

to act, the court, upon application and motion of a party to an

arbitration proceeding and for good cause shown, may enter an order

for provisional remedies to protect the effectiveness of the

arbitration proceeding to the same extent and under the same

conditions as if the controversy were the subject of a civil action.

B. After an arbitrator is appointed and is authorized and able

to act:

1. The arbitrator may issue such further or revised orders for

provisional remedies, including interim awards, as the arbitrator

finds necessary to protect the effectiveness of the arbitration

proceeding and to promote the fair and expeditious resolution of the

controversy, to the same extent and under the same conditions as if

the controversy were the subject of a civil action; and

2. A party to an arbitration proceeding may move the court for

a provisional remedy only if the matter is urgent and the arbitrator

is not able to act timely or the arbitrator cannot provide an

adequate remedy.

C. A party does not waive a right of arbitration by making an

application and motion under subsection A or B of this section.
Okla. Stat. tit. 12, § 12-3229 — OK Code / Title 12 / Section 12-3229
Stipulations regarding discovery procedure
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 516

Unless the court orders otherwise, the parties may by written

stipulation:

1. Provide that depositions may be taken before any person, at

any time or place, upon any notice, and in any manner and when so

taken may be used like other depositions; and

2. Modify other procedures governing or limitations placed upon

discovery, except that stipulations extending the time provided in

Sections 3226, 3233, 3234 and 3236 of this title for responses to

discovery may, if they would interfere with any time set for

completion of discovery, be made only with the approval of the

court. A person designated by the stipulation has the power by

virtue of his designation to administer any necessary oath.
Okla. Stat. tit. 12A, § 12A-2-611 — OK Code / Title 12A / Section 12A-2-611
Retraction of Anticipatory Repudiation
Status: in_force

(1) Until the repudiating party's next performance is due he can

retract his repudiation unless the aggrieved party has since the

repudiation cancelled or materially changed his position or

otherwise indicated that he considers the repudiation final.

(2) Retraction may be by any method which clearly indicates to

the aggrieved party that the repudiating party intends to perform,

but must include any assurance justifiably demanded under the

provisions of this article (Section 2-609).

(3) Retraction reinstates the repudiating party's rights under

the contract with due excuse and allowance to the aggrieved party

for any delay occasioned by the repudiation.
Okla. Stat. tit. 12, § 12-3210 — OK Code / Title 12 / Section 12-3210
Renumbered as § 3233 of this title by Laws 1989, c. 129,
Status: in_force

§ 14, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-2406 — OK Code / Title 12 / Section 12-2406
Habit - Routine practice
Status: in_force

Evidence of a person's habit or of an organization's routine

practice, whether corroborated or not and regardless of the presence

of eyewitnesses, is relevant to prove that the conduct of the person

or organization on a particular occasion was in conformity with the

habit or routine practice.
Okla. Stat. tit. 12, § 12-729.15 — OK Code / Title 12 / Section 12-729.15
Prospective applicability of act
Status: in_force

This act applies to actions and distribution proceedings

commenced after its effective date.
Okla. Stat. tit. 12, § 12-2804.1 — OK Code / Title 12 / Section 12-2804.1
Hearsay exception – Exceptional circumstances
Status: in_force

A. In exceptional circumstances a statement not covered by

Section 2803, 2804, 2805, or 2806 of this title but possessing

equivalent, though not identical, circumstantial guarantees of

trustworthiness, is not excluded by the hearsay rule if the court

determines that:

Oklahoma Statutes - Title 12. Civil Procedure Page 486

1. The statement is offered as evidence of a fact of

consequence;

2. The statement is more probative on the point for which it is

offered than any other evidence that the proponent can procure

through reasonable efforts; and

3. The general purposes of this Code and the interests of

justice will best be served by admission of the statement into

evidence.

B. The court shall state on the record the circumstances that

support its determination of the admissibility of the statement

offered pursuant to subsection A of this section.

C. A statement is not admissible under this exception unless

its proponent gives to all parties reasonable notice in advance of

trial, or during trial if the court excuses pretrial notice for good

cause shown, of the substance of the statement and the identity of

the declarant.
Okla. Stat. tit. 12A, § 12A-2A-504 — OK Code / Title 12A / Section 12A-2A-504
Liquidation of damages
Status: in_force

LIQUIDATION OF DAMAGES

(1) Damages payable by either party for default, or any other

act or omission, including indemnity for loss or diminution of

anticipated tax benefits or loss or damage to lessor's residual

interest, may be liquidated in the lease agreement but only at an

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 262

amount or by a formula that is reasonable in light of the then

anticipated harm caused by the default or other act or omission.

(2) If the lease agreement provides for liquidation of damages,

and such provision does not comply with subsection (1) of this

section, or such provision is an exclusive or limited remedy that

circumstances cause to fail of its essential purpose, remedy may be

had as provided in this article.

(3) If the lessor justifiably withholds or stops delivery of

goods because of the lessee's default or insolvency (Section 72 or

73 of this act), the lessee is entitled to restitution of any amount

by which the sum of his payments exceeds:

(a) the amount to which the lessor is entitled by

virtue of terms liquidating the lessor's damages in accordance with

subsection (1) of this section; or

(b) in the absence of those terms, twenty percent

(20%) of the then present value of the total rent the lessee was

obligated to pay for the balance of the lease term, or, in the case

of a consumer lease, the lesser of such amount or Five Hundred

Dollars ($500.00).

(4) A lessee's right to restitution under subsection (3) of

this section is subject to offset to the extent the lessor

establishes:

(a) a right to recover damages under the provisions

of this article other than subsection (1) of this section; and

(b) the amount of value of any benefits received by

the lessee directly or indirectly by reason of the lease contract.
Okla. Stat. tit. 12, § 12-573 — OK Code / Title 12 / Section 12-573
Order of challenges
Status: in_force

The plaintiff first, and afterward the defendant, shall complete

his challenges for cause. They may then, in turn, in the same

order, have the right to challenge one juror each, until each shall

have peremptorily challenged three jurors, but no more.

R.L. 1910, § 4998.
Okla. Stat. tit. 12, § 12-2803 — OK Code / Title 12 / Section 12-2803
Hearsay exceptions - Availability of declarant
Status: in_force

immaterial.

The following are not excluded by the hearsay rule, even though

the declarant is available as a witness:

1. A statement describing or explaining an event or condition

made while the declarant was perceiving the event or condition, or

immediately thereafter;

2. A statement relating to a startling event or condition made

while the declarant was under the stress of excitement caused by the

event or condition;

3. A statement of the declarant's then existing state of mind,

emotion, sensation or physical condition, such as intent, plan,

motive, design, mental feeling, pain and bodily health, but not

including a statement of memory or belief to prove the fact

remembered or believed unless it relates to the execution,

revocation, identification or terms of declarant's will;

4. Statements made for purposes of medical diagnosis or

treatment and describing medical history, or past or present

Oklahoma Statutes - Title 12. Civil Procedure Page 479

symptoms, pain or sensations, if reasonably pertinent to diagnosis

or treatment;

5. A record concerning a matter about which a witness once had

knowledge but now has insufficient recollection to testify fully and

accurately, shown to have been made or adopted by the witness when

the matter was fresh in the witness’s memory and to reflect that

knowledge correctly. The record may be read into evidence but may

not itself be received as an exhibit unless offered by an adverse

party;

6. A record of acts, events, conditions, opinions or diagnosis,

made at or near the time by or from information transmitted by a

person with knowledge, if kept in the course of a regularly

conducted business activity, and if it was the regular practice of

that business activity to make the record, all as shown by the

testimony of the custodian or other qualified witness, or by

certification that complies with paragraph 11 or 12 of Section 2902

of this title, or with a statute providing for certification, unless

the source of information or the method or circumstances of

preparation indicate lack of trustworthiness. The term "business"

as used in this paragraph includes business, institution,

association, profession, occupation and calling of every kind,

whether or not conducted for profit. A public record inadmissible

under paragraph 8 of this section is inadmissible under this

exception;

7. Evidence that a matter is not included in records kept in

accordance with the provisions of paragraph 6 of this section, to

prove the nonoccurrence or nonexistence of the matter, if the matter

was of a kind of which a record was regularly made and preserved, or

by certification that complies with paragraph 11 or 12 of Section

2902 of this title, or with a statute providing for certification,

unless the sources of information or other circumstances indicate

lack of trustworthiness;

8. To the extent not otherwise provided in this paragraph, a

record of a public office or agency setting forth its regularly

conducted and regularly recorded activities or matters observed

pursuant to duty imposed by law and as to which there was a duty to

report, or factual finding resulting from an investigation made

pursuant to authority granted by law. The following are not within

this exception to the hearsay rule:

a. investigative reports by police and other law

enforcement personnel,

b. investigative reports prepared by or for a government,

a public office or agency when offered by it in a case

in which it is a party,

c. factual findings offered by the government in criminal

cases,

Oklahoma Statutes - Title 12. Civil Procedure Page 480

d. factual findings resulting from special investigation

of a particular complaint, case or incident, or

e. any matter as to which the sources of information or

other circumstances indicate lack of trustworthiness;

9. Records of births, fetal deaths, deaths or marriages, if the

report thereof was made to a public office pursuant to statutory

requirements;

10. To prove the absence of a record or the nonoccurrence or

nonexistence of a matter of which a record was regularly made and

preserved by a public office or agency, evidence in the form of a

certification in accordance with Section 2903 of this title, or

testimony, that diligent search failed to disclose the record or

entry;

11. Statements of births, marriages, divorces, deaths,

legitimacy, ancestry, relationship by blood or marriage or other

similar facts of personal or family history contained in a regularly

kept record of a religious organization;

12. Statements of fact contained in a certified record that the

maker performed a marriage or other ceremony or administered a

sacrament, made by a cleric, public official or other person

authorized by the rules or practices of a religious organization or

by law to perform the act certified and purporting to have been

issued at the time of the act or within a reasonable time

thereafter;

13. Statements of fact concerning personal or family history

including those contained in family Bibles, genealogy, charts,

engravings on rings, inscriptions on family portraits, engravings on

urns, crypts or tombstones, or the like;

14. A public record purporting to establish or affect an

interest in property, as proof of the content of the original

recorded document and its execution and delivery by each person by

whom it purports to have been executed and delivered;

15. A statement contained in a record purporting to establish

or affect an interest in property if the matter stated was relevant

to the purpose of the record unless dealings with the property since

the record was made have been inconsistent with the truth of the

statement or the purport of the record;

16. Statements in a record in existence twenty (20) years or

more, the authenticity of which is established;

17. Market quotations, tabulations, lists, directories or other

published or publicly recorded compilations generally used and

relied upon by the public or by persons in particular occupations;

18. To the extent called to the attention of an expert witness

upon cross-examination or relied upon by the witness in direct

examination, statements contained in published treatises,

periodicals or pamphlets on a subject of history, medicine or other

science or art, established as a reliable authority by the testimony

Oklahoma Statutes - Title 12. Civil Procedure Page 481

or admission of the witness or by other expert testimony or by

judicial notice. If admitted, the statements may be read into

evidence but may not be received as exhibits;

19. Reputation among members of an individual’s family by

blood, adoption or marriage, or among the individual’s associates,

or in the community, concerning a person's birth, adoption,

marriage, divorce, death, legitimacy, relationship by blood,

adoption or marriage, ancestry or other similar fact of the

individual’s personal or family history;

20. Reputation in a community, arising before the controversy,

as to boundaries of or customs affecting lands in the community and

reputation as to events of general history important to the

community or state or nation in which located;

21. Reputation of a person's character among the person’s

associates or in the community;

22. Evidence of a final judgment, but not upon a plea of nolo

contendere, adjudging a person guilty of a crime punishable by death

or imprisonment in excess of one (1) year, to prove any fact

essential to sustain the judgment, but not including, when offered

by the state in a criminal prosecution for purposes other than

impeachment, judgments against persons other than the accused. The

pendency of an appeal may be shown but does not affect

admissibility;

23. Judgments as proof of matters of personal, family or

general history, or boundaries, essential to the judgment, if the

matter would be provable by evidence of reputation; or

24. A verified or declared written medical report signed by a

physician, provided:

a. the report is used in an action not arising out of

contract in which the claim of the plaintiff is not in

excess of Twenty-five Thousand Dollars ($25,000.00),

b. the report contains a history of the plaintiff, the

complaints of the plaintiff, the physician’s findings

on examination, and any diagnostic tests, description

and cause of the injury, and the nature and extent of

any permanent impairment. All opinions expressed in

the report must be based upon a reasonable degree of

medical probability, and

c. the medical report must be verified or contain a

written declaration, made under the penalty of

perjury, that the report is true.
Okla. Stat. tit. 12, § 12-2107 — OK Code / Title 12 / Section 12-2107
Remainder of record
Status: in_force

When a record or part thereof is introduced by a party, an

adverse party may require the introduction at that time of any other

part or any other record that should in fairness be considered

contemporaneously with it.
Okla. Stat. tit. 12A, § 12A-5-106 — OK Code / Title 12A / Section 12A-5-106
Issuance, Amendment, Cancellation, and Duration
Status: in_force

Issuance, Amendment, Cancellation, and Duration.

(a) A letter of credit is issued and becomes enforceable

according to its terms against the issuer when the issuer sends or

otherwise transmits it to the person requested to advise or to the

beneficiary. A letter of credit is revocable only if it so

provides.

(b) After a letter of credit is issued, rights and obligations

of a beneficiary, applicant, confirmer, and issuer are not affected

by an amendment or cancellation to which that person has not

consented except to the extent the letter of credit provides that it

is revocable or that the issuer may amend or cancel the letter of

credit without that consent.

(c) If there is no stated expiration date or other provision

that determines its duration, a letter of credit expires one (1)

year after its stated date of issuance or, if none is stated, after

the date on which it is issued.

(d) A letter of credit that states that it is perpetual expires

five (5) years after its stated date of issuance, or if none is

stated, after the date on which it is issued.
Okla. Stat. tit. 12, § 12-414 — OK Code / Title 12 / Section 12-414
Penalties
Status: in_force

Every person who having been summoned as a witness by the

authority of either house of the Legislature, to give testimony or

produce papers upon any matter under inquiry before either house, or

any committee of either house of the Legislature, willfully makes

default, or who, having appeared, refuses to answer any question

pertinent to the question under inquiry, shall be deemed guilty of a

misdemeanor, punishable by a fine of not more than Five Thousand

Dollars ($5,000.00) nor less than One Hundred Dollars ($100.00), and

imprisonment in a county jail for not less than one (1) month nor

more than twelve (12) months.
Okla. Stat. tit. 12A, § 12A-2-327 — OK Code / Title 12A / Section 12A-2-327
Special Incidents of Sale on Approval and Sale or
Status: in_force

Return.

(1) Under a sale on approval unless otherwise agreed

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 205

(a) although the goods are identified to the contract the

risk of loss and the title do not pass to the buyer until

acceptance; and

(b) use of the goods consistent with the purpose of trial

is not acceptance but failure seasonably to notify the seller of

election to return the goods is acceptance, and if the goods conform

to the contract acceptance of any part is acceptance of the whole;

and

(c) after due notification of election to return, the

return is at the seller's risk and expense but a merchant buyer must

follow any reasonable instructions.

(2) Under a sale or return unless otherwise agreed

(a) the option to return extends to the whole or any

commercial unit of the goods while in substantially their original

condition, but must be exercised seasonably, and

(b) the return is at the buyer's risk and expense.
Okla. Stat. tit. 12A, § 12A-1-9-314A — OK Code / Title 12A / Section 12A-1-9-314A
Perfection by possession and control of chattel
Status: in_force

paper.

PERFECTION BY POSSESSION AND CONTROL OF CHATTEL PAPER

(a) A secured party may perfect a security interest in chattel

paper by taking possession of each authoritative tangible copy of

the record evidencing the chattel paper and obtaining control of

each authoritative electronic copy of the electronic record

evidencing the chattel paper.

(b) A security interest is perfected under subsection (a) of

this section not earlier than the time the secured party takes

possession and obtains control and remains perfected under

subsection (a) of this section only while the secured party retains

possession and control.

(c) Subsections (c) and (f) through (i) of Section 1-9-313 of

this title apply to perfection by possession of an authoritative

tangible copy of a record evidencing chattel paper.
Okla. Stat. tit. 12A, § 12A-2-324 — OK Code / Title 12A / Section 12A-2-324
"No Arrival, No Sale" Term
Status: in_force

Under a term "no arrival, no sale" or terms of like meaning,

unless otherwise agreed.

(a) the seller must properly ship conforming goods and if

they arrive by any means he must tender them on arrival but he

assumes no obligation that the goods will arrive unless he has

caused the nonarrival; and

(b) where without fault of the seller the goods are in

part lost or have so deteriorated as no longer to conform to the

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 204

contract or arrive after the contract time, the buyer may proceed as

if there had been casualty to identified goods (Section 2-613).
Okla. Stat. tit. 12, § 12-61 — OK Code / Title 12 / Section 12-61
Justification of surety
Status: in_force

A ministerial officer whose duty it is to take security in any

undertaking provided for by this Code or by other statutes shall

require the person offered as surety to make an affidavit of his

qualifications, which affidavit may be made before such officer, and

shall be endorsed upon or attached to the undertaking. The taking

of such an affidavit shall not exempt the officer from any liability

to which he might otherwise be subject for taking insufficient

security.

R.L. 1910, § 5342.
Okla. Stat. tit. 12, § 12-55 — OK Code / Title 12 / Section 12-55
Sheriff may adjourn court, when
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 43

If the judge of a court fail to attend at the time and place

appointed for holding his court, the sheriff shall have power to

adjourn the court, from day to day, until the regular or assigned

judge attend or a judge pro tempore be selected; but if the judge be

not present in his court, nor a judge be assigned or a judge pro

tempore be selected, within two (2) days after the first day of the

term, then the court shall stand adjourned for the term. The

sheriff shall exercise the powers and duties conferred and imposed

upon him by the statutes of this state and by the common law.

