Okla. Stat. tit. 12A, § 12A-4A-204 — OK Code / Title 12A / Section 12A-4A-204
Refund of payment and duty of customer to report with respect to unauthorized
Status: in_force

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 11respect to unauthorized payment order.

REFUND OF PAYMENT AND DUTY OF CUSTOMER TO REPORT WITH RESPECT TO

UNAUTHORIZED PAYMENT ORDER

(a) If a receiving bank accepts a payment order issued in the

name of its customer as sender which is (i) not authorized and not

effective as the order of the customer under Section 4A-202 of this

title, or (ii) not enforceable, in whole or in part, against the

customer under Section 4A-203 of this title, the bank shall refund

any payment of the payment order received from the customer to the

extent the bank is not entitled to enforce payment and shall pay

interest on the refundable amount calculated from the date the bank

received payment to the date of the refund. However, the customer

is not entitled to interest from the bank on the amount to be

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 360

refunded if the customer fails to exercise ordinary care to

determine that the order was not authorized by the customer and to

notify the bank of the relevant facts within a reasonable time not

exceeding ninety (90) days after the date the customer received

notification from the bank that the order was accepted or that the

customer's account was debited with respect to the order. The bank

is not entitled to any recovery from the customer on account of a

failure by the customer to give notification as stated in this

section.

(b) Reasonable time under subsection (a) of this section may be

fixed by agreement as stated in subsection (b) of Section 15 of this

act, but the obligation of a receiving bank to refund payment as

stated in subsection (a) of this section may not otherwise be varied

by agreement.
Okla. Stat. tit. 12A, § 12A-2A-216 — OK Code / Title 12A / Section 12A-2A-216
Third party beneficiaries of express and implied
Status: in_force

warranties.

THIRD PARTY BENEFICIARIES OF EXPRESS AND

IMPLIED WARRANTIES

(1) A warranty to or for the benefit of a lessee under this

article, whether express or implied, extends to any natural person

who is in the family or household of the lessee or who is a guest in

the lessee's home if it is reasonable to expect that such person may

use, consume, or be affected by the goods and who is injured in

person by breach of the warranty.

(2) This section does not displace principles of law and equity

that extend a warranty to or for the benefit of a lessee to other

persons.

(3) The operation of this section may not be excluded,

modified, or limited, but an exclusion, modification, or limitation

of the warranty, including any with respect to rights and remedies,

effective against the lessee is also effective against any

beneficiary designated under this section.
Okla. Stat. tit. 12A, § 12A-2A-516 — OK Code / Title 12A / Section 12A-2A-516
Effect of Acceptance of Goods; Notice of Default;
Status: in_force

Burden of Establishing Default After Acceptance; Notice of Claim or

Litigation to Person Answerable Over.

EFFECT OF ACCEPTANCE OF GOODS; NOTICE OF DEFAULT;

BURDEN OF ESTABLISHING DEFAULT AFTER ACCEPTANCE;

NOTICE OF CLAIM OR LITIGATION TO PERSON

ANSWERABLE OVER

(1) A lessee must pay rent for any goods accepted in accordance

with the lease contract, with due allowance for goods rightfully

rejected or not delivered.

(2) A lessee's acceptance of goods precludes rejection of the

goods accepted. In the case of a finance lease, if made with

knowledge of a nonconformity, acceptance cannot be revoked because

of it. In any other case, if made with knowledge of a

nonconformity, acceptance cannot be revoked because of it unless the

acceptance was on the reasonable assumption that the nonconformity

would be seasonably cured. Acceptance does not of itself impair any

other remedy provided by this article or the lease agreement for

nonconformity.

(3) If a tender has been accepted:

(a) within a reasonable time after the lessee discovers or

should have discovered any default, the lessee shall

notify the lessor and the supplier, if any, or be

barred from any remedy against the party not notified;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 269

(b) except in the case of a consumer lease, within a

reasonable time after the lessee receives notice of

litigation for infringement or the like (Section 2A-

211 of this title) the lessee shall notify the lessor

or be barred from any remedy over for liability

established by the litigation; and

(c) the burden is on the lessee to establish any default.

(4) If a lessee is sued for breach of a warranty or other

obligation for which a lessor or a supplier is answerable over the

following apply:

(a) the lessee may give the lessor or the supplier, or

both, written notice of the litigation. If the notice

states that the person notified may come in and defend

and that if the person notified does not do so that

person will be bound in any action against that person

by the lessee by any determination of fact common to

the two litigations, then unless the person notified

after seasonable receipt of the notice does come in

and defend that person is so bound.

(b) the lessor or the supplier may demand in writing that

the lessee turn over control of the litigation

including settlement if the claim is one for

infringement or the like (Section 2A-211 of this

title) or else be barred from any remedy over. If the

demand states that the lessor or the supplier agrees

to bear all expense and to satisfy any adverse

judgment, then unless the lessee after seasonable

receipt of the demand does turn over control the

lessee is so barred.

(5) Subsections (3) and (4) of this section apply to any

obligation of a lessee to hold the lessor or the supplier harmless

against infringement or the like (Section 2A-211 of this title).
Okla. Stat. tit. 12, § 12-1655 — OK Code / Title 12 / Section 12-1655
Further relief
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 326

Further relief based upon a determination of rights, status, or

other legal relations may be granted whenever such relief becomes

necessary and proper after the determination has been made.

Application may be made by petition to any court having jurisdiction

for an order directed to any party or parties whose rights have been

determined to show cause why the further relief should not be

granted forthwith, upon reasonable notice prescribed by the court in

its order.
Okla. Stat. tit. 12A, § 12A-1-308 — OK Code / Title 12A / Section 12A-1-308
Performance or acceptance under reservation of rights
Status: reserved

Performance or Acceptance Under Reservation of Rights.

(a) A party that with explicit reservation of rights performs

or promises performance or assents to performance in a manner

demanded or offered by the other party does not thereby prejudice

the rights reserved. Such words as "without prejudice", "under

protest" or the like are sufficient.

(b) Subsection (a) of this section does not apply to an accord

and satisfaction.
Okla. Stat. tit. 12, § 12-1081 — OK Code / Title 12 / Section 12-1081
Death of party after verdict or judgment
Status: in_force

(a) If a party dies after verdict is rendered, judgment may be

rendered on the verdict although the representative or successor of

the decedent has not been substituted as a party to the action.

(b) If a plaintiff dies after verdict or after judgment and the

verdict and judgment are in his favor, his representative or

successor may be substituted for him upon motion of any party to the

action with notice to the representative or successor, or

substitution may be made upon motion of the representative or

successor of the decedent. Such motion may be made at any time

before the judgment becomes dormant but it must be made before

action is taken to enforce the judgment. A delay in substituting

Oklahoma Statutes - Title 12. Civil Procedure Page 207

the representative or successor of the decedent shall not affect the

validity of a judgment lien.

(c) If a defendant dies after verdict or after judgment and the

verdict and judgment are in favor of the plaintiff, the judgment

shall be filed with the representative of the decedent within the

time allowed for filing other claims and the judgment shall be

treated as if it has been allowed by the representative and it shall

be payable in the due course of administration.
Okla. Stat. tit. 12, § 12-1504 — OK Code / Title 12 / Section 12-1504
Answer
Status: in_force

The answers of the defendants must state, among other things,

the amount and nature of their respective interests. They may also

deny the interests of any of the plaintiffs, or any of the

defendants.

R.L. 1910, § 4943.
Okla. Stat. tit. 12, § 12-93 — OK Code / Title 12 / Section 12-93
Limitation of real actions
Status: in_force

Actions for the recovery of real property, or for the

determination of any adverse right or interest therein, can only be

brought within the periods hereinafter prescribed, after the cause

of action shall have accrued, and at no other time thereafter:

(1) An action for the recovery of real property sold on

execution, or for the recovery of real estate partitioned by

judgment in kind, or sold, or conveyed pursuant to partition

proceedings, or other judicial sale, or an action for the recovery

of real estate distributed under decree of district court in

administration or probate proceedings, when brought by or on behalf

of the execution debtor or former owner, or his or their heirs, or

any person claiming under him or them by title acquired after the

date of the judgment or by any person claiming to be an heir or

devisee of the decedent in whose estate such decree was rendered, or

claiming under, as successor in interest, any such heir or devisee,

within five (5) years after the date of the recording of the deed

made in pursuance of the sale or proceeding, or within five (5)

years after the date of the entry of the final judgment of partition

in kind where no sale is had in the partition proceedings; or within

five (5) years after the recording of the decree of distribution

rendered by the district court in an administration or probate

proceeding; provided, however, that where any such action pertains

to real estate distributed under decree of district court in

administration or probate proceedings and would at the passage of

this act be barred by the terms hereof, such action may be brought

within one (1) year after the passage of this act; this proviso

shall not be construed to revive any action barred by paragraph 4 of

this section.

(2) An action for the recovery of real property sold by

executors, administrators, or guardians, upon an order or judgment

of a court directing such sale, brought by the heirs or devisees of

the deceased person, or the ward of his guardian, or any person

claiming under any or either of them, by the title acquired after

the date of judgment or order, within five (5) years after the date

of recording of the deed made in pursuance of the sale.

(3) An action for the recovery of real property sold for taxes,

within five (5) years after the date of the recording of the tax

deed, except where lands exempt from taxation by reason of any Act

of the Congress of the United States of America have been sold for

taxes, in which case there shall be no limitation; provided, nothing

herein shall be construed as reviving any cause of action for

recovery of real property heretofore barred nor as divesting any

interest acquired by adverse possession prior to the effective date

hereof.

Oklahoma Statutes - Title 12. Civil Procedure Page 54

(4) An action for the recovery of real property not hereinbefore

provided for, within fifteen (15) years.

(5) An action for the forcible entry and detention or forcible

detention only of real property, within two (2) years.

(6) Numbered paragraphs 1, 2, and 3 shall be fully operative

regardless of whether the deed or judgment or the precedent action

or proceeding upon which such deed or judgment is based is void or

voidable in whole or in part, for any reason, jurisdictional or

otherwise; provided that this paragraph shall not be applied so as

to bar causes of action which have heretofore accrued, until the

expiration of one (1) year from and after its effective date.

R.L. 1910, § 4655. Amended by Laws 1945, p. 37, § 1; Laws 1949, p.

95, § 1; Laws 1961, p. 59, § 1, emerg. eff. July 26, 1961.
Okla. Stat. tit. 12, § 12-1458 — OK Code / Title 12 / Section 12-1458
Failure to answer - New matter in answer not conclusive
Status: in_force

If no answer be made, a peremptory mandamus must be allowed

against the defendant; if answer be made, containing new matter, the

same shall not, in any respect, conclude the plaintiff, who may, on

the trial or other proceeding, avail himself of any valid objections

to its sufficiency, or may countervail it by proof, either in direct

denial or by way of avoidance.

R.L. 1910, § 4914.

Oklahoma Statutes - Title 12. Civil Procedure Page 298
Okla. Stat. tit. 12A, § 12A-1-301 — OK Code / Title 12A / Section 12A-1-301
Territorial applicability - Parties’ power to choose
Status: in_force

applicable law.

Territorial Applicability; Parties' Power to Choose Applicable

Law.

(a) Except as provided hereafter in this section, when a

transaction bears a reasonable relation to this state and also to

another state or nation, the parties may agree that the law either

of this state or of such other state or nation shall govern their

rights and duties. Failing such agreement, this title applies to

transactions bearing an appropriate relation to this state.

(b) To the extent that the Uniform Commercial Code governs a

transaction, if one of the following provisions of the Uniform

Commercial Code specifies the applicable law, that provision governs

and a contrary agreement is effective only to the extent permitted

by the law so specified:

(1) Section 2-402 of this title;

(2) Sections 2A-105 and 2A-106 of this title;

(3) Section 4-102 of this title;

(4) Section 4A-507 of this title;

(5) Section 5-116 of this title;

(6) Section 8-110 of this title;

(7) Sections 1-9-301 through 1-9-307 of this title; and

(8) Section 12-107 of this title.
Okla. Stat. tit. 12, § 12-1556 — OK Code / Title 12 / Section 12-1556
Disposition of property litigated
Status: in_force

When it is admitted, by the pleading or oral examination of a

party, that he has in his possession or under his control any money

or other thing capable of delivery, which, being the subject of

litigation, is held by him as trustee for another party, or which

belongs or is due to another party, the court may order the same to

be deposited in court or delivered to such party, with or without

security, subject to the further direction of the court.

R.L. 1910, § 4984.
Okla. Stat. tit. 12, § 12-727 — OK Code / Title 12 / Section 12-727
Interest on judgments rendered on or after January 1,
Status: in_force

2000, but before January 1, 2005.

POSTJUDGMENT INTEREST

A. 1. Except as otherwise provided by this section, all

judgments of courts of record, including costs and attorney fees

authorized by statute or otherwise and allowed by the court, shall

bear interest at a rate prescribed pursuant to this section.

Oklahoma Statutes - Title 12. Civil Procedure Page 131

2. Costs and attorney fees allowed by the court shall bear

interest from the earlier of the date the judgment or order is

pronounced, if expressly stated in the written judgment or order

awarding the costs and attorney fees, or the date the judgment or

order is filed with the court clerk.

B. Judgments, including costs and attorney fees authorized by

statute or otherwise and allowed by the court, against this state or

its political subdivisions, including counties, municipalities,

school districts, and public trusts of which this state or a

political subdivision of this state is a beneficiary, shall bear

interest during the term of judgment at a rate prescribed pursuant

to this section, but not to exceed ten percent (10%), from the date

of rendition. No judgment against this state or its political

subdivisions, including counties, municipalities, school districts,

and public trusts of which this state or a political subdivision of

this state is a beneficiary, inclusive of postjudgment interest,

shall exceed the total amount of liability of the governmental

entity pursuant to The Governmental Tort Claims Act.

C. The postjudgment interest authorized by subsection A or

subsection B of this section shall accrue from the earlier of the

date the judgment is rendered as expressly stated in the judgment,

or the date the judgment is filed with the court clerk, and shall

initially accrue at the rate in effect for the calendar year during

which the judgment is rendered until the end of the calendar year in

which the judgment was rendered, or until the judgment is paid,

whichever first occurs. Beginning on the first day of January of

the next succeeding calendar year until the end of that calendar

year, or until the judgment is paid, whichever first occurs, the

judgment, together with postjudgment interest previously accrued,

shall bear interest at the rate in effect for judgments rendered

during that calendar year as certified by the Administrative

Director of the Courts pursuant to subsection I of this section.

For each succeeding calendar year, or part of a calendar year,

during which a judgment remains unpaid, the judgment, together with

postjudgment interest previously accrued, shall bear interest at the

rate in effect for judgments rendered during that calendar year as

certified by the Administrative Director of the Courts pursuant to

subsection I of this section. A separate computation using the

interest rate in effect for judgments as provided by subsection I of

this section shall be made for each calendar year, or part of a

calendar year, during which the judgment remains unpaid in order to

determine the total amount of interest for which the judgment debtor

is liable. The postjudgment interest rate for each calendar year or

part of a calendar year a judgment remains unpaid shall be

multiplied by the original amount of the judgment, including any

prejudgment interest, together with postjudgment interest previously

accrued. Interest shall accrue on a judgment in the manner

Oklahoma Statutes - Title 12. Civil Procedure Page 132

prescribed by this subsection until the judgment is satisfied or

released.

D. If a rate of interest is specified in a contract, the rate

specified shall apply and be stated in the journal entry of

judgment. The rate of interest shall not exceed the lawful rate for

that obligation. Postjudgment interest shall be calculated and

accrued in the same manner as prescribed in subsection C of this

section.

PREJUDGMENT INTEREST

E. Except as provided by subsection F of this section, if a

verdict for damages by reason of personal injuries or injury to

personal rights including, but not limited to, injury resulting from

bodily restraint, personal insult, defamation, invasion of privacy,

injury to personal relations, or detriment due to an act or omission

of another is accepted by the trial court, the court in rendering

judgment shall add interest on the verdict at a rate prescribed

pursuant to subsection I of this section from the date the suit

resulting in the judgment was commenced to the earlier of the date

the verdict is accepted by the trial court as expressly stated in

the judgment, or the date the judgment is filed with the court

clerk. The interest rate for computation of prejudgment interest

shall begin with the rate prescribed by subsection I of this section

which is in effect for the calendar year in which the suit resulting

in the judgment is commenced. This rate shall be in effect until

the end of the calendar year in which the suit resulting in judgment

was filed or until the date judgment is filed, whichever first

occurs. Beginning on the first day of January of the next

succeeding calendar year until the end of that calendar year, or

until the date the judgment is filed, whichever first occurs, and

for each succeeding calendar year thereafter, the prejudgment

interest rate shall be the rate in effect for judgments rendered

during each calendar year as certified by the Administrative

Director of the Courts pursuant to subsection I of this section.

After the computation of all prejudgment interest has been

completed, the total amount of prejudgment interest shall be added

to the amount of the judgment rendered pursuant to the trial of the

action, and the total amount of the resulting judgment shall become

the amount upon which postjudgment interest is computed pursuant to

subsection A of this section.

F. If a verdict of the type described by subsection E of this

section is rendered against this state or its political

subdivisions, including counties, municipalities, school districts,

and public trusts of which this state or a political subdivision of

this state is a beneficiary, the judgment shall bear interest at the

rate prescribed pursuant to subsection I of this section, but not to

exceed ten percent (10%) from the date the suit was commenced to the

earlier of the date the verdict is accepted by the trial court as

Oklahoma Statutes - Title 12. Civil Procedure Page 133

expressly stated in the judgment or the date the judgment is filed

with the court clerk. The interest rate for computation of

prejudgment interest shall begin with the rate prescribed by

subsection I of this section which is in effect for the calendar

year in which the suit resulting in the judgment is commenced. This

rate shall be in effect until the end of the calendar year in which

the suit resulting in judgment was filed or until the date the

judgment is rendered as expressly stated in the judgment, whichever

first occurs. Beginning on the first day of January of the next

succeeding calendar year until the end of that calendar year, or

until the date judgment is rendered, whichever first occurs, and for

each succeeding calendar year thereafter, the prejudgment interest

rate shall be the rate in effect for judgments rendered during each

calendar year as certified by the Administrative Director of the

Courts pursuant to subsection I of this section. After the

computation of prejudgment interest has been completed, the amount

shall be added to the amount of the judgment rendered pursuant to

the trial of the action, and the total amount of the resulting

judgment shall become the amount upon which postjudgment interest is

computed pursuant to subsection B of this section. No award of

prejudgment interest against this state or its political

subdivisions, including counties, municipalities, school districts,

and public trusts of which this state or a political subdivision of

this state is a beneficiary, including the amount of the judgment

awarded pursuant to trial of the action, shall exceed the total

amount of liability of the governmental entity pursuant to The

Governmental Tort Claims Act.

G. If exemplary or punitive damages are awarded in an action

for personal injury or injury to personal rights including, but not

limited to, injury resulting from bodily restraint, personal insult,

defamation, invasion of privacy, injury to personal relations, or

detriment due to an act or omission of another, the interest on

that award shall begin to accrue from the earlier of the date the

judgment is rendered as expressly stated in the judgment, or the

date the judgment is filed with the court clerk.

H. If a judgment is rendered establishing the existence of a

lien against property and no rate of interest exists, the court

shall allow prejudgment interest at a rate prescribed pursuant to

subsection I of this section from the date the lien is filed to the

date of verdict.

I. For purposes of computing either postjudgment interest or

prejudgment interest as authorized by this section, interest shall

be determined using a rate equal to the average United States

Treasury Bill rate of the preceding calendar year as certified to

the Administrative Director of the Courts by the State Treasurer on

the first regular business day in January of each year, plus four

percentage points.

Oklahoma Statutes - Title 12. Civil Procedure Page 134

J. For purposes of computing postjudgment interest, the

provisions of this section, including the amendments prescribed by

Chapter 320, O.S.L. 1997, shall be applicable to all judgments of

the district courts rendered on or after January 1, 2000 but before

January 1, 2005. Until January 1, 2005, the method for computing

postjudgment interest prescribed by this section shall be applicable

to all judgments remaining unpaid rendered prior to January 1, 2000.

