Okla. Stat. tit. 67, § 67-209 — OK Code / Title 67 / Section 67-209
Prohibition on mutilation, destruction, etc. of records
Status: in_force

All records made or received by or under the authority of or

coming into the custody, control or possession of public officials

of this state in the course of their public duties shall not be

mutilated, destroyed, transferred, removed, altered or otherwise

damaged or disposed of, in whole or in part, except as provided by

law.
Okla. Stat. tit. 67, § 67-17 — OK Code / Title 67 / Section 67-17
Costs to be taxed against county
Status: in_force

All costs and expenses incurred in the proceeding under the last

preceding section, including copies of maps and plats and recording

the same, shall be taxed as costs against the county in which such

proceedings are had.

R.L. 1910, § 7276.
Okla. Stat. tit. 67, § 67-317 — OK Code / Title 67 / Section 67-317
Definitions
Status: in_force

As used in this resolution unless the context otherwise

requires:

1. Secretary of the Archives and Records Commission means and

refers to that office created under the terms of Section 204 of this

title, and to the powers, privileges, and duties assigned that

office under such statutes.

2. The Archives and Records Commission means and refers to that

Commission created under the terms of Section 305 of this title, and

to the powers, privileges, and duties assigned such Commission under

such statutes.

3. The phrase "dead storage files" refers to and includes all

rooms, storehouses, warehouses, floor space, office space, files,

filing cabinets, vaults, and other places in which are stored, kept,

maintained, or otherwise held documents, papers, records, and

archives not in actual use which belong to, or are in the custody

of, any agency, authority, board, commission, department,

institution, instrumentality, office, officer, official, or society

of the State of Oklahoma. To be in actual usage such documents,

papers, records, and archives must be in continual demand for

immediate reference purposes, for actual use in the day-to-day work

required of any agency, authority, board, commission, department,

institution, instrumentality, office, officer, official, or society

of the State of Oklahoma in their principal offices or places of

Oklahoma Statutes - Title 67. Records Page 33

business. Any documents, papers, records, and archives not in such

continual usage are to be considered dead storage files.
Okla. Stat. tit. 67, § 67-18 — OK Code / Title 67 / Section 67-18
Duty of county commissioners in restoring records
Status: in_force

Whenever it shall appear that the records or any material part

thereof, of any county in this state, have been lost or destroyed by

fire or otherwise so that a connected chain of title cannot be

deduced therefrom, and are of record in any other county, or in any

office maintained by the state or by the United States for recording

and filing instruments, pertaining to or in any wise affecting the

title, boundary or description of property situated within such

county, then it shall be the duty of the board of county

commissioners of such county, immediately to employ some responsible

and experienced firm or person to transcribe or copy any part of the

records, deeds, patents, certificates, maps, plats, field notes or

files, from the records or files of such other county, or of any

office maintained by the state or by the United States for recording

and filing instruments pertaining to or in any wise affecting the

title, boundary or description of property situated within the

bounds of that county; and such copies or transcripts, when duly

certified to by the persons employed, or officer in charge of such

records shall become a part of the records in the register of deeds

office of such county; and the record so made shall have the same

force and effect as the record of the originals of such instruments,

and the board of county commissioners shall approve, accept, and pay

for the same as they are completed and delivered. The person or

firm employed to do such copying or transcribing shall give the

county a bond similar to bonds given by abstractors, in the sum of

Five Thousand Dollars ($5,000.00).

R.L. 1910, § 7277.
Okla. Stat. tit. 67, § 67-302 — OK Code / Title 67 / Section 67-302
Instruments filed for record - Microfilming - Security
Status: in_force

copies - Sale of copies.

The county clerk and ex officio registrar of deeds may record

the instruments lawfully filed for record in his office by making

and preserving microfilm thereof.

Whenever a system of microfilming is established at least two

(2) microfilms shall be made of each recorded instrument which shall

be kept separate, in order that they may not be subject to the same

hazards. Additional copies of such microfilmed records may be

produced by the public officer for sale to bonded abstractors of the

county at a price not to exceed the cost of production plus twenty

percent (20%).

The security copy of the microfilm may be deposited in a bank or

other safe place.
Okla. Stat. tit. 67, § 67-256 — OK Code / Title 67 / Section 67-256
Citation
Status: in_force

This act may be cited as the Uniform Preservation of Private

Business Records Act.
Okla. Stat. tit. 67, § 67-301 — OK Code / Title 67 / Section 67-301
Photographing, microphotographing or filming of records -
Status: in_force

Standards - Preservation of original negatives.