R.L. 1910, § 5338.
Okla. Stat. tit. 12A, § 12A-1-9-513 — OK Code / Title 12A / Section 12A-1-9-513
Termination statement
Status: in_force

TERMINATION STATEMENT

(a) A secured party shall cause the secured party of record for

a financing statement to file a termination statement for the

financing statement if the financing statement covers consumer goods

and:

(1) there is no obligation secured by the collateral covered by

the financing statement and no commitment to make an advance, incur

an obligation, or otherwise give value; or

(2) the debtor did not authorize the filing of the initial

financing statement.

(b) To comply with subsection (a) of this section, a secured

party shall cause the secured party of record to file the

termination statement:

(1) within one (1) month after there is no obligation secured

by the collateral covered by the financing statement and no

commitment to make an advance, incur an obligation, or otherwise

give value; or

(2) if earlier, within twenty (20) days after the secured party

receives a signed demand from a debtor.

(c) In cases not governed by subsection (a) of this section,

within twenty (20) days after a secured party receives a signed

demand from a debtor, the secured party shall cause the secured

party of record for a financing statement to send to the debtor a

termination statement for the financing statement or file the

termination statement in the filing office if:

(1) except in the case of a financing statement covering

accounts or chattel paper that has been sold or goods that are the

subject of a consignment, there is no obligation secured by the

collateral covered by the financing statement and no commitment to

make an advance, incur an obligation, or otherwise give value;

(2) the financing statement covers accounts or chattel paper

that has been sold but as to which the account debtor or other

person obligated has discharged its obligation;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 115

(3) the financing statement covers goods that were the subject

of a consignment to the debtor but are not in the debtor's

possession; or

(4) the debtor did not authorize the filing of the initial

financing statement.

(d) Except as otherwise provided in Section 1-9-510 of this

title, upon the filing of a termination statement with the filing

office, the financing statement to which the termination statement

relates ceases to be effective. Except as otherwise provided in

Section 1-9-510 of this title, for purposes of subsection (g) of

Section 1-9-519, subsection (a) of Section 1-9-522, and subsection

(c) of Section 1-9-523 of this title, the filing with the filing

office of a termination statement relating to a financing statement

that indicates that the debtor is a transmitting utility also causes

the effectiveness of the financing statement to lapse.
Okla. Stat. tit. 12A, § 12A-1-9-707 — OK Code / Title 12A / Section 12A-1-9-707
Persons entitled to file initial financing statement
Status: in_force

PERSONS ENTITLED TO FILE INITIAL FINANCING STATEMENT

(a) In this section, "pre-effective-date financing statement"

means a financing statement filed before this act takes effect.

(b) After this act takes effect, a person may add or delete

collateral covered by, continue or terminate the effectiveness of,

or otherwise amend the information provided in, a pre-effective-date

financing statement only in accordance with the law of the

jurisdiction governing perfection as provided in Part 3 of this

article of this title. However, the effectiveness of a pre-

effective-date financing statement also may be terminated in

accordance with the law of the jurisdiction in which the financing

statement is filed.

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

section, if the law of this state governs perfection of a security

interest, the information in a pre-effective-date financing

statement may be amended after this act takes effect only if:

(1) the pre-effective-date financing statement and an amendment

are filed in the office specified in Section 1-9-501 of this title;

(2) an amendment is filed in the office specified in Section 1-

9-501 of this title concurrently with, or after the filing in that

office of, an initial financing statement that satisfies subsection

(c) of Section 1-9-706 of this title; or

(3) an initial financing statement that provides the

information as amended and satisfies subsection (c) of Section 1-9-

706 of this title is filed in the office specified in Section 1-9-

501 of this title.

(d) If the law of this state governs perfection of a security

interest, the effectiveness of a pre-effective-date financing

statement may be continued only under subsections (d) and (f) of

Section 1-9-705 or Section 1-9-706 of this title.

(e) Whether or not the law of this state governs perfection of

a security interest, the effectiveness of a pre-effective-date

financing statement filed in this state may be terminated after this

act takes effect by filing a termination statement in the office in

which the pre-effective-date financing statement is filed, unless an

initial financing statement that satisfies subsection (c) of Section

1-9-706 of this title has been filed in the office specified by the

law of the jurisdiction governing perfection as provided in Part 3

of this article of this title as the office in which to file a

financing statement.
Okla. Stat. tit. 12, § 12-1084 — OK Code / Title 12 / Section 12-1084
Enforcement of contracts or obligations
Status: in_force

If a person who is either jointly or jointly and severally

liable on a contract or obligation dies before an action is brought

to enforce the contract or obligation and if the cause of action

survives, the decedent's estate may be joined as a party to an

action to enforce the contract or obligation.
Okla. Stat. tit. 12A, § 12A-1-9-320 — OK Code / Title 12A / Section 12A-1-9-320
Buyer of goods
Status: in_force

BUYER OF GOODS

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

section, a buyer in ordinary course of business, other than a person

buying farm products from a person engaged in farming operations,

takes free of a security interest created by the buyer’s seller,

even if the security interest is perfected and the buyer knows of

its existence.

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

section, a buyer of goods from a person who used or bought the goods

for use primarily for personal, family, or household purposes takes

free of a security interest, even if perfected, if the buyer buys:

(1) without knowledge of the security interest;

(2) for value;

(3) primarily for the buyer’s personal, family, or household

purposes; and

(4) before the filing of a financing statement covering the

goods.

(c) To the extent that it affects the priority of a security

interest over a buyer of goods under subsection (b) of this section,

the period of effectiveness of a filing made in the jurisdiction in

which the seller is located is governed by subsections (a) and (b)

of Section 1-9-316 of this title.

(d) A buyer in ordinary course of business buying oil, gas, or

other minerals at the wellhead or minehead or after extraction takes

free of an interest arising out of an encumbrance.

(e) Subsections (a) and (b) of this section do not affect a

security interest in goods in the possession of the secured party

under Section 1-9-313 of this title.
Okla. Stat. tit. 12, § 12-2505 — OK Code / Title 12 / Section 12-2505
Religious privilege
Status: in_force

A. As used in this section:

Oklahoma Statutes - Title 12. Civil Procedure Page 458

1. A "cleric" is a minister, priest, rabbi, accredited

Christian Science practitioner or other similar functionary of a

religious organization, or any individual reasonably believed to be

a cleric by the person consulting the cleric; and

2. A communication is "confidential" if made privately and not

intended for further disclosure except to other persons present in

furtherance of the purpose of the communication.

B. A person has a privilege to refuse to disclose and to

prevent another from disclosing his confidential communication made

to a clergyman acting in his professional capacity.

C. The privilege may be claimed by the person, by the person’s

guardian or conservator, or by the person’s personal representative

if the person is deceased. The cleric is presumed to have authority

to claim the privilege but only on behalf of the communicant.
Okla. Stat. tit. 12A, § 12A-3-112 — OK Code / Title 12A / Section 12A-3-112
Interest
Status: in_force

INTEREST

(a) Unless otherwise provided in the instrument, (i) an

instrument is not payable with interest, and (ii) interest on an

interest-bearing instrument is payable from the date of the

instrument.

(b) Interest may be stated in an instrument as a fixed or

variable amount of money or it may be expressed as a fixed or

variable rate or rates. The amount or rate of interest may be

stated or described in the instrument in any manner and may require

reference to information not contained in the instrument. If an

instrument provides for interest, but the amount of interest payable

cannot be ascertained from the description, interest is payable at

the judgment rate in effect at the place of payment of the

instrument and at the time interest first accrues.
Okla. Stat. tit. 12, § 12-1148.13 — OK Code / Title 12 / Section 12-1148.13
Codification
Status: in_force

This act shall be incorporated in Title 12, Oklahoma Statutes.
Okla. Stat. tit. 12, § 12-2511 — OK Code / Title 12 / Section 12-2511
Waiver of privilege by voluntary disclosure
Status: in_force

A person upon whom this Code confers a privilege against

disclosure waives the privilege if the person or the person’s

predecessor voluntarily discloses or consents to disclosure of any

significant part of the privileged matter. This section does not

apply if the disclosure itself is privileged.
Okla. Stat. tit. 12A, § 12A-1-9-209 — OK Code / Title 12A / Section 12A-1-9-209
Duties of secured party if account debtor has been
Status: in_force

notified of assignment.

DUTIES OF SECURED PARTY IF ACCOUNT

DEBTOR HAS BEEN NOTIFIED OF ASSIGNMENT

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

section, this section applies if:

(1) there is no outstanding secured obligation; and

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 49

(2) the secured party is not committed to make advances, incur

obligations, or otherwise give value.

(b) Within ten (10) days after receiving a signed demand by the

debtor, a secured party shall send to an account debtor that has

received notification under subsection (a) of Section 1-9-406 of

this title or subsection (b) of Section 12-106 of this title of an

assignment to the secured party as assignee a signed record that

releases the account debtor from any further obligation to the

secured party.

(c) This section does not apply to an assignment constituting

the sale of an account, chattel paper, or payment intangible.
Okla. Stat. tit. 12A, § 12A-8-202 — OK Code / Title 12A / Section 12A-8-202
Issuer's Responsibility and Defenses; Notice of Defect
Status: in_force

or Defense.

Issuer's Responsibility and Defenses; Notice of Defect or

Defense.

(a) Even against a purchaser for value and without notice, the

terms of a security include terms stated on the certificate and

terms made part of the security by reference on the certificate to

another instrument, indenture, or document or to a constitution,

statute, ordinance, rule, regulation, order, or the like, to the

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 436

extent the terms referred to do not conflict with terms stated on

the certificate. A reference under this subsection does not of

itself charge a purchaser for value with notice of a defect going to

the validity of the security, even if the certificate expressly

states that a person accepting it admits notice. The terms of an

uncertificated security include those stated in any instrument,

indenture, or document or in a constitution, statute, ordinance,

rule, regulation, order, or the like, pursuant to which the security

is issued.

(b) The following rules apply if an issuer asserts that a

security is not valid:

(1) A security other than one issued by a government or

governmental subdivision, agency, or instrumentality, even though

issued with a defect going to its validity, is valid in the hands of

a purchaser for value and without notice of the particular defect

unless the defect involves a violation of a constitutional

provision. In that case, the security is valid in the hands of a

purchaser for value and without notice of the defect, other than one

who takes by original issue.

(2) Paragraph (1) of this subsection applies to an issuer that

is a government or governmental subdivision, agency, or

instrumentality only if there has been substantial compliance with

the legal requirements governing the issue or the issuer has

received a substantial consideration for the issue as a whole or for

the particular security and a stated purpose of the issue is one for

which the issuer has power to borrow money or issue the security.

(c) Except as otherwise provided in Section 8-205 of this

title, lack of genuineness of a certificated security is a complete

defense, even against a purchaser for value and without notice.

(d) All other defenses of the issuer of a security, including

nondelivery and conditional delivery of a certificated security, are

ineffective against a purchaser for value who has taken the

certificated security without notice of the particular defense.

(e) This section does not affect the right of a party to cancel

a contract for a security "when, as and if issued" or "when

distributed" in the event of a material change in the character of

the security that is the subject of the contract or in the plan or

arrangement pursuant to which the security is to be issued or

distributed.

(f) If a security is held by a securities intermediary against

whom an entitlement holder has a security entitlement with respect

to the security, the issuer may not assert any defense that the

issuer could not assert if the entitlement holder held the security

directly.
Okla. Stat. tit. 12, § 12-1766 — OK Code / Title 12 / Section 12-1766
Citation - Codification
Status: in_force

This act shall be known as "The Small Claims Procedure Act," and

shall be incorporated in Title 12, Oklahoma Statutes.
Okla. Stat. tit. 12, § 12-991 — OK Code / Title 12 / Section 12-991
Right to perfect appeal to Supreme Court without filing
Status: in_force

motion for new trial - Exemption.

(a) The right of a party to perfect an appeal from a judgment,

order or decree of the trial court to the Supreme Court shall not be

conditioned upon his having filed in the trial court a motion for a

new trial, but in the event a motion for a new trial is filed in the

trial court by a party adversely affected by the judgment, order or

decree, no appeal to the Supreme Court may be taken until subsequent

to the ruling by the trial court on the motion for a new trial.

This provision shall not apply, however, to an appeal from an order

of the Corporation Commission.

(b) If a motion for a new trial be filed and a new trial be

denied, the movant may not, on the appeal, raise allegations of

error that were available to him at the time of the filing of his

motion for a new trial but were not therein asserted.
Okla. Stat. tit. 12A, § 12A-5-101 — OK Code / Title 12A / Section 12A-5-101
Short Title
Status: in_force

This article shall be known and may be cited as Uniform

Commercial Code - Letters of Credit.
Okla. Stat. tit. 12, § 12-1148.10A — OK Code / Title 12 / Section 12-1148.10A
Notice of writ - Filing of original - Execution of
Status: in_force

writ - Refusal to surrender possession - Assistance of law

enforcement - Appeal.

Oklahoma Statutes - Title 12. Civil Procedure Page 227

A. The plaintiff or agent of the plaintiff or officer shall

immediately notify the defendant in person or by posting of said

notice that the plaintiff or agent of the plaintiff or officer shall

return in forty-eight (48) hours to restore the plaintiff possession

of the premises by executing the writ prescribed in Section 1148.10

of this title and shall make levy to collect the amount of the

judgment and all accruing costs.

B. The original writ of execution issued as provided by Section

1148.10 of this title shall be filed in the action in the manner

provided for judgments in civil cases.

C. The plaintiff or agent of the plaintiff may execute the writ

upon the defendant by personally serving a certified copy of the

writ upon the defendant or upon a person authorized to receive

service of process as provided by Section 2004 of this title. If

the plaintiff or agent of the plaintiff is unable to personally

serve the defendant or a person authorized to receive service of

process as provided by Section 2004 of this title, the plaintiff or

agent of the plaintiff may post a notice in a conspicuous place at

the premises address that the plaintiff or agent of the plaintiff

shall return at a specified date and time, which shall be not less

than forty-eight (48) hours from the time of posting, to restore the

plaintiff to physical possession of the premises by executing the

writ prescribed in Section 1148.10 of this title.

D. Any person who wrongfully refuses to surrender physical

possession of the premises described in the writ of execution upon

service of the writ by the plaintiff or the agent of the plaintiff

shall, upon conviction, be deemed guilty of a trespass and may be

punished by a fine in an amount not to exceed Five Hundred Dollars

($500.00) or by confinement in the county jail for a period not to

exceed thirty (30) days or by both such fine and imprisonment.

E. The plaintiff or the agent of the plaintiff may summon

either the sheriff of the county or the law enforcement agency of

the city or town in which the premises are located for assistance in

executing the writ.

F. The plaintiff's, the agent of the plaintiff's, or the

officer's return shall be as upon other executions. Within two (2)

days of the date of the judgment, the defendant may post a

supersedeas bond conditioned as provided by law. This time limit

may be enlarged by a trial judge's order to not more than seven (7)

days after the date of judgment. The posting of a supersedeas bond

shall not be construed to relieve the defendant of his or her duty

to pay current rent as it becomes due while the appeal is pending.

The rent shall be paid into the court clerk's office together with

poundage. If there be controversy as to the amount of rent, the

judge shall determine by order how much shall be paid in what time

intervals. Withdrawal by the plaintiff of rent deposited in the

court clerk's office pending appeal shall not operate to estop him

Oklahoma Statutes - Title 12. Civil Procedure Page 228

or her from urging on appeal his or her right to the possession of

the premises. Failure to pay current rentals while the appeal is

pending shall be considered as abandonment of the appeal.Oklahoma Statutes - Title 12. Civil Procedure Page 17
Okla. Stat. tit. 12, § 12-706.3 — OK Code / Title 12 / Section 12-706.3
Additional cash deposits
Status: in_force

If during the appeal of a money judgment, money has been

deposited by the judgment debtor pursuant to Section 706.2 of this

title and the deposit has become insufficient, the judgment creditor

may request the trial court to order the deposit of additional cash.

The request shall be in the form of a written motion which shall

recite the facts which support the request.

If the court finds that the cash deposited is insufficient to

cover the whole amount of the judgment, including interest, costs,

and any attorneys fees, together with costs and interest on the

appeal, the court shall order the deposit of additional cash. If

the additional cash is not deposited within a reasonable time set by

the court, the judgment creditor may thereafter file a Statement of

Judgment, which shall create a lien effective upon its filing with

the county clerk as provided in Section 706 of this title, and may

enforce the judgment against the property of the judgment debtor

including the cash previously deposited with the court clerk.
Okla. Stat. tit. 12A, § 12A-2A-107 — OK Code / Title 12A / Section 12A-2A-107
Waiver or renunciation of claim or right after
Status: in_force

default.

WAIVER OR RENUNCIATION OF CLAIM OR RIGHT AFTER DEFAULT

Any claim or right arising out of an alleged default or breach

of warranty may be discharged in whole or in part without

consideration by a waiver or renunciation in a signed record

delivered by the aggrieved party.
Okla. Stat. tit. 12A, § 12A-1-205 — OK Code / Title 12A / Section 12A-1-205
Reasonable time - Seasonableness
Status: in_force

Reasonable Time; Seasonableness.

(a) Whether a time for taking an action required by the Uniform

Commercial Code is reasonable depends on the nature, purpose, and

circumstances of the action.

(b) An action is taken seasonably if it is taken at or within

the time agreed or, if no time is agreed, at or within a reasonable

time.
Okla. Stat. tit. 12, § 12-1382 — OK Code / Title 12 / Section 12-1382
Cause for injunction - Temporary injunction
Status: in_force

When it appears, by the petition, that the plaintiff is entitled

to the relief demanded, and such relief, or any part thereof,

consists in restraining the commission or continuance of some act,

the commission or continuance of which, during the litigation, would

produce injury to the plaintiff; or when, during the litigation, it

appears that the defendant is doing, or threatens, or is about to do

or is procuring or suffering to be done, some act in violation of

the plaintiff's rights respecting the subject of the action, and

tending to render the judgment ineffectual, a temporary injunction

may be granted to restrain such act. And when, during the pendency

of an action, it shall appear, by affidavit, that the defendant

threatens or is about to remove or dispose of his property with

intent to defraud his creditors, or to render the judgment

ineffectual, a temporary injunction may be granted to restrain such

removal or disposition. It may, also, be granted in any case where

it is specially authorized by statute.