K. For purposes of computing prejudgment interest, the

provisions of this section, including the amendments prescribed by

Chapter 320, O.S.L. 1997, shall be applicable to all actions which

are filed in the district courts on or after January 1, 2000, but

before January 1, 2005, for which an award of prejudgment interest

is authorized by the provisions of this section.
Okla. Stat. tit. 12, § 12-3235 — OK Code / Title 12 / Section 12-3235
Physical and mental examination of persons
Status: in_force

A. SCOPE WHEN ELEMENT OF CLAIM OR DEFENSE. When the physical,

including the blood group, or mental condition of a party or of a

person in custody or under the legal control of a party, is in

controversy in any proceeding in which the person relies upon that

condition as an element of his claim or defense, an adverse party

may take a physical or mental examination of such person.

B. PROCEDURE WHEN ELEMENT OF CLAIM OR DEFENSE. The party

desiring to take the physical or mental examination of another party

or of a person in custody or control of another party within the

scope of subsection A of this section shall serve his request upon

the person to be examined and all other parties. The request shall

specify the time, place, manner, conditions and scope of the

examination and the person or persons by whom it is to be made.

No request shall be served until thirty (30) days after service

of summons and petition upon the defendant. The request shall set a

time for the examination not less than five (5) days after service

of the notice.

If the party or person in custody or control of the party who is

to be examined objects to the physical or mental examination then he

shall file a motion objecting to the examination and setting out the

reasons why his mental or physical condition is not in controversy

or such person may apply for a protective order under the provisions

of subsection C of Section 3226 of this title. The burden of proof

is upon the person objecting to the examination or requesting a

protective order. The court may set the conditions for examination

or refuse to permit such examination if the mental or physical

condition is not in controversy. If the party or the person in

custody or control of the party refuses to obey the court order to

submit to a physical or mental examination the court may impose

those sanctions provided for in paragraph 4 of subsection A and

paragraph 2 of subsection B of Section 3237 of this title.

Oklahoma Statutes - Title 12. Civil Procedure Page 530

If the motion is granted to prohibit the examination, the court

may impose those sanctions provided for in paragraph 4 of subsection

A of Section 3237 of this title upon the party requesting the

examination.

C. ORDER FOR EXAMINATION. When the physical, including the

blood group, or mental condition of a party, or a person in the

custody or under the legal control of a party, is in controversy but

does not meet the conditions set forth in subsection A of this

section, the court in which the action is pending may order the

party to submit to a physical or mental examination by a suitably

licensed or certified examiner or to produce for such examination

the agent, employee or person in his custody or legal control. The

order may be made only on motion for good cause shown and upon

notice to the person to be examined and to all parties. The order

shall specify the time, place, manner, conditions and scope of the

examination and the person or persons by whom it is to be made.

D. REPRESENTATIVE MAY BE PRESENT. A representative of the

person to be examined may be present at the examination.

E. REPORT OF EXAMINER.

1. If requested by the party or the person examined under this

section, the party causing the examination to be made shall deliver

to him a copy of a detailed written report of the examiner setting

out his findings, including results of all tests made, diagnoses and

conclusions, together with the like reports of all earlier

examinations of the same condition. After delivery, the party

causing the examination shall be entitled upon request to receive

from the party or person against whom the order is made a like

report of any examination, previously or thereafter made, of the

same condition, unless, in the case of a report of examination of a

person not a party, the party shows that he is unable to obtain it.

The court on motion may enter an order against a party requiring

delivery of a report on such terms as are just. If an examiner

fails or refuses to make a report the court may exclude his

testimony if offered at the trial.

2. If the physician or psychotherapist-patient privilege has

not already been waived as provided in the Oklahoma Evidence Code

requesting and obtaining a report of the examination made or by

taking the deposition of the examiner, the party examined waives any

privilege he may have in that action or any other involving the same

controversy, regarding the testimony of every other person who has

examined or may thereafter examine him in respect of the same

physical or mental condition.

3. This subsection applies to examinations made by agreement of

the parties, unless the agreement expressly provides otherwise.

This subsection does not preclude discovery of a report of an

examiner or the taking of a deposition of the examiner in accordance

Oklahoma Statutes - Title 12. Civil Procedure Page 531

with the provisions of any other section of the Oklahoma Discovery

Code.
Okla. Stat. tit. 12, § 12-1443.1 — OK Code / Title 12 / Section 12-1443.1
Privileged communication defined - Exemption from
Status: in_force

libel.

A. A privileged publication or communication is one made:

First. In any legislative or judicial proceeding or any other

proceeding authorized by law;

Second. In the proper discharge of an official duty;

Third. By a fair and true report of any legislative or judicial

or other proceeding authorized by law, or anything said in the

course thereof, and any and all expressions of opinion in regard

thereto, and criticisms thereon, and any and all criticisms upon the

official acts of any and all public officers, except where the

matter stated of and concerning the official act done, or of the

officer, falsely imputes crime to the officer so criticized.

B. No publication which under this section would be privileged

shall be punishable as libel.
Okla. Stat. tit. 12A, § 12A-1-9-402 — OK Code / Title 12A / Section 12A-1-9-402
Secured party not obligated on contract of debtor or
Status: in_force

in tort.

SECURED PARTY NOT OBLIGATED ON

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 97

CONTRACT OF DEBTOR OR IN TORT

The existence of a security interest, agricultural lien, or

authority given to a debtor to dispose of or use collateral, without

more, does not subject a secured party to liability in contract or

tort for the debtor’s acts or omissions.
Okla. Stat. tit. 12, § 12-816 — OK Code / Title 12 / Section 12-816
Forwarding of proceeds of execution by mail
Status: in_force

No sheriff shall forward, by mail any money made on any such

execution, unless he shall be especially instructed to do it by the

plaintiff, his agent or attorney of record.

R.L. 1910, § 5185. Amended by Laws 1990, c. 185, § 5, eff. Sept. 1,

1990.
Okla. Stat. tit. 12A, § 12A-1-9-333 — OK Code / Title 12A / Section 12A-1-9-333
Priority of certain liens arising by operation of
Status: in_force

law.

PRIORITY OF CERTAIN LIENS ARISING BY OPERATION OF LAW

(a) In this section, “possessory lien” means an interest, other

than a security interest or an agricultural lien:

(1) which secures payment or performance of an obligation for

services or materials furnished with respect to goods by a person in

the ordinary course of the person’s business;

(2) which is created by statute or rule of law in favor of the

person; and

(3) whose effectiveness depends on the person’s possession of

the goods.

(b) A possessory lien on goods has priority over a security

interest in the goods unless the lien is created by a statute that

expressly provides otherwise.
Okla. Stat. tit. 12, § 12-2507 — OK Code / Title 12 / Section 12-2507
Political vote
Status: in_force

A. Every person has a privilege to refuse to disclose the tenor

of the person’s vote at a political election conducted by secret

ballot.

B. This privilege does not apply if the court finds that the

vote was cast illegally.
Okla. Stat. tit. 12, § 12-663 — OK Code / Title 12 / Section 12-663
Trial docket
Status: in_force

A trial docket shall be made out by the clerk of court, at least

twelve (12) days before the first day of each term of the court, and

the actions shall be set for particular days in the order prescribed

by the judge of the court, and so arranged that the cases set for

each day shall be considered as nearly as may be on that day.

R.L. 1910, § 5040.
Okla. Stat. tit. 12, § 12-1355 — OK Code / Title 12 / Section 12-1355
Deposit or security costs not required for initial
Status: in_force

application - Payment of court costs required.

No deposit or security for costs shall be required of an

applicant for the initial application for a writ of habeas corpus.

An applicant for a writ of habeas corpus shall be required to pay

court costs pursuant to the procedures provided in Section 566.3 of

Title 57 of the Oklahoma Statutes.

R.L. 1910, § 4906. Amended by Laws 2004, c. 168, § 3, emerg. eff.

April 27, 2004.
Okla. Stat. tit. 12A, § 12A-7-508 — OK Code / Title 12A / Section 12A-7-508
Warranties of collecting bank as to documents of title
Status: in_force

Warranties of Collecting Bank as to Documents of Title.

A collecting bank or other intermediary known to be entrusted

with documents of title on behalf of another or with collection of a

draft or other claim against delivery of documents warrants by the

delivery of the documents only its own good faith and authority even

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 418

if the collecting bank or other intermediary has purchased or made

advances against the claim or draft to be collected.
Okla. Stat. tit. 12, § 12-718.2 — OK Code / Title 12 / Section 12-718.2
Definitions
Status: in_force

As used in the Uniform Foreign-Country Money Judgments

Recognition Act:

1. “Foreign country” means a government other than:

a. the United States,

b. a state, district, commonwealth, territory, or insular

possession of the United States, or

c. any other government with regard to which the decision

in this state as to whether to recognize a judgment of

the courts of that government is initially subject to

determination under the Full Faith and Credit Clause

of the United States Constitution; and

2. “Foreign-country judgment” means a judgment of a court of a

foreign country.
Okla. Stat. tit. 12, § 12-140.1 — OK Code / Title 12 / Section 12-140.1
Transfer of case to other county
Status: in_force

When the court orders the transfer of a case upon a showing by a

party that the venue is or should be in some other county, the clerk

of the court shall prepare a transcript of all the papers filed,

orders entered, and a bill of the costs accrued. The clerk shall

collect a new filing fee and shall forthwith transmit by certified

mail such files and transcript of the cause and the filing fee which

shall be due to the clerk of the court to which transfer is ordered.

Unless otherwise ordered by the court, the plaintiff shall be

responsible for appropriate filing fees when a case is brought in

the wrong venue and transferred to a court having proper venue. In

all other instances, the moving party shall be responsible for fees.

The fees for the transfer shall be paid within ten (10) days of the

transfer order.
Okla. Stat. tit. 12, § 12-1503 — OK Code / Title 12 / Section 12-1503
Creditors may be made parties
Status: in_force

Creditors having a specific or general lien upon all or any

portion of the property, may be made parties.

R.L. 1910, § 4942.
Okla. Stat. tit. 12A, § 12A-3-301 — OK Code / Title 12A / Section 12A-3-301
Person Entitled to Enforce Instrument
Status: in_force

PERSON ENTITLED TO ENFORCE INSTRUMENT

"Person entitled to enforce" an instrument means (i) the holder

of the instrument, (ii) a nonholder in possession of the instrument

who has the rights of a holder, or (iii) a person not in possession

of the instrument who is entitled to enforce the instrument pursuant

to Section 3-309 or subsection (d) of Section 3-418 of this title.

A person may be a person entitled to enforce the instrument even

though the person is not the owner of the instrument or is in

wrongful possession of the instrument.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 296
Okla. Stat. tit. 12A, § 12A-4-403 — OK Code / Title 12A / Section 12A-4-403
Customer's Right to Stop Payment; Burden of Proof of
Status: in_force

Loss.

CUSTOMER'S RIGHT TO STOP PAYMENT; BURDEN OF PROOF OF LOSS

(a) A customer or any person authorized to draw on the account

if there is more than one person may stop payment of any item drawn

on the customer's account or close the account by an order to the

bank describing the item or account with reasonable certainty

received at a time and in a manner that affords the bank a

reasonable opportunity to act on it before any action by the bank

with respect to the item described in Section 4-303 of this title.

If the signature of more than one person is required to draw on an

account, any of these persons may stop payment or close the account.

(b) A stop-payment order is effective for six (6) months, but

it lapses after fourteen (14) calendar days if the original order

was oral and was not confirmed in a record within that period. A

stop-payment order may be renewed for additional six-month periods

by a record given to the bank within a period during which the stop-

payment order is effective.

(c) The burden of establishing the fact and amount of loss

resulting from the payment of an item contrary to a stop-payment

order or order to close an account is on the customer. The loss

from payment of an item contrary to a stop-payment order may include

damages for dishonor of subsequent items under Section 4-402 of this

title.
Okla. Stat. tit. 12A, § 12A-2-311 — OK Code / Title 12A / Section 12A-2-311
Options and Cooperation Respecting Performance
Status: in_force

(1) An agreement for sale which is otherwise sufficiently

definite (subsection (3) of Section 2-204) to be a contract is not

made invalid by the fact that it leaves particulars of performance

to be specified by one of the parties. Any such specification must

be made in good faith and within limits set by commercial

reasonableness.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 197

(2) Unless otherwise agreed specifications relating to

assortment of the goods are at the buyer's option and except as

otherwise provided in subsections (1) (c) and (3) of Section 2-319

specifications or arrangements relating to shipment are at the

seller's option.

(3) Where such specification would materially affect the other

party's performance but is not seasonably made or where one party's

co-operation is necessary to the agreed performance of the other but

is not seasonably forthcoming, the other party in addition to all

other remedies

(a) is excused for any resulting delay in his own

performance; and

(b) may also either proceed to perform in any reasonable

manner or after the time for a material part of his own performance

treat the failure to specify or to cooperate as a breach by failure

to deliver or accept the goods.
Okla. Stat. tit. 12, § 12-1085 — OK Code / Title 12 / Section 12-1085
Death of nonresident
Status: in_force

When a nonresident who is subject to the jurisdiction of a court

of this state dies, the action shall continue and his personal

representative shall be substituted as a party to the action

although he was appointed as personal representative in some other

jurisdiction if

(1) the personal representative is served in this state with

notice of his substitution as a party to the action; or,

(2) the cause of action arose in this state and the personal

representative is given actual notice by mail or by personal service

outside of this state of his substitution as a party to the action;

(3) the action may continue as a proceeding in rem if a

reasonable effort is made to notify the personal representative of

the existence of the action.
Okla. Stat. tit. 12, § 12-2607 — OK Code / Title 12 / Section 12-2607
Who may impeach
Status: in_force

The credibility of a witness may be attacked by any party,

including the party calling the witness.
Okla. Stat. tit. 12A, § 12A-8-406 — OK Code / Title 12A / Section 12A-8-406
Authenticating Trustee, Transfer Agent, and Registrar
Status: in_force

Authenticating Trustee, Transfer Agent, and Registrar.

A person acting as authenticating trustee, transfer agent,

registrar, or other agent for an issuer in the registration of a

transfer of its securities, in the issue of new security

certificates or uncertificated securities, or in the cancellation of

surrendered: security certificates has the same obligation to the

holder or owner of a certificated or uncertificated security with

regard to the particular functions performed as the issuer has in

regard to those functions.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 449
Okla. Stat. tit. 12, § 12-104 — OK Code / Title 12 / Section 12-104
Claims arising outside state - "Claim" defined
Status: in_force

As used in this act, "claim" means any right of action which may

be asserted in a civil action or proceeding and includes, but is not

limited to, a right of action created by statute.
Okla. Stat. tit. 12, § 12-1441 — OK Code / Title 12 / Section 12-1441
Libel defined
Status: in_force

Libel is a false or malicious unprivileged publication by

writing, printing, picture, or effigy or other fixed representation

to the eye, which exposes any person to public hatred, contempt,

ridicule or obloquy, or which tends to deprive him of public

confidence, or to injure him in his occupation, or any malicious

publication as aforesaid, designed to blacken or vilify the memory

of one who is dead, and tending to scandalize his surviving

relatives or friends.

R.L. 1910, §§ 2380, 4956.
Okla. Stat. tit. 12, § 12-1148.4 — OK Code / Title 12 / Section 12-1148.4
Issuance and return of summons - Content - Amending
Status: in_force

pleading to conform to evidence.

The summons shall be issued and returned as in other cases,

except that it shall command the sheriff, or other person serving

it, to summon the defendant to appear for trial at the time and

place specified therein, which time shall be not less than five (5)

days nor more than ten (10) days from the date that the summons is

issued. The summons shall apprise the defendant of the nature of the

claim that is being asserted against him; and there shall be

endorsed upon the summons the relief sought and the amount for which

the plaintiff will take judgment if the defendant fails to appear.

In all cases, pleadings may be amended to conform to the evidence.
Okla. Stat. tit. 12, § 12-421 — OK Code / Title 12 / Section 12-421
Modes of taking testimony
Status: in_force

The testimony of witnesses is taken in three modes:

First. By affidavits.

Second. By deposition.

Third. By oral examination.

R.L. 1910, § 5067.
Okla. Stat. tit. 12, § 12-614 — OK Code / Title 12 / Section 12-614
Trial before referee - Report
Status: in_force

A trial before referees is conducted in the same manner as a

trial by the court. They have the same power as the court to summon

and enforce the attendance of witnesses, to administer all necessary

oaths in the trial of the case, and to grant adjournments, upon such

trial. They must state the facts found and the conclusions of law

separately, and their decisions must be given, and may be excepted

to and reviewed in like manner. The report of the referees upon the

whole issue stands as the decision of the court, and judgment may be

entered thereon in the same manner as if the action had been tried

by the court. When the referee is to report the facts, the report

has the effect of a special verdict.

R.L. 1910, § 5020.
Okla. Stat. tit. 12, § 12-718.7 — OK Code / Title 12 / Section 12-718.7
Effect of recognition of foreign-country judgment
Status: in_force

If the court in a proceeding under Section 6 of this act finds

that the foreign-country judgment is entitled to recognition under

the Uniform Foreign-Country Money Judgments Recognition Act then, to

the extent that the foreign-country judgment grants or denies

recovery of a sum of money, the foreign-country judgment is:

1. Conclusive between the parties to the same extent as the

judgment of a sister state entitled to full faith and credit in this

state would be conclusive; and

2. Enforceable in the same manner and to the same extent as a

judgment rendered in this state.
Okla. Stat. tit. 12, § 12-1600.7 — OK Code / Title 12 / Section 12-1600.7
Renumbered as § 307 of Title 43 by Laws 1990, c. 188, §
Status: in_force

3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12A, § 12A-9-307.1 — OK Code / Title 12A / Section 12A-9-307.1
Renumbered as § 1-9-320.1 of this title by Laws 2000,
Status: in_force

c. 371, § 183, eff. July 1, 2001.
Okla. Stat. tit. 12A, § 12A-1-9-403 — OK Code / Title 12A / Section 12A-1-9-403
Agreement not to assert defenses against assignee
Status: in_force

AGREEMENT NOT TO ASSERT DEFENSES AGAINST ASSIGNEE

(a) In this section, “value” has the meaning provided in

subsection (a) of Section 3-303 of this title.

(b) Except as otherwise provided in this section, an agreement

between an account debtor and an assignor not to assert against an

assignee any claim or defense that the account debtor may have

against the assignor is enforceable by an assignee that takes an

assignment:

(1) for value;

(2) in good faith;

(3) without notice of a claim of a property or possessory right

to the property assigned; and

(4) without notice of a defense or claim in recoupment of the

type that may be asserted against a person entitled to enforce a

negotiable instrument under subsection (a) Section 3-305 of this

title.

(c) Subsection (b) of this section does not apply to defenses

of a type that may be asserted against a holder in due course of a

negotiable instrument under subsection (b) of Section 3-305 of this

title.

(d) In a consumer transaction, if a record evidences the

account debtor’s obligation, law other than this article requires

that the record include a statement to the effect that the rights of

an assignee are subject to claims or defenses that the account

debtor could assert against the original obligee, and the record

does not include such a statement:

(1) the record has the same effect as if the record included

such a statement; and

(2) the account debtor may assert against an assignee those

claims and defenses that would have been available if the record

included such a statement.

(e) This section is subject to law other than this article

which establishes a different rule for an account debtor who is an

individual and who incurred the obligation primarily for personal,

family, or household purposes.

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

section, this section does not displace law other than this article

which gives effect to an agreement by an account debtor not to

assert a claim or defense against an assignee.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 98
Okla. Stat. tit. 12A, § 12A-4A-305 — OK Code / Title 12A / Section 12A-4A-305
Liability for late or improper execution or failure to
Status: in_force

execute payment order.