A. 1. Any public officer of the state or any county, public

trust, authority or agency, city, municipality, district or legal

subdivision thereof, may cause any or all records, papers or

documents kept by him or her to be photographed, microphotographed,

reproduced on film, or duplicated in a manner acceptable to the

State Archives and Records Commission. The custodian of the records

may permit any record to be removed from his or her office for the

purpose of photographic filming or other duplication, and his or her

responsibility for their care and return shall continue during the

times of their removal from the area controlled by the custodian of

the records during photographic or duplication processes. The

custodian of the records shall, before delivering any records for

photographing, duplication or microphotographing, make a complete

catalog list of the records to be filmed and retain the same until

the records are returned. He or she may require a bond, and shall

require written receipt identifying each record removed from his or

her custody. Such photographic film shall comply with the minimum

standards of quality for film, processing, and storage of permanent

photographic records promulgated by the Archives and Records

Oklahoma Statutes - Title 67. Records Page 26

Commission. Any other media containing duplicates of records shall

comply with standards promulgated by the Archives and Records

Commission. The device used to reproduce such records on such film

or other media shall accurately reproduce the original thereof in

all details. Such photographs, microphotographs, photographic film

or other duplicates shall be deemed to be original records for all

purposes, including introduction in evidence in all courts or

administrative agencies. A transcript, exemplification, or

certified copy thereof, for all purposes recited herein, shall be

deemed to be a transcript, exemplification, or certified copy of the

original.

2. The original photographs, microphotographs, film or other

media containing duplicate records shall be stored in a secure

location that offers protection from unauthorized access and

environmental hazards and conforms to the administrative rules

promulgated by the State Records Administrator and Archives and

Records Commission, and only be removed therefrom for the purpose of

making copies thereof as the custodian of the records may require.

At the election of the custodian of the records, however, the master

file or copy may, immediately upon being made, be deposited with the

Oklahoma Department of Libraries which shall retain it in a secure

location that offers protection from unauthorized access and

environmental hazards and conforms to the administrative rules

promulgated by the State Records Administrator and Archives and

Records Commission, and furnish such copies thereof as may be

required for the purposes of the custodian of the records.

3. A copy of such photographs, microphotographs, reproductions

on film or other duplicates properly certified and cataloged shall

be placed in conveniently accessible files and provisions made for

preserving, examining and using the same, including reproduction of

same. There shall be available for use by the public at least two

devices for viewing, and at least one of said devices shall provide

for reproducing the photographic or other duplicate records. Such

copies shall be certified by their custodian as true copies of the

originals, and the copies so certified shall have the same force and

effect as the originals. A statement in writing describing the

record and certifying it to be a true copy, and attached securely to

the reproduction, will be deemed a sufficient certification. Any

viewing devices in use at the time of the passage of this act may

continue to be used, although such device does not provide a

reproducing system.

B. The provisions of this section shall not affect and are

cumulative to the provisions of the Records Management Act, Section

201 et seq. of this title and Sections 305 through 317 of this

title.
Okla. Stat. tit. 67, § 67-201 — OK Code / Title 67 / Section 67-201
Name
Status: in_force

This act shall be known as the "Records Management Act".
Okla. Stat. tit. 67, § 67-1 — OK Code / Title 67 / Section 67-1
Petition to restore record by certified copy
Status: in_force

Whenever the record of any judgment or decree, or other

proceeding, of any court of this state, or any part of the record of

any judicial proceeding or any other public records, shall have been

lost or destroyed, any person interested therein may, on application

by petition in writing, under oath, to the proper court of the

county wherein the records were kept, on showing, to the

satisfaction of such court, that the same has been lost or destroyed

without fault or neglect of the person making such application,

obtain on order from such court, authorizing such defect to be

supplied by a duly certified copy of such original record, where the

same can be obtained; which certified copy shall, thereafter, have

the same effect as such original record would have had, in all

respects.

R.L. 1910, § 7267.
Okla. Stat. tit. 67, § 67-44 — OK Code / Title 67 / Section 67-44
Publication of notice
Status: in_force

Said notice shall be published once a week for four (4) weeks

successively, the first insertion to be at least thirty (30) days

prior to said term of court, and the several publications shall all

be in the same newspaper in said county or if there is no newspaper

published in said county, then in a newspaper published in one of

the counties nearest thereto. The clerk of court wherein the

petition was filed, shall advertise for bids for publishing said

notices (said advertisement to be inserted one (1) week in at least

two of the principal newspapers in such county or the adjoining

counties, to be selected by the judge of the district court in said

county), and the publishing of said notices shall thereupon be

awarded by said judge to the newspaper making the lowest bid

therefor; or if there are two or more making the same bid, then said

judge shall determine to which of them said publishing shall be

awarded, said award to be by order of said court entered of record

therein; and a copy of such order, certified by the clerk of said

court under the said seal thereof, shall be transmitted to and

entered of record in any other court in such county having

jurisdiction before which proceedings under this section may be had.

All publications provided for in this section shall be made in the

newspaper so designated. Said newspaper shall not be changed unless

the judge of said court shall, for good cause, in his discretion,

decide to change the same; in which case another paper shall be

selected in like manner, and the order naming or changing said paper

shall be entered of record, as aforesaid.