R.L. 1910, § 4867.
Okla. Stat. tit. 12, § 12-858 — OK Code / Title 12 / Section 12-858
Reference
Status: in_force

The judge may, in his discretion, order a reference to a

referee, agreed upon or appointed by him, to report the evidence or

the facts.

R.L. 1910, § 5206.
Okla. Stat. tit. 12, § 12-1225 — OK Code / Title 12 / Section 12-1225
Duties of receiver
Status: in_force

Such receiver shall take possession of all notes, due bills,

books of account, accounts and all other evidences of debt that have

been taken, by the sheriff or other officer, as the property of the

defendant in attachment, and shall proceed to settle and collect the

same. For that purpose, he may commence and maintain actions in his

Oklahoma Statutes - Title 12. Civil Procedure Page 264

own name as such receiver; but in such actions no right of defense

shall be impaired or affected.

R.L. 1910, § 4846.
Okla. Stat. tit. 12A, § 12A-4-205 — OK Code / Title 12A / Section 12A-4-205
Depositary Bank Holder of Unindorsed Item
Status: in_force

DEPOSITARY BANK HOLDER OF UNINDORSED ITEM

If a customer delivers an item to a depositary bank for

collection:

(1) The depositary bank becomes a holder of the item at the

time it receives the item for collection if the customer at the time

of delivery was a holder of the item, whether or not the customer

indorses the item, and, if the bank satisfies the other requirements

of Section 3-302 of this title, it is a holder in due course; and

(2) The depositary bank warrants to collecting banks, the payor

bank or other payor, and the drawer that the amount of the item was

paid to the customer or deposited to the customer's account.
Okla. Stat. tit. 12A, § 12A-2A-511 — OK Code / Title 12A / Section 12A-2A-511
Merchant lessee's duties as to rightfully rejected
Status: in_force

goods.

MERCHANT LESSEE'S DUTIES AS TO

RIGHTFULLY REJECTED GOODS

(1) Subject to any security interest of a lessee (subsection

(5) of Section 55 of this act), if a lessor or a supplier has no

agent or place of business at the market of rejection, a merchant

lessee, after rejection of goods in his possession or control, shall

follow any reasonable instructions received from the lessor or the

supplier with respect to the goods. In the absence of those

instructions, a merchant lessee shall make reasonable efforts to

sell, lease, or otherwise dispose of the goods for the lessor's

account if they threaten to decline in value speedily. Instructions

are not reasonable if on demand indemnity for expenses is not

forthcoming.

(2) If a merchant lessee (subsection (1) of this section) or

any other lessee (Section 59 of this act) disposes of goods, he is

entitled to reimbursement either from the lessor or the supplier or

out of the proceeds for reasonable expenses of caring for and

disposing of the goods and, if the expenses include no disposition

commission, to such commission as is usual in the trade, or if there

is none, to a reasonable sum not exceeding ten percent (10%) of the

gross proceeds.

(3) In complying with this section or Section 59 of this act,

the lessee is held only to good faith. Good faith conduct hereunder

is neither acceptance or conversion nor the basis of an action for

damages.

(4) A purchaser who purchases in good faith from a lessee

pursuant to this section or Section 59 of this act takes the goods

free of any rights of the lessor and the supplier even though the

lessee fails to comply with one or more of the requirements of this

article.
Okla. Stat. tit. 12, § 12-2605 — OK Code / Title 12 / Section 12-2605
Competency of judge as witness
Status: in_force

The judge presiding at the trial shall not testify in that trial

as a witness. No objection need be made in order to preserve the

error.
Okla. Stat. tit. 12A, § 12A-1-9-339 — OK Code / Title 12A / Section 12A-1-9-339
Priority subject to subordination
Status: in_force

PRIORITY SUBJECT TO SUBORDINATION

This article does not preclude subordination by agreement by a

person entitled to priority.
Okla. Stat. tit. 12, § 12-1600.22 — OK Code / Title 12 / Section 12-1600.22
Renumbered as § 326 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12A, § 12A-4A-505 — OK Code / Title 12A / Section 12A-4A-505
Preclusion of Objection to Debit of Customer's
Status: in_force

Account.

PRECLUSION OF OBJECTION TO DEBIT OF CUSTOMER'S ACCOUNT

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 379

(a) If a receiving bank has received payment from its customer

with respect to a payment order issued in the name of the customer

as sender and accepted by the bank, and the customer received

notification reasonably identifying the order, the customer is

precluded from asserting that the bank is not entitled to retain the

payment unless the customer notifies the bank of the customer's

objection to the payment within (1) one year after the notification

was received by the customer.

(b) The one-year period provided for in subsection (a) of this

section may be reduced by agreement, but not to less than sixty (60)

days.
Okla. Stat. tit. 12, § 12-1148.2 — OK Code / Title 12 / Section 12-1148.2
Powers of court
Status: in_force

The court shall have power to inquire, in the manner hereinafter

directed, as well against those who make unlawful and forcible entry

into lands and tenements, and detain the same, as against those who,

having a lawful and peaceable entry into land or tenements,

unlawfully and by force hold the same, and if it be found, upon such

inquiry, that an unlawful and forcible entry has been made, and that

the same lands and tenements are held unlawfully, then the court

shall cause the party complaining to have restitution thereof.
Okla. Stat. tit. 12A, § 12A-2-603 — OK Code / Title 12A / Section 12A-2-603
Merchant Buyer's Duties as to Rightfully Rejected
Status: in_force

Goods.

(1) Subject to any security interest in the buyer (subsection

(3) of Section 2-711), when the seller has no agent or place of

business at the market of rejection a merchant buyer is under a duty

after rejection of goods in his possession or control to follow any

reasonable instructions received from the seller with respect to the

goods and in the absence of such instructions to make reasonable

efforts to sell them for the seller's account if they are perishable

or threaten to decline in value speedily. Instructions are not

reasonable if on demand indemnity for expenses is not forthcoming.

(2) When the buyer sells goods under subsection (1), he is

entitled to reimbursement from the seller or out of the proceeds for

reasonable expenses of caring for and selling them, and if the

expenses include no selling commission then to such commission as is

usual in the trade or if there is none to a reasonable sum not

exceeding ten percent (10%) on the gross proceeds.

(3) In complying with this section the buyer is held only to

good faith and good faith conduct hereunder is neither acceptance

nor conversion nor the basis of an action for damages.
Okla. Stat. tit. 12, § 12-1532 — OK Code / Title 12 / Section 12-1532
Grounds for action in the nature of quo warranto
Status: in_force

Such action may be brought in the Supreme Court or in the

district court, in the following cases:

1st, When any person shall usurp, intrude into, or unlawfully

hold or exercise any public office, or shall claim any franchise

within this state or any office in any corporation created by

authority of this state;

2nd, Whenever any public officer shall have done or suffered any

act which, by the provisions of law, shall work a forfeiture of his

office;

3rd, When any association or number of persons shall act within

this state as a corporation without being legally incorporated;

4th, When any corporation does or admits acts which amount to a

surrender or a forfeiture of its rights and privileges as a

corporation, or when any corporation abuses its power or

intentionally exercises powers not conferred by law;

5th, Where any corporation claims, by virtue of a congressional

grant, any of the public lands or Indian lands to which the Indian

title or right of occupancy has been extinguished;

6th, For any other cause for which a remedy might have been

heretofore obtained by writ of quo warranto, or information in the

nature of quo warranto.

R.L. 1910, § 4920.
Okla. Stat. tit. 12, § 12-83 — OK Code / Title 12 / Section 12-83
Conserving monies obtained for or on behalf of persons
Status: in_force

under eighteen years of age in court proceedings.

A. Monies recovered in any court proceeding by a next friend or

guardian ad litem for or on behalf of a person who is less than

eighteen (18) years of age in excess of Twenty-five Thousand Dollars

($25,000.00) over sums sufficient for paying costs and expenses

including medical bills and attorney fees shall be deposited, by

order of the court, in one or more federally insured banking, credit

union or savings and loan institutions, a trust established for the

person approved by the court, or invested by a bank or trust company

having trust powers under federal or state law, approved by the

court; provided, that the court may approve a structured settlement,

by the terms of which the proceeds of a settlement may be invested

by the plaintiff or the defendant in an annuity to be paid to or for

the benefit of the minor by an insurance company licensed in this

state. If authorized by the court at the request of the next friend

or guardian ad litem, all or a portion of the recovered monies may

Oklahoma Statutes - Title 12. Civil Procedure Page 48

be deposited in an account pursuant to the Oklahoma College Savings

Plan Act with the minor designated as beneficiary of the account.

B. A minor’s parent or guardian may enter into a settlement

agreement outside of a court proceeding with a person against whom

the minor has a claim if a guardian ad litem, guardian, or

conservator has not been appointed for the minor, and the total

amount of the settlement proceeds is greater than One Thousand Five

Hundred Dollars ($1,500.00) and less than or equal to Twenty-five

Thousand Dollars ($25,000.00), after reduction from the total

settlement amount of all medical expenses, medical liens, all other

liens, and reasonable attorney fees and costs. Monies recovered

from such a settlement shall be deposited by the parent or guardian

in a savings account that accrues interest at one or more federally

insured banking, credit union, or savings and loan institutions; in

a trust established for the minor by a bank or trust company having

trust powers under state or federal law; or into a structured

settlement by the terms of which the proceeds of the settlement may

be invested in an annuity to be paid to or for the benefit of the

minor by an insurance company licensed in this state. All or a

portion of the recovered monies may also be deposited in an account

pursuant to the Oklahoma College Savings Plan Act with the minor

designated as the sole beneficiary of the account.

The parent or guardian acting on behalf of the person who is

less than eighteen (18) years of age shall complete an affidavit or

verified statement in conformity with this section. The parent or

guardian entering into the settlement agreement on behalf of the

minor shall retain a copy of the affidavit or verified statement for

the minor until the minor reaches the age of majority. If the minor

is represented by counsel, the attorney shall also retain in the

attorney file a copy of the affidavit or verified statement until

one (1) year after the minor attains eighteen (18) years of age.

Any federally insured banking, credit union, or savings and loan

institution receiving the monies for deposit shall complete a

receipt of deposit signed by an officer of the bank, credit union,

or savings and loan institution in conformity with subsection J of

this section. A federally insured banking, credit union, or savings

and loan institution may accept the affidavit without further

investigation and the bank, credit union, or savings and loan

institution shall not be liable to the minor or parent or guardian

provided the account is administered as set forth in the affidavit

and receipt of deposit provided for in this section.

C. Until the minor becomes eighteen (18) years of age,

withdrawals of monies from the account or accounts shall be solely

pursuant to order of the court made in the case in which recovery

was had, or by filing an action if no case had previously been

filed, or upon the minor’s death. The district court shall have

jurisdiction over such action.

Oklahoma Statutes - Title 12. Civil Procedure Page 49

D. When an application for the order is made by a person who is

not represented by an attorney, the judge of the court shall prepare

the order.

E. If a legal guardian has been appointed for the minor prior

to any award of monies pursuant to this section, the legal guardian

may petition the district court in the county where the federally

insured funds are held for an order directing the bank, credit union

or savings and loan to transfer the funds to the legal guardian.

The district court may make the granting of the request to transfer

funds subject to reasonable safeguards.

F. If a settlement agreement is entered into in compliance with

subsection B of this section, the signature of the parent or

guardian entering into the settlement agreement on behalf of the

minor is binding on the minor without the need for court approval or

review and has the same force and effect as if the minor were a

competent adult entering into the settlement agreement.

G. A person acting in good faith on behalf of a minor pursuant

to subsection B of this section shall not be liable to the minor for

the monies paid in the settlement or for any other claim arising out

of the settlement.

H. Any person or entity against whom a minor has a claim that

settles the claim with a minor in good faith under this section

shall not be liable to the minor or the minor’s parent or guardian

for any claims arising from the settlement of the claim.

I. The minor’s parent or guardian shall complete an affidavit

or verified statement in substantial conformity with the applicable

provisions as follows:

"I, [Name of Affiant], being of lawful age and after being duly

sworn upon oath, state as follows:

1. I am the parent or guardian of [Name of minor child] ("XX"),

a minor child.

2. XX’s date of birth is MM-DD-YYYY.

3. [Briefly state when, where, and how the incident in question

occurred.]

4. [Briefly state how minor was injured in the incident,

describe his or her injuries, medical care received, if any, and how

they are doing today.]

5. As a result of the injuries sustained by XX in the incident

in question, I, individually and on behalf of XX, a minor, agreed to

settle the claims of XX against [Name of tortfeasor(s)], with their

insurer, [if any, provide the name of Third-Party Liability

Insurance Carrier(s)], in the amount of $XXXX; and with my UM/UIM

insurer, [if any, provide the name of First-Party-Liability

Insurance Carrier(s)], in the amount of $XXXX, [add additional

tortfeasor or first-party coverages where applicable] for a total

settlement in the amount of $XXXX.

Oklahoma Statutes - Title 12. Civil Procedure Page 50

6. I understand that all medical expenses, liens and

subrogation claims must be paid from the settlement: [List all

outstanding medical expenses, liens and subrogation providers and

the amounts.]

7. I understand that I (or another parent or guardian of the

minor) may be reimbursed from the settlement for medical expenses

that I or we have paid for the care or treatment of XX as a result

of injuries incurred by XX due to the subject incident as follows:

[List all relevant medical expenses of XX, paid for by a parent or

guardian, for which reimbursement is sought from the settlement.]

8. I understand that $XXXX will be paid from the settlement to

[Name of Firm/Attorney, if any] for attorney fees and costs in

securing the settlement pursuant to my contract with [Name of

Firm/Attorney].

9. I understand that pursuant to subsection B of Section 83 of

Title 12 of the Oklahoma Statutes, the net of XX’s settlement in the

amount of $XXXX must be deposited in a savings account that accrues

interest at one or more federally insured banking, credit union or

savings and loan institutions; in a trust established for XX, by a

bank or trust company having trust powers under state or federal

law; or into a structured settlement, by the terms of which the

proceeds of a settlement may be invested in an annuity to be paid to

or for the benefit of XX by an insurance company licensed in this

state. All or a portion of the recovered monies may be deposited in

an account pursuant to the Oklahoma College Savings Plan Act with XX

designated as a beneficiary of the account.

10. I understand that such funds may not be withdrawn, removed,

paid out, or transferred to anyone until XX is eighteen (18) years

of age, except pursuant to court order or upon the minor’s death.

When the minor XX reaches the age of eighteen (18) years, the funds

may be withdrawn, removed, paid out or transferred by the minor

without a court order.

11. I understand that I must deposit the funds, secure a

Receipt of Deposit from the bank, and if I am represented, to return

the Receipt of Deposit to my attorney. I must also advise the minor

of the settlement and the location of the settlement funds as soon

as the minor has the ability to understand its existence and at the

time the minor reaches eighteen (18) years of age.

12. I understand that should I not settle this matter on behalf

of the minor, I have the right to ask for a jury trial in this

matter, and that a jury may have awarded more, less, or the same

amount, but by settling XX’s claims, I am giving up this right to a

jury trial.

13. I understand that should I not settle this matter, or

pursue a jury trial on behalf of XX, XX would alternatively have a

right to bring a cause of action against [Name of Tortfeasor(s)]

within the one (1) year between XX’s 18th and 19th birthdays;

Oklahoma Statutes - Title 12. Civil Procedure Page 51

however, by settling this matter at this time on XX’s behalf, I am

waiving his or her right to bring a cause of action at that time,

and relatedly his or her opportunity to obtain a verdict through

jury trial.

14. I understand that by settling XX’s claims, whether for

already known or later-discovered additional injuries from the

subject incident and/or if XX requires future medical care, I will

not be able to open this claim or bring any future cause of action

against [Name of Tortfeasor(s) or their insurer(s)], [Name of

Insurance Carrier, if any], to request additional sums of money.

15. I believe this is a fair and reasonable settlement of XX’s

claim: that to the best of my knowledge the minor will be fully

compensated by the settlement, or there is no practical way to

obtain additional amounts from the other party/parties entering into

the settlement agreement.

16. I believe this settlement is in the best interests of XX.

17. I understand that this settlement is full and final; I have

not been coerced, pressured, or threatened into entering this

settlement in any way.

FURTHER AFFIANT SAYETH NOT.

______________________________

[Name of Affiant]

[Address of Affiant]

[Phone Number of Affiant]

I state under penalty of perjury under the laws of Oklahoma that the

foregoing is true and correct.

______________ ____________________________________________

Date Signature of Parent or Legal Guardian of XX

Approved as to form and content by:

[Attorney Name, if any]"

J. Any federally insured banking, credit union, or savings and

loan institution receiving the monies for deposit shall complete a

receipt of deposit referenced herein in conformity with the

following:

"RECEIPT OF DEPOSIT

The undersigned, an Officer of [Name of Bank], does hereby

acknowledge receipt of the Affidavit of [Name of Affiant], and that

$XXXXX was deposited for the benefit of the minor, XX.

It is understood that the funds so deposited, pursuant to provisions

under Section 83 of Title 12 of the Oklahoma Statutes, may not be

withdrawn, removed, paid out, or transferred by anyone until XX is

eighteen (18) years of age, except pursuant to court order or upon

the minor.3s death.

Oklahoma Statutes - Title 12. Civil Procedure Page 52

When XX reaches the age of eighteen (18) years of age, the funds may

be withdrawn, removed, paid out, or transferred by XX without court

order.

BY:

_______________________

______

Signature

_____________________________

Printed Name

_____________________________

Title

Subscribed and sworn to before me this ________ day of ___________,

20 .

_____________________________

Notary Public

My Commission Expires:

__________________________"
Okla. Stat. tit. 12A, § 12A-15-114 — OK Code / Title 12A / Section 12A-15-114
Automated transaction
Status: in_force

AUTOMATED TRANSACTION

In an automated transaction, the following rules apply:

(1) A contract may be formed by the interaction of electronic

agents of the parties, even if no individual was aware of or

reviewed the electronic agents’ actions or the resulting terms and

agreements.