LIABILITY FOR LATE OR IMPROPER EXECUTION OR FAILURE TO

EXECUTE PAYMENT ORDER

(a) If a funds transfer is completed but execution of a payment

order by the receiving bank in breach of Section 22 of this act

results in delay in payment to the beneficiary, the bank is obliged

to pay interest to either the originator or the beneficiary of the

funds transfer for the period of delay caused by the improper

execution. Except as provided in subsection (c) of this section,

additional damages are not recoverable.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 371

(b) If execution of a payment order by a receiving bank in

breach of Section 22 of this act results in (i) noncompletion of the

funds transfer, (ii) failure to use an intermediary bank designated

by the originator, or (iii) issuance of a payment order that does

not comply with the terms of the payment order of the originator,

the bank is liable to the originator for its expenses in the funds

transfer and for incidental expenses and interest losses, to the

extent not covered by subsection (a) of this section, resulting from

the improper execution. Except as provided in subsection (c) of

this section, additional damages are not recoverable.

(c) In addition to the amounts payable under subsections (a)

and (b) of this section, damages, including consequential damages,

are recoverable to the extent provided in an express agreement of

the receiving bank, evidenced by a record.

(d) If a receiving bank fails to execute a payment order it was

obliged by express agreement to execute, the receiving bank is

liable to the sender for its expenses in the transaction and for

incidental expenses and interest losses resulting from the failure

to execute. Additional damages, including consequential damages,

are recoverable to the extent provided in an express agreement of

the receiving bank, evidenced by a record, but are not otherwise

recoverable.

(e) Reasonable attorney fees are recoverable if demand for

compensation under subsection (a) or (b) of this section is made and

refused before an action is brought on the claim. If a claim is

made for breach of an agreement under subsection (d) of this section

and the agreement does not provide for damages, reasonable attorney

fees are recoverable if demand for compensation under subsection (d)

of this section is made and refused before an action is brought on

the claim.

(f) Except as stated in this section, the liability of a

receiving bank under subsections (a) and (b) of this section may not

be varied by agreement.
Okla. Stat. tit. 12A, § 12A-3-106 — OK Code / Title 12A / Section 12A-3-106
Unconditional Promise or Order
Status: in_force

UNCONDITIONAL PROMISE OR ORDER

(a) Except as provided in this section, for the purposes of

subsection (a) of Section 3-104 of this title, a promise or order is

unconditional unless it states (i) an express condition to payment,

(ii) that the promise or order is subject to or governed by another

record, or (iii) that rights or obligations with respect to the

promise or order are stated in another record. A reference to

another record does not of itself make the promise or order

conditional.

(b) A promise or order is not made conditional (i) by a

reference to another record for a statement of rights with respect

to collateral, prepayment, or acceleration, or (ii) because payment

is limited to resort to a particular fund or source.

(c) If a promise or order requires, as a condition to payment,

a countersignature by a person whose specimen signature appears on

the promise or order, the condition does not make the promise or

order conditional for the purposes of subsection (a) of Section 3-

104 of this title. If the person whose specimen signature appears

on an instrument fails to countersign the instrument, the failure to

countersign is a defense to the obligation of the issuer, but the

failure does not prevent a transferee of the instrument from

becoming a holder of the instrument.

(d) If a promise or order at the time it is issued or first

comes into possession of a holder contains a statement, required by

applicable statutory or administrative law, to the effect that the

rights of a holder or transferee are subject to claims or defenses

that the issuer could assert against the original payee, the promise

or order is not thereby made conditional for the purposes of

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 285

subsection (a) of Section 3-104 of this title; but if the promise or

order is an instrument, there cannot be a holder in due course of

the instrument.
Okla. Stat. tit. 12, § 12-1434 — OK Code / Title 12 / Section 12-1434
Time limit for ruling on motion – Standard of proof
Status: in_force

A. The court shall rule on a motion filed pursuant to Section 3

of the Oklahoma Citizens Participation Act no later than thirty (30)

days following the date of the hearing on the motion.

B. Except as provided by subsection C of this section, on the

motion of a party filed pursuant to Section 3 of this act, a court

shall dismiss a legal action against the moving party if the moving

party shows by a preponderance of the evidence that the legal action

is based on, relates to or is in response to the party's exercise

of:

1. The right of free speech;

2. The right to petition; or

3. The right of association.

C. The court shall not dismiss a legal action under this

section if the party filing the legal action establishes by clear

and specific evidence a prima facie case for each essential element

of the claim in question.

D. Notwithstanding the provisions of subsection C of this

section, the court shall dismiss a legal action against the moving

party if the moving party establishes by a preponderance of the

evidence each essential element of a valid defense to the

nonmovant's claim.
Okla. Stat. tit. 12A, § 12A-8-203 — OK Code / Title 12A / Section 12A-8-203
Staleness as Notice of Defects or Defenses
Status: in_force

Staleness as Notice of Defects or Defenses.

After an act or event, other than a call that has been revoked,

creating a right to immediate performance of the principal

obligation represented by a certificated security or setting a date

on or after which the security is to be presented or surrendered for

redemption or exchange, a purchaser is charged with notice of any

defect in its issue or defense of the issuer, if the act or event:

(1) requires the payment of money, the delivery of a

certificated security, the registration of transfer of

an uncertificated security, or any of them on

presentation or surrender of the security certificate,

the money or security is available on the date set for

payment or exchange, and the purchaser takes the

security more than one (1) year after that date; or

(2) is not covered by paragraph (1) of this subsection and

the purchaser takes the security more than two (2)

years after the date set for surrender or presentation

or the date on which performance became due.
Okla. Stat. tit. 12, § 12-1389 — OK Code / Title 12 / Section 12-1389
Injunction not granted where motion overruled on merits -
Status: in_force

Inferior court not to grant.

No injunction shall be granted by a judge, after a motion

therefor has been overruled on the merits of the application, by his

court; and where it has been refused by the court in which the

action is brought, or a judge thereof, it shall not be granted to

the same applicant, by a court of inferior jurisdiction, or any

judge thereof.

R.L. 1910, § 4874.
Okla. Stat. tit. 12, § 12-812 — OK Code / Title 12 / Section 12-812
Action against clerk of court for refusal or neglect to
Status: in_force

pay over money - Notice.

A. If any clerk of a court shall neglect or refuse on demand

made by the person entitled thereto, his agent or attorney of

record, to pay over all money by him received in his official

capacity, for the use of such persons, the party aggrieved by the

alleged neglect or refusal may file an action in district court to

recover damages sustained.

B. Before an aggrieved party shall proceed in an action

pursuant to this section, the party shall serve written notice upon

the court clerk, detailing the alleged act or acts of negligence or

refusal to act. Said notice shall be served personally upon the

court clerk at least twenty (20) days before a petition is filed in

district court. The court clerk shall have twenty (20) days from

receipt of notice to perform the act which is the basis for the

alleged neglect or refusal to act or to respond as to reason for

failure to do so. If the court clerk performs the act required

within the twenty-day period no action for damages shall be

authorized.

Notice also shall be served upon the surety from whom the bond,

required by Section 167 of Title 19 of the Oklahoma Statutes, was

purchased. Proof of service of notice required by this subsection

shall be attached to the petition filed by the aggrieved party.

R.L. 1910, § 5181. Amended by Laws 1990, c. 185, § 2, eff. Sept. 1,

1990.
Okla. Stat. tit. 12, § 12-1552 — OK Code / Title 12 / Section 12-1552
Persons ineligible
Status: in_force

No party, or attorney, or person interested in an action, shall

be appointed receiver therein except by consent of all parties

thereto.

R.L. 1910, § 4980.
Okla. Stat. tit. 12A, § 12A-2-302 — OK Code / Title 12A / Section 12A-2-302
Unconscionable Contract or Clause
Status: in_force

(1) If the court as a matter of law finds the contract or any clause

of the contract to have been unconscionable at the time it was made

the court may refuse to enforce the contract, or it may enforce the

remainder of the contract without the unconscionable clause, or it

may so limit the application of any unconscionable clause as to

avoid any unconscionable result.

(2) When it is claimed or appears to the court that the contract

or any clause thereof may be unconscionable the parties shall be

afforded a reasonable opportunity to present evidence as to its

commercial setting, purpose and effect to aid the court in making

the determination.
Okla. Stat. tit. 12, § 12-850 — OK Code / Title 12 / Section 12-850
Order for application of property to satisfaction of judgment - Contempt proceedings -
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 13judgment - Contempt proceedings - Installment payments from earnings

- Modification of order.

The judge after the hearing provided herein may order any

property of the judgment debtor, not exempt by law, in his

possession or under his control to be applied toward the

satisfaction of the judgment, and may enforce the same by

proceedings for contempt in case of refusal or disobedience.

The judge may further order the judgment debtor to pay to the

judgment creditor or apply on the judgment in installments, such

portion of his nonexempt income, however or wherever earned or

acquired, as the court may deem proper after due regard for any

payments required to be made by the judgment debtor by virtue of law

or prior order of a court or under wage assignments outstanding.

Where the judgment debtor claims or is proved to be rendering

services to or employed by a relative or other person or by a

corporation owned or controlled by a relative or other person,

without salary or compensation, or at a salary or compensation so

inadequate as to satisfy the court that such salary or compensation

is merely colorable and designed to defraud or impede the creditors

of such debtor, the court may direct such debtor to make payments on

account of the judgment, in installments, based upon a reasonable

value of the services rendered by such judgment debtor under his

said employment or upon said debtor's then earning ability. The

court may, from time to time, modify an order made under this

Oklahoma Statutes - Title 12. Civil Procedure Page 168

section upon application of either party upon notice to the other.

A failure or neglect to comply with an order of direction of the

court, shall be punished as for contempt.

R.L. 1910, § 5198. Amended by Laws 1965, c. 300, § 6.
Okla. Stat. tit. 12, § 12-1447.2 — OK Code / Title 12 / Section 12-1447.2
Defamatory statements by candidates for public office
Status: in_force

In no event, however, shall any owner, licensee or operator, or

the agents or employees of any such owner, licensee or operator of

such television and/or radio station or network of stations be held

liable for any damages for any defamatory statement uttered over the

facilities of such station or network by any candidate for public

office, where such statement is not subject to censorship or control

by reason of any federal statute or any ruling or order of the

Federal Communications Commission made pursuant thereto; PROVIDED,

HOWEVER, that this section shall not apply to any owner, licensee,

or operator, or any agent or employee of such owner, licensee or

operator, of such visual or sound radio broadcasting station, or

network of stations, when such owner, licensee, or operator, or

agent or employee of such owner, licensee or operator, is a

candidate for public office or speaking on behalf of a candidate for

public office.
Okla. Stat. tit. 12A, § 12A-1-9-324 — OK Code / Title 12A / Section 12A-1-9-324
Priority of purchase-money security interests
Status: in_force

PRIORITY OF PURCHASE-MONEY SECURITY INTERESTS

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

section, a perfected purchase-money security interest in goods other

than inventory or livestock has priority over a conflicting security

interest in the same goods, and, except as otherwise provided in

Section 1-9-327 of this title, a perfected security interest in its

identifiable proceeds also has priority, if the purchase-money

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 84

security interest is perfected when the debtor receives possession

of the collateral or within twenty (20) days thereafter.

(b) Subject to subsection (c) of this section and except as

otherwise provided in subsection (g) of this section, a perfected

purchase-money security interest in inventory has priority over a

conflicting security interest in the same inventory, has priority

over a conflicting security interest in chattel paper or an

instrument constituting proceeds of the inventory and in proceeds of

the chattel paper, if so provided in Section 1-9-330 of this title,

and, except as otherwise provided in Section 1-9-327 of this title,

also has priority in identifiable cash proceeds of the inventory to

the extent the identifiable cash proceeds are received on or before

the delivery of the inventory to a buyer, if:

(1) the purchase-money security interest is perfected when the

debtor receives possession of the inventory;

(2) the purchase-money secured party sends a signed

notification to the holder of the conflicting security interest;

(3) the holder of the conflicting security interest receives

the notification within five (5) years before the debtor receives

possession of the inventory; and

(4) the notification states that the person sending the

notification has or expects to acquire a purchase-money security

interest in inventory of the debtor and describes the inventory.

(c) Paragraphs (2) through (4) of subsection (b) of this

section apply only if the holder of the conflicting security

interest had filed a financing statement covering the same types of

inventory:

(1) if the purchase-money security interest is perfected by

filing, before the date of the filing; or

(2) if the purchase-money security interest is temporarily

perfected without filing or possession under subsection (f) of

Section 1-9-312 of this title, before the beginning of the twenty-

day period thereunder.

(d) Subject to subsection (e) of this section and except as

otherwise provided in subsection (g) of this section, a perfected

purchase-money security interest in livestock that are farm products

has priority over a conflicting security interest in the same

livestock, and, except as otherwise provided in Section 1-9-327 of

this title, a perfected security interest in their identifiable

proceeds and identifiable products in their unmanufactured states

also has priority, if:

(1) the purchase-money security interest is perfected when the

debtor receives possession of the livestock;

(2) the purchase-money secured party sends a signed

notification to the holder of the conflicting security interest;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 85

(3) the holder of the conflicting security interest receives

the notification within six (6) months before the debtor receives

possession of the livestock; and

(4) the notification states that the person sending the

notification has or expects to acquire a purchase-money security

interest in livestock of the debtor and describes the livestock.

(e) Paragraphs (2) through (4) of subsection (d) of this

section applies only if the holder of the conflicting security

interest had filed a financing statement covering the same types of

livestock:

(1) if the purchase-money security interest is perfected by

filing, before the date of the filing; or

(2) if the purchase-money security interest is temporarily

perfected without filing or possession under subsection (f) of

Section 1-9-312 of this title, before the beginning of the twenty-

day period thereunder.

(f) Except as otherwise provided in subsection (g) of this

section, a perfected purchase-money security interest in software

has priority over a conflicting security interest in the same

collateral, and, except as otherwise provided in Section 1-9-327 of

this title, a perfected security interest in its identifiable

proceeds also has priority, to the extent that the purchase-money

security interest in the goods in which the software was acquired

for use has priority in the goods and proceeds of the goods under

this section.

(g) If more than one security interest qualifies for priority

in the same collateral under subsection (a), (b), (d), or (f) of

this section:

(1) a security interest securing an obligation incurred as all

or part of the price of the collateral has priority over a security

interest securing an obligation incurred for value given to enable

the debtor to acquire rights in or the use of collateral; and

(2) in all other cases, subsection (a) of Section 1-9-322 of

this title applies to the qualifying security interests.
Okla. Stat. tit. 12, § 12-937 — OK Code / Title 12 / Section 12-937
Attorney fees taxed as costs in actions to collect on
Status: in_force

checks.

In any civil action to enforce payment of or to collect upon a

check, draft or similar bill of exchange drawn on a bank or

otherwise, payment upon which said instrument has been refused

because of insufficient funds or no account, the party prevailing on

such cause of action shall be awarded a reasonable attorney's fee,

such fee to be assessed by the court as costs against the losing

party; provided, that said fee shall not be allowed unless the

plaintiff offers proof during the trial of said action that prior to

the filing of the petition in the action demand for payment of the

check, draft or similar bill of exchange had been made upon the

defendant by registered or certified mail not less than ten (10)

days prior to the filing of such suit.
Okla. Stat. tit. 12A, § 12A-4A-504 — OK Code / Title 12A / Section 12A-4A-504
Order in which items and payment orders may be charged
Status: in_force

to account; order of withdrawals from account.

ORDER IN WHICH ITEMS AND PAYMENT ORDERS MAY BE CHARGED TO

ACCOUNT; ORDER OF WITHDRAWALS FROM ACCOUNT

(a) If a receiving bank has received more than one payment

order of the sender or one or more payment orders and other items

that are payable from the sender's account, the bank may charge the

sender's account with respect to the various orders and items in any

sequence.

(b) In determining whether a credit to an account has been

withdrawn by the holder of the account or applied to a debt of the

holder of the account, credits first made to the account are first

withdrawn or applied.Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 12
Okla. Stat. tit. 12, § 12-1277.8A — OK Code / Title 12 / Section 12-1277.8A
Renumbered as § 119.1 of Title 43 by Laws 1990, c
Status: in_force

171, § 3, operative July 1, 1990 and Laws 1990, c. 188, § 2, eff.

Sept. 1, 1990.
Okla. Stat. tit. 12, § 12-662 — OK Code / Title 12 / Section 12-662
Provisions applicable to trials by court
Status: in_force

The provisions of this article respecting trials by jury apply,

so far as they are in their nature applicable, to trials by the

court.

R.L. 1910, § 5039.
Okla. Stat. tit. 12, § 12-1501.1 — OK Code / Title 12 / Section 12-1501.1
Petition for partition - Contents - Proof required
Status: in_force

A. When the object of the action is to effect a partition of

real property, the petition must describe the property and the

respective interests of the owners thereof, if known.

B. 1. Except as provided for in this subsection, in any action

involving the partition of a mineral estate, in addition to the

requirements of subsection A of this section, the petition shall

specify and the plaintiff shall establish at trial by a

preponderance of the evidence that:

a. one or more of the co-owners of the mineral estate are

frustrating the development objective of the plaintiff

for the estate; and

b. an order of the Corporation Commission to pool and

develop said minerals pursuant to Section 87.1 of

Title 52 of the Oklahoma Statutes and a plan of

unitization created pursuant to Sections 287.1 through

287.15 of Title 52 of the Oklahoma Statutes would not

effectuate a realization of the development objective.

2. The provisions of this subsection shall not apply to any

action involving the partition of a mineral estate, if the person

requesting the partition owns the surface estate or any part thereof

and also owns an interest in the mineral estate.

R.L. 1910, § 4940. Amended by Laws 1970, c. 40, § 1, emerg. eff.

March 2, 1970; Laws 1971, c. 65, § 1, emerg. eff. April 9, 1971;
Okla. Stat. tit. 12, § 12-34 — OK Code / Title 12 / Section 12-34
Applicable to what courts
Status: in_force

The provisions of this article shall, as far as they are

applicable, apply to the clerk of all courts of record.

R.L. 1910, § 5334.
Okla. Stat. tit. 12A, § 12A-2A-106 — OK Code / Title 12A / Section 12A-2A-106
Limitation on power of parties to consumer lease to
Status: in_force

choose applicable law and judicial forum.

LIMITATION ON POWER OF PARTIES TO CONSUMER LEASE

TO CHOOSE APPLICABLE LAW AND JUDICIAL FORUM

(1) If the law chosen by the parties to a consumer lease is

that of a jurisdiction other than a jurisdiction in which the lessee

resides at the time the lease agreement becomes enforceable or

within thirty (30) days thereafter or in which the goods are to be

used, the choice is not enforceable.

(2) If the judicial forum chosen by the parties to a consumer

lease is a forum that would not otherwise have jurisdiction over the

lessee, the choice is not enforceable.
Okla. Stat. tit. 12, § 12-177.1 — OK Code / Title 12 / Section 12-177.1
Judgment against unknown heirs or devisees - Judgment against party served by
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 4

Oklahoma Statutes - Title 12. Civil Procedure Page 5against party served by publication.

No judgment heretofore or hereafter rendered in any action

against unknown heirs or devisees of a deceased person shall ever be

construed, or held to be, either void or voidable upon the ground

that an affidavit of the plaintiff to the effect that the name of

such heirs or devisees, or any of them, and their residences, are

unknown to the plaintiff, was not annexed to his petition; and all

such judgments, if not otherwise void, are hereby declared to be

valid and binding from the date of rendition.

No judgment heretofore or hereafter rendered in any action

against any person or party served by publication shall be construed

or held to be void or voidable because the affidavit for such

service by publication was made by the attorney for the plaintiff or

because the petition or other pleading was verified by the attorney

for the plaintiff or party seeking such service by publication. In

all such cases it shall be conclusively presumed, if otherwise

sufficient, that the allegations and statements made by such

attorney were and are in legal effect and for all purposes made by

plaintiff and shall have the same force and effect as if actually

made by the plaintiff. All such judgments, if not otherwise

defective or void, are hereby declared valid and legally effective

and conclusive as of the date thereof as if such affidavit was made

or the petition or pleading was verified by the plaintiff or other

party obtaining such service by publication. Provided further, that

nothing in this act shall be construed to affect any litigation now

pending in any courts of the State of Oklahoma on the effective date

of this act.
Okla. Stat. tit. 12, § 12-578 — OK Code / Title 12 / Section 12-578
Exceptions to instructions - Copies to parties
Status: in_force

A party excepting to the giving of instructions, or the refusal

thereof, shall not be required to file a formal bill of exceptions;

but it shall be sufficient to make objection thereto by dictating

into the record in open court, out of the hearing of the jury, after

the reading of all instructions, the number of the particular

instruction that was requested, refused and is excepted to, or the

number of the particular instruction given by the court that is

excepted to. Provided, further, that the court shall furnish copies

of the instructions to the plaintiff and defendant prior to the time

said instructions are given by the court.