R.L. 1910, § 7288.
Okla. Stat. tit. 67, § 67-315 — OK Code / Title 67 / Section 67-315
Delivery of records for disposition - Reports for
Status: in_force

noncompliance.

Within thirty (30) days after the head of each such agency,

authority, board, commission, department, institution,

instrumentality, office, officer, official, or society is furnished

with such a listing by the Secretary of such documents, records,

papers, and archives are to be delivered to the Secretary of the

Archives and Records Commission for disposition as provided.

In the event delivery is refused of such documents, records,

papers, and archives the Secretary of the Archives and Records

Commission is directed not later than ten (10) days after the

expiration of thirty-day period of compliance to report such

noncompliance to the President Pro Tempore of the Senate, to the

Speaker of the House of the Oklahoma Legislature, and to the

Governor of the State of Oklahoma, setting forth in detail the

extent of noncompliance and the reasons assigned therefor. In

Oklahoma Statutes - Title 67. Records Page 32

addition the Secretary is directed to file a copy of such report or

reports of noncompliance with the Secretary of State of Oklahoma,

and the same is to be a public record open for the inspection and

information of the public.
Okla. Stat. tit. 67, § 67-203 — OK Code / Title 67 / Section 67-203
Definitions
Status: in_force

As used in the Records Management Act, Section 201 et seq. of

this title:

(a) "Record" means document, book, paper, photograph,

microfilm, computer tape, disk, record, sound recording, film

recording, video record or other material, regardless of physical

form or characteristics, made or received pursuant to law or

ordinance or in connection with the transaction of official

business, the expenditure of public funds, or the administration of

public property. Library and museum material made or acquired and

preserved solely for reference or exhibition purposes and stocks of

publications are not included within the definition of records as

used in this act.

(b) "State record" means:

(1) A record of a department, office, commission, board,

authority or other agency, however designated, of the state

government.

(2) A record of the State Legislature.

(3) A record of the Supreme Court, the Court of Criminal

Appeals or any other court of record, whether of statewide or local

jurisdiction.

(4) Any other record designated or treated as a state record

under state law.

(c) "Local record" means a record of a county, city, town,

village, township, district, authority or any public corporation or

political entity whether organized and existing under charter or

under general law unless the record is designated or treated as a

state record under state law.

(d) "Agency" means any department, office, commission, board,

authority or other unit, however designated, of the state

government.

(e) "Essential record" means a state or local record necessary

to the operation of government during an emergency created by a

disaster, or necessary to protect the rights and interests of

Oklahoma Statutes - Title 67. Records Page 20

persons or to establish and affirm powers and duties of governments

in the resumption of operations after a disaster.

(f) "Disaster" means any occurrence of fire, flood, storm,

earthquake, tornado, explosion, epidemic, riot, sabotage, or other

condition of extreme peril resulting in substantial damage or injury

to persons or property within this state, whether such occurrence is

caused by an act of nature or by persons, including an enemy of the

United States.

(g) "Preservation duplicate" means a copy of an essential

record used for preservation purposes pursuant to the Records

Management Act.
Okla. Stat. tit. 67, § 67-61 — OK Code / Title 67 / Section 67-61
Copy of record may be recorded
Status: in_force

In all cases when any original deed and the record thereof have

been lost or destroyed, it shall be lawful for any person having a

duly certified copy of said record to cause the same to be recorded,

which record shall have the same force and effect as now belong to

the record of original deeds.

R.L. 1910, § 7293.
Okla. Stat. tit. 67, § 67-42 — OK Code / Title 67 / Section 67-42
Owner of lands may petition for confirmation of title
Status: in_force

It shall be lawful for any person claiming title to any lands in

such county at the time of the destruction of such records, and for

all claiming under any such person, to file a petition in the

district court in such county, praying for a decree establishing and

confirming his said title. Any number of parcels of land may be

included in one petition, or separate petitions may be filed, as the

petitioner may elect. Said petition shall state clearly the

Oklahoma Statutes - Title 67. Records Page 10

description of said lands, the character and extent of the estate

claimed by the petitioner, and from whom, and when, and by what mode

he derived his title thereto. It shall give the names of all

persons owning or claiming any estate in fee in said lands, or any

part thereof, and also all persons in possession of said lands, or

any part thereof, and also all persons to whom any such lands shall

have been conveyed, and the deeds of such conveyances recorded in

the office of the register of deeds of such county, since the time

of the destruction of such records as aforesaid, and prior to the

time of filing of such petition, and their residences, so far as the

same are known to said petitioner; and if no such persons are known

to said petitioner, it shall be so stated in said petition. All

persons so named in said petition shall be made defendants, and

shall be notified of said suit by summons, if residents of this

state, in the same manner as required in civil proceedings by the

laws of this state: Provided, that the notice specified in Sections

7287 and 7288 shall be the only publication notice required, either

in case of residents, nonresidents or otherwise; all other persons

shall be deemed and taken as defendants, by the