(2) A contract may be formed by the interaction of an

electronic agent and an individual, acting on the individual’s own

behalf or for another person, including by an interaction in which

the individual performs actions that the individual is free to

refuse to perform and which the individual knows or has reason to

know will cause the electronic agent to complete the transaction or

performance.

(3) The terms of the contract are determined by the substantive

law applicable to it.
Okla. Stat. tit. 12A, § 12A-8-511 — OK Code / Title 12A / Section 12A-8-511
Priority Among Security Interests and Entitlement
Status: in_force

Holders.

Priority Among Security Interests and Entitlement Holders.

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

this section, if a securities intermediary does not have sufficient

interests in a particular financial asset to satisfy both its

obligations to entitlement holders who have security entitlements to

that financial asset and its obligation to a creditor of the

securities intermediary who has a security interest in that

financial asset, the claims of entitlement holders, other than the

creditor, have priority over the claim of the creditor.

(b) A claim of a creditor of a securities intermediary who has

a security interest in a financial asset held by a securities

intermediary has priority over claims of the securities

intermediary's entitlement holders who have security entitlements

with respect to that financial asset if the creditor has control

over the financial asset.

(c) If a clearing corporation does not have sufficient

financial assets to satisfy both its obligations to entitlement

holders who have security entitlements with respect to a financial

asset and its obligation to a creditor of the clearing corporation

who has a security interest in that financial asset, the claim of

the creditor has priority over the claims of entitlement holders.
Okla. Stat. tit. 12A, § 12A-2-504 — OK Code / Title 12A / Section 12A-2-504
Shipment by Seller
Status: in_force

Where the seller is required or authorized to send the goods to

the buyer and the contract does not require him to deliver them at a

particular destination, then unless otherwise agreed he must

(a) put the goods in the possession of such a carrier and

make such a contract for their transportation as may be reasonable

having regard to the nature of the goods and other circumstances of

the case; and

(b) obtain and promptly deliver or tender in due form any

document necessary to enable the buyer to obtain possession of the

goods or otherwise required by the agreement or by usage of trade;

and

(c) promptly notify the buyer of the shipment. Failure to

notify the buyer under paragraph (c) or to make a proper contract

under paragraph (a) is a ground for rejection only if material delay

or loss ensues.
Okla. Stat. tit. 12, § 12-813 — OK Code / Title 12 / Section 12-813
Action for refusal to pay over money - Amount liable for
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 161

When the cause of action provided for in Section 811 or 812 of

this title is for refusing to pay over money collected, the sheriff

or other officer or court clerk shall not be liable for a greater

sum than the amount so withheld.

R.L. 1910, § 5182. Amended by Laws 1990, c. 185, § 3, eff. Sept. 1,

1990.
Okla. Stat. tit. 12A, § 12A-4-301 — OK Code / Title 12A / Section 12A-4-301
Deferred Posting; Recovery of Payment by Return of
Status: in_force

Items; Time of Dishonor; Return of Items by Payor Bank.

DEFERRED POSTING; RECOVERY OF PAYMENT BY RETURN OF ITEMS;

TIME OF DISHONOR; RETURN OF ITEMS BY PAYOR BANK

(a) If a payor bank settles for a demand item other than a

documentary draft presented otherwise than for immediate payment

over the counter before midnight of the banking day of receipt, the

payor bank may revoke the settlement and recover the settlement if,

before it has made final payment and before its midnight deadline,

it:

(1) Returns the item;

(2) Returns an image of the item, if the party to which

the return is made has entered into an agreement to

accept an image as a return of the item and the image

is returned in accordance with that agreement; or

(3) Sends a record providing notice of dishonor or

nonpayment if the item is unavailable for return.

(b) If a demand item is received by a payor bank for credit on

its books, it may return the item or send notice of dishonor and may

revoke any credit given or recover the amount thereof withdrawn by

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 346

its customer, if it acts within the time limit and in the manner

specified in subsection (a) of this section.

(c) Unless previous notice of dishonor has been sent an item is

dishonored at the time when for purposes of dishonor it is returned

or notice sent in accordance with this section.

(d) An item is returned:

(1) As to an item presented through a clearing-house, when

it is delivered to the presenting or last collecting

bank or to the clearing-house or is sent or delivered

in accordance with clearing-house rules; or

(2) In all other cases, when it is sent or delivered to

the bank's customer or transferor or pursuant to

instructions.
Okla. Stat. tit. 12, § 12-1821 — OK Code / Title 12 / Section 12-1821
Short title
Status: in_force

This act shall be known and may be cited as the "District Court

Mediation Act".
Okla. Stat. tit. 12, § 12-591 — OK Code / Title 12 / Section 12-591
Waiver of jury
Status: in_force

The trial by jury may be waived by the parties, in actions

arising on contract, and with the assent of the court in other

actions, in the following manner: By the consent of the party

appearing, when the other party fails to appear at the trial by

himself or attorney. By written consent, in person or by attorney,

filed with the clerk. By oral consent, in open court, entered on

the journal.

R.L. 1910, § 5016.
Okla. Stat. tit. 12A, § 12A-7-301 — OK Code / Title 12A / Section 12A-7-301
Liability for nonreceipt or misdescription - "Said to
Status: in_force

contain" - "Shipper's load and count" - Improper handling.

Liability for Nonreceipt or Misdescription; "Said to Contain";

"Shipper's Load and Count"; Improper Handling.

(a) A consignee of a nonnegotiable bill of lading which has

given value in good faith, or a holder to which a negotiable bill

has been duly negotiated, relying upon the description of the goods

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 407

in the bill or upon the date shown in the bill, may recover from the

issuer damages caused by the misdating of the bill or the nonreceipt

or misdescription of the goods, except to the extent that the bill

indicates that the issuer does not know whether any part or all of

the goods in fact were received or conform to the description, such

as in a case in which the description is in terms of marks or labels

or kind, quantity, or condition or the receipt or description is

qualified by "contents or condition of contents of packages

unknown", "said to contain", "shipper's weight, load and count" or

words of similar import, if such indication is true.

(b) If goods are loaded by an issuer of a bill of lading:

(1) the issuer shall count the packages of goods if shipped in

packages and ascertain the kind and quantity if shipped in bulk

freight; and

(2) words such as "shipper's weight, load and count" or words

of similar import indicating that the description was made by the

shipper are ineffective except as to goods concealed by packages.

(c) If bulk goods are loaded by a shipper that makes available

to the issuer of a bill of lading adequate facilities for weighing

those goods, the issuer shall ascertain the kind and quantity within

a reasonable time after receiving the shipper’s request in a record

to do so. In that case, "shipper's weight" or words of similar

import are ineffective.

(d) The issuer of a bill of lading, by including in the bill

the words "shipper's weight, load and count" or words of similar

import may indicate that the goods were loaded by the shipper, and,

if that statement is true, the issuer shall not be liable for

damages caused by the improper loading. However, omission of such

words does not imply liability for such damages caused by improper

loading.

(e) A shipper guarantees to an issuer the accuracy at the time

of shipment of the description, marks, labels, number, kind,

quantity, condition and weight, as furnished by the shipper, and the

shipper shall indemnify the issuer against damage caused by

inaccuracies in those particulars. This right of indemnity does not

limit the issuer’s responsibility and liability under the contract

of carriage to any person other than the shipper.
Okla. Stat. tit. 12A, § 12A-1-9-511 — OK Code / Title 12A / Section 12A-1-9-511
Secured party of record
Status: in_force

SECURED PARTY OF RECORD

(a) A secured party of record with respect to a financing

statement is a person whose name is provided as the name of the

secured party or a representative of the secured party in an initial

financing statement that has been filed. If an initial financing

statement is filed under subsection (a) of Section 1-9-514 of this

title, the assignee named in the initial financing statement is the

secured party of record with respect to the financing statement.

(b) If an amendment of a financing statement which provides the

name of a person as a secured party or a representative of a secured

party is filed, the person named in the amendment is a secured party

of record. If an amendment is filed under subsection (b) of Section

1-9-514 of this title, the assignee named in the amendment is a

secured party of record.

(c) A person remains a secured party of record until the filing

of an amendment of the financing statement which deletes the person.
Okla. Stat. tit. 12, § 12-3231 — OK Code / Title 12 / Section 12-3231
Depositions upon written questions
Status: in_force

A. SERVING QUESTIONS; NOTICE. After commencement of the

action, any party to the action may take the testimony of any

person, including an opposing party, by deposition upon written

questions. The attendance of witnesses may be compelled by the use

of a subpoena. The deposition of a person confined in prison may be

taken only by leave of court on such terms as the court prescribes.

A party desiring to take a deposition upon written questions

shall serve them upon every other party with a notice stating:

1. The name and address of the person who is to answer them, if

known, and if the name is not known, a general description

sufficient to identify him or the particular class or group to which

he belongs; and

2. The name or descriptive title and address of the officer

before whom the deposition is to be taken.

A deposition upon written questions may be taken of a public or

private corporation or a partnership or association or governmental

agency in accordance with the provisions of paragraph 6 of

subsection C of Section 3230 of this title.

Within thirty (30) days after the notice and written questions

are served, a party may serve cross questions upon all other

parties. Within ten (10) days after being served with cross

questions, a party may serve redirect questions upon all other

parties. Within ten (10) days after being served with redirect

questions, a party may serve recross questions upon all other

parties. The court may for cause shown enlarge or shorten the time.

B. OFFICER TO TAKE RESPONSES AND PREPARE RECORD. A copy of the

notice and copies of all questions served shall be delivered by the

party taking the deposition to the officer designated in the notice.

The officer shall proceed promptly, in the manner provided by

subsections D, F and G of Section 3230 of this title, to take the

testimony of the witness in response to the questions and to

prepare, certify and file or mail the deposition as provided in

subsection G of Section 3230 of this title, attaching thereto the

copy of the notice and the questions received by him.

Oklahoma Statutes - Title 12. Civil Procedure Page 523

C. NOTICE OF FILING. When the deposition is filed the party

taking it shall promptly give notice thereof to all other parties.

D. COSTS OF TRANSCRIPTION OF DEPOSITION. Cost of the

transcription, fees of the sheriff and witness fees shall be taxed

as provided in subsection J of Section 3230 of this title.
Okla. Stat. tit. 12, § 12-1759 — OK Code / Title 12 / Section 12-1759
Claim, counterclaim, or setoff maximum dollar value
Status: in_force

A. Except as provided by subsection C of this section, if a

claim, a counterclaim, or a setoff is filed, prior to the expiration

of the time prescribed by Section 1758 of this title, for an amount

in excess of Ten Thousand Dollars ($10,000.00), the action shall be

transferred to another docket of the district court unless both

parties agree in writing and file the agreement with the papers in

the action that the claim, counterclaim, or setoff shall be tried

under the small claims procedure. If such an agreement has not been

filed, a judgment in excess of Ten Thousand Dollars ($10,000.00) may

not be enforced for the part that exceeds Ten Thousand Dollars

($10.000.00). If the action is transferred to another docket of the

district court, the person whose claim exceeded Ten Thousand Dollars

($10,000.00) shall deposit with the clerk the court costs that are

charged in other cases, less any sums that have been already paid to

the clerk, or the claim shall be dismissed and the remaining claims,

if any, shall proceed under the small claims procedure.

B. If the action is transferred to another docket of the

district court, the plaintiff shall file a petition that conforms to

Oklahoma Statutes - Title 12. Civil Procedure Page 336

the standards for pleadings prescribed by the Oklahoma Pleading

Code, Section 2001 et seq. of this title, within twenty (20) days

from the timely filing of the claim, counterclaim, or setoff. The

answer of the defendant shall be due within twenty (20) days after

the filing of the petition.

C. Except as provided by Section 1757 of this title, if a

defendant does not file a counterclaim within the period prescribed

by Section 1758 of this title, the action shall not be transferred

to another docket of the district court.
Okla. Stat. tit. 12A, § 12A-2-101 — OK Code / Title 12A / Section 12A-2-101
Short Title
Status: in_force

This article shall be known and may be cited as Uniform

Commercial Code-Sales.
Okla. Stat. tit. 12A, § 12A-4-101 — OK Code / Title 12A / Section 12A-4-101
Short Title
Status: in_force

SHORT TITLE

This article may be cited as Uniform Commercial Code - Bank

Deposits and Collections.
Okla. Stat. tit. 12, § 12-1242 — OK Code / Title 12 / Section 12-1242
Affidavits and evidence in opposition to motion
Status: in_force

If the motion be made upon affidavits, on the part of the

defendant, or papers and evidence in the case, but not otherwise,

the plaintiff may oppose the same by affidavits or other evidence,

in addition to that on which the order of attachment was made.

R.L. 1910, § 4863.
Okla. Stat. tit. 12, § 12-113 — OK Code / Title 12 / Section 12-113
"Person" defined
Status: in_force

As used in this act, the term "person" shall mean an individual,

corporation, partnership, business trust, unincorporated

organization, association or joint stock company.
Okla. Stat. tit. 12A, § 12A-1-9-605 — OK Code / Title 12A / Section 12A-1-9-605
Unknown debtor or secondary obligor
Status: in_force

UNKNOWN DEBTOR OR SECONDARY OBLIGOR

(a) Except as provided in subsection (b) of this section, a

secured party does not owe a duty based on 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.

(b) A secured party owes a duty based on its status as 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 (a) 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. 12, § 12-2606 — OK Code / Title 12 / Section 12-2606
Competency of juror as witness
Status: in_force

A. A member of the jury shall not testify as a witness before

that jury in the trial of the case in which the juror is sitting.

If the juror is called to testify, the opposing party shall be

afforded an opportunity to object out of the presence of the jury.

B. Upon an inquiry into the validity of a verdict or

indictment, a juror shall not testify as to any matter or statement

occurring during the course of the jury's deliberations or as to the

effect of anything upon the juror’s mind or another juror's mind or

emotions as influencing the juror to assent to or dissent from the

verdict or indictment or concerning the juror’s mental processes

during deliberations. A juror may testify on the question whether

extraneous prejudicial information was improperly brought to the

jury's attention or whether any outside influence was improperly

brought to bear upon any juror. An affidavit or evidence of any

statement by the juror concerning a matter about which the juror

would be precluded from testifying shall not be received for these

purposes.
Okla. Stat. tit. 12A, § 12A-2-328 — OK Code / Title 12A / Section 12A-2-328
Sale by Auction
Status: reserved

(1) In a sale by auction if goods are put up in lots each lot is

the subject of a separate sale.

(2) A sale by auction is complete when the auctioneer so

announces by the fall of the hammer or in other customary manner.

Where a bid is made while the hammer is falling in acceptance of a

prior bid the auctioneer may in his discretion reopen the bidding or

declare the goods sold under the bid on which the hammer was

falling.

(3) Such a sale is with reserve unless the goods are in explicit

terms put up without reserve. In an auction with reserve the

auctioneer may withdraw the goods at any time until he announces

completion of the sale. In an auction without reserve, after the

auctioneer calls for bids on an article or lot, that article or lot

cannot be withdrawn unless no bid is made within a reasonable time.

In either case a bidder may retract his bid until the auctioneer's

announcement of completion of the sale, but a bidder's retraction

does not revive any previous bid.

(4) If the auctioneer knowingly receives a bid on the seller's

behalf or the seller makes or procures such a bid, and notice has

not been given that liberty for such bidding is reserved, the buyer

may at his option avoid the sale or take the goods at the price of

the last good faith bid prior to the completion of the sale. This

subsection shall not apply to any bid at a forced sale.
Okla. Stat. tit. 12, § 12-2019 — OK Code / Title 12 / Section 12-2019
Joinder of persons needed for just adjudication
Status: in_force

JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION

A. PERSONS TO BE JOINED IF FEASIBLE. A person who is subject

to service of process shall be joined as a party in the action if:

1. In his absence complete relief cannot be accorded among

those already parties; or

2. He claims an interest relating to the subject of the action

and is so situated that the disposition of the action in his absence

may:

a. as a practical matter, impair or impede his ability to

protect that interest, or

b. leave any of the persons already parties subject to a

substantial risk of incurring double, multiple, or

otherwise inconsistent obligations by reason of his

claimed interest.

If he has not been so joined, the court shall order that he be made

a party. If he should join as a plaintiff but refuses to do so, he

may be made a defendant or, in a proper case, an involuntary

plaintiff.

B. DETERMINATION BY COURT WHENEVER JOINDER NOT FEASIBLE. If a

person as described in paragraphs 1 and 2 of subsection A of this

section cannot be made a party, the court shall determine whether in

equity and good conscience the action should proceed among the

parties before it, or should be dismissed, the absent person being

thus regarded as indispensable. The factors to be considered by the

court include:

Oklahoma Statutes - Title 12. Civil Procedure Page 417

1. To what extent a judgment rendered in the person's absence

might be prejudicial to him or those already parties;

2. The extent to which, by protective provisions in the

judgment, by the shaping of relief, or other measures, the prejudice

can be lessened or avoided;

3. Whether a judgment rendered in the person's absence will be

adequate; and

4. Whether the plaintiff will have an adequate remedy if the

action is dismissed for nonjoinder.

C. PLEADING REASONS FOR NONJOINDER. A pleading asserting a

claim for relief shall state the names, if known to the pleader, of

any persons as described in paragraphs 1 and 2 of subsection A of

this section who are not joined and the reasons why they are not

joined.

D. EXCEPTION OF CLASS ACTIONS. This section is subject to the

provisions of Section 23 of this act.
Okla. Stat. tit. 12, § 12-621 — OK Code / Title 12 / Section 12-621
Notice before filing report
Status: in_force

The referee must give at least four (4) days written notice to

each attorney of record in the action that he will file his report

with the clerk of the court on a day certain.
Okla. Stat. tit. 12A, § 12A-2-204 — OK Code / Title 12A / Section 12A-2-204
Formation in General
Status: in_force

(1) A contract for sale of goods may be made in any manner

sufficient to show agreement, including conduct by both parties

which recognizes the existence of such a contract.