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

April 9, 1969.

Oklahoma Statutes - Title 12. Civil Procedure Page 97
Okla. Stat. tit. 12, § 12-1185 — OK Code / Title 12 / Section 12-1185
Liability of garnishee
Status: in_force

From the time of the service of the summons upon the garnishee

he shall stand liable to the plaintiff to the amount of the

property, monies, credits and effects in his possession or under his

control, belonging to the defendant or in which he shall be

interested, to the extent of his right or interest therein, and of

all debts due or to become due to the defendant, except such as may

be by law exempt from execution. Any property, monies, credits and

effects held by a conveyance or title void as to the creditors of

the defendant, shall be embraced in such liability. In case such

monies, credits and effects in the possession or under the control

of the garnishee shall exceed the amount of the plaintiff's claim,

the garnishee shall stand liable to the plaintiff only for the

amount of the plaintiff's claim as disclosed by the garnishment

Oklahoma Statutes - Title 12. Civil Procedure Page 258

affidavit, together with such further amount as shall be equal to

all costs and damages, which the plaintiff may recover in the action

and garnishment proceedings.

R.L. 1910, § 4835.
Okla. Stat. tit. 12, § 12-1631 — OK Code / Title 12 / Section 12-1631
Right to petition for change of name
Status: in_force

Any natural person, who has been domiciled in this state or who

has been residing upon any military reservation located in said

state, for more than thirty (30) days, and has been an actual

resident of the county or such military reservation situated in said

county, or county in which the military reservation is situated, for

more than thirty (30) days, next preceding the filing of the action,

may petition for a change of name in a civil action in the district

court; provided, no person who is required to register as a sex

offender pursuant to the Oklahoma Sex Offenders Registration Act may

petition for a change of name. If the person be a minor, the action

may be brought by guardian or next friend as in other actions.
Okla. Stat. tit. 12, § 12-2005.1 — OK Code / Title 12 / Section 12-2005.1
Service of postjudgment motions in divorce actions
Status: in_force

SERVICE OF POSTJUDGMENT MOTIONS IN DIVORCE ACTIONS

All postjudgment motions pertaining to divorce proceedings shall

be served in accordance with subsection C of Section 2004 of Title

12 of the Oklahoma Statutes.
Okla. Stat. tit. 12, § 12-1517 — OK Code / Title 12 / Section 12-1517
Sale of property that cannot be partitioned - Procedure
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 307

A. In addition to other provisions of law, if, upon the filing

of the commissioners' report, it appears that the property cannot be

partitioned in kind and the value of the property does not exceed

Five Thousand Dollars ($5,000.00), the court may forthwith dispense

with further regular partition proceedings and make an order

directing the sheriff of the county to sell the property, in the

same manner, as in sales of real estate on execution at not less

than two-thirds (2/3) of the appraised value.

B. In addition to the notice required for sales of real estate

on execution, notice of the sale shall be mailed with return receipt

requested at least twenty (20) days prior to the sale, to all

persons owning an interest in the property or to their attorneys at

their respective last-known address.

C. If it can be established to the satisfaction of the court,

prior to the sale, that such property is of a value in excess of

Five Thousand Dollars ($5,000.00), such sale shall not be held and

the court shall appoint other commissioners to reappraise the

property or refer the matter to the same commissioners.

D. Confirmation of such sale shall be set for hearing not less

than ten (10) days after the day of sale. A written notice of

hearing on the confirmation of the sale shall be mailed, by first-

class mail, postage prepaid, to all persons having an interest in

the property as previously determined by the court whose names and

addresses are known, at least ten (10) days before the hearing on

the confirmation of the sale, and if the name or address of any such

person is unknown, such notice shall also be published in a

newspaper authorized by law to publish legal notices in each county

in which the property is situated. If no newspaper authorized by

law to publish legal notices is published in such county, the notice

shall be published in some such newspaper of general circulation

which is published in an adjoining county. The notice shall state

the name of the person or persons being notified by publication and

shall be published once at least ten (10) days prior to the date of

the hearing on the notice of confirmation of the sale. An affidavit

of proof of mailing and of publication, if publication is required,

shall be filed in the case.

E. Upon such hearing, if satisfied with the validity and

fairness of the sale, the court shall order the sheriff to issue a

sheriff's deed to the purchaser of the property and, after

apportionment of costs, attorney fees and expenses, direct

disbursement of the sale proceeds to those persons legally entitled

to receive the same.
Okla. Stat. tit. 12, § 12-1600.29 — OK Code / Title 12 / Section 12-1600.29
Renumbered as § 333 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12A, § 12A-4-110 — OK Code / Title 12A / Section 12A-4-110
Electronic Presentment
Status: in_force

ELECTRONIC PRESENTMENT

(a) "Agreement for electronic presentment" means an agreement,

clearing-house rule, or Federal Reserve regulation or operating

circular, providing that presentment of an item may be made by

transmission of an image of an item or information describing the

item ("presentment notice") rather than delivery of the item itself.

The agreement may provide for procedures governing retention,

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 335

presentment, payment, dishonor, and other matters concerning items

subject to the agreement.

(b) Presentment of an item pursuant to an agreement for

presentment is made when the presentment notice is received.

(c) If presentment is made by presentment notice, a reference

to "item" or "check" in this article means the presentment notice

unless the context otherwise indicates.
Okla. Stat. tit. 12A, § 12A-3-305 — OK Code / Title 12A / Section 12A-3-305
Defenses and Claims in Recoupment
Status: in_force

DEFENSES AND CLAIMS IN RECOUPMENT

(a) Except as otherwise provided in this section, the right to

enforce the obligation of a party to pay an instrument is subject to

the following:

(1) a defense of the obligor based on (i) infancy of the

obligor to the extent it is a defense to a simple

contract, (ii) duress, lack of legal capacity, or

illegality of the transaction which, under other law,

nullifies the obligation of the obligor, (iii) fraud

that induced the obligor to sign the instrument with

neither knowledge nor reasonable opportunity to learn

of its character or its essential terms, or (iv)

discharge of the obligor in insolvency proceedings;

(2) a defense of the obligor stated in another section of

this article or a defense of the obligor that would be

available if the person entitled to enforce the

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 299

instrument were enforcing a right to payment under a

simple contract; and

(3) a claim in recoupment of the obligor against the

original payee of the instrument if the claim arose

from the transaction that gave rise to the instrument;

but the claim of the obligor may be asserted against a

transferee of the instrument only to reduce the amount

owing on the instrument at the time the action is

brought.

(b) The right of a holder in due course to enforce the

obligation of a party to pay the instrument is subject to defenses

of the obligor stated in paragraph (1) of subsection (a) of this

section, but is not subject to defenses of the obligor stated in

paragraph (2) of subsection (a) of this section or claims in

recoupment stated in paragraph (3) of subsection (a) of this section

against a person other than the holder.

(c) Except as stated in subsection (d) of this section, in an

action to enforce the obligation of a party to pay the instrument,

the obligor may not assert against the person entitled to enforce

the instrument a defense, claim in recoupment, or claim to the

instrument (Section 3-306 of this title) of another person, but the

other person's claim to the instrument may be asserted by the

obligor if the other person is joined in the action and personally

asserts the claim against the person entitled to enforce the

instrument. An obligor is not obliged to pay the instrument if the

person seeking enforcement of the instrument does not have rights of

a holder in due course and the obligor proves that the instrument is

a lost or stolen instrument.

(d) In an action to enforce the obligation of an accommodation

party to pay an instrument, the accommodation party may assert

against the person entitled to enforce the instrument any defense or

claim in recoupment under subsection (a) of this section that the

accommodated party could assert against the person entitled to

enforce the instrument, except the defenses of discharge in

insolvency proceedings, infancy, and lack of legal capacity.

(e) This section is subject to law other than this article that

establishes a different rule for consumer transactions.
Okla. Stat. tit. 12A, § 12A-2A-201 — OK Code / Title 12A / Section 12A-2A-201
Statute of frauds
Status: in_force

STATUTE OF FRAUDS

(1) A lease contract is not enforceable by way of action or

defense unless:

(a) the total payments to be made under the lease

contract, excluding payments for options to renew or buy, are less

than One Thousand Dollars ($1,000.00); or

(b) there is a record, signed by the party against

whom enforcement is sought or by that party's authorized agent,

sufficient to indicate that a lease contract has been made between

the parties and to describe the goods leased and the lease term.

(2) Any description of leased goods or of the lease term is

sufficient and satisfies paragraph (b) of subsection (1) of this

section, whether or not it is specific, if it reasonably identifies

what is described.

(3) A record is not insufficient because it omits or

incorrectly states a term agreed upon, but the lease contract is not

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 240

enforceable under paragraph (b) of subsection (1) of this section

beyond the lease term and the quantity of goods shown in the record.

(4) A lease contract that does not satisfy the requirements of

subsection (1) of this section, but which is valid in other

respects, is enforceable:

(a) if the goods are to be specially manufactured or

obtained for the lessee and are not suitable for lease or sale to

others in the ordinary course of the lessor's business, and the

lessor, before notice of repudiation is received and under

circumstances that reasonably indicate that the goods are for the

lessee, has made either a substantial beginning of their manufacture

or commitments for their procurement;

(b) if the party against whom enforcement is sought

admits in that party's pleading, testimony or otherwise in court

that a lease contract was made, but the lease contract is not

enforceable under this provision beyond the quantity of goods

admitted; or

(c) with respect to goods that have been received

and accepted by the lessee.

(5) The lease term under a lease contract referred to in

subsection (4) of this section is:

(a) if there is a record signed by the party against

whom enforcement is sought or by that party's authorized agent

specifying the lease term, the term so specified;

(b) if the party against whom enforcement is sought

admits in that party's pleading, testimony, or otherwise in court a

lease term, the term so admitted; or

(c) a reasonable lease term.
Okla. Stat. tit. 12, § 12-1395 — OK Code / Title 12 / Section 12-1395
Counter affidavits or evidence
Status: in_force

If application be made upon affidavits or other evidence on the

part of the defendant, but not otherwise, the plaintiff may oppose

the same, by affidavits or other evidence, in addition to that on

which the injunction was granted.

R.L. 1910, § 4879.

Oklahoma Statutes - Title 12. Civil Procedure Page 280
Okla. Stat. tit. 12, § 12-862 — OK Code / Title 12 / Section 12-862
Clerk's fees
Status: in_force

The clerk shall be allowed such fees for services as are allowed

for similar services in other cases.

R.L. 1910, § 5210. Amended by Laws 1965, c. 300, § 9.
Okla. Stat. tit. 12, § 12-1484 — OK Code / Title 12 / Section 12-1484
Judgment for plaintiff - Execution - Bar of action for
Status: in_force

mesne profits.

If the jurors shall report a sum in favor of the plaintiff or

plaintiffs in said action, for the recovery of real property, on the

assessment and valuation of the valuable and lasting improvements,

and the assessment of damages for waste, and the net annual value of

the rents and profits, the court shall render a judgment therefor

without pleadings, and issue execution thereon as in other cases; or

if no excess be reported in favor of said plaintiff or plaintiffs,

then, and in either case, the said plaintiff or plaintiffs shall be

thereby barred from having or maintaining any action for mesne

profits.

R.L. 1910, § 4936.
Okla. Stat. tit. 12, § 12-2020 — OK Code / Title 12 / Section 12-2020
Permissive joinder of parties
Status: in_force

PERMISSIVE JOINDER OF PARTIES

A. PERMISSIVE JOINDER.

1. All persons may join in one action as plaintiffs if they

assert any right to relief jointly, severally, or in the

alternative:

a. in respect of or arising out of the same transaction

or occurrence, or

b. if the claims arise out of a series of transactions or

occurrences and any question of law or fact common to

all these persons will arise in the action, or

c. if the claims are connected with the subject matter of

the action.

2. All persons may be joined in one action as defendants if

there is asserted against them jointly, severally, or in the

alternative:

a. any right to relief in respect of or arising out of

the same transaction or occurrence, or

b. if the claims arise out of a series of transactions or

occurrences and any question of law or fact common to

all defendants will arise in the action, or

c. if the claims are connected with the subject matter of

the action.

3. A plaintiff or defendant need not be interested in obtaining

or defending against all the relief demanded. Judgment may be given

for one or more of the plaintiffs according to their respective

rights to relief, and against one or more defendants according to

their respective liabilities.

Oklahoma Statutes - Title 12. Civil Procedure Page 418

B. ACTIONS INVOLVING PROPERTY. In actions to quiet title or

actions to enforce mortgages or other liens, persons who assert an

interest in the property that is the subject of the action may be

joined although their interest does not arise from the same

transaction or occurrence. The court may order separate trials to

prevent delay or prejudice.

C. SEPARATE TRIALS. The court may make such orders as will

prevent a party from being embarrassed, delayed, or put to expense

by the inclusion of a party against whom he asserts no claim and who

asserts no claim against him, and may order separate trials or make

other orders to prevent delay or prejudice. In determining whether

to allow joinder under this section or to order separate trials, the

court shall consider if in the interest of justice such action

provides a fair and convenient forum for all parties.
Okla. Stat. tit. 12A, § 12A-15-107 — OK Code / Title 12A / Section 12A-15-107
Legal recognition of electronic records, electronic
Status: in_force

signatures, and electronic contracts.

LEGAL RECOGNITION OF ELECTRONIC RECORDS, ELECTRONIC SIGNATURES,

AND ELECTRONIC CONTRACTS

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 474

(a) A record or signature may not be denied legal effect or

enforceability solely because it is in electronic form.

(b) A contract may not be denied legal effect or enforceability

solely because an electronic record was used in its formation.

(c) If a law requires a record to be in writing, an electronic

record satisfies the law.

(d) If a law requires a signature, an electronic signature

satisfies the law.
Okla. Stat. tit. 12, § 12-727.1 — OK Code / Title 12 / Section 12-727.1
Interest on judgments rendered on or after January 1,
Status: in_force

2005.

POSTJUDGMENT INTEREST

A. 1. Except as otherwise provided by this section, all

judgments of courts of record, including costs and attorney fees

authorized by statute or otherwise and allowed by the court, shall

bear interest at a rate prescribed pursuant to this section.

2. Costs and attorney fees allowed by the court shall bear

interest from the earlier of the date the judgment or order is

pronounced, if expressly stated in the written judgment or order

awarding the costs and attorney fees, or the date the judgment or

order is filed with the court clerk.

B. Judgments, including costs and attorney fees authorized by

statute or otherwise and allowed by the court, against this state or

its political subdivisions, including counties, municipalities,

school districts, and public trusts of which this state or a

political subdivision of this state is a beneficiary, shall bear

interest during the term of judgment at a rate prescribed pursuant

to this section from the date of rendition. No judgment against

this state or its political subdivisions, including counties,

municipalities, school districts, and public trusts of which this

state or a political subdivision of this state is a beneficiary,

inclusive of postjudgment interest, shall exceed the total amount of

liability of the governmental entity pursuant to The Governmental

Tort Claims Act.

Oklahoma Statutes - Title 12. Civil Procedure Page 135

C. The postjudgment interest authorized by subsection A or

subsection B of this section shall accrue from the earlier of the

date the judgment is rendered as expressly stated in the judgment,

or the date the judgment is filed with the court clerk, and shall

initially accrue at the rate in effect for the calendar year during

which the judgment is rendered until the end of the calendar year in

which the judgment was rendered, or until the judgment is paid,

whichever first occurs. Beginning on January 1 of the next

succeeding calendar year until the end of that calendar year, or

until the judgment is paid, whichever first occurs, the judgment,

together with postjudgment interest previously accrued, shall bear

interest at the rate in effect for judgments rendered during that

calendar year as certified by the Administrative Director of the

Courts pursuant to subsection I of this section. For each

succeeding calendar year, or part of a calendar year, during which a

judgment remains unpaid, the judgment, together with postjudgment

interest previously accrued, shall bear interest at the rate in

effect for judgments rendered during that calendar year as certified

by the Administrative Director of the Courts pursuant to subsection

I of this section. A separate computation using the interest rate

in effect for judgments as provided by subsection I of this section

shall be made for each calendar year, or part of a calendar year,

during which the judgment remains unpaid in order to determine the

total amount of interest for which the judgment debtor is liable.

The postjudgment interest rate for each calendar year or part of a

calendar year a judgment remains unpaid shall be multiplied by the

original amount of the judgment, including any prejudgment interest,

together with postjudgment interest previously accrued. Interest

shall accrue on a judgment in the manner prescribed by this

subsection until the judgment is satisfied or released.

D. If a rate of interest is specified in a contract, the rate

specified shall apply and be stated in the journal entry of

judgment. The rate of interest shall not exceed the lawful rate for

that obligation. Postjudgment interest shall be calculated at the

contractual rate and accrued in the same manner as prescribed in

subsection C of this section.

PREJUDGMENT INTEREST

E. Except as provided by subsection F of this section,

beginning November 1, 2009, if a verdict for damages by reason of

personal injuries or injury to personal rights including, but not

limited to, injury resulting from bodily restraint, personal insult,

defamation, invasion of privacy, injury to personal relations, or

detriment due to an act or omission of another is accepted by the

trial court, the court in rendering judgment shall add interest on

the verdict at a rate prescribed pursuant to subsection I of this

section from the date which is twenty-four (24) months after the

suit resulting in the judgment was commenced to the earlier of the

Oklahoma Statutes - Title 12. Civil Procedure Page 136

date the verdict is accepted by the trial court as expressly stated

in the judgment, or the date the judgment is filed with the court

clerk. No prejudgment interest shall begin to accrue until twenty-

four (24) months after the suit resulting in the judgment was

commenced. The interest rate for computation of prejudgment

interest shall begin with the rate prescribed by subsection I of

this section which is in effect for the calendar year which is

twenty-four (24) months after the suit resulting in the judgment was

commenced. This rate shall be in effect until the end of the

calendar year in which interest begins to accrue or until the date

judgment is filed, whichever first occurs. Beginning on January 1

of the next succeeding calendar year until the end of that calendar

year, or until the date the judgment is filed, whichever first

occurs, and for each succeeding calendar year thereafter, the

prejudgment interest rate shall be the rate in effect for judgments

rendered during each calendar year as certified by the

Administrative Director of the Courts pursuant to subsection I of

this section. After the computation of all prejudgment interest has

been completed, the total amount of prejudgment interest shall be

added to the amount of the judgment rendered pursuant to the trial

of the action, and the total amount of the resulting judgment shall

become the amount upon which postjudgment interest is computed

pursuant to subsection A of this section.

F. If a verdict of the type described by subsection E of this

section is rendered against this state or its political

subdivisions, including counties, municipalities, school districts,

and public trusts of which this state or a political subdivision of

this state is a beneficiary, the judgment shall bear interest at the

rate prescribed pursuant to subsection I of this section from the

date the suit was commenced to the earlier of the date the verdict

is accepted by the trial court as expressly stated in the judgment

or the date the judgment is filed with the court clerk. The

interest rate for computation of prejudgment interest shall begin

with the rate prescribed by subsection I of this section which is in

effect for the calendar year in which the suit resulting in the

judgment is commenced. This rate shall be in effect until the end

of the calendar year in which the suit resulting in judgment was

filed or until the date the judgment is rendered as expressly stated

in the judgment, whichever first occurs. Beginning on January 1 of

the next succeeding calendar year until the end of that calendar

year, or until the date judgment is rendered, whichever first

occurs, and for each succeeding calendar year thereafter, the

prejudgment interest rate shall be the rate in effect for judgments

rendered during each calendar year as certified by the

Administrative Director of the Courts pursuant to subsection I of

this section. After the computation of prejudgment interest has

been completed, the amount shall be added to the amount of the

Oklahoma Statutes - Title 12. Civil Procedure Page 137

judgment rendered pursuant to the trial of the action, and the total

amount of the resulting judgment shall become the amount upon which

postjudgment interest is computed pursuant to subsection B of this

section. No award of prejudgment interest against this state or its

political subdivisions, including counties, municipalities, school

districts, and public trusts of which this state or a political

subdivision of this state is a beneficiary, including the amount of

the judgment awarded pursuant to trial of the action, shall exceed

the total amount of liability of the governmental entity pursuant to

The Governmental Tort Claims Act.

G. If exemplary or punitive damages are awarded in an action

for personal injury or injury to personal rights including, but not

limited to, injury resulting from bodily restraint, personal insult,

defamation, invasion of privacy, injury to personal relations, or

detriment due to an act or omission of another, the interest on that

award shall begin to accrue from the earlier of the date the

judgment is rendered as expressly stated in the judgment, or the

date the judgment is filed with the court clerk.

H. If a judgment is rendered establishing the existence of a

lien against property and no rate of interest exists, the court

shall allow prejudgment interest at a rate prescribed pursuant to

subsection I of this section from the date the lien is filed to the

date of verdict.

I. For purposes of computing postjudgment interest as

authorized by this section, interest shall be the prime rate, as

listed in the first edition of the Wall Street Journal published for

each calendar year and as certified to the Administrative Director

of the Courts by the State Treasurer on the first regular business

day following publication in January of each year, plus two percent

(2%). For purposes of computing prejudgment interest as authorized

by this section, interest shall be determined using a rate equal to

the average United States Treasury Bill rate of the preceding

calendar year as certified to the Administrative Director of the

Courts by the State Treasurer on the first regular business day in

January of each year.

J. For purposes of computing postjudgment interest, the

provisions of this section shall be applicable to all judgments of

the district courts rendered on or after January 1, 2005. Effective

January 1, 2005, the method for computing postjudgment interest

prescribed by this section shall be applicable to all judgments

remaining unpaid rendered prior to January 1, 2005.

K. For purposes of computing prejudgment interest, the

provisions of this section shall be applicable to all actions which

are filed in the district courts on or after January 1, 2010, for

which an award of prejudgment interest is authorized by the

provisions of this section.

Oklahoma Statutes - Title 12. Civil Procedure Page 138
Okla. Stat. tit. 12, § 12-1600.20d — OK Code / Title 12 / Section 12-1600.20d
Renumbered as § 324 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12A, § 12A-4-214 — OK Code / Title 12A / Section 12A-4-214
Right of Charge-Back or Refund; Liability of Collecting
Status: in_force

Bank; Return of Item.

RIGHT OF CHARGE-BACK OR REFUND;

LIABILITY OF COLLECTING BANK; RETURN OF ITEM

(a) If a collecting bank has made provisional settlement with

its customer for an item and fails by reason of dishonor, suspension

of payments by a bank, or otherwise to receive settlement for the

item which is or becomes final, the bank may revoke the settlement

given by it, charge back the amount of any credit given for the item

to its customer's account, or obtain refund from its customer,

whether or not it is able to return the item, if by its midnight

deadline or within a longer reasonable time after it learns the

facts it returns the item or sends notification of the facts. If

the return or notice is delayed beyond the bank's midnight deadline

or a longer reasonable time after it learns the facts, the bank may

revoke the settlement, charge back the credit, or obtain refund from

its customer, but it is liable for any loss resulting from the

delay. These rights to revoke, charge back, and obtain refund

terminate if and when a settlement for the item received by the bank

is or becomes final.

(b) A collecting bank returns an item when it is sent or

delivered to the bank's customer or transferor or pursuant to its

instructions.

(c) A depositary bank that is also the payor may charge back

the amount of an item to its customer's account or obtain refund in

accordance with the section governing return of an item received by

a payor bank for credit on its books (Section 4-301 of this title).

(d) The right to charge back is not affected by:

(1) Previous use of a credit given for the item; or

(2) Failure by any bank to exercise ordinary care with

respect to the item, but a bank so failing remains

liable.

(e) A failure to charge back or claim refund does not affect

other rights of the bank against the customer or any other party.

(f) If credit is given in dollars as the equivalent of the

value of an item payable in foreign money, the dollar amount of any

charge-back or refund must be calculated on the basis of the bank-

offered spot rate for the foreign money prevailing on the day when

the person entitled to the charge-back or refund learns that it will

not receive payment in ordinary course.
Okla. Stat. tit. 12, § 12-431 — OK Code / Title 12 / Section 12-431
Use of affidavit
Status: in_force

An affidavit may be used to verify a pleading, to prove the

service of a summons, notice or other process in an action, to

obtain a provisional remedy, an examination of a witness, a stay of

proceedings, or upon a motion or in any other case permitted by law.

Oklahoma Statutes - Title 12. Civil Procedure Page 88

R.L. 1910, § 5071.
Okla. Stat. tit. 12A, § 12A-2-718 — OK Code / Title 12A / Section 12A-2-718
Liquidation or Limitation of Damages; Deposits
Status: in_force

(1) Damages for breach by either party may be liquidated in the

agreement but only at an amount which is reasonable in the light of

the anticipated or actual harm caused by the breach, the

difficulties of proof of loss, and the inconvenience or

nonfeasibility of otherwise obtaining an adequate remedy. A term

fixing unreasonably large liquidated damages is void as a penalty.

(2) Where the seller justifiably withholds delivery of goods

because of the buyer's breach, the buyer is entitled to restitution

of any amount by which the sum of his payments exceeds

(a) the amount to which the seller is entitled by virtue

of terms liquidating the seller's damages in accordance with

subsection (1), or

(b) in the absence of such terms, twenty percent (20%) of

the value of the total performance for which the buyer is obligated

under the contract or Five Hundred Dollars ($500.00), whichever is

smaller.

(3) The buyer's right to restitution under subsection (2) is

subject to offset to the extent that the seller establishes

(a) a right to recover damages under the provisions of

this article other than subsection (1), and

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

buyer directly or indirectly by reason of the contract.

(4) Where a seller has received payment in goods their

reasonable value or the proceeds of their resale shall be treated as

payments for the purposes of subsection (2); but if the seller has

notice of the buyer's breach before reselling goods received in part

performance, his resale is subject to the conditions laid down in

this article on resale by an aggrieved seller (Section 2-706).
Okla. Stat. tit. 12, § 12-620 — OK Code / Title 12 / Section 12-620
Reference by district or superior court - Report and
Status: in_force

transcript - Filing.

In all actions referred to a referee by the district or superior

court, with directions to make findings of fact and conclusions of

law and to report the evidence to the court, the referee must file a

written report of his findings of fact and conclusions of law and

the transcript of the testimony with the clerk of the court.
Okla. Stat. tit. 12, § 12-1559 — OK Code / Title 12 / Section 12-1559
Vacation of appointment by Supreme Court
Status: in_force

In all cases in the Supreme Court in which a receiver has been

appointed, or refused, by any Justice of the Supreme Court, the

party aggrieved may, within ten (10) days thereafter have the right

to file a motion to vacate the order refusing or appointing such

receiver, and hearing on such motion may be had before the Supreme

Court, if the same be in session, or before a quorum of the justices

of said court in vacation, at such time and place as the said court

or the justices thereof may determine, and pending the final

determination of the cause, if the order was one of the appointment

of a receiver, the moving party shall have the right to give bond

with good and sufficient sureties, and in such amount as may be

fixed by order of the court or a justice thereof, conditioned for

the due prosecution of such cause and the payment of all costs and

damages that may accrue to the state, or any officer, or person by

reason thereof, and the authority of any such receiver shall be

suspended pending a final determination of such cause, and if such

receiver shall have taken possession of any property in controversy

in said action, the same shall be surrendered to the rightful owner

thereof, upon the filing and approval of said bond.

R.L. 1910, § 4987.
Okla. Stat. tit. 12A, § 12A-1-9-610 — OK Code / Title 12A / Section 12A-1-9-610
Disposition of collateral after default
Status: in_force

DISPOSITION OF COLLATERAL AFTER DEFAULT

(a) After default, a secured party may sell, lease, license, or

otherwise dispose of any or all of the collateral in its present

condition or following any commercially reasonable preparation or

processing.

(b) Every aspect of a disposition of collateral, including the

method, manner, time, place, and other terms, must be commercially

reasonable. If commercially reasonable, a secured party may dispose

of collateral by public or private proceedings, by one or more

contracts, as a unit or in parcels, and at any time and place and on

any terms.

(c) A secured party may purchase collateral:

(1) at a public disposition; or

(2) at a private disposition only if the collateral is of a

kind that is customarily sold on a recognized market or the subject

of widely distributed standard price quotations.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 142

(d) A contract for sale, lease, license, or other disposition

includes the warranties relating to title, possession, quiet

enjoyment, and the like which by operation of law accompany a

voluntary disposition of property of the kind subject to the

contract.

(e) A secured party may disclaim or modify warranties under

subsection (d) of this section:

(1) in a manner that would be effective to disclaim or modify

the warranties in a voluntary disposition of property of the kind

subject to the contract of disposition; or

(2) by communicating to the purchaser a record evidencing the

contract for disposition and including an express disclaimer or

modification of the warranties.

(f) A record is sufficient to disclaim warranties under

subsection (e) of this section if it indicates “There is no warranty

relating to title, possession, quiet enjoyment, or the like in this

disposition” or uses words of similar import.
Okla. Stat. tit. 12, § 12-3226.1 — OK Code / Title 12 / Section 12-3226.1
Abusive discovery
Status: in_force

A. ABUSIVE DISCOVERY. In addition to the protective orders

that a court may issue pursuant to paragraph 1 of subsection C of

Section 3226 of Title 12 of the Oklahoma Statutes, a protective

order may be issued by the court authorizing or denying discovery in

the court in which the action is pending. A protective order may

also be authorized on matters relating to a deposition. The order

may be issued upon a motion by a party or the person from whom

discovery is sought. The motion shall be accompanied by a

certification that the movant has in good faith conferred or

attempted to confer, either in person or by telephone, with other

affected parties in an effort to resolve the dispute without court

action. Upon receipt by the court of the motion and certification,

the court may enter the protective order authorizing or denying the

discovery upon a finding that justice requires a party or person be

protected from annoyance, harassment, embarrassment, oppression or

undue delay, burden, or expense.

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

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

Oklahoma Statutes - Title 12. Civil Procedure Page 511

person whose conduct necessitated the motion or the party or

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

party the reasonable expenses incurred in obtaining the order,

including attorney fees, unless the court finds that the opposition

to the motion was substantially justified or that other

circumstances make an award of expenses unjust.

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

hearing, require the moving party or the attorney advising the

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

the motion the reasonable expenses incurred in opposing the motion,

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

the motion was substantially justified or that other circumstances

make an award of expenses unjust.

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

may apportion the reasonable expenses incurred in relation to the

motion among the parties and persons in a just manner.
Okla. Stat. tit. 12A, § 12A-7-302 — OK Code / Title 12A / Section 12A-7-302
Through bills of lading and similar documents of title
Status: in_force

Through Bills of Lading and Similar Documents of Title.

(a) The issuer of a through bill of lading, or other document

embodying an undertaking to be performed in part by a person acting

as its agent or by a performing carrier, is liable to any person

entitled to recover on the bill or other document for any breach by

the other person or the performing carrier of its obligation under

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 408

the bill or document. However, to the extent that the bill or other

document covers an undertaking to be performed overseas or in

territory not contiguous to the continental United States or an

undertaking including matters other than transportation, this

liability for breach by the other person or the performing carrier

may be varied by agreement of the parties.

(b) If goods covered by a through bill of lading or other

document of title embodying an undertaking to be performed in part

by a person other than the issuer are received by that person, the

person is subject, with respect to its own performance while the

goods are in its possession, to the obligation of the issuer. The

person’s obligation is discharged by delivery of the goods to

another person pursuant to the bill or document and does not include

liability for breach by any other person or by the issuer.

(c) The issuer of a through bill of lading or other document of

title described in subsection (a) of this section is entitled to

recover from the connecting carrier, or other person in possession

of the goods when the breach of the obligation under the bill or

other document occurred:

(1) the amount it may be required to pay to any person entitled

to recover on the bill or other document for the breach, as may be

evidenced by any receipt, judgment, or transcript of judgment; and

(2) the amount of any expense reasonably incurred by the issuer

in defending any action by any person entitled to recover on the

bill or other document for the breach.
Okla. Stat. tit. 12, § 12-938 — OK Code / Title 12 / Section 12-938
Attorney fees taxed as costs in certain actions relating
Status: in_force

to public utilities.

In any civil action or proceeding to recover for the overpayment

of any charge for water, sanitary sewer, garbage, electric or

natural gas service from any person, firm or corporation, or to

determine the right of any person, firm or corporation to receive

any such service, the prevailing party shall be allowed a reasonable

attorney fee to be set by the court, to be taxed and collected as

costs.
Okla. Stat. tit. 12A, § 12A-3-101 — OK Code / Title 12A / Section 12A-3-101
Short Title
Status: in_force

SHORT TITLE

This article may be cited as Uniform Commercial Code -

Negotiable Instruments.
Okla. Stat. tit. 12A, § 12A-4-107 — OK Code / Title 12A / Section 12A-4-107
Separate Office of Bank
Status: in_force

SEPARATE OFFICE OF BANK

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 334

A branch or separate office of a bank is a separate bank for the

purpose of computing the time within which and determining the place

at or to which action may be taken or notice or orders must be given

under this article and under Article 3 of this title.
Okla. Stat. tit. 12A, § 12A-2-725 — OK Code / Title 12A / Section 12A-2-725
Statute of Limitations in Contracts for Sale
Status: in_force

(1) An action for breach of any contract for sale must be

commenced within five (5) years after the cause of action has

accrued. By the original agreement the parties may reduce the

period of limitation to not less than one (1) year but may not

extend it.

(2) A cause of action accrues when the breach occurs, regardless

of the aggrieved party's lack of knowledge of the breach. A breach

of warranty occurs when tender of delivery is made, except that

where a warranty explicitly extends to future performance of the

goods and discovery of the breach must await the time of such

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 231

performance the cause of action accrues when the breach is or should

have been discovered.

(3) Where an action commenced within the time limited by

subsection (1) is so terminated as to leave available a remedy by

another action for the same breach such other action may be

commenced after the expiration of the time limited and within one

(1) year 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 which

have accrued before this act becomes effective.
Okla. Stat. tit. 12, § 12-63 — OK Code / Title 12 / Section 12-63
Real estate mortgage as bond
Status: in_force

In every instance in this state where bond, indemnity or

guaranty is required, a first mortgage upon improved real estate

within this state shall be accepted: Provided, that the amount of

such bond, guaranty or indemnity shall not exceed fifty percent

(50%) of the reasonable valuation of such improved real estate,

exclusive of all buildings thereon; Provided, further, that where

the amount of such bond, guaranty or indemnity shall exceed fifty

percent (50%) of the reasonable valuation of such improved real

estate, exclusive of all buildings, then such first mortgage shall

be accepted to the extent of such fifty percent (50%) valuation.

R.L. 1910, § 5344.
Okla. Stat. tit. 12, § 12-1822 — OK Code / Title 12 / Section 12-1822
Construction with Dispute Resolution Act
Status: in_force

Nothing in this act shall be construed to replace or supersede

any provision of the Dispute Resolution Act or the rules and

procedures promulgated to implement and effectuate the Dispute

Resolution Act.
Okla. Stat. tit. 12, § 12-1585 — OK Code / Title 12 / Section 12-1585
Joinder of cause of action for debt - Stay of judgment
Status: in_force

In any action for replevin in any court of this state, it shall

be permissible for the plaintiff to join with the cause of action in

replevin a cause of action founded on a debt claimed to be owing to

the plaintiff if the debt shall be secured by a lien upon the

property sought to be recovered in the cause of action in replevin.

Upon the rendition of any judgment in replevin in any case wherein

there shall be joined a cause of action from debt, judgment for such

debt shall be stayed pending the determination of the amount thereof

remaining due to plaintiff after any sale of the property pursuant

to such liens.
Okla. Stat. tit. 12, § 12-718.12 — OK Code / Title 12 / Section 12-718.12
Effective date
Status: in_force

The Uniform Foreign-Country Money Judgments Recognition Act

applies to all actions commenced on or after the effective date of

the Uniform Foreign-Country Money Judgments Recognition Act in which

the issue of recognition of a foreign-country judgment is raised.
Okla. Stat. tit. 12, § 12-98 — OK Code / Title 12 / Section 12-98
Absence or flight of defendant - Effect of other laws
Status: in_force

When a cause of action accrues against a person and that person

is out of the state or has concealed himself, the period limited for

the commencement of the action shall not begin to run until he comes

into the state, or while he is concealed. If, after a cause of

action accrues against a person and that person leaves the state or

conceals himself, the time of his absence or concealment shall not

be computed as any part of the period within which the action must

be brought. Provided, however, that if any statute which extends

the exercise of personal jurisdiction of courts over a person or

corporation based upon service outside this state, or based upon

substituted service upon an official of this or any other state or

nation, or based upon service by publication permits the courts of

this state to acquire personal jurisdiction over the person, the

period of his absence or concealment shall be computed as part of

the period within which the action must be brought.

R.L. 1910, § 4660. Amended by Laws 1970, c. 76, § 1, emerg. eff.

March 20, 1970; Laws 1980, c. 31, eff. Oct. 1, 1980.
Okla. Stat. tit. 12, § 12-3232 — OK Code / Title 12 / Section 12-3232
Use of depositions in court proceedings
Status: in_force

A. USE OF DEPOSITIONS. At the trial or upon the hearing of a

motion or an interlocutory proceeding, any part or all of a

deposition, so far as admissible under the Oklahoma Evidence Code

applied as though the witness were then present and testifying, may

be used against any party who was present or who was represented at

the taking of the deposition or who had reasonable notice thereof,

in accordance with any of the following provisions:

1. Any deposition may be used by any party for the purpose of

contradicting or impeaching the testimony of deponent as a witness,

or for any other purpose permitted by the Oklahoma Evidence Code;

2. The deposition of a party or of anyone who at the time of

taking the deposition was an officer, director or managing agent, or

a person designated under paragraph 6 of subsection C of Section

3230 or subsection A of Section 3231 of this title to testify on

behalf of a public or private corporation, partnership or

association or governmental agency which is a party may be used for

any purpose;

3. The deposition of a witness, whether or not a party may be

used for any purpose if the court finds:

a. That the witness is dead, or

b. That the witness does not reside in the county where

the action or proceeding is pending or is sent for

trial by a change of venue or the witness is absent

therefrom, unless it appears that the absence of the

witness was procured by the party offering the

deposition, or

c. That the witness is unable to attend or testify

because of age, illness, infirmity or imprisonment, or

d. That the party offering the deposition has been unable

to procure the attendance of the witness by subpoena,

or

e. That the witness is an expert witness, who for

purposes of this section is a person educated in a

special art or profession or a person possessing

special or peculiar knowledge acquired from practical

experience, or

Oklahoma Statutes - Title 12. Civil Procedure Page 524

f. Upon application and notice, that such exceptional

circumstances exist as to make it desirable, in the

interest of justice and with due regard to the

importance of presenting the testimony of witnesses

orally in open court, to allow the deposition to be

used.

Nothing in this paragraph shall be construed to limit the

authority of the appropriate office to issue a subpoena to compel an

expert witness to appear in the same manner as any other witness;

4. If only part of a deposition is offered in evidence by a

party, an adverse party may require the introduction of any other

part which ought in fairness to be considered with the part

introduced, and any party may introduce any other parts.

Substitution of parties pursuant to Section 1081, 1082, 1083 or

2025 of this title does not affect the right to use depositions

previously taken. When an action has been brought in this state or

in any court of the United States or of any other state and another

action involving the same subject matter is afterward brought

between the same parties or their representatives or successors in

interest, all depositions lawfully taken and duly filed in the

former action may be used in the latter as if originally taken

therefor.

A deposition previously taken may also be used as permitted by

the Oklahoma Evidence Code.

B. OBJECTIONS TO ADMISSIBILITY. Subject to the provisions of

subsection B of Section 3228 of this title and paragraph 3 of

subsection D of this section, objection may be made, at the trial or

hearing, to receiving in evidence any deposition or part thereof for

any reason which would require the exclusion of the evidence if the

witness were then present and testifying.