(2) An agreement sufficient to constitute a contract for sale

may be found even though the moment of its making is undetermined.

(3) Even though one or more terms are left open a contract for

sale does not fail for indefiniteness if the parties have intended

to make a contract and there is a reasonably certain basis for

giving an appropriate remedy.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 191
Okla. Stat. tit. 12, § 12-1780 — OK Code / Title 12 / Section 12-1780
Trial time limits
Status: in_force

A. 1. Each side shall be allowed no more than eight (8) hours

to complete jury selection, opening statements, presentation of

evidence, examination and cross-examination of witnesses, and

closing arguments. On motion and a showing of good cause by any

party, the court may extend the time limit to no more than twelve

(12) hours per side.

2. For purposes of this subsection, “side” means one or more

litigants who have common interests on the matters with which the

Oklahoma Statutes - Title 12. Civil Procedure Page 343

jury is concerned, and is not synonymous with “party”, “litigant”,

or “person”.

B. Time spent on objections, bench conferences, bills of

exception, and challenges for cause to a juror shall not be included

in the time limit set forth in subsection A of this section.
Okla. Stat. tit. 12A, § 12A-1-9-802 — OK Code / Title 12A / Section 12A-1-9-802
Savings clause
Status: in_force

SAVINGS CLAUSE

(a) Except as otherwise provided in this part, this act applies

to a transaction or lien within its scope, even if the transaction

or lien was entered into or created before November 1, 2015.

(b) This act does not affect an action, case, or proceeding

commenced before November 1, 2015.
Okla. Stat. tit. 12A, § 12A-3-311 — OK Code / Title 12A / Section 12A-3-311
Accord and Satisfaction by Use of Instrument
Status: in_force

ACCORD AND SATISFACTION BY USE OF INSTRUMENT

(a) If a person against whom a claim is asserted proves that

(i)

that person in good faith tendered an instrument to the claimant as

full satisfaction of the claim, (ii) the amount of the claim was

unliquidated or subject to a bona fide dispute, and (iii) the

claimant obtained payment of the instrument, the following

subsections apply.

(b) Unless subsection (c) of this section applies, the claim is

discharged if the person against whom the claim is asserted proves

that the instrument or an accompanying written communication

contained a conspicuous statement to the effect that the instrument

was tendered as full satisfaction of the claim.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 304

(c) Subject to subsection (d) of this section, a claim is not

discharged under subsection (b) of this section if either of the

following applies:

(1) The claimant, if an organization, proves that (i)

within a reasonable time before the tender, the

claimant sent a conspicuous statement to the person

against whom the claim is asserted that communications

concerning disputed debts, including an instrument

tendered as full satisfaction of a debt, are to be

sent to a designated person, office, or place, and

(ii) the instrument or accompanying communication was

not received by that designated person, office or

place; or

(2) The claimant, whether or not an organization, proves

that within ninety (90) days after payment of the

instrument, the claimant tendered repayment of the

amount of the instrument to the person against whom

the claim is asserted. This paragraph does not apply

if the claimant is an organization that sent a

statement complying with subparagraph (i) of paragraph

(1) of this subsection.

(d) A claim is discharged if the person against whom the claim

is asserted proves that within a reasonable time before collection

of the instrument was initiated, the claimant, or an agent of the

claimant having direct responsibility with respect to the disputed

obligation, knew that the instrument was tendered in full

satisfaction of the claim.
Okla. Stat. tit. 12A, § 12A-15-104 — OK Code / Title 12A / Section 12A-15-104
Prospective application
Status: in_force

PROSPECTIVE APPLICATION

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 473

This act applies to any electronic record or electronic

signature created, generated, sent, communicated, received, or

stored on or after the effective date of this act.
Okla. Stat. tit. 12, § 12-1879 — OK Code / Title 12 / Section 12-1879
Appeal
Status: in_force

A. An appeal may be taken from:

1. An order denying a motion to compel arbitration;

2. An order granting a motion to stay arbitration;

3. An order confirming or denying confirmation of an award;

4. An order modifying or correcting an award;

5. An order vacating an award without directing a rehearing; or

6. A final judgment entered pursuant to the Uniform Arbitration

Act.

B. An appeal under this section shall be taken as from an order

or a judgment in a civil action.
Okla. Stat. tit. 12, § 12-1181 — OK Code / Title 12 / Section 12-1181
Mutual defense by garnishee and defendant
Status: in_force

At any time before final order or judgment against the

garnishee, the defendant may in all cases, by answer duly verified

defend the proceedings against any garnishee, upon the ground that

the indebtedness of the garnishee, or any property held by him, is

exempt from execution against such defendant, or for any other

reason is not liable to garnishment; or upon any ground upon which a

garnishee might defend the same; and may participate in the trial of

any issue between the plaintiff and garnishee for the protection of

Oklahoma Statutes - Title 12. Civil Procedure Page 256

his interests. The garnishee may at his option, defend the

principal action for the defendant, if the latter does not, but

shall be under no obligations so to do.

R.L. 1910, § 4831. Amended by Laws 1965, c. 297, § 11.
Okla. Stat. tit. 12A, § 12A-2A-522 — OK Code / Title 12A / Section 12A-2A-522
Lessee's right to goods on lessor's insolvency
Status: in_force

LESSEE'S RIGHT TO GOODS ON LESSOR'S INSOLVENCY

(1) Subject to subsection (2) of this section and even though

the goods have not been shipped, a lessee who has paid a part or all

of the rent and security for goods identified to a lease contract

(Section 26 of this act) on making and keeping good a tender of any

unpaid portion of the rent and security due under the lease contract

may recover the goods identified from the lessor if the lessor

becomes insolvent within ten (10) days after receipt of the first

installment of rent and security.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 273

(2) A lessee acquires the right to recover goods identified to

a lease contract only if they conform to the lease contract.
Okla. Stat. tit. 12, § 12-1392 — OK Code / Title 12 / Section 12-1392
Plaintiff to give bond - Amount - Attorney's fees
Status: in_force

Unless otherwise provided by special statute, no injunction

shall operate until the party obtaining the same shall give an

undertaking, with sufficient surety, to be approved by the clerk of

the court granting such injunction, in an amount to be fixed by the

court or judge allowing the same, to secure the party injured the

damages he may sustain, including reasonable attorney's fees, if it

be finally decided that the injunction ought not to have been

granted.

R.L. 1910, § 4877.
Okla. Stat. tit. 12A, § 12A-2-105 — OK Code / Title 12A / Section 12A-2-105
Definitions: Transferability; "Goods"; "Future" goods;
Status: in_force

"Lot"; "Commercial unit".

Definitions: Transferability; "Goods"; "Future" Goods; "Lot";

"Commercial Unit".

(1) "Goods" means all things (including specially manufactured

goods) which are movable at the time of identification to the

contract for sale other than the money in which the price is to be

paid, investment securities (Article 8) and things in action.

"Goods" also includes the unborn young of animals and growing crops

and other identified things attached to realty as described in the

section on goods to be severed from realty (Section 2-107) but does

not include information.

(2) Goods must be both existing and identified before any

interest in them can pass. Goods which are not both existing and

identified are "future" goods. A purported present sale of future

goods or of any interest therein operates as a contract to sell.

(3) There may be a sale of a part interest in existing

identified goods.

(4) An undivided share in an identified bulk of fungible goods

is sufficiently identified to be sold although the quantity of the

bulk is not determined. Any agreed proportion of such a bulk or any

quantity thereof agreed upon by number, weight or other measure may

to the extent of the seller's interest in the bulk be sold to the

buyer who then becomes an owner in common.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 188

(5) "Lot" means a parcel or a single article which is the

subject matter of a separate sale or delivery, whether or not it is

sufficient to perform the contract.

(6) "Commercial unit" means such a unit of goods as by

commercial usage is a single whole for purposes of sale and division

of which materially impairs its character or value on the market or

in use. A commercial unit may be a single article (as a machine) or

a set of articles (as a suite of furniture or an assortment of

sizes) or a quantity (as a bale, gross, or carload) or any other

unit treated in use or in the relevant market as a single whole.
Okla. Stat. tit. 12A, § 12A-4A-211 — OK Code / Title 12A / Section 12A-4A-211
Cancellation and amendment of payment order
Status: in_force

CANCELLATION AND AMENDMENT OF PAYMENT ORDER

(a) A communication of the sender of a payment order canceling

or amending the order may be transmitted to the receiving bank

orally or in a record. If a security procedure is in effect between

the sender and the receiving bank, the communication is not

effective to cancel or amend the order unless the communication is

verified pursuant to the security procedure or the bank agrees to

the cancellation or amendment.

(b) Subject to subsection (a) of this section, a communication

by the sender canceling or amending a payment order is effective to

cancel or amend the order if notice of the communication is received

at a time and in a manner affording the receiving bank a reasonable

opportunity to act on the communication before the bank accepts the

payment order.

(c) After a payment order has been accepted, cancellation or

amendment of the order is not effective unless the receiving bank

agrees or a funds-transfer system rule allows cancellation or

amendment without agreement of the bank.

(1) With respect to a payment order accepted by a receiving

bank other than the beneficiary's bank, cancellation or amendment is

not effective unless a conforming cancellation or amendment of the

payment order issued by the receiving bank is also made.

(2) With respect to a payment order accepted by the

beneficiary's bank, cancellation or amendment is not effective

unless the order was issued in execution of an unauthorized payment

order, or because of a mistake by a sender in the funds transfer

which resulted in the issuance of a payment order (i) that is a

duplicate of a payment order previously issued by the sender, (ii)

that orders payment to a beneficiary not entitled to receive payment

from the originator, or (iii) that orders payment in an amount

greater than the amount the beneficiary was entitled to receive from

the originator. If the payment order is canceled or amended, the

beneficiary's bank is entitled to recover from the beneficiary any

amount paid to the beneficiary to the extent allowed by the law

governing mistake and restitution.

(d) An unaccepted payment order is canceled by operation of law

at the close of the fifth funds-transfer business day of the

receiving bank after the execution date or payment date of the

order.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 367

(e) A canceled payment order cannot be accepted. If an

accepted payment order is canceled, the acceptance is nullified and

no person has any right or obligation based on the acceptance.

Amendment of a payment order is deemed to be cancellation of the

original order at the time of amendment and issue of a new payment

order in the amended form at the same time.

(f) Unless otherwise provided in an agreement of the parties or

in a funds-transfer system rule, if the receiving bank, after

accepting a payment order, agrees to cancellation or amendment of

the order by the sender or is bound by a funds-transfer system rule

allowing cancellation or amendment without the bank's agreement, the

sender, whether or not cancellation or amendment is effective, is

liable to the bank for any loss and expenses, including reasonable

attorney fees, incurred by the bank as a result of the cancellation

or amendment or attempted cancellation or amendment.

(g) A payment order is not revoked by the death or legal

incapacity of the sender unless the receiving bank knows of the

death or of an adjudication of incapacity by a court of competent

jurisdiction and has reasonable opportunity to act before acceptance

of the order.

(h) A funds-transfer system rule is not effective to the extent

it conflicts with paragraph (2) of subsection (c) of this section.
Okla. Stat. tit. 12, § 12-417 — OK Code / Title 12 / Section 12-417
Fees and mileage
Status: in_force

Witnesses shall be paid the same fees and mileage as are paid in

civil cases in district and superior courts.

Oklahoma Statutes - Title 12. Civil Procedure Page 86
Okla. Stat. tit. 12A, § 12A-1-9-704 — OK Code / Title 12A / Section 12A-1-9-704
Security interest unperfected before effective date
Status: in_force

SECURITY INTEREST UNPERFECTED BEFORE EFFECTIVE DATE

A security interest that is enforceable immediately before this

act takes effect but which would be subordinate to the rights of a

person that becomes a lien creditor at that time:

(1) remains an enforceable security interest for one (1) year

after this act takes effect;

(2) remains enforceable thereafter if the security interest

becomes enforceable under Section 1-9-203 of this title when this

act takes effect or within one (1) year thereafter; and

(3) becomes perfected:

(A) without further action, when this act takes effect if

the applicable requirements for perfection under this

act are satisfied before or at that time; or

(B) when the applicable requirements for perfection are

satisfied if the requirements are satisfied after that

time.
Okla. Stat. tit. 12A, § 12A-1-9-606 — OK Code / Title 12A / Section 12A-1-9-606
Time of default for agricultural lien
Status: in_force

TIME OF DEFAULT FOR AGRICULTURAL LIEN

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 139

For purposes of this part, a default occurs in connection with

an agricultural lien at the time the secured party becomes entitled

to enforce the lien in accordance with the statute under which it

was created.
Okla. Stat. tit. 12, § 12-3239 — OK Code / Title 12 / Section 12-3239
Definitions
Status: in_force

As used in the Structured Settlement Protection Act of 2001:

1. “Annuity issuer” means an insurer that has issued a contract

to fund periodic payments under a structured settlement;

2. “Dependents” include a payee’s spouse and minor children and

all other persons for whom the payee is legally obligated to provide

support, including alimony;

3. “Discounted present value” means the present value of future

payments determined by discounting the payments to the present using

the most recently published applicable federal rate for determining

the present value of an annuity, as issued by the United States

Internal Revenue Service;

4. “Gross advance amount” means the sum payable to the payee or

for the payee’s account as consideration for a transfer of

structured settlement payment rights before any reductions for

transfer expenses or other deductions to be made from the

consideration;

5. “Independent professional advice” means advice of an

attorney, certified public accountant, actuary or other licensed

professional adviser;

6. “Interested parties” means, with respect to any structured

settlement, the payee, any beneficiary irrevocably designated under

the annuity contract to receive payments following the payee’s

death, the annuity issuer, the structured settlement obligor, and

any other party that has continuing rights or obligations under the

structured settlement;

7. “Net advance amount” means the gross advance amount less the

aggregate amount of the actual and estimated transfer expenses

required to be disclosed under paragraph 5 of Section 3 of this act;

8. “Payee” means an individual who is receiving tax-free

payments under a structured settlement and proposes to make a

transfer of the payment rights;

9. “Periodic payments” includes both recurring payments and

scheduled future lump sum payments;

10. “Qualified assignment agreement” means an agreement

providing for a qualified assignment within the meaning of section

130 of the United States Internal Revenue Code, United States Code

Title 26, as amended from time to time;

Oklahoma Statutes - Title 12. Civil Procedure Page 538

11. “Responsible administrative authority” means, with respect

to a structured settlement, any government authority vested by law

with exclusive jurisdiction over the settled claim resolved by the

structured settlement;

12. “Settled claim” means the original tort claim or workers’

compensation claim resolved by a structured settlement;

13. “Structured settlement” means an arrangement for periodic

payment of damages for personal injuries or sickness established by

settlement or judgment in resolution of a tort claim or for periodic

payments in settlement of a workers’ compensation claim;

14. “Structured settlement agreement” means the agreement,

judgment, stipulation, or release embodying the terms of a

structured settlement;

15. “Structured settlement obligor” means, with respect to any

structured settlement, the party that has the continuing obligation

to make periodic payments to the payee under a structured settlement

agreement or a qualified assignment agreement;

16. “Structured settlement payment rights” means rights to

receive periodic payments under a structured settlement, whether

from the structured settlement obligor or the annuity issuer, where:

a. the payee is domiciled in, or the domicile or

principal place of business of the structured

settlement obligor or the annuity issuer is located in

this state,

b. the structured settlement agreement was approved by a

court or responsible administrative authority in this

state, or

c. the structured settlement agreement is expressly

governed by the laws of this state;

17. “Terms of the structured settlement” include, with respect

to any structured settlement, the terms of the structured settlement

agreement, the annuity contract, any qualified assignment agreement

and any order or other approval of any court or responsible

administrative authority or other government authority that

authorized or approved such structured settlement;

18. “Transfer” means any sale, assignment, pledge,

hypothecation or other alienation or encumbrance of structured

settlement payment rights made by a payee for consideration;

provided that the term “transfer” does not include the creation or

perfection of a security interest in structured settlement payment

rights under a blanket security agreement entered into with an

insured depository institution, in the absence of any action to

redirect the structured settlement payments to the insured

depository institution, or an agent or successor in interest

thereof, or otherwise to enforce the blanket security interest

against structured settlement payment rights;

Oklahoma Statutes - Title 12. Civil Procedure Page 539

19. “Transfer agreement” means the agreement providing for a

transfer of structured settlement payment rights;

20. “Transfer expenses” means all expenses of a transfer that

are required under the transfer agreement to be paid by the payee or

deducted from the gross advance amount, including, without

limitation, court filing fees, finders’ fees, commissions, and other

payments to a broker or other intermediary; “transfer expenses” do

not include preexisting obligations of the payee payable for the

payee’s account from the proceeds of a transfer; and

21. “Transferee” means a party acquiring or proposing to

acquire structured settlement payment rights through a transfer;
Okla. Stat. tit. 12A, § 12A-1-304 — OK Code / Title 12A / Section 12A-1-304
Obligation of good faith - Breach
Status: in_force

Obligation of Good Faith.

Every contract of duty within the Uniform Commercial Code

imposes an obligation of good faith in its performance and

enforcement. Breach of the obligation of good faith imposed by this

section shall not give rise to a separate tort cause of action.
Okla. Stat. tit. 12, § 12-587 — OK Code / Title 12 / Section 12-587
General and special verdict
Status: in_force

The verdict of a jury is either general or special. A general

verdict is that by which they pronounce generally upon all or any of

the issues, either in favor of the plaintiff or defendant. A

special verdict is that by which the jury finds facts only. It must

present the facts as established by the evidence, and not the

evidence to prove them; and they must be so presented as that

nothing remains to the court but to draw from them conclusions of

law.

R.L. 1910, § 5012.

Oklahoma Statutes - Title 12. Civil Procedure Page 99
Okla. Stat. tit. 12, § 12-3238 — OK Code / Title 12 / Section 12-3238
Short title
Status: in_force

This act shall be known and may be cited as the “Structured

Settlement Protection Act of 2001”.
Okla. Stat. tit. 12A, § 12A-1-9-320.7 — OK Code / Title 12A / Section 12A-1-9-320.7
Written notification affecting farm products;
Status: in_force

disclosure requirements; penalty.