C. FORM OF PRESENTATION. Except as otherwise directed by the

court, a party offering deposition testimony pursuant to this

section may offer it in stenographic or nonstenographic form, but,

if in nonstenographic form, the party shall also provide the court

with a transcript of the portions so offered.

D. EFFECT OF ERRORS AND IRREGULARITIES IN DEPOSITIONS.

1. AS TO NOTICE. All errors and irregularities in the notice

for taking a deposition are waived unless written objection is

promptly served upon the party giving the notice.

2. AS TO DISQUALIFICATION OF OFFICER. Objection to taking a

deposition because of disqualification of the officer before whom it

is to be taken is waived unless made before the taking of the

deposition begins or as soon thereafter as the disqualification

becomes known or could be discovered with reasonable diligence.

3. AS TO TAKING OF DEPOSITION.

a. Objections to the competency of a witness or to the

competency, relevancy or materiality of testimony are

Oklahoma Statutes - Title 12. Civil Procedure Page 525

not waived by failure to make them before or during

the taking of the deposition, unless the ground of the

objection is one which might have been obviated or

removed if presented at that time.

b. Errors and irregularities occurring in the manner of

the oral examination in the taking of the deposition,

in the form of the questions or answers, in the oath

or affirmation, or in the conduct of parties, and

errors of any kind which might be obviated, removed or

cured if promptly presented, are waived unless

seasonable objection thereto is made at the taking of

the deposition.

c. Objections to the form of written questions submitted

under Section 3231 of this title are waived unless

served in writing upon the party propounding them

within the time allowed for serving the succeeding

cross or other questions or within five (5) days after

service of the last questions authorized.

4. AS TO COMPLETION AND RETURN OF DEPOSITION. Errors and

irregularities:

a. in the manner in which the testimony is transcribed or

recorded, or

b. in the manner in which the deposition is prepared,

signed, certified, sealed, endorsed, transmitted,

filed, or otherwise dealt with by the officer under

Sections 3230 and 3231 of this title

are waived unless a motion to suppress the deposition or some part

thereof is made with reasonable promptness after such defect is, or

with due diligence might have been, ascertained.
Okla. Stat. tit. 12, § 12-1811 — OK Code / Title 12 / Section 12-1811
Disbursement of funds - Method of reimbursement
Status: in_force

Upon the approval of an application by the Director and at his

direction, monies in the Dispute Resolution System Revolving Fund

shall be disbursed to a center for operational costs of approved

center programs. The method of reimbursement for dispute resolution

program costs shall be specified by the Director pursuant to rules

and regulations.
Okla. Stat. tit. 12, § 12-726 — OK Code / Title 12 / Section 12-726
Uniformity of interpretation
Status: in_force

This act shall be so interpreted and construed as to effectuate

its general purpose to make uniform the law of those states which

enact it.
Okla. Stat. tit. 12, § 12-1196 — OK Code / Title 12 / Section 12-1196
Judgment - Garnishee liability to defendant
Status: in_force

If the plaintiff takes issue with the answer of the garnishee,

the plaintiff may have a copy of the garnishee's answer and a copy

of the plaintiff's notice which takes issue with the answer served

on the defendant. If the defendant is served copies of the

garnishee's answer and the plaintiff's notice, the determination of

the court as to the liability of the garnishee to the defendant will

be binding on the defendant in any future action involving him and

the garnishee whether or not the defendant participates in the trial

of the issues raised by the garnishee's answer.
Okla. Stat. tit. 12, § 12-1460 — OK Code / Title 12 / Section 12-1460
Recovery by plaintiff
Status: in_force

If judgment be given for the plaintiff, he shall recover the

damages which he shall have sustained, to be ascertained by the

court or jury, or by referees, as in a civil action, and costs; and

a peremptory mandamus shall also be granted to him without delay.

R.L. 1910, § 4916.
Okla. Stat. tit. 12, § 12-2506.1 — OK Code / Title 12 / Section 12-2506.1
Renumbered as § 2503.1 of this title by Laws 2002, c
Status: in_force

468, § 78, eff. Nov. 1, 2002.
Okla. Stat. tit. 12A, § 12A-1-303 — OK Code / Title 12A / Section 12A-1-303
Course of Performance, Course of Dealing, and Usage of
Status: in_force

Trade.

Course of Performance, Course of Dealing, and Usage of Trade.

(a) A “course of performance” is a sequence of conduct between

the parties to a particular transaction that exists if:

(1) the agreement of the parties with respect to the

transaction involves repeated occasions for performance by a party;

and

(2) the other party, with knowledge of the nature of the

performance and opportunity for objection to it, accepts the

performance or acquiesces in it without objection.

(b) A “course of dealing” is a sequence of conduct concerning

previous transactions between the parties to a particular

transaction that is fairly to be regarded as establishing a common

basis of understanding for interpreting their expressions and other

conduct.

(c) A “usage of trade” is any practice or method of dealing

having such regularity of observance in a place, vocation, or trade

as to justify an expectation that it will be observed with respect

to the transaction in question. The existence and scope of such a

usage must be proved as facts. If it is established that such a

usage is embodied in a trade code or similar record, the

interpretation of the record is a question of law.

(d) A course of performance or course of dealing between the

parties or usage of trade in the vocation or trade in which they are

engaged or of which they are or should be aware is relevant in

ascertaining the meaning of the agreement of the parties, may give

particular meaning to specific terms of the agreement, and may

supplement or qualify the terms of the agreement. A usage of trade

applicable in the place in which part of the performance under the

agreement is to occur may be so utilized as to that part of the

performance.

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

section, the express terms of an agreement and any applicable course

of performance, course of dealing, or usage of trade must be

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 183

construed whenever reasonable as consistent with each other. If

such a construction is unreasonable:

(1) express terms prevail over course of performance, course of

dealing, and usage of trade;

(2) course of performance prevails over course of dealing and

usage of trade; and

(3) course of dealing prevails over usage of trade.

(f) Subject to Section 2-209 and Section 2A-208 of this title,

a course of performance is relevant to show a waiver or modification

of any term inconsistent with the course of performance.

(g) Evidence of a relevant usage of trade offered by one party

is not admissible unless that party has given the other party notice

that the court finds sufficient to prevent unfair surprise to the

other party.
Okla. Stat. tit. 12, § 12-2011 — OK Code / Title 12 / Section 12-2011
Signing of pleadings
Status: in_force

SIGNING OF PLEADINGS

A. SIGNATURE. Every pleading, written motion, and other paper

shall be signed by at least one attorney of record in the individual

name of the attorney, whose Oklahoma Bar Association identification

number shall be stated, or, if the party is not represented by an

attorney, shall be signed by the party. Each paper shall state the

address of the signer and telephone number, if any. Except when

otherwise specifically provided by rule or statute, pleadings need

not be verified or accompanied by affidavit. An unsigned paper

shall be stricken unless the omission of the signature is corrected

promptly after being called to the attention of the attorney or

party.

B. REPRESENTATIONS TO COURT. By presenting to the court,

whether by signing, filing, submitting, or later advocating, a

pleading, written motion, or other paper, an attorney or

unrepresented party is certifying that to the best of the person's

knowledge, information, and belief, formed after an inquiry

reasonable under the circumstances:

1. It is not being presented for any improper or frivolous

purpose, such as to harass or to cause unnecessary delay or needless

increase in the cost of litigation;

2. The claims, defenses and other legal contentions therein are

warranted by existing law or by a nonfrivolous argument for the

extension, modification, or reversal of existing law or the

establishment of new law;

Oklahoma Statutes - Title 12. Civil Procedure Page 405

3. The allegations and other factual contentions have

evidentiary support or, if specifically so identified, are likely to

have evidentiary support after a reasonable opportunity for further

investigation or discovery; and

4. The denials of factual contentions are warranted on the

evidence or, if specifically so identified, are reasonably based on

a lack of information or belief.

C. SANCTIONS. If, after notice and a reasonable opportunity to

respond, the court determines that subsection B of this section has

been violated, the court shall, subject to the conditions stated

below, impose an appropriate sanction upon the attorneys, law firms,

or parties that have violated subsection B of this section or are

responsible for the violation.

1. HOW INITIATED.

a. By Motion. A motion for sanctions under this rule

shall be made separately from other motions or

requests and shall describe the specific conduct

alleged to violate subsection B of this section. It

shall be served as provided in Section 2005 of this

title, but shall not be filed with or presented to the

court unless, within twenty-one (21) days after

service of the motion or such other period as the

court may prescribe, the challenged paper, claim,

defense, contention, allegation, or denial is not

withdrawn or appropriately corrected. If warranted,

the court may award to the party prevailing on the

motion the reasonable expenses and attorneys fees

incurred in presenting or opposing the motion. Absent

exceptional circumstances, a law firm shall be held

jointly responsible for violations committed by its

partners, associates, and employees.

b. On Court's Initiative. On its own initiative, the

court may enter an order describing the specific

conduct that appears to violate subsection B of this

section and directing an attorney, law firm, or party

to show cause why it has not violated subsection B of

this section with respect thereto.

2. NATURE OF SANCTIONS; LIMITATIONS. A sanction imposed for

violation of this section shall be limited to what is sufficient to

deter repetition of such conduct or comparable conduct by others

similarly situated. Subject to the limitations in subparagraphs a,

b and c of this paragraph, the sanction may consist of, or include,

directives of a nonmonetary nature, an order to pay a penalty into

court, or, if warranted for effective deterrence, an order directing

payment to the movant of some or all of the reasonable attorneys

fees and other expenses incurred as a direct result of the

violation.

Oklahoma Statutes - Title 12. Civil Procedure Page 406

a. Monetary sanctions shall not be awarded against a

represented party for a violation of paragraph 2 of

subsection B of this section.

b. Monetary sanctions shall not be awarded on the court's

initiative unless the court issues its order to show

cause before a voluntary dismissal or settlement of

the claims made by or against the party which is, or

whose attorneys are, to be sanctioned.

c. Monetary sanctions shall be awarded for any violations

of paragraph 1 of subsection B of this section. The

sanctions shall consist of an order directing payment

of reasonable costs, including attorney fees, incurred

by the movant with respect to the conduct for which

the sanctions are imposed. In addition, the court may

impose any other sanctions authorized by this

paragraph.

3. ORDER. When imposing sanctions, the court shall describe

the conduct determined to constitute a violation of this section and

explain the basis for the sanction imposed.

D. INAPPLICABILITY TO DISCOVERY. This section does not apply

to disclosures and discovery requests, responses, objections, and

motions that are subject to the provisions of Sections 3226 through

3237 of this title.

E. DEFINITION. As used in this section, "frivolous" means the

action or pleading was knowingly asserted in bad faith or without

any rational argument based in law or facts to support the position

of the litigant or to change existing law.
Okla. Stat. tit. 12A, § 12A-7-505 — OK Code / Title 12A / Section 12A-7-505
Endorser not a guarantor for other parties
Status: in_force

Endorser Not a Guarantor For Other Parties.

The endorsement of a tangible document of title issued by a

bailee does not make the endorser liable for any default by the

bailee or by previous endorsers.
Okla. Stat. tit. 12A, § 12A-1-9-808 — OK Code / Title 12A / Section 12A-1-9-808
Persons entitled to file initial financing statement
Status: in_force

or continuation statement.

PERSONS ENTITLED TO FILE INITIAL

FINANCING STATEMENT OR CONTINUATION STATEMENT

A person may file an initial financing statement or a

continuation statement under this part if:

(1) the secured party of record authorizes the filing; and

(2) the filing is necessary under this part:

(A) to continue the effectiveness of a financing statement

filed before this act takes effect; or

(B) to perfect or continue the perfection of a security

interest.
Okla. Stat. tit. 12, § 12-3320 — OK Code / Title 12 / Section 12-3320
Authority of tribunal in case of noncompliance
Status: in_force

AUTHORITY OF TRIBUNAL IN CASE OF NONCOMPLIANCE.

A. If an agreement fails to meet the requirements of Section 4

of this act, or a lawyer fails to comply with Section 14 or 15 of

this act, a tribunal may nonetheless find that the parties intended

to enter into a collaborative law participation agreement if they:

1. Signed a record indicating an intention to enter into a

collaborative law participation agreement; and

2. Reasonably believed they were participating in a

collaborative law process.

B. If a tribunal makes the findings specified in subsection A

of this section, and the interests of justice require, the tribunal

may:

1. Enforce an agreement evidenced by a record resulting from

the process in which the parties participated;

2. Apply the disqualification provisions of Sections 5, 6, 9,

10, and 11 of this act; and

3. Apply a privilege under Section 17 of this act.
Okla. Stat. tit. 12, § 12-719 — OK Code / Title 12 / Section 12-719
Uniform Enforcement of Foreign Judgments Act
Status: in_force

This act may be cited as the Uniform Enforcement of Foreign

Judgments Act.

Oklahoma Statutes - Title 12. Civil Procedure Page 129
Okla. Stat. tit. 12, § 12-2018 — OK Code / Title 12 / Section 12-2018
Joinder of claims and remedies
Status: in_force

JOINDER OF CLAIMS AND REMEDIES

A. JOINDER OF CLAIMS. A party asserting a claim to relief as

an original claim, counterclaim, cross-claim, or third-party claim,

may join, either as independent or as alternate claims, as many

claims, legal or equitable, as he has against an opposing party.

B. JOINDER OF REMEDIES; FRAUDULENT CONVEYANCES. Whenever a

claim is one heretofore cognizable only after another claim has been

Oklahoma Statutes - Title 12. Civil Procedure Page 416

prosecuted to a conclusion, the two claims may be joined in a single

action; but the court shall grant relief in that action only in

accordance with the relative substantive rights of the parties. In

particular, a plaintiff may state a claim for money and a claim to

have set aside a conveyance fraudulent as to him, without first

having obtained a judgment establishing the claim for money.

C. CONSOLIDATION. When actions involving a common question of

law or fact are pending before the court, it may order a joint

hearing or trial of any or all the matters in issue in the actions;

it may order all the actions consolidated; and it may make such

orders concerning proceedings therein as may tend to avoid

unnecessary costs or delay.

D. SEPARATE TRIALS. The court, in furtherance of convenience

or to avoid prejudice, or when separate trials will be conducive to

expedition and economy, may order a separate trial of any claim,

cross-claim, counterclaim, or third-party claim, or of any separate

issue or of any number of claims, cross-claims, counterclaims,

third-party claims, or issues, always preserving inviolate the right

of trial by jury.
Okla. Stat. tit. 12, § 12-1600.2 — OK Code / Title 12 / Section 12-1600.2
Renumbered as § 302 of Title 43 by Laws 1990, c. 188, §
Status: in_force

3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12A, § 12A-2-709 — OK Code / Title 12A / Section 12A-2-709
Action for the Price
Status: in_force

(1) When the buyer fails to pay the price as it becomes due the

seller may recover, together with any incidental damages under the

next section, the price

(a) of goods accepted or of conforming goods lost or

damaged within a commercially reasonable time after risk of their

loss has passed to the buyer; and

(b) of goods identified to the contract if the seller is

unable after reasonable effort to resell them at a reasonable price

or the circumstances reasonably indicate that such effort will be

unavailing.

(2) Where the seller sues for the price he must hold for the

buyer any goods which have been identified to the contract and are

still in his control except that if resale becomes possible he may

resell them at any time prior to the collection of the judgment. The

net proceeds of any such resale must be credited to the buyer and

the payment of the judgment entitles him to any goods not resold.

(3) After the buyer has wrongfully rejected or revoked

acceptance of the goods or has failed to make a payment due or has

repudiated (Section 2-610), a seller who is held not entitled to the

price under this section shall nevertheless be awarded damages for

nonacceptance under the preceding section.
Okla. Stat. tit. 12A, § 12A-2A-528 — OK Code / Title 12A / Section 12A-2A-528
Lessor's damages for nonacceptance, failure to pay,
Status: in_force

repudiation, or other default.

LESSOR'S DAMAGES FOR NONACCEPTANCE, FAILURE TO PAY,

REPUDIATION, OR OTHER DEFAULT

(1) Except as otherwise provided with respect to damages

liquidated in the lease agreement (Section 2A-504 of this title) or

otherwise determined pursuant to agreement of the parties

(subsection (c) of Section 15 of this act and Section 2A-503 of this

title), if a lessor elects to retain the goods or a lessor elects to

dispose of the goods and the disposition is by lease agreement that

for any reason does not qualify for treatment under subsection (2)

of Section 2A-527 of this title, or is by sale or otherwise, the

lessor may recover from the lessee as damages for a default of the

type described in subsection (1) of Section 2A-523 or paragraph (a)

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 277

of subsection (3) of Section 2A-523, or, if agreed, for other

default of the lessee:

(i) accrued and unpaid rent as of the date of default if

the lessee has never taken possession of the goods,

or, if the lessee has taken possession of the goods,

as of the date the lessor repossesses the goods or an

earlier date on which the lessee makes a tender of the

goods to the lessor,

(ii) the present value as of the date determined under

clause (i) of this subsection of the total rent for

the then remaining lease term of the original lease

agreement minus the present value as of the same date

of the market rent at the place where the goods are

located computed for the same lease term, and

(iii) any incidental damages allowed under Section 2A-530 of

this title, less expenses saved in consequence of the

lessee's default.

(2) If the measure of damages provided in subsection (1) of

this section is inadequate to put a lessor in as good a position as

performance would have, the measure of damages is the present value

of the profit, including reasonable overhead, the lessor would have

made from full performance by the lessee, together with any

incidental damages allowed under Section 2A-530 of this title, due

allowance for costs reasonably incurred and due credit for payments

or proceeds of disposition.
Okla. Stat. tit. 12, § 12-1600.21 — OK Code / Title 12 / Section 12-1600.21
Renumbered as § 325 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12A, § 12A-1-9-615 — OK Code / Title 12A / Section 12A-1-9-615
Application of proceeds of disposition; liability for
Status: in_force

deficiency and right to surplus.

APPLICATION OF PROCEEDS OF DISPOSITION;

LIABILITY FOR DEFICIENCY AND RIGHT TO SURPLUS

(a) A secured party shall apply or pay over for application the

cash proceeds of disposition pursuant to Section 1-9-610 of this

title in the following order to:

(1) the reasonable expenses of retaking, holding, preparing for

disposition, processing, and disposing, and, to the extent provided

for by agreement and not prohibited by law, reasonable attorney fees

and legal expenses incurred by the secured party;

(2) the satisfaction of obligations secured by the security

interest or agricultural lien under which the disposition is made;

(3) the satisfaction of obligations secured by any subordinate

security interest in or other subordinate lien on the collateral if:

(A) the secured party receives from the holder of the

subordinate security interest or other lien a signed

demand for proceeds before distribution of the

proceeds is completed; and

(B) in a case in which a consignor has an interest in the

collateral, the subordinate security interest or other

lien is senior to the interest of the consignor; and

(4) a secured party that is a consignor of the collateral if

the secured party receives from the consignor a signed demand for

proceeds before distribution of the proceeds is completed.

(b) If requested by a secured party, a holder of a subordinate

security interest or other lien shall furnish reasonable proof of

the interest or lien within a reasonable time. Unless the holder

does so, the secured party need not comply with the holder's demand

under paragraph (3) of subsection (a) of this section.

(c) A secured party need not apply or pay over for application

noncash proceeds of disposition pursuant to Section 1-9-610 of this

title unless the failure to do so would be commercially

unreasonable. A secured party that applies or pays over for

application noncash proceeds shall do so in a commercially

reasonable manner.

(d) If the security interest under which a disposition is made

secures payment or performance of an obligation, after making the

payments and applications required by subsection (a) of this section

and permitted by subsection (c) of this section:

(1) unless paragraph (4) of subsection (a) of this section

requires the secured party to apply or pay over cash proceeds to a

consignor, the secured party shall account to and pay a debtor for

any surplus; and

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 149

(2) the obligor is liable for any deficiency.

(e) If the underlying transaction is a sale of accounts,

tangible chattel paper, payment intangibles, or promissory notes:

(1) the debtor is not entitled to any surplus; and

(2) the obligor is not liable for any deficiency.