WRITTEN NOTIFICATION AFFECTING FARM PRODUCTS;

DISCLOSURE REQUIREMENTS; PENALTY

(1) A secured party or a seller of farm products may furnish to

the buyer of such farm products, commission merchant, or selling

agent, within one (1) year before the sale of the farm products, a

written notice of a security interest, organized according to farm

products, that:

(a) is an original or reproduced copy thereof;

(b) contains:

(i) the name and address of the secured party;

(ii) the name and address of the person indebted to

the secured party;

(iii) 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 the debtor; and

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 79

(iv) a description of the farm products subject to the

security interest created by the debtor,

including the amount of the products where

applicable, crop year, county, and a reasonable

description of the property;

(c) must be amended in writing, within ten (10) days,

similarly signed and transmitted, to reflect material

changes;

(d) will lapse on the expiration period of the statement,

or the transmission of a notice signed by the secured

party that the statement has lapsed, whichever occurs

first; and

(e) states any payment obligations imposed on the buyer of

farm products, commission merchant, or selling agent

by the secured party as conditions for waiver or

release of the security interest.

(2) For purposes of this section, receipt of notice shall be

presumed if notice is sent by certified mail.

(3) (a) A secured party who intends to furnish written

notification of the existence of a security interest

in farm products as provided in this section, shall

require the person engaged in farming operations to

execute a security agreement containing a provision

requiring the person to furnish to the secured party a

list of the buyers, commission merchants, and selling

agents to or through whom the person may sell the farm

products. If the person engaged in farming operations

sells the farm product collateral to a buyer or

through a commission merchant or selling agent not

included on the list, the person engaged in farming

operations shall be subject to the penalty provisions

of paragraph (b) of this subsection, unless the

person:

(i) has notified the secured party in writing of the

identity of the buyer, commission merchant, or

selling agent at least seven (7) days prior to

the sale; or

(ii) has accounted to the secured party for the

proceeds of the sale not later than twenty (20)

days after the sale.

(b) A person violating the provisions of paragraph (a) of

this subsection shall be fined Five Thousand Dollars

($5,000.00) or fifteen percent (15%) of the value or

benefit received for the farm product described in the

security agreement, whichever is greater.
Okla. Stat. tit. 12A, § 12A-2A-506 — OK Code / Title 12A / Section 12A-2A-506
Statute of limitations
Status: in_force

STATUTE OF LIMITATIONS

(1) An action for default under a lease contract, including

breach of warranty or indemnity, must be commenced within four (4)

years after the cause of action accrued. By the original lease

contract the parties may reduce the period of limitation to not less

than one (1) year.

(2) A cause of action for default accrues when the act or

omission on which the default or breach of warranty is based is or

should have been discovered by the aggrieved party, or when the

default occurs, whichever is later. A cause of action for indemnity

accrues when the act or omission on which the claim for indemnity is

based is or should have been discovered by the indemnified party,

whichever is later.

(3) If an action commenced within the time limited by

subsection (1) of this section is so terminated as to leave

available a remedy by another action for the same default or breach

of warranty or indemnity, the other action may be commenced after

the expiration of the time limited and within six (6) months after

the termination of the first action unless the termination resulted

from voluntary discontinuance or from dismissal for failure or

neglect to prosecute.

(4) This section does not alter the law on tolling of the

statute of limitations nor does it apply to causes of action that

have accrued before this article becomes effective.
Okla. Stat. tit. 12, § 12-1867 — OK Code / Title 12 / Section 12-1867
Legal representation
Status: in_force

A party to an arbitration proceeding may be represented by a

lawyer.
Okla. Stat. tit. 12, § 12-1279 — OK Code / Title 12 / Section 12-1279
Renumbered as § 122 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-1535 — OK Code / Title 12 / Section 12-1535
Judgment for plaintiff
Status: in_force

If judgment be rendered in favor of the plaintiff or person

entitled, he shall proceed to exercise the functions of the office,

after he has been qualified as required by law; and the court shall

order the defendant to deliver over all the books and papers in his

custody or within his power, belonging to the office from which he

shall have been ousted.

R.L. 1910, § 4923.
Okla. Stat. tit. 12A, § 12A-11-101 — OK Code / Title 12A / Section 12A-11-101
Preservation of Old Transition Provision
Status: in_force

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 461

Preservation of Old Transition Provision. - The provisions of

Section 10-103 of this title shall continue to apply to this act,

and for this purpose, the U.C.C. prior to this act and after this

act shall be considered one continuous statute.
Okla. Stat. tit. 12A, § 12A-2-609 — OK Code / Title 12A / Section 12A-2-609
Right to Adequate Assurance of Performance
Status: in_force

(1) A contract for sale imposes an obligation on each party that

the other's expectation of receiving due performance will not be

impaired. When reasonable grounds for insecurity arise with respect

to the performance of either party the other may in writing demand

adequate assurance of due performance and until he receives such

assurance may if commercially reasonable suspend any performance for

which he has not already received the agreed return.

(2) Between merchants the reasonableness of grounds for

insecurity and the adequacy of any assurance offered shall be

determined according to commercial standards.

(3) Acceptance of any improper delivery or payment does not

prejudice the aggrieved party's right to demand adequate assurance

of future performance.

(4) After receipt of a justified demand failure to provide

within a reasonable time not exceeding thirty (30) days such

assurance of due performance as is adequate under the circumstances

of the particular case is a repudiation of the contract.
Okla. Stat. tit. 12, § 12-397 — OK Code / Title 12 / Section 12-397
Prisoner as witness or complaining or defending party - Release for examination - Notice -
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 7

Oklahoma Statutes - Title 12. Civil Procedure Page 8Release for examination - Notice - Attorney fee award prohibited -

Writ of habeas corpus.

A. A person confined in any prison in this state may by order

of any court of record, be required to be produced for oral

examination as a witness by the court in the county where he is

imprisoned, but in all other cases his examination must be by

deposition.

B. Any person or a prisoner confined in any prison or jail in

this state who is the complaining party or defending party in any

form of a civil action may apply for a Writ of Habeas Corpus for the

purpose of having the prisoner appear before the court for an

evidentiary hearing in which the court shall take testimony from the

prisoner. The custodian of the prisoner shall be given prior notice

of the application and fifteen (15) days to respond prior to the

decision of the court. If the court issues such writ, it shall be

issued and delivered to the custodian of the prisoner at least

Oklahoma Statutes - Title 12. Civil Procedure Page 83

fifteen (15) days prior to the date the prisoner is to appear, shall

order the custodian to be paid for all costs of transportation and

shall order the prisoner to be delivered to the court named in the

writ. The court shall not consider a writ of habeas corpus ad

testificandum except for a hearing on the merits of the civil

action. The court shall not award attorney fees and costs to the

prevailing party in this matter. All pretrial hearings for the

civil action that involve a prisoner shall be conducted by

telephone, deposition or video conference.

C. If upon application, the court issues a Writ of Habeas

Corpus as provided in subsection B of this section, it shall order

the person applying for such writ or other appropriate party to pay

to the custodian executing the writ all costs of transporting the

prisoner to and from the court. No court shall waive the

requirement to pay the costs of transportation to the custodian.

The writ shall also serve as a judgment against the prisoner, if the

prisoner is the party ordered to pay transportation costs or was the

party seeking the writ, and may be enforced by the detaining

governmental unit without further order of any court for a period of

five (5) years after the date of the writ. The custodian executing

the release shall notify the prisoner and the court, at the time of

delivery, of the costs of transportation.

D. Any writ that fails to comply with all of the requirements

of this section shall be void and unenforceable and no officer or

employee of the custodian shall be liable for failing to execute

said writ.

R.L. 1910, § 5062. Amended by Laws 1993, c. 174, § 1, emerg. eff.

May 10, 1993; Laws 2002, c. 402, § 2, eff. July 1, 2002; Laws 2004,

c. 168, § 2, emerg. eff. April 27, 2004; Laws 2005, c. 159, § 2,

emerg. eff. May 10, 2005.

NOTE: Laws 2004, c. 168, § 18, providing for an effective date of

Nov. 1, 2004, was repealed by Laws 2004, c. 382, § 4, emerg. eff.

June 3, 2004.
Okla. Stat. tit. 12, § 12-1875 — OK Code / Title 12 / Section 12-1875
Motion to vacate or correct an award
Status: in_force

A. Upon application and motion made within ninety (90) days

after movant receives notice of the award pursuant to Section 20 of

this act or within ninety (90) days after the movant receives notice

of a modified or corrected award pursuant to Section 21 of this act,

the court shall modify or correct the award if:

1. There was an evident mathematical miscalculation or an

evident mistake in the description of a person, thing, or property

referred to in the award;

2. The arbitrator has made an award on a claim not submitted to

the arbitrator and the award may be corrected without affecting the

merits of the decision upon the claims submitted; or

3. The award is imperfect in a matter of form not affecting the

merits of the decision on the claims submitted.

B. If a motion made under subsection A of this section is

granted, the court shall modify or correct and confirm the award as

modified or corrected. Otherwise, unless a motion to vacate is

pending, the court shall confirm the award.

C. A motion to modify or correct an award pursuant to this

section may be joined with a motion to vacate the award.
Okla. Stat. tit. 12, § 12-2801 — OK Code / Title 12 / Section 12-2801
Definitions
Status: in_force

A. For purposes of this Code:

1. A "statement" means:

a. an oral assertion,

b. an assertion in a record, or

c. nonverbal conduct of a person, if it is intended by a

person as an assertion;

2. A "declarant" means a person who makes a statement; and

3. "Hearsay" means a statement, other than one made by the

declarant while testifying at the trial or hearing, offered in

evidence to prove the truth of the matter asserted.

B. A statement is not hearsay if:

1. The declarant testifies at the trial or hearing and is

subject to cross-examination concerning the statement, and the

statement is:

a. inconsistent with the declarant's testimony, and was

given under oath subject to the penalty of perjury at

a trial, hearing or other proceeding, or in a

deposition, or

Oklahoma Statutes - Title 12. Civil Procedure Page 478

b. consistent with the declarant's testimony and is

offered to rebut an express or implied charge against

the declarant of recent fabrication or improper

influence or motive and was made before the supposed

fabrication, influence, or motive arose, or

c. one of identification of a person made after

perceiving the person; or

2. The statement is offered against a party and is:

a. the party's own statement, in either an individual or

a representative capacity, or

b. a statement of which the party has manifested an

adoption or belief in its truth, or

c. a statement by a person authorized by the party to

make a statement concerning the subject, or

d. a statement by the party's agent or servant concerning

a matter within the scope of the agency or employment,

made during the existence of the relationship, or

e. a statement by a coconspirator of a party during the

course and in furtherance of the conspiracy.
Okla. Stat. tit. 12, § 12-1462 — OK Code / Title 12 / Section 12-1462
Penalty for refusal or neglect to perform
Status: in_force

Whenever a peremptory mandamus is directed to any public

officer, body or board, commanding the performance of any public

duty specially enjoined by law, if it appear to the court that such

officer, or any member of such body or board, has, without just

excuse, refused or neglected to perform the duty so enjoined, the

court may impose a fine, not exceeding Five Hundred Dollars

($500.00), upon every such officer or members of such body or board.

Such fine, when collected, shall be paid into the treasury of the

county where the duty ought to have been performed; and the payment

thereof is a bar to an action for any penalty incurred by such

officer or member of such body or board, by reason of his refusal or

neglect to perform the duty so enjoined.

R.L. 1910, § 4918.
Okla. Stat. tit. 12, § 12-1877 — OK Code / Title 12 / Section 12-1877
Enforcement of agreement to arbitrate
Status: in_force

A. A court of this state having jurisdiction over the

controversy and the parties may enforce an agreement to arbitrate.

Oklahoma Statutes - Title 12. Civil Procedure Page 369

B. An agreement to arbitrate providing for arbitration in this

state confers exclusive jurisdiction on the court to enter judgment

on an award under the Uniform Arbitration Act.
Okla. Stat. tit. 12, § 12-1823 — OK Code / Title 12 / Section 12-1823
Referral to mediation
Status: in_force

Any district court, by agreement of the parties, may refer any

civil case, including any domestic relations case, or any portion

thereof for mediation. A referral to mediation may be made at any

time while a civil case is pending. The order of referral to

mediation shall be entered on a standard form consistent with the

form provided in subsection D of Section 5 of this act.
Okla. Stat. tit. 12, § 12-3243 — OK Code / Title 12 / Section 12-3243
Application for approval of transfer of payment rights
Status: in_force

A. An application under the Structured Settlement Protection

Act for approval of a transfer of structured settlement payment

rights shall be made by the transferee and may be brought in the

county in which the payee resides, in the county in which the

Oklahoma Statutes - Title 12. Civil Procedure Page 541

structured settlement obligor or the annuity issuer maintains its

principal place of business, or in any court or before any

responsible administrative authority which approved the structured

settlement agreement.

B. Not less than twenty (20) days prior to the scheduled

hearing on any application for approval of a transfer of structured

settlement payment rights under Section 4 of this act, the

transferee shall file with the court or responsible administrative

authority and serve on all interested parties a notice of the

proposed transfer and the application for its authorization,

including with such notice:

1. A copy of the transferee’s application;

2. A copy of the transfer agreement;

3. A copy of the disclosure statement required under Section 3

of this act;

4. A listing of each of the payee’s dependents, together with

each dependent’s age;

5. Notification that any interested party is entitled to

support, oppose or otherwise respond to the transferee’s

application, either in person or by counsel, by submitting written

comments to the court or responsible administrative authority or by

participating in the hearing; and

6. Notification of the time and place of the hearing and

notification of the manner in which and the time by which written

responses to the application must be filed, which shall be not less

than fifteen (15) days after service of the transferee’s notice, in

order to be considered by the court or responsible administrative

authority.
Okla. Stat. tit. 12A, § 12A-2A-513 — OK Code / Title 12A / Section 12A-2A-513
Cure by lessor of improper tender or delivery;
Status: in_force

replacement.

CURE BY LESSOR OF IMPROPER TENDER

OR DELIVERY; REPLACEMENT

(1) If any tender or delivery by the lessor or the supplier is

rejected because nonconforming and the time for performance has not

yet expired, the lessor or the supplier may seasonably notify the

lessee of the lessor's or the supplier's intention to cure and may

then make a conforming delivery within the time provided in the

lease contract.

(2) If the lessee rejects a nonconforming tender that the

lessor or the supplier had reasonable grounds to believe would be

acceptable with or without money allowance, the lessor or the

supplier may have a further reasonable time to substitute a

conforming tender if he seasonably notifies the lessee.
Okla. Stat. tit. 12A, § 12A-8-405.1 — OK Code / Title 12A / Section 12A-8-405.1
Obligation to Notify Issuer of Lost, Destroyed, or
Status: in_force

Wrongfully Taken Security Certificate.

Obligation to Notify Issuer of Lost, Destroyed, or Wrongfully

Taken Security Certificate.

If a security certificate has been lost, apparently destroyed,

or wrongfully taken, and the owner fails to notify the issuer of

that fact within a reasonable time after the owner has notice of it

and the issuer registers a transfer of the security before receiving

notification, the owner may not assert against the issuer a claim

for registering the transfer under Section 8-404 of this title or a

claim to a new security certificate under Section 8-405 of this

title.
Okla. Stat. tit. 12A, § 12A-2A-520 — OK Code / Title 12A / Section 12A-2A-520
Lessee's incidental and consequential damages
Status: in_force

LESSEE'S INCIDENTAL AND CONSEQUENTIAL DAMAGES

(1) Incidental damages resulting from a lessor's default

include expenses reasonably incurred in inspection, receipt,

transportation, and care and custody of goods rightfully rejected or

goods the acceptance of which is justifiably revoked, any

commercially reasonable charges, expenses or commissions in

connection with effecting cover, and any other reasonable expense

incident to the default.

(2) Consequential damages resulting from a lessor's default

include:

(a) any loss resulting from general or particular

requirements and needs of which the lessor at the time of

contracting had reason to know and which could not reasonably be

prevented by cover or otherwise; and

(b) injury to person or property proximately

resulting from any breach of warranty.
Okla. Stat. tit. 12A, § 12A-5-104 — OK Code / Title 12A / Section 12A-5-104
Formal Requirements
Status: in_force

Formal Requirements.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 384

A letter of credit, confirmation, advice, transfer, amendment,

or cancellation may be issued in any form that is a signed record.
Okla. Stat. tit. 12, § 12-979 — OK Code / Title 12 / Section 12-979
Neglect of clerk not error
Status: in_force

A mistake, neglect or omission of the clerk shall not be ground

of error, until the same has been presented and acted upon in the

court in which the mistake, neglect or omission occurred.

R.L. 1910, § 5262.
Okla. Stat. tit. 12A, § 12A-2-606 — OK Code / Title 12A / Section 12A-2-606
What Constitutes Acceptance of Goods
Status: in_force

(1) Acceptance of goods occurs when the buyer

(a) after a reasonable opportunity to inspect the goods

signifies to the seller that the goods are conforming

or that he will take or retain them in spite of their

nonconformity; or

(b) fails to make an effective rejection (subsection (1)

of Section 2-602), but such acceptance does not occur

until the buyer has had a reasonable opportunity to

inspect them; or

(c) does any act inconsistent with the seller's ownership;

but if such act is wrongful as against the seller it

is an acceptance only if ratified by him.

(2) Acceptance of a part of any commercial unit is acceptance of

that entire unit.
Okla. Stat. tit. 12, § 12-1148.16 — OK Code / Title 12 / Section 12-1148.16
Summons for eviction
Status: in_force

The summons to be issued in an action for forcible entry and

detainer, commonly known as an eviction, shall be in a form

developed in plain and understandable language 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. The summons shall

be delivered no less than three (3) days before the scheduled time

and date of the court hearing. This scheduled date and time shall

not be less than five (5) days from the date the summons is issued.
Okla. Stat. tit. 12, § 12-922 — OK Code / Title 12 / Section 12-922
Affidavit in forma pauperis
Status: in_force

The affidavit provided for in the preceding section shall be in

the form following, and attached to the petition, viz.:

State of Oklahoma, ____________ County, ____________, in the

district court of said county: I do solemnly swear that the cause

of action set forth in the petition hereto prefixed is just, and I

Oklahoma Statutes - Title 12. Civil Procedure Page 174

(or we) do further swear that by reason of my (or our) poverty, I am

unable to give security for costs.

R.L. 1910, § 5223.
Okla. Stat. tit. 12, § 12-107 — OK Code / Title 12 / Section 12-107
Uniform law
Status: in_force

This act shall be so construed as to effectuate its general

purpose to make uniform the law of those states which enact it.
Okla. Stat. tit. 12A, § 12A-3-406 — OK Code / Title 12A / Section 12A-3-406
Negligence Contributing to Forged Signature or
Status: in_force

Alteration of Instrument.

NEGLIGENCE CONTRIBUTING TO FORGED SIGNATURE

OR ALTERATION OF INSTRUMENT

(a) A person whose failure to exercise ordinary care

substantially contributes to an alteration of an instrument or to

the making of a forged signature on an instrument is precluded from

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 310

asserting the alteration or the forgery against a person who, in

good faith, pays the instrument or takes it for value or for

collection.

(b) Under subsection (a) of this section, if the person

asserting the preclusion fails to exercise ordinary care in paying

or taking the instrument and that failure substantially contributes

to loss, the loss is allocated between the person precluded and the

person asserting the preclusion according to the extent to which the

failure of each to exercise ordinary care contributed to the loss.

(c) Under subsection (a) of this section, the burden of proving

failure to exercise ordinary care is on the person asserting the

preclusion. Under subsection (b) of this section, the burden of

proving failure to exercise ordinary care is on the person

precluded.
Okla. Stat. tit. 12, § 12-704 — OK Code / Title 12 / Section 12-704
Renumbered as Section 32.1 of this title by Laws 1972, c
Status: in_force

119, § 5, emerg. eff. March 31, 1972.
Okla. Stat. tit. 12, § 12-1755 — OK Code / Title 12 / Section 12-1755
Service of affidavit and order upon defendant
Status: in_force

Unless service by the sheriff or other authorized person is

requested by the plaintiff, the defendant shall be served by mail.

The clerk shall enclose a copy of the affidavit and the order in an

envelope addressed to the defendant at the address stated in said

affidavit, prepay the postage, and mail said envelope to said

defendant by certified mail and request a return receipt from

addressee only. The clerk shall attach to the original affidavit

the receipt for the certified letter and the return card thereon or

other evidence of service of said affidavit and order. If the

envelope is returned undelivered and sufficient time remains for

making service, the clerk shall deliver a copy of the affidavit and

Oklahoma Statutes - Title 12. Civil Procedure Page 333

order to the sheriff who shall serve the defendant in the time set

in Section 1756 of this title, or at the election of the plaintiff

service shall be governed by the provisions of subsection C of

Section 2004 of this title.
Okla. Stat. tit. 12, § 12-2202 — OK Code / Title 12 / Section 12-2202
Judicial notice of adjudicative facts
Status: in_force

A. This section governs only judicial notice of adjudicative

facts.

B. A judicially noticed adjudicative fact shall not be subject

to reasonable dispute in that it is either:

1. Generally known within the territorial jurisdiction of the

trial court; or

2. Capable of accurate and ready determination by resort to

sources whose accuracy cannot reasonably be questioned.

C. A court may take judicial notice, whether requested or not.

D. A court shall take judicial notice if requested by a party

and supplied with the necessary information.

E. In a civil action or proceeding, the court shall instruct

the jury to accept as conclusive any fact judicially noticed. In a

criminal case, the court shall instruct the jury that it may, but is

not required to, accept as conclusive any fact judicially noticed.
Okla. Stat. tit. 12A, § 12A-11-107 — OK Code / Title 12A / Section 12A-11-107
Presumption that Rule of Law Continues Unchanged
Status: in_force

Presumption that Rule of Law Continues Unchanged. - Unless a

change in law has clearly been made, the provisions of this act

shall be deemed declaratory of the meaning of the U.C.C. prior to

this act.
Okla. Stat. tit. 12, § 12-577 — OK Code / Title 12 / Section 12-577
Order of trial
Status: in_force

When the jury has been sworn, the trial shall proceed in the

following order, unless the court for special reasons otherwise

directs:

First. The party on whom rests the burden of the issues may

briefly state his case, and the evidence by which he expects to

sustain it.

Second. The adverse party may then briefly state his defense,

and the evidence he expects to offer in support of it.

Third. The party on whom rests the burden of the issues must

first produce his evidence; after he has closed his evidence the

adverse party may interpose and file a demurrer thereto, upon the

ground that no cause of action or defense is proved. If the court

shall sustain the demurrer, such judgment shall be rendered for the

party demurring as the state of the pleadings or the proof shall

demand. If the demurrer be overruled, the adverse party will then

produce his evidence.

Oklahoma Statutes - Title 12. Civil Procedure Page 95

Fourth. The parties will then be confined to rebutting evidence

unless the court, for good reasons in furtherance of justice,

permits them to offer evidence in the original case.

Fifth. When the evidence is concluded and either party desires

special instructions to be given to the jury, such instructions

shall be reduced to writing, numbered, and signed by the party or

his attorney asking the same, and delivered to the court. The court

shall give general instructions to the jury, which shall be in

writing, and be numbered, and signed by the judge, if required by

either party.

Sixth. When either party asks special instructions to be given

to the jury, the court shall either give such instructions as

requested, or positively refuse to do so; or give the instructions

with modification in such manner that it shall distinctly appear

what instructions were given in whole or part, and in like manner

those refused, so that either party may except to the instructions

as asked for, or as modified, or to the modification, or to the

refusal. All instructions given by the court must be signed by the

judge; and filed together with those asked for by the parties as a

part of the record.

Seventh. After the instructions have been given to the jury the

cause may be argued.

R.L. 1910, § 5002.
Okla. Stat. tit. 12, § 12-1178.2 — OK Code / Title 12 / Section 12-1178.2
General garnishee summons - Affidavit - Garnishee's
Status: in_force

answer.

A. Where the garnishment summons is not on earnings, is not for

the collection of child support and is issued under Section 1173.3

of this title, then unless the garnishee shall make the affidavit

provided for in Section 1176 of this title, the garnishee shall,

within ten (10) days from the service of the garnishee's summons,

file an affidavit with the clerk of the court in which the action is

pending and deliver or mail a copy thereof to the judgment

creditor's attorney or to the judgment creditor if there is no

attorney. The affidavit shall state:

Oklahoma Statutes - Title 12. Civil Procedure Page 254

1. Whether the garnishee was indebted or under any liability to

the defendant named in the notice in any manner or upon any account

specifying if indebted or liable, the amount, the interest thereon,

the manner in which evidenced, when payable, whether an absolute or

contingent liability and all of the facts and circumstances

necessary to a complete understanding of such indebtedness or

liability. When the garnishee shall be in doubt respecting any such

liability or indebtedness, the garnishee may set forth all of the

facts and circumstances concerning the same, and submit the question

to the court;

2. Whether the garnishee was indebted or under any liability to

or had in garnishee's possession or control, any property belonging

to the defendant. When the garnishee shall be in doubt respecting

any such liability or indebtedness, the garnishee may set forth all

of the facts and circumstances concerning the same, and submit the

question to the court;

3. If the garnishee shall claim any setoff, defense, other

indebtedness, liability, lien, or claim to such property, the facts

and circumstances in the affidavit;

4. At the garnishee's option, any claim of exemption from

execution on the part of the defendant, or other objection known to

the garnishee against the right of the judgment creditor to apply

the indebtedness or property disclosed;

5. If the garnishee shall disclose any indebtedness or the

possession of any property to which the defendant or any other

person makes claim, at the garnishee's option, the names and

addresses of such other claimants and, so far as known, the nature

of the claims; and

6. That the garnishee has mailed or hand-delivered a copy of

the notice of garnishment and exemptions, application for hearing,

and the manner and date of compliance.

B. The answer of the garnishee shall be on a form prescribed by

the Oklahoma Bar Association. The Administrative Office of the

Courts shall provide public access to the garnishee's answer by

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

(OSCN) website.
Okla. Stat. tit. 12A, § 12A-4A-303 — OK Code / Title 12A / Section 12A-4A-303
Erroneous execution of payment order
Status: in_force

ERRONEOUS EXECUTION OF PAYMENT ORDER

(a) A receiving bank that (i) executes the payment order of the

sender by issuing a payment order in an amount greater than the

amount of the sender's order, or (ii) issues a payment order in

execution of the sender's order and then issues a duplicate order,

is entitled to payment of the amount of the sender's order under

subsection (e) of Section 27 of this act if that subsection is

otherwise satisfied. The bank is entitled to recover from the

beneficiary of the erroneous order the excess payment received to

the extent allowed by the law governing mistake and restitution.

(b) A receiving bank that executes the payment order of the

sender by issuing a payment order in an amount less than the amount

of the sender's order is entitled to payment of the amount of the

sender's order under subsection (c) of Section 27 of this act if (i)

that subsection is otherwise satisfied and (ii) the bank corrects

its mistake by issuing an additional payment order for the benefit

of the beneficiary of the sender's order. If the error is not

corrected, the issuer of the erroneous order is entitled to receive

or retain payment from the sender of the order it accepted only to

the extent of the amount of the erroneous order. This subsection

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 370

does not apply if the receiving bank executes the sender's payment

order by issuing a payment order in an amount less than the amount

of the sender's order for the purpose of obtaining payment of its

charges for services and expenses pursuant to instruction of the

sender.

(c) If a receiving bank executes the payment order of the

sender by issuing a payment order to a beneficiary different from

the beneficiary of the sender's order and the funds transfer is

completed on the basis of that error, the sender of the payment

order that was erroneously executed and all previous senders in the

funds transfer are not obliged to pay the payment orders they

issued. The issuer of the erroneous order is entitled to recover

from the beneficiary of the order the payment received to the extent

allowed by the law governing mistake and restitution.
Okla. Stat. tit. 12, § 12-179 — OK Code / Title 12 / Section 12-179
Judgment no bar as to defendants not served
Status: in_force

Nothing in this code shall be so construed as to make a

judgment, against one or more defendants jointly or severally

liable, a bar to another action against those not served.

R.L. 1910, § 4731.
Okla. Stat. tit. 12A, § 12A-2-512 — OK Code / Title 12A / Section 12A-2-512
Payment by Buyer Before Inspection
Status: in_force

Payment by Buyer Before Inspection.

(1) Where the contract requires payment before inspection

nonconformity of the goods does not excuse the buyer from so making

payment unless

(a) the nonconformity appears without inspection; or

(b) despite tender of the required documents the

circumstances would justify injunction against honor

under the provisions of this act (subsection (b) of

Section 5-109 of this title).

(2) Payment pursuant to subsection (1) of this section does not

constitute an acceptance of goods or impair the buyer's right to

inspect or any of his remedies.
Okla. Stat. tit. 12A, § 12A-4A-406 — OK Code / Title 12A / Section 12A-4A-406
Payment by originator to beneficiary; discharge of
Status: in_force

underlying obligation.

PAYMENT BY ORIGINATOR TO BENEFICIARY; DISCHARGE OF

UNDERLYING OBLIGATION

(a) Subject to subsection (e) of Section 19 and subsections (d)

and (e) of Section 30 of this act, the originator of a funds

transfer pays the beneficiary of the originator's payment order (i)

at the time a payment order for the benefit of the beneficiary is

accepted by the beneficiary's bank in the funds transfer and (ii) in

an amount equal to the amount of the order accepted by the

beneficiary's bank, but not more than the amount of the originator's

order.

(b) If payment under subsection (a) of this section is made to

satisfy an obligation, the obligation is discharged to the same

extent discharge would result from payment to the beneficiary of the

same amount in money, unless (i) the payment under subsection (a) of

this section was made by a means prohibited by the contract of the

beneficiary with respect to the obligation, (ii) the beneficiary,

within a reasonable time after receiving notice of receipt of the

order by the beneficiary's bank, notified the originator of the

beneficiary's refusal of the payment, (iii) funds with respect to

the order were not withdrawn by the beneficiary or applied to a debt

of the beneficiary, and (iv) the beneficiary would suffer a loss

that could reasonably have been avoided if payment had been made by

a means complying with the contract. If payment by the originator

does not result in discharge under this section, the originator is

subrogated to the rights of the beneficiary to receive payment from

the beneficiary's bank under subsection (a) of Section 29 of this

act.

(c) For the purpose of determining whether discharge of an

obligation occurs under subsection (b), if the beneficiary's bank

accepts a payment order in an amount equal to the amount of the

originator's payment order less charges of one or more receiving

banks in the funds transfer, payment to the beneficiary is deemed to

be in the amount of the originator's order unless upon demand by the

beneficiary the originator does not pay the beneficiary the amount

of the deducted charges.

(d) Rights of the originator or of the beneficiary of a funds

transfer under this section may be varied only by agreement of the

originator and the beneficiary.
Okla. Stat. tit. 12, § 12-844 — OK Code / Title 12 / Section 12-844
Arrest of debtor in danger of leaving state, concealing
Status: in_force

himself or transferring assets - Undertaking - Commitment.

When by affidavit of the judgment creditor or otherwise it shall

be made to appear to the satisfaction of the judge of any court of

record having civil jurisdiction in a county wherein the defendant

may be arrested, that there is danger of the judgment debtor leaving

the state, or of concealing himself, or of his removal or transfer

of his assets outside the state, the judge shall issue a warrant

requiring the sheriff of the county to arrest the judgment debtor

and bring him before such judge. Upon being brought before the

judge, the judgment debtor shall be examined on oath and other

witnesses on either side may be summoned by the judge and examined

upon oath. If on such examination, it appears that the judgment

debtor has in his possession or under his control property which he

unjustly refuses to apply to the satisfaction of the creditor's

judgment, the judge may order application thereof as provided in 12

O.S. 1961, Section 850. In addition, if it shall clearly appear on

the examination that there is danger of the judgment debtor leaving

the state or of his removing or transferring his property therefrom,

the judge shall order him to enter into an undertaking, in such sum

as the judge may prescribe with one or more sureties that he will

from time to time attend for examination before the judge or a

referee as may be directed. In default of entering into such an

undertaking, he may be committed to the jail of the county, by

warrant of the judge, as for contempt.

R.L. 1910, § 5192. Amended by Laws 1965, c. 300, § 3.
Okla. Stat. tit. 12, § 12-1557 — OK Code / Title 12 / Section 12-1557
Punishment for disobedience of court
Status: in_force

Whenever, in the exercise of its authority, a court shall have

ordered the deposit or delivery of money or other thing, and the

order is disobeyed, the court, besides punishing the disobedience as

Oklahoma Statutes - Title 12. Civil Procedure Page 312

for contempt, may make an order requiring the sheriff to take the

money, or thing, and deposit or deliver it, in conformity with the

direction of the court.

R.L. 1910, § 4985.
Okla. Stat. tit. 12A, § 12A-8-506 — OK Code / Title 12A / Section 12A-8-506
Duty of Securities Intermediary to Exercise Rights as
Status: in_force

Directed by Entitlement Holder.

Duty of Securities Intermediary to Exercise Rights as Directed

by Entitlement Holder.

A securities intermediary shall exercise rights with respect to

a financial asset if directed to do so by an entitlement holder. 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 either places the entitlement holder in a

position to exercise the rights directly or exercises

due care in accordance with reasonable commercial

standards to follow the direction of the entitlement

holder.
Okla. Stat. tit. 12, § 12-1801 — OK Code / Title 12 / Section 12-1801
Purpose of act - Short title
Status: in_force

The Legislature is aware of the fact that many disputes arise

between citizens of this state which are of small social or economic

magnitude and can be both costly and time consuming if resolved

through a formal judicial proceeding. Many times such disputes can

be resolved in a fair and equitable manner through less formal

proceedings. Such proceedings can also help alleviate the backlog

of cases which burden the judicial system in this state. It is

therefore the purpose of this act to provide to all citizens of this

state convenient access to dispute resolution proceedings which are

fair, effective, inexpensive, and expeditious.

Sections 1 through 6 of this act shall be known and may be cited

as the "Dispute Resolution Act".
Okla. Stat. tit. 12A, § 12A-1-9-706 — OK Code / Title 12A / Section 12A-1-9-706
When initial financing statement suffices to continue
Status: in_force

effectivness of financing statement.

WHEN INITIAL FINANCING STATEMENT SUFFICES

TO CONTINUE EFFECTIVNESS OF FINANCING STATEMENT

(a) The filing of an initial financing statement in the office

specified in Section 1-9-501 of this title continues the

effectiveness of a financing statement filed before this act takes

effect if:

(1) the filing of an initial financing statement in that office

would be effective to perfect a security interest under this act;

(2) the pre-effective-date financing statement was filed in an

office in another state or another office in this state; and

(3) the initial financing statement satisfies subsection (c) of

this section.

(b) The filing of an initial financing statement under

subsection (a) of this section continues the effectiveness of the

pre-effective-date financing statement:

(1) if the initial financing statement is filed before this act

takes effect, for the period provided in former Section 9-403 of

this title with respect to a financing statement; and

(2) if the initial financing statement is filed after this act

takes effect, for the period provided in Section 1-9-515 of this

title with respect to an initial financing statement.

(c) To be effective for purposes of subsection (a) of this

section, an initial financing statement must:

(1) satisfy the requirements of Part 5 of this article for an

initial financing statement;

(2) identify the pre-effective-date financing statement by

indicating the office in which the financing statement was filed and

providing the dates of filing and file numbers, if any, of the

financing statement and of the most recent continuation statement

filed with respect to the financing statement; and

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 164

(3) indicate that the pre-effective-date financing statement

remains effective.
Okla. Stat. tit. 12A, § 12A-1-9-331 — OK Code / Title 12A / Section 12A-1-9-331
Priority of rights of purchasers of controllable
Status: in_force

accounts, controllable electronic records, controllable payment

intangibles, documents, instruments, and securities under other

articles; priority of interests in financial assets and security

entitlements and protection against assertion of claims under

Articles 8 and 12.