(f) The surplus or deficiency following a disposition is

calculated based on the amount of proceeds that would have been

realized in a disposition complying with this part to a transferee

other than the secured party, a person related to the secured party,

or a secondary obligor if:

(1) the transferee in the disposition is the secured party, a

person related to the secured party, or a secondary obligor; and

(2) the amount of proceeds of the disposition is significantly

below the range of proceeds that a complying disposition to a person

other than the secured party, a person related to the secured party,

or a secondary obligor would have brought.

(g) A secured party that receives cash proceeds of a

disposition in good faith and without knowledge that the receipt

violates the rights of the holder of a security interest or other

lien that is not subordinate to the security interest or

agricultural lien under which the disposition is made:

(1) takes the cash proceeds free of the security interest or

other lien;

(2) is not obligated to apply the proceeds of the disposition

to the satisfaction of obligations secured by the security interest

or other lien; and

(3) is not obligated to account to or pay the holder of the

security interest or other lien for any surplus.
Okla. Stat. tit. 12, § 12-3226A — OK Code / Title 12 / Section 12-3226A
Withdrawal of certain discovery items
Status: in_force

Not less than thirty (30) days nor more than sixty (60) days

after the filing of a judgment, decree, or final appealable order if

no appeal is taken, or within thirty (30) days after issuance of the

mandate by the appellate court if appealed, the party or counsel

shall withdraw, upon proper receipt to the court clerk, any

previously filed discovery items which were not introduced into

evidence which were not included in the record on appeal or which

are not needed for decision of the case on remand, if any.
Okla. Stat. tit. 12, § 12-2613 — OK Code / Title 12 / Section 12-2613
Prior statements of witnesses
Status: in_force

A. In examining a witness concerning a prior statement made by

the witness whether in a record or not, the statement need not be

shown nor its contents disclosed to the witness at that time but on

request the same shall be shown or disclosed to opposing counsel

just prior to the cross-examination of the witness.

B. Extrinsic evidence of a prior inconsistent statement by a

witness is not admissible unless the witness is afforded an

opportunity to explain or deny the same and the opposite party is

afforded an opportunity to interrogate the witness thereon. This

provision does not apply to admissions of a party opponent as

defined in paragraph 2 of subsection B of Section 2801 of this

title.
Okla. Stat. tit. 12, § 12-841 — OK Code / Title 12 / Section 12-841
Property, equitable interests subject to execution
Status: in_force

At any time after judgment, any property of the judgment debtor,

including any equitable interest he may have, unless by law

expressly excluded from being reached by creditors shall be subject

to the payment of such judgment, by action, or as hereinafter

provided.

R.L. 1910, § 5189. Amended by Laws 1965, c. 300, § 1.
Okla. Stat. tit. 12, § 12-2003 — OK Code / Title 12 / Section 12-2003
Commencement of action
Status: in_force

COMMENCEMENT OF ACTION

A civil action is commenced by filing a petition with the court.
Okla. Stat. tit. 12A, § 12A-1-9-107A — OK Code / Title 12A / Section 12A-1-9-107A
Control of controllable electronic record,
Status: in_force

controllable account, or controllable payment intangible.

CONTROL OF CONTROLLABLE ELECTRONIC RECORD, CONTROLLABLE ACCOUNT, OR

CONTROLLABLE PAYMENT INTANGIBLE

(a) A secured party has control of a controllable electronic

record as provided in Section 12-105 of this title.

(b) A secured party has control of a controllable account or

controllable payment intangible if the secured party has control of

the controllable electronic record that evidences the controllable

account or controllable payment intangible.A security interest arising under Section 2-401, 2-505, paragraph (3) of Section 2-711, or paragraph

(5) of Section 2A-508 of this title is subject to this article. However, until the debtor obtains
Okla. Stat. tit. 12, § 12-1148.7 — OK Code / Title 12 / Section 12-1148.7
Jury trial - Trial by court
Status: in_force

A jury trial shall only be an option for claims for the

collection of rent or damages to the premises, or claims arising

under the Oklahoma Residential Landlord and Tenant Act, and shall

not be an option for forcible entry and detention actions. For

suits with actions for the forcible entry and detention, or

detention only, of real property, along with claims for the

Oklahoma Statutes - Title 12. Civil Procedure Page 226

collection of rent or damages to the premises, or claims arising

under the Oklahoma Residential Landlord and Tenant Act, and a jury

trial is requested, the suit for forcible entry and detention shall

be severed from the other claims in the suit and shall have its own

non-jury trial. For suits where a jury trial is an option, if

neither party demands a jury trial on or before the day of trial,

the court shall try the cause.
Okla. Stat. tit. 12A, § 12A-2-305 — OK Code / Title 12A / Section 12A-2-305
Open Price Term
Status: in_force

(1) The parties if they so intend can conclude a contract for

sale even though the price is not settled. In such a case the price

is a reasonable price at the time for delivery if

(a) nothing is said as to price; or

(b) the price is left to be agreed by the parties and they

fail to agree; or

(c) the price is to be fixed in terms of some agreed

market or other standard as set or recorded by a third

person or agency and it is not so set or recorded.

(2) A price to be fixed by the seller or by the buyer means a

price for him to fix in good faith.

(3) When a price left to be fixed otherwise than by agreement

of the parties fails to be fixed through fault of one party the

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 195

other may at his option treat the contract as cancelled or himself

fix a reasonable price.

(4) Where, however, the parties intend not to be bound unless

the price be fixed or agreed and it is not fixed or agreed there is

no contract. In such case the buyer must return any goods already

received or if unable so to do must pay their reasonable value at

the time of delivery and the seller must return any portion of the

price paid on account.
Okla. Stat. tit. 12, § 12-171.1 — OK Code / Title 12 / Section 12-171.1
Effect of affidavit of service
Status: in_force

No judgment rendered more than ten (10) years prior hereto

against unknown heirs, executors, administrators, devisees, trustees

or assigns of any deceased person or, in the alternative, against a

person or his unknown heirs, executors, administrators, devisees and

assigns, shall ever be construed or held to be either void or

voidable on the ground of the alleged insufficiency of said

affidavit, provided the requirements of 12 O.S. 1961, § 171, are met

in such affidavit, either directly or by inference. All such

judgments, if not otherwise defective, are hereby declared valid and

legally effective and conclusive as of the date thereof. Provided,

that nothing in this act shall be construed to affect any litigation

now pending in any courts of the State of Oklahoma on the effective

date of this act.
Okla. Stat. tit. 12A, § 12A-3-104 — OK Code / Title 12A / Section 12A-3-104
Negotiable Instrument
Status: in_force

NEGOTIABLE INSTRUMENT

(a) Except as provided in subsections (c) and (d) of this

section, "negotiable instrument" means an unconditional promise or

order to pay a fixed amount of money, with or without interest or

other charges described in the promise or order, if it:

(1) is payable to bearer or to order at the time it is

issued or first comes into possession of a holder;

(2) is payable on demand or at a definite time; and

(3) does not state any other undertaking or instruction by

the person promising or ordering payment to do any act

in addition to the payment of money, but the promise

or order may contain (i) an undertaking or power to

give, maintain, or protect collateral to secure

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 283

payment, (ii) an authorization or power to the holder

to confess judgment or realize on or dispose of

collateral, (iii) a waiver of the benefit of any law

intended for the advantage or protection of an

obligor, (iv) a term that specifies the law that

governs the promise or order, or (v) an undertaking to

resolve in a specified forum a dispute concerning the

promise or order.

(b) "Instrument" means a negotiable instrument.

(c) An order that meets all of the requirements of subsection

(a) of this section, except paragraph (1), and otherwise falls

within the definition of "check" in subsection (f) of this section

is a negotiable instrument and a check.

(d) A promise or order other than a check is not an instrument

if, at the time it is issued or first comes into possession of a

holder, it contains a conspicuous statement, however expressed, to

the effect that the promise or order is not negotiable or is not an

instrument governed by this article.

(e) An instrument is a "note" if it is a promise and is a

"draft" if it is an order. If an instrument falls within the

definition of both "note" and "draft", a person entitled to enforce

the instrument may treat it as either.

(f) "Check" means (i) a draft, other than a documentary draft,

payable on demand and drawn on a bank or (ii) a cashier's check or

teller's check. An instrument may be a check even though it is

described on its face by another term, such as "money order".

(g) "Cashier's check" means a draft with respect to which the

drawer and drawee are the same bank or branches of the same bank.

(h) "Teller's check" means a draft drawn by a bank (i) on

another bank, or (ii) payable at or through a bank.

(i) "Traveler's check" means an instrument that (i) is payable

on demand, (ii) is drawn on or payable at or through a bank, (iii)

is designated by the term "traveler's check" or by a substantially

similar term, and (iv) requires, as a condition to payment, a

countersignature by a person whose specimen signature appears on the

instrument.

(j) "Certificate of deposit" means an instrument containing an

acknowledgment by a bank that a sum of money has been received by

the bank and a promise by the bank to repay the sum of money. A

certificate of deposit is a note of the bank.
Okla. Stat. tit. 12, § 12-1808 — OK Code / Title 12 / Section 12-1808
Administration of programs
Status: in_force

A. Programs established pursuant to the provisions of Section

1803 of Title 12 of the Oklahoma Statutes shall be administered and

supervised by the Director to ensure the stability and continuance

of dispute resolution centers.

B. Every center shall be operated by an administrator and shall

be established on the basis of community need as determined by the

Director.

C. All centers shall be operated pursuant to a contract with

the Director and shall comply with the provisions of the Dispute

Resolution Act and the provisions of this act.
Okla. Stat. tit. 12, § 12-3311 — OK Code / Title 12 / Section 12-3311
Governmental entity as party
Status: in_force

GOVERNMENTAL ENTITY AS PARTY.

Oklahoma Statutes - Title 12. Civil Procedure Page 550

A. The disqualification of subsection A of Section 9 of this

act applies to a collaborative lawyer representing a party that is a

government or governmental subdivision, agency, or instrumentality.

B. After a collaborative law process concludes, another lawyer

in a law firm with which the collaborative lawyer is associated may

represent a government or governmental subdivision, agency, or

instrumentality in the collaborative matter or a matter related to

the collaborative matter if:

1. The collaborative law participation agreement so provides;

and

2. The collaborative lawyer is isolated from any participation

in the collaborative matter or a matter related to the collaborative

matter through procedures within the law firm which are reasonably

calculated to isolate the collaborative lawyer from such

participation.
Okla. Stat. tit. 12A, § 12A-2A-306 — OK Code / Title 12A / Section 12A-2A-306
Priority of certain liens arising by operation of law
Status: in_force

PRIORITY OF CERTAIN LIENS ARISING BY OPERATION OF LAW

If a person in the ordinary course of his business furnishes

services or materials with respect to goods subject to a lease

contract, a lien upon those goods in the possession of that person

given by statute or rule of law for those materials or services

takes priority over any interest of the lessor or lessee under the

lease contract or this article unless the lien is created by statute

and the statute provides otherwise or unless the lien is created by

rule of law and the rule of law provides otherwise.
Okla. Stat. tit. 12, § 12-1054 — OK Code / Title 12 / Section 12-1054
Action for death - Who may sue
Status: in_force

In all cases where the residence of the party whose death has

been caused as set forth in the preceding section of this article is

at the time of his death in any other state or territory, or when,

being a resident of this state, no personal representative is or has

been appointed, the action provided in the said section may be

brought by the widow, or where there is no widow, by the next of kin

of such deceased.

R.L. 1910, § 5282.
Okla. Stat. tit. 12A, § 12A-2A-521 — OK Code / Title 12A / Section 12A-2A-521
Lessee's right to specific performance or replevin
Status: in_force

LESSEE'S RIGHT TO SPECIFIC PERFORMANCE OR REPLEVIN

(1) Specific performance may be decreed if the goods are unique

or in other proper circumstances.

(2) A decree for specific performance may include any terms and

conditions as to payment of the rent, damages, or other relief that

the court deems just.

(3) A lessee has a right of replevin, detinue, sequestration,

claim and delivery, or the like for goods identified to the lease

contract if after reasonable effort the lessee is unable to effect

cover for those goods or the circumstances reasonably indicate that

the effort will be unavailing.
Okla. Stat. tit. 12, § 12-731 — OK Code / Title 12 / Section 12-731
Executions - Defined - How issued - Different counties
Status: in_force

Executions shall be deemed process of the court, and shall be

issued by the clerk, and directed to the sheriff of the county.

They may be directed to different counties at the same time.

R.L. 1910, § 5149.
Okla. Stat. tit. 12, § 12-1 — OK Code / Title 12 / Section 12-1
Title of chapter
Status: in_force

This chapter shall be known as the Code of Civil Procedure of

the State of Oklahoma.

R.L. 1910, § 4641.
Okla. Stat. tit. 12, § 12-923 — OK Code / Title 12 / Section 12-923
False swearing in such case
Status: in_force

Any person willfully swearing falsely in making the affidavit

aforesaid, shall, on conviction, be adjudged guilty of the felony of

perjury, a Class D3 felony offense, and shall be punished by

imprisonment as provided for in subsections B through F of Section

20P of Title 21 of the Oklahoma Statutes.

R.L. 1910, § 5224. Amended by Laws 1997, c. 133, § 131, eff. July

1, 1999; Laws 2025, c. 486, § 646, eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 131 from July 1, 1998, to July 1, 1999.
Okla. Stat. tit. 12, § 12-3009 — OK Code / Title 12 / Section 12-3009
Medical bills - Identification
Status: in_force

Upon the trial of any civil case involving injury, disease or

disability, the patient, a member of the patient’s family or any

other person responsible for the care of the patient, shall be a

competent witness to identify doctor bills, hospital bills,

ambulance service bills, drug bills and similar bills for expenses

incurred in the treatment of the patient upon a showing by the

witness that such bills were received from a licensed practicing

physician, hospital, ambulance service, pharmacy, drug store, or

supplier of therapeutic or orthopedic devices, and that such

expenses were incurred in connection with the treatment of the

injury, disease or disability involved in the subject of litigation

at trial. Such items of evidence need not be identified by the

person who submits the bill, and it shall not be necessary for an

expert witness to testify that the charges were reasonable and

necessary.
Okla. Stat. tit. 12A, § 12A-2-104 — OK Code / Title 12A / Section 12A-2-104
Definitions: "Merchant"; "Between merchants";
Status: in_force

"Financing agency".

Definitions: "Merchant"; "Between Merchants"; "Financing

Agency".

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 187

(1) "Merchant" means a person who deals in goods of the kind or

otherwise by his occupation holds himself out as having knowledge or

skill peculiar to the practices or goods involved in the transaction

or to whom such knowledge or skill may be attributed by his

employment of an agent or broker or other intermediary who by his

occupation holds himself out as having such knowledge or skill.

(2) "Financing agency" means a bank, finance company or other

person who in the ordinary course of business makes advances against

goods or documents of title or who by arrangement with either the

seller or the buyer intervenes in ordinary course to make or collect

payment due or claimed under the contract for sale, as by purchasing

or paying the seller's draft or making advances against it or by

merely taking it for collection whether or not documents of title

accompany or are associated with the draft. "Financing agency"

includes also a bank or other person who similarly intervenes

between persons who are in the position of seller and buyer in

respect to the goods (Section 2-707).

(3) "Between merchants" means in any transaction with respect

to which both parties are chargeable with the knowledge or skill of

merchants.
Okla. Stat. tit. 12, § 12-993 — OK Code / Title 12 / Section 12-993
Appeals from certain orders
Status: in_force

A. When an order:

1. Discharges, vacates, or modifies or refuses to discharge,

vacate, or modify an attachment;

2. Denies a temporary or permanent injunction, grants a

temporary or permanent injunction except where granted at an ex

parte hearing, or discharges, vacates, or modifies or refuses to

discharge, vacate, or modify a temporary or permanent injunction;

3. Discharges, vacates, or modifies or refuses to discharge,

vacate, or modify a provisional remedy which affects the substantial

rights of a party;

4. Appoints a receiver except where the receiver was appointed

at an ex parte hearing, refuses to appoint a receiver, or vacates or

refuses to vacate the appointment of a receiver;

Oklahoma Statutes - Title 12. Civil Procedure Page 193

5. Directs the payment of money pendente lite except where

granted at an ex parte hearing, refuses to direct the payment of

money pendente lite, or vacates or refuses to vacate an order

directing the payment of money pendente lite;

6. Certifies or refuses to certify an action to be maintained

as a class action;

7. Denies a motion in a class action asserting lack of

jurisdiction because an agency of this state has exclusive or

primary jurisdiction of the action or a part of the action, or

asserting that a party has failed to exhaust administrative

remedies, but only if the class is subsequently certified and only

as part of the appeal of the order certifying the class action; or

8. Grants a new trial or opens or vacates a judgment or order,

the party aggrieved thereby may appeal the order to the Supreme

Court without awaiting the final determination in said cause, by

filing the petition in error and the record on appeal with the

Supreme Court within thirty (30) days after the order prepared in

conformance with Section 696.3 of this title, is filed with the

court clerk. If the appellant did not prepare the order, and

Section 696.2 of this title required a copy of the order to be

mailed to the appellant, and the court records do not reflect the

mailing of a copy of the order to the appellant within three (3)

days, exclusive of weekends and holidays, after the filing of the

order, the petition in error may be filed within thirty (30) days

after the earliest date on which the court records show that a copy

of the order was mailed to the appellant. The Supreme Court may

extend the time for filing the record upon good cause shown.

B. If the order discharges or modifies an attachment or

temporary injunction and it becomes operative, the undertaking given

upon the allowance of an attachment or temporary injunction shall

stay the enforcement of said order and remain in full force until

final order of discharge shall take effect.

C. If a receiver shall be or has been appointed, upon the

appellant filing an appeal bond, with sufficient sureties, in such

sum as may have been required of the receiver by the court or a

judge thereof, conditioned for the due prosecution of the appeal and

the payment of all costs or damages that may accrue to the state or

any officer or person by reason thereof, the authority of the

receiver shall be suspended until the final determination of the

appeal, and if the receiver has taken possession of any property,

real or personal, it shall be returned and surrendered to the

appellant upon the filing and approval of the bonds.
Okla. Stat. tit. 12, § 12-1397 — OK Code / Title 12 / Section 12-1397
Tax or nuisance may be enjoined - Petition - No bond
Status: in_force

required.

An injunction may be granted to enjoin the enforcement of a void

judgment, the illegal levy of any tax, charge or assessment, or the

collection of any illegal tax, charge or assessment, or any

proceeding to enforce the same; and any number of persons whose

property is affected by a tax or assessment so levied may unite in

the petition filed to obtain such injunction. An injunction may be

granted in the name of the state to enjoin and suppress the keeping

and maintaining of a common nuisance. The petition therefor shall

be verified by the district attorney of the proper county, or by the

Attorney General, upon information and belief, and no bond shall be

required, but the county shall, in all other respects, be liable as

other plaintiffs.

R.L. 1910, § 4881.
Okla. Stat. tit. 12A, § 12A-4-207 — OK Code / Title 12A / Section 12A-4-207
Transfer Warranties
Status: in_force

TRANSFER WARRANTIES

(a) A customer or collecting bank that transfers an item and

receives a settlement or other consideration warrants to the

transferee and to any subsequent collecting bank that:

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

item;

(2) All signatures on the item are authentic and

authorized;

(3) The item has not been altered;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 338

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

recoupment (subsection (a) of Section 3-305 of this

title) of any party that can be asserted against the

warrantor; and

(5) The warrantor has no knowledge of any insolvency

proceeding commenced with respect to the maker or

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

drawer.

(b) If an item is dishonored, a customer or collecting bank

transferring the item and receiving settlement or other

consideration is obliged to pay the amount due on the item (i)

according to the terms of the item at the time it was transferred,

or (ii) if the transfer was of an incomplete item, according to its

terms when completed as stated in Sections 3-115 and 3-407 of this

title. The obligation of a transferor is owed to the transferee and

to any subsequent collecting bank that takes the item in good faith.

A transferor cannot disclaim its obligation under this subsection by

an indorsement stating that it is made "without recourse" or

otherwise disclaiming liability.

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

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

recover from the warrantor as damages for breach of warranty an

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

more than the amount of the item plus expenses and loss of interest

incurred as a result of the breach.

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

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

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

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

the identity of the warrantor, the warrantor is discharged to the

extent of any loss caused by the delay in giving notice of the

claim.

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

section accrues when the claimant has reason to know of the breach.
Okla. Stat. tit. 12A, § 12A-9-307.2 — OK Code / Title 12A / Section 12A-9-307.2
Renumbered as § 1-9-320.2 of this title by Laws 2000,
Status: in_force

c. 371, § 183, eff. July 1, 2001.
Okla. Stat. tit. 12A, § 12A-1-9-318 — OK Code / Title 12A / Section 12A-1-9-318
Rights and title of seller of account or chattel
Status: in_force

paper with respect to creditors and purchasers.

RIGHTS AND TITLE OF SELLER OF ACCOUNT OR CHATTEL

PAPER WITH RESPECT TO CREDITORS AND PURCHASERS

(a) A debtor that has sold an account, chattel paper, payment

intangible, or promissory note does not retain a legal or equitable

interest in the collateral sold.

(b) For purposes of determining the rights of creditors of, and

purchasers for value of an account or chattel paper from, a debtor

that has sold an account or chattel paper, while the buyer’s

security interest is unperfected, the debtor is deemed to have

rights and title to the account or chattel paper identical to those

the debtor sold.
Okla. Stat. tit. 12, § 12-1109 — OK Code / Title 12 / Section 12-1109
Remedies
Status: in_force

In such action the surety may obtain any of the provisional

remedies mentioned in Articles eight, nine and ten upon the grounds

and in the manner therein prescribed.

R.L. 1910, § 5309.
Okla. Stat. tit. 12, § 12-78 — OK Code / Title 12 / Section 12-78
Immaterial errors to be disregarded
Status: in_force

The court, in every stage of action, must disregard any error or

defect in the pleadings or proceedings which does not affect the

substantial rights of the adverse party; and no judgment shall be

reversed or affected by reason of such error or defect.

R.L. 1910, § 4791.
Okla. Stat. tit. 12A, § 12A-2-505 — OK Code / Title 12A / Section 12A-2-505
Seller's shipment under reservation
Status: in_force

Seller's Shipment Under Reservation.

(1) Where the seller has identified goods to the contract by or

before shipment:

(a) his procurement of a negotiable bill of lading to his own

order or otherwise reserves in him a security interest in the goods.

His procurement of the bill to the order of a financing agency or of

the buyer indicates in addition only the seller's expectation of

transferring that interest to the person named.

(b) a nonnegotiable bill of lading to himself or his nominee

reserves possession of the goods as security but except in a case of

conditional delivery (subsection (2) of Section 2-507) a

nonnegotiable bill of lading naming the buyer as consignee reserves

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 211

no security interest even though the seller retains possession or

control of the bill of lading.

(2) When shipment by the seller with reservation of a security

interest is in violation of the contract for sale it constitutes an

improper contract for transportation within the preceding section

but impairs neither the rights given to the buyer by shipment and

identification of the goods to the contract nor the seller's powers

as a holder of a negotiable document of title.
Okla. Stat. tit. 12A, § 12A-1-309 — OK Code / Title 12A / Section 12A-1-309
Option to accelerate at will
Status: in_force

Option to Accelerate at Will.

A term providing that one party or that party’s successor in

interest may accelerate payment or performance or require collateral

or additional collateral "at will" or when the party “deems itself

insecure", or in words of similar import, means that the party shall

have power to do so only if that party in good faith believes that

the prospect of payment or performance is impaired. The burden of

establishing lack of good faith is on the party against whom the

power has been exercised.
Okla. Stat. tit. 12, § 12-1600.6 — OK Code / Title 12 / Section 12-1600.6
Renumbered as § 306 of Title 43 by Laws 1990, c. 188, §
Status: in_force

3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12A, § 12A-1-9-323 — OK Code / Title 12A / Section 12A-1-9-323
Future advances
Status: in_force

FUTURE ADVANCES

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

section, for purposes of determining the priority of a perfected

security interest under paragraph (1) of subsection (a) of Section

1-9-322 of this title, perfection of the security interest dates

from the time an advance is made to the extent that the security

interest secures an advance that:

(1) is made while the security interest is perfected only:

(A) under Section 1-9-309 of this title when it attaches;

or

(B) temporarily under subsection (e), (f), or (g) of

Section 1-9-312 of this title; and

(2) is not made pursuant to a commitment entered into before or

while the security interest is perfected by a method other than

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 83

under Section 1-9-309 or subsection (e), (f), or (g) of Section 1-9-

312 of this title.

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

section, a security interest is subordinate to the rights of a

person that becomes a lien creditor to the extent that the security

interest secures an advance made more than forty-five (45) days

after the person becomes a lien creditor unless the advance is made:

(1) without knowledge of the lien; or

(2) pursuant to a commitment entered into without knowledge of

the lien.

(c) Subsections (a) and (b) of this section do not apply to a

security interest held by a secured party that is a buyer of

accounts, chattel paper, payment intangibles, or promissory notes or

a consignor.

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

section, a buyer of goods takes free of a security interest to the

extent that it secures advances made after the earlier of:

(1) the time the secured party acquires knowledge of the

buyer's purchase; or

(2) forty-five (45) days after the purchase.

(e) Subsection (d) of this section does not apply if the

advance is made pursuant to a commitment entered into without

knowledge of the buyer's purchase and before the expiration of the

forty-five-day period.

(f) Except as otherwise provided in subsection (g) of this

section, a lessee of goods takes the leasehold interest free of a

security interest to the extent that it secures advances made after

the earlier of:

(1) the time the secured party acquires knowledge of the lease;

or

(2) Forty-five (45) days after the lease contract becomes

enforceable.

(g) Subsection (f) of this section does not apply if the

advance is made pursuant to a commitment entered into without

knowledge of the lease and before the expiration of the forty-five-

day period.
Okla. Stat. tit. 12A, § 12A-1-9-338 — OK Code / Title 12A / Section 12A-1-9-338
Priority of security interest or agricultural lien
Status: in_force

perfected by filed financing statement providing certain incorrect

information.

PRIORITY OF SECURITY INTEREST OR

AGRICULTURAL LIEN PERFECTED BY FILED FINANCING

STATEMENT PROVIDING CERTAIN INCORRECT INFORMATION

If a security interest or agricultural lien is perfected by a

filed financing statement providing information described in

paragraph (5) of subsection (b) of Section 1-9-516 of this title

which is incorrect at the time the financing statement is filed:

(1) the security interest or agricultural lien is subordinate

to a conflicting perfected security interest in the collateral to

the extent that the holder of the conflicting security interest

gives value in reasonable reliance upon the incorrect information;

and

(2) a purchaser, other than a secured party, of the collateral

takes free of the security interest or agricultural lien to the

extent that, in reasonable reliance upon the incorrect information,

the purchaser gives value and, in the case of tangible chattel

paper, tangible documents, goods, instruments, or a security

certificate, receives delivery of the collateral.Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 2
Okla. Stat. tit. 12, § 12-1238 — OK Code / Title 12 / Section 12-1238
Reference to ascertain priority of attachments
Status: in_force

Where several attachments are executed upon the same property,

or the same persons are made garnishees, the court, on motion of any

of the plaintiffs, may order a reference, to ascertain and report

the amounts and priorities of the several attachments, or may

determine any such amount and priorities without such reference.

R.L. 1910, § 4859.
Okla. Stat. tit. 12, § 12-1778 — OK Code / Title 12 / Section 12-1778
Discovery control plan
Status: in_force

A. Every case that follows the expedited actions process shall

be governed by the discovery control plan provided for in this

section. Discovery shall be subject to the limitations provided for

in Section 3226 of Title 12 of the Oklahoma Statutes and to the

following additional limitations:

Oklahoma Statutes - Title 12. Civil Procedure Page 342

1. In a suit not governed by Title 43 of the Oklahoma Statutes,

all discovery shall be conducted during the discovery period, which

begins when the first initial disclosures are due and continues for

one hundred eighty (180) days. In a suit governed by Title 43 of

the Oklahoma Statutes, all discovery shall be conducted during the

discovery period, which begins when the suit is filed and continues

until one hundred eighty (180) days after the first request for

discovery of any kind is served on a party;

2. Each party shall have no more than twenty (20) hours in

total to examine and cross-examine all witnesses in oral

depositions. The court may modify the deposition hours so that no

party is given unfair advantage;

3. Any party may serve on any other party no more than fifteen

written interrogatories, excluding interrogatories asking a party

only to identify or authenticate specific documents. Each discrete

subpart of an interrogatory is considered a separate interrogatory;

4. Any party may serve on any other party no more than fifteen

written requests for production. Each discrete subpart of a request

for production is considered a separate request for production; and

5. Any party may serve on any other party no more than fifteen

written requests for admissions. Each discrete subpart of a request

for admission is considered a separate request for admission.

B. If a suit is removed from the expedited actions process or,

in a divorce, the filing of a pleading renders this section no

longer applicable, the discovery period shall reopen and discovery

shall be completed within the limitations provided in Section 3226

of Title 12 of the Oklahoma Statutes. Any person previously deposed

may be redeposed. On motion of any party, the court should continue

the trial date if necessary to permit completion of discovery.
Okla. Stat. tit. 12A, § 12A-2-713 — OK Code / Title 12A / Section 12A-2-713
Buyer's Damages for Nondelivery or Repudiation
Status: in_force

(1) Subject to the provisions of this article with respect to

proof of market price (Section 2-723), the measure of damages for

nondelivery or repudiation by the seller is the difference between

the market price at the time when the buyer learned of the breach

and the contract price together with any incidental and

consequential damages provided in this article (Section 2-715), but

less expenses saved in consequence of the seller's breach.

(2) Market price is to be determined as of the place for tender

or, in cases of rejection after arrival or revocation of acceptance,

as of the place of arrival.
Okla. Stat. tit. 12A, § 12A-2A-303 — OK Code / Title 12A / Section 12A-2A-303
Alienability of party's interest under lease contract
Status: in_force

or of lessor's residual interest in goods; delegation of

performance; transfer of rights.

ALIENABILITY OF PARTY'S INTEREST UNDER LEASE CONTRACT

OR OF LESSOR'S RESIDUAL INTEREST IN GOODS;

DELEGATION OF PERFORMANCE; TRANSFER OF RIGHTS

(1) As used in this section, "creation of a security interest"

includes the sale of a lease contract that is subject to Article 9

of this title, Secured Transactions, by reason of paragraph (3) of

subsection (a) of Section 1-9-109 of this title.

(2) Except as provided in subsection (3) of Section 1-9-407 of

this title, a provision in a lease agreement which (i) prohibits the

voluntary or involuntary transfer, including a transfer by sale,

sublease, creation or enforcement of a security interest, or

attachment, levy, or other judicial process, of an interest of a

party under the lease contract or of the lessor's residual interest

in the goods, or (ii) makes such a transfer an event of default,

gives rise to the rights and remedies provided in subsection (4) of

this section, but a transfer that is prohibited or is an event of

default under the lease agreement is otherwise effective.

(3) A provision in a lease agreement which (i) prohibits a

transfer of a right to damages for default with respect to the whole

lease contract or of a right to payment arising out of the

transferor's due performance of the transferor's entire obligation,

or (ii) makes such a transfer an event of default, is not

enforceable, and such a transfer is not a transfer that materially

impairs the prospect of obtaining return performance by, materially

changes the duty of, or materially increases the burden of risk

imposed on, the other party to the lease contract within the purview

of subsection (4) of this section.

(4) Subject to subsection (3) of this section and Section 1-9-

407 of this article:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 250

(a) if a transfer is made which is made an event of

default under a lease agreement, the party to the

lease contract not making the transfer, unless that

party waives the default or otherwise agrees, has the

rights and remedies described in subsection (2) of

Section 2A-501 of this title; or

(b) if paragraph (a) of this subsection is not applicable

and if a transfer is made that (i) is prohibited under

a lease agreement or (ii) materially impairs the

prospect of obtaining return performance by,

materially changes the duty of, or materially

increases the burden or risk imposed on, the other

party to the lease contract, unless the party not

making the transfer agrees at any time to the transfer

in the lease contract or otherwise, then, except as

limited by contract, (i) the transferor is liable to

the party not making the transfer for damages caused

by the transfer to the extent that the damages could

not reasonably be prevented by the party not making

the transfer and (ii) a court having jurisdiction may

grant other appropriate relief, including cancellation

of the lease contract or an injunction against the

transfer.

(5) A transfer of "the lease" or of "all my rights under the

lease", or a transfer in similar general terms, is a transfer of

rights and, unless the language or the circumstances, as in a

transfer for security, indicate the contrary, the transfer is a

delegation of duties by the transferor to the transferee.

Acceptance by the transferee constitutes a promise by the transferee

to perform those duties. The promise is enforceable by either the

transferor or the other party to the lease contract.

(6) Unless otherwise agreed by the lessor and the lessee, a

delegation of performance does not relieve the transferor as against

the other party of any duty to perform or of any liability for

default.

(7) In a consumer lease, to prohibit the transfer of an

interest of a party under the lease contract or to make a transfer

an event of default, the language must be specific, by a writing,

and conspicuous.
Okla. Stat. tit. 12, § 12-1148.10B — OK Code / Title 12 / Section 12-1148.10B
Curing of default - Good faith claim of failure to
Status: in_force

provide minimum services.

A. A tenant shall be allowed to cure a default in a forcible

entry and detainer action in the following instance:

The default of the tenant was due to unpaid rent which was

unpaid due to the good faith claim of a tenant that the landlord

failed to provide the minimum services required by subsection C of

Section 121 of Title 41 of the Oklahoma Statutes; provided that

written notice of said claim or actual notice to the landlord's

agent for collecting rent is provided within ten (10) days of the

date that rent became due.

B. In such instance, the order of the court must recite that

the tenant by paying the judgment including court costs and attorney

fees, by cash or cashier's check, within seventy-two (72) hours can

avoid a writ of execution, cure the breach and remain in the

premises.
Okla. Stat. tit. 12, § 12-2704 — OK Code / Title 12 / Section 12-2704
Opinion on ultimate issue
Status: in_force

Testimony in the form of an opinion or inference otherwise

admissible is not objectionable because it embraces an ultimate

issue to be decided by the trier of fact.
Okla. Stat. tit. 12A, § 12A-1-9-326A — OK Code / Title 12A / Section 12A-1-9-326A
Priority of security interest in controllable
Status: in_force

account, controllable electronic record, and controllable payment

intangible.

PRIORITY OF SECURITY INTEREST IN CONTROLLABLE ACCOUNT, CONTROLLABLE

ELECTRONIC RECORD, AND CONTROLLABLE PAYMENT INTANGIBLE

A security interest in a controllable account, controllable

electronic record, or controllable payment intangible held by a

secured party having control of the account, electronic record, or

payment intangible has priority over a conflicting security interest

held by a secured party that does not have control.
Okla. Stat. tit. 12, § 12-1454 — OK Code / Title 12 / Section 12-1454
When peremptory writ to issue
Status: in_force

When the right to require the performance of the act is clear,

and it is apparent that no valid excuse can be given for not

performing it, a peremptory mandamus may be allowed in the first

instance; in all other cases, the alternative writ must be first

issued.

R.L. 1910, § 4910.
Okla. Stat. tit. 12, § 12-1653 — OK Code / Title 12 / Section 12-1653
Parties - Venue
Status: in_force

A. When a declaratory relief is sought, all persons shall be

made parties who have or claim any interest which would be affected

by the declaration, and no declaration shall prejudice the rights of

persons not parties to the proceeding.

B. The venue of the action shall be established by existing

statutes; provided, however, where the action involves an individual

defendant, the venue shall be in the county of the defendant’s

residence or where the defendant may be served with summons. If the

action involves two or more defendants who reside in different

counties, the venue shall be in any county where any defendant

resides or may be served with summons. Where the action has as a

defendant the Department of Corrections, the Board of Corrections or

any of the agents, officers or employees of the Department or Board,

the venue shall be in the county of the official residence of the

Department or Board.

C. In any proceeding which involves the validity of a municipal

ordinance or regulation, the municipality shall be made a party, and

shall be entitled to be heard, and if a statute or regulation is

alleged to be unconstitutional, the Attorney General of the state

shall also be served with a copy of the proceeding and be entitled

to be heard.
Okla. Stat. tit. 12, § 12-1102 — OK Code / Title 12 / Section 12-1102
Offer not ground for continuance
Status: in_force

The making of an offer, pursuant to the provisions contained in

the foregoing section, shall not be a cause for a continuance of an

action or a postponement of the trial.

R.L. 1910, § 5302.
Okla. Stat. tit. 12, § 12-178 — OK Code / Title 12 / Section 12-178
Service on some of several defendants
Status: in_force

Where the action is against two or more defendants, and one or

more shall have been served, but not all of them, the plaintiff may

proceed as follows:

First. If the action be against defendants jointly indebted

upon contract, tort, or any other cause of action, he may proceed

against the defendants served, unless the court otherwise direct;

and if he recover judgment, it may be entered against all the

defendants thus jointly indebted, so far only as that it may be

enforced against the joint property of all, and the separate

property of the defendants served; and if they are subject to

arrest, against the persons of the defendants served.

Second. If the action be against defendants severally liable,

he may, without prejudice to his rights against those not served,

proceed against the defendants served in the same manner as if they

were the only defendants.

R.L. 1910, § 4730. Amended by Laws 1925, c. 186, p. 291, § 1.
Okla. Stat. tit. 12, § 12-32.1 — OK Code / Title 12 / Section 12-32.1
Material for record
Status: in_force

The record shall be made up from the petition, the process,

return, the pleadings subsequent thereto, reports, verdicts, orders,

judgments, and all material acts and proceedings of the court; but

if the items of an account, or the copies of papers attached to the

pleadings, be voluminous, the court may order the record to be made

by abbreviating the same, or inserting a pertinent description

thereof, or by omitting them entirely. Evidence must not be

recorded.

R.L. 1910, § 5146. Renumbered from § 704 of this title by Laws

1972, c. 119, § 5, emerg. eff. March 3l, 1972.
Okla. Stat. tit. 12, § 12-1560 — OK Code / Title 12 / Section 12-1560
Foreclosure of licensed medical marijuana business –
Status: in_force

Continuation of operations.

A. In the event that a licensed medical marijuana dispensary,

commercial grower or processor is foreclosed, is the subject of an

order appointing a receiver, becomes insolvent, bankrupt or

otherwise ceases operations, a secured party or receiver may

continue operations at the dispensary, grower or processor upon

submitting to the Oklahoma Medical Marijuana Authority, State

Department of Health, proof that the secured party or receiver, or

if the secured party or receiver is a business entity, any

individual who has a financial interest in the secured party or

receiver, meets the requirements and restrictions set forth in:

1. For licensed medical marijuana dispensaries, Section 421 of

Title 63 of the Oklahoma Statutes;

2. For licensed commercial medical marijuana growers, Section

422 of Title 63 of the Oklahoma Statutes; or

3. For licensed medical marijuana processors, Section 423 of

Title 63 of the Oklahoma Statutes.

Oklahoma Statutes - Title 12. Civil Procedure Page 313

The Authority may prescribe the form and manner of submitting

proof under this subsection. Neither the state nor agency of this

state shall require an additional fee from the secured party or

receiver, other than payment of annual fees which may become due

during the operation by the secured party or receiver.

B. Subject to the requirements of subsection A of this section,

the Oklahoma Medical Marijuana Authority, State Department of

Health, shall promulgate rules for the manner and conditions under

which:

1. Marijuana items left by a deceased, insolvent or bankrupt

person or licensee, or subject to a security interest or a court

order appointing a receiver, may be foreclosed, sold under execution

or otherwise disposed whether by foreclosure or by sale as a going

concern;

2. The business of a licensee who is deceased, insolvent,

bankrupt, or the subject of an order appointing receiver or a

foreclosure by a secured party, may be operated for a reasonable

period following the death, insolvency, appointment of a receiver or

bankruptcy; and

3. A secured party or court-appointed receiver may continue to

operate a business for which a license has been issued under Section

421, 422 or 423 of Title 63 of the Oklahoma Statutes for a

reasonable period after default on the indebtedness by the debtor or

after the appointment of the receiver.