PRIORITY OF RIGHTS OF PURCHASERS OF CONTROLLABLE ACCOUNTS,

CONTROLLABLE ELECTRONIC RECORDS, CONTROLLABLE PAYMENT INTANGIBLES,

DOCUMENTS, INSTRUMENTS, AND SECURITIES UNDER OTHER ARTICLES;

PRIORITY OF INTERESTS IN FINANCIAL ASSETS AND SECURITY ENTITLEMENTS

AND PROTECTION AGAINST ASSERTION OF CLAIM UNDER ARTICLES 8 AND 12

(a) This article does not limit the rights of a holder in due

course of a negotiable instrument, a holder to which a negotiable

document of title has been duly negotiated, a protected purchaser of

a security, or a qualifying purchaser of a controllable account,

controllable electronic record, or controllable payment intangible.

These holders or purchasers take priority over an earlier security

interest, even if perfected, to the extent provided in Articles 3,

7, 8, and 12 of this title.

(b) This article does not limit the rights of or impose

liability on a person to the extent that the person is protected

against the assertion of a claim under Article 8 or 12 of this

title.

(c) Filing under this article does not constitute notice of a

claim or defense to the holders, or purchasers, or persons described

in subsections (a) and (b) of this section.records, controllable payment intangibles, documents, instruments, and securities under other

articles; priority of interests in financial assets and security entitlements and protection against
Okla. Stat. tit. 12, § 12-941 — OK Code / Title 12 / Section 12-941
Actions by state entities - Court costs, witness fees and
Status: in_force

attorney fees.

A. The defendant in any civil action brought in any court of

this state by any state agency, board, commission, department,

authority or bureau authorized to make rules or formulate orders

shall be entitled to recover against such state entity court costs,

witness fees and reasonable attorney fees if the court determines

that the action was brought without reasonable basis or is

frivolous. This subsection shall apply to any action commenced on

or after October 1, 1982.

B. The respondent in any proceeding brought before any state

administrative tribunal by any state agency, board, commission,

department, authority or bureau authorized to make rules or

formulate orders shall be entitled to recover against such state

entity court costs, witness fees and reasonable attorney fees if the

tribunal or a court of proper jurisdiction determines that the

proceeding was brought without reasonable basis or is frivolous;

provided, however, if the tribunal is required by law to act upon

Oklahoma Statutes - Title 12. Civil Procedure Page 178

complaints and determines that the complaint had no reasonable basis

or is frivolous, the tribunal may assess the respondent's costs,

witness fees and reasonable attorney fees against the complainant.

This subsection shall apply to any proceeding before any state

administrative tribunal commenced on or after November 1, 1987.
Okla. Stat. tit. 12A, § 12A-1-9-614 — OK Code / Title 12A / Section 12A-1-9-614
Contents and form of notification before disposition
Status: in_force

of collateral: consumer-goods transaction.

CONTENTS AND FORM OF NOTIFICATION BEFORE

DISPOSITION OF COLLATERAL: CONSUMER-GOODS TRANSACTION

(a) In a consumer-goods transaction, the following rules apply:

(1) A notification of disposition must provide the following

information:

(A) the information specified in paragraph (1) of

subsection (a) of Section 1-9-613 of this title;

(B) a description of any liability for a deficiency of the

person to which the notification is sent;

(C) a telephone number from which the amount that must be

paid to the secured party to redeem the collateral

under Section 1-9-623 of this title is available; and

(D) a telephone number or mailing address from which

additional information concerning the disposition and

the obligation secured is available.

(2) A particular phrasing of the notification is not required.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 146

(3) The following form of notification, when completed in

accordance with the instructions in subsection (b) of this section,

provides sufficient information:

(Name and address of secured party)

(Date)

NOTICE OF OUR PLAN TO SELL PROPERTY

(Name and address of any obligor who is also a debtor)

Subject: (Identify transaction)

We have your (describe collateral), because you broke promises

in our agreement.

{1} We will sell (describe collateral) at public sale. A sale

could include a lease or license. The sale will be held as follows:

(Date)

(Time)

(Place)

You may attend the sale and bring bidders if you want.

{2} We will sell (describe collateral) at private sale sometime

after (date). A sale could include a lease or license.

{3} The money that we get from the sale, after paying our costs,

will reduce the amount you owe. If we get less money than you owe,

you (will or will not, as applicable) still owe us the difference.

If we get more money than you owe, you will get the extra money,

unless we must pay it to someone else.

{4} You can get the property back at any time before we sell it

by paying us the full amount you owe, not just the past due

payments, including our expenses. To learn the exact amount you

must pay, call us at (telephone number).

{5} If you want us to explain to you in (writing) (writing or in

(description of electronic record)) (description of electronic

record) how we have figured the amount that you owe us, {6} Call us

at (telephone number) (or) (write us at (secured party's address))

(or contact us by (description of electronic communication method))

{7} and request (a written explanation) (a written explanation or an

explanation in (description of electronic record)) (an explanation

in (description of electronic record)).

{8} We will charge you $ (amount) for the explanation if we sent

you another written explanation of the amount you owe us within the

last six months.

{9} If you need more information about the sale (call us at

(telephone number)) (or) (write us at (secured party's address)) (or

contact us by (description of electronic communication method)).

{10} We are sending this notice to the following other people

who have an interest in (describe collateral) or who owe money under

your agreement:

(Names of all other debtors and obligors, if any)

[End of Form]

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 147

(4) A notification in the form of paragraph (3) of this

subsection is sufficient, even if additional information appears at

the end of the form.

(5) A notification in the form of paragraph (3) of this

subsection is sufficient, even if it includes errors in information

not required by paragraph (1) of this subsection, unless the error

is misleading with respect to rights arising under this article.

(6) If a notification under this section is not in the form of

paragraph (3) of this subsection, law other than this article

determines the effect of including information not required by

paragraph (1) of this subsection.

(b) The following instructions apply to the form of

notification in paragraph (3) of subsection (a) of this section:

(1) The instructions in this subsection refer to the numbers in

braces before items in the form of notification in paragraph (3) of

subsection (a) of this section. Do not include the numbers or

braces in the notification. The numbers and braces are used only

for the purpose of these instructions.

(2) Include and complete either item {1}, if the notification

relates to a public disposition of the collateral, or item {2}, if

the notification relates to a private disposition of the collateral.

(3) Include and complete items {3}, {4}, {5}, {6}, and {7}.

(4) In item {5}, include and complete any one of the three

alternative methods for the explanation — writing, writing or

electronic record, or electronic record.

(5) In item {6}, include the telephone number. In addition,

the sender may include and complete either or both of the two

additional alternative methods of communication - writing or

electronic communication - for the recipient of the notification to

communicate with the sender. Neither of the two additional methods

of communication is required to be included.

(6) In item {7}, include and complete the method or methods for

the explanation — writing, writing or electronic record, or

electronic record — included in item {5}.

(7) Include and complete item {8} only if a written explanation

is included in item {5} as a method for communicating the

explanation and the sender will charge the recipient for another

written explanation.

(8) In item {9}, include either the telephone number or the

address or both the telephone number and the address. In addition,

the sender may include and complete the additional method of

communication - electronic communication - for the recipient of the

notification to communicate with the sender. The additional method

of electronic communication is not required to be included.

(9) If item {10} does not apply, insert "None" after

"agreement:".

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 148
Okla. Stat. tit. 12A, § 12A-1-9-601 — OK Code / Title 12A / Section 12A-1-9-601
Rights after default - Judicial enforcement -
Status: in_force

Consignor or buyer of accounts, chattel paper, payment intangibles,

or promissory notes.

RIGHTS AFTER DEFAULT; JUDICIAL ENFORCEMENT;

CONSIGNOR OR BUYER OF ACCOUNTS, CHATTEL PAPER,

PAYMENT INTANGIBLES, OR PROMISSORY NOTES

(a) After default, a secured party has the rights provided in

this part and, except as otherwise provided in Section 1-9-602 of

this title, those provided by agreement of the parties. A secured

party:

(1) may reduce a claim to judgment, foreclose, or otherwise

enforce the claim, security interest, or agricultural lien by any

available judicial procedure, but Section 686 of Title 12 of the

Oklahoma Statutes, shall not apply to the enforcement of a claim,

security interest, or agricultural lien under this article except as

provided in Section 1-9-604 of this title where the procedure is in

accordance with the rights of the parties with respect to real

property; and

(2) if the collateral is documents, may proceed either as to

the documents or as to the goods they cover.

(b) A secured party in 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 has the rights and duties provided in

Section 1-9-207 of this title.

(c) The rights under subsections (a) and (b) of this section

are cumulative and may be exercised simultaneously.

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

section and Section 1-9-605 of this title, after default, a debtor

and an obligor have the rights provided in this part and by

agreement of the parties.

(e) If a secured party has reduced its claim to judgment, the

lien of any levy that may be made upon the collateral by virtue of

an execution based upon the judgment relates back to the earliest

of:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 136

(1) the date of perfection of the security interest or

agricultural lien in the collateral;

(2) the date of filing a financing statement covering the

collateral; or

(3) any date specified in a statute under which the

agricultural lien was created.

(f) A sale pursuant to an execution is a foreclosure of the

security interest or agricultural lien by judicial procedure within

the meaning of this section. A secured party may purchase at the

sale and thereafter hold the collateral free of any other

requirements of this article.

(g) Except as otherwise provided in subsection (c) of Section

1-9-607 of this title, this part imposes no duties upon a secured

party that is a consignor or is a buyer of accounts, chattel paper,

payment intangibles, or promissory notes.Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 3
Okla. Stat. tit. 12, § 12-1189 — OK Code / Title 12 / Section 12-1189
Justification of sureties - Garnishees discharged
Status: in_force

When the plaintiff excepts, the sureties shall appear for

justification before the judge of the district court or the county

judge of the county in which the action is brought, at a time and

place to be mentioned in the notice given by the plaintiff, and may

be examined on oath on the part of the plaintiff touching their

sufficiency, in such manner as the judge in his discretion may think

proper. The examination shall be reduced to writing and subscribed

by the sureties, if required by the plaintiff. If the judge find

the sureties sufficient he shall annex the examination to the

undertaking, endorse his allowance thereon, and cause them to be

filed with the clerk of the district court. Thereafter all the

garnishees shall be discharged, and the garnishment proceedings

shall be deemed discontinued, and any money or property paid or

delivered to any officer shall be surrendered to the person entitled

thereto, and the costs shall be taxable as disbursements of the

plaintiff in the action if he recovers. The judge may in his

discretion require the costs of the justification before him,

including fees to the sureties as witnesses, to be forthwith paid by

the party requiring justification.

R.L. 1910, § 4839.
Okla. Stat. tit. 12, § 12-74 — OK Code / Title 12 / Section 12-74
Supreme Court rules
Status: in_force

The Justices of the Supreme Court shall meet every two (2) years

during the month of June at the capitol of the state and revise

Oklahoma Statutes - Title 12. Civil Procedure Page 46

their general rules, and make such amendments thereto as may be

required to carry into effect the provisions of this Code, and shall

make such further rules consistent therewith as they may deem

proper. The rules so made shall apply to the Supreme Court, the

district courts, the superior courts, the county courts and all

other courts of record.

R.L. 1910, § 5347.
Okla. Stat. tit. 12, § 12-729.10 — OK Code / Title 12 / Section 12-729.10
Interest
Status: in_force

A. With respect to a foreign-money claim, recovery of

prejudgment or pre-award interest and the rate of interest to be

applied in the action or distribution proceeding, except as provided

in subsection B of this section, are matters of the substantive law

governing the right to recovery under the conflict-of-laws rules of

this state.

B. The court or arbitrator shall increase or decrease the

amount of prejudgment or pre-award interest otherwise payable in a

judgment or award in foreign money to the extent required by the law

of this state governing a failure to make or accept an offer of

settlement or offer of judgment, or conduct by a party or its

attorney causing undue delay or expense.

C. A judgment or award on a foreign-money claim bears interest

at the rate applicable to judgments of this state.
Okla. Stat. tit. 12, § 12-1772 — OK Code / Title 12 / Section 12-1772
Judgments for payment of money - Processing and
Status: in_force

collection.

Judgments for the payment of money shall be processed and

collected as follows:

1. Incident to the entering of the judgment and while the

parties are still under oath:

a. the court may arrange a judgment satisfaction plan and

enter a writ of execution, and

b. the court may secure a listing and description of the

judgment debtor's assets from the judgment debtor in

Oklahoma Statutes - Title 12. Civil Procedure Page 340

case subsequent attachment of property becomes

necessary to collect an unsatisfied judgment. Forms

for an application and order to appear and answer as

to assets and interrogatories to be answered by the

debtor shall be supplied by the court clerk on forms

promulgated by the Oklahoma Bar Association.

2. If the judgment debtor fails to satisfy the judgment in

accordance with the judgment satisfaction plan, the judgment

creditor shall attempt to contact the judgment debtor and collect

the same.

3. If the judgment debtor still fails to satisfy the judgment,

the judgment creditor may:

a. require the debtor to appear and answer

interrogatories regarding assets, or

b. request the issuance of a writ of execution or a

garnishment summons on forms provided by the court

clerk.

4. Except as provided in this section, proceedings hereunder to

collect the judgment shall be conducted pursuant to the provisions

of this title.
Okla. Stat. tit. 12, § 12-1332 — OK Code / Title 12 / Section 12-1332
Application - How made - Contents
Status: in_force

Application for the writ shall be made by petition, signed and

verified either by the plaintiff or by some person in his behalf,

and shall specify:

First. By whom the person in whose behalf the writ is applied

for is restrained of his liberty, and the place where, naming all

the parties, if they are known, or describing them, if they are not

known.

Second. The cause or pretense of the restraint, according to

the best of the knowledge and belief of the applicant.

Third. If the restraint be alleged to be illegal, in what the

illegality consists.

R.L. 1910, § 4883.
Okla. Stat. tit. 12A, § 12A-5-103 — OK Code / Title 12A / Section 12A-5-103
Scope
Status: in_force

Scope.

(a) This article applies to letters of credit and to certain

rights and obligations arising out of transactions involving letters

of credit.

(b) The statement of a rule in this article does not by itself

require, imply, or negate application of the same or a different

rule to a situation not provided for, or to a person not specified,

in this article.

(c) With the exception of this subsection, subsections (a) and

(d) of this section, paragraphs (9) and (10) of subsection (a) of

Section 5-102 of this title, subsection (d) of Section 5-106 of this

title, and subsection (d) of Section 5-114 of this title, and except

to the extent prohibited in Section 15 of this act and subsection

(d) of Section 5-117 of this title, the effect of this article may

be varied by agreement or by a provision stated or incorporated by

reference in an undertaking. A term in an agreement or undertaking

generally excusing liability or generally limiting remedies for

failure to perform obligations is not sufficient to vary obligations

prescribed by this article.

(d) Rights and obligations of an issuer to a beneficiary or a

nominated person under a letter of credit are independent of the

existence, performance, or nonperformance of a contract or

arrangement out of which the letter of credit arises or which

underlies it, including contracts or arrangements between the issuer

and the applicant and between the applicant and the beneficiary.
Okla. Stat. tit. 12A, § 12A-1-9-627 — OK Code / Title 12A / Section 12A-1-9-627
Determination of whether conduct was commercially
Status: in_force

reasonable.

DETERMINATION OF WHETHER CONDUCT

WAS COMMERCIALLY REASONABLE

(a) The fact that a greater amount could have been obtained by

a collection, enforcement, disposition, or acceptance at a different

time or in a different method from that selected by the secured

party is not of itself sufficient to preclude the secured party from

establishing that the collection, enforcement, disposition, or

acceptance was made in a commercially reasonable manner.

(b) A disposition of collateral is made in a commercially

reasonable manner if the disposition is made:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 159

(1) in the usual manner on any recognized market;

(2) at the price current in any recognized market at the time

of the disposition; or

(3) otherwise in conformity with reasonable commercial

practices among dealers in the type of property that was the subject

of the disposition.

(c) A collection, enforcement, disposition, or acceptance is

commercially reasonable if it has been approved:

(1) in a judicial proceeding;

(2) by a bona fide creditors’ committee;

(3) by a representative of creditors; or

(4) by an assignee for the benefit of creditors.

(d) Approval under subsection (c) of this section need not be

obtained, and lack of approval does not mean that the collection,

enforcement, disposition, or acceptance is not commercially

reasonable.
Okla. Stat. tit. 12A, § 12A-7-103 — OK Code / Title 12A / Section 12A-7-103
Relation of article to treaty or statute
Status: in_force

Relation of Article to Treaty or Statute.

(a) This article is subject to any treaty or statute of the

United States or regulatory statute of this state to the extent the

treaty, statute, or regulatory statute is applicable.

(b) This article does not modify or repeal any law prescribing

the form or content of a document of title or the services or

facilities to be afforded by a bailee, or otherwise regulating a

bailee’s business in respects not specifically treated in this

article. However, violation of such a law does not affect the

status of a document of title that otherwise is within the

definition of a document of title.

(c) This article modifies, limits, and supersedes the federal

Electronic Signatures in Global and National Commerce Act (15

U.S.C., Section 7001 et seq.) but does not modify, limit, or

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 397

supersede Section 101(c) of that act (15 U.S.C., Section 7001(c)) or

authorize electronic delivery of the notices described in Section

103(b).

(d) To the extent there is a conflict between any law governing

electronic transactions and this article, this article governs.
Okla. Stat. tit. 12, § 12-1236 — OK Code / Title 12 / Section 12-1236
Delivery to sheriff of attached property
Status: in_force

The court may compel the delivery to the sheriff, for sale, of

any of the attached property for which an undertaking may have been

given, and may proceed summarily, on such undertaking, to enforce

the delivery of the property, or the payment of such sum as may be

due upon the undertaking, by rules and attachments, as in cases of

contempt.

R.L. 1910, § 4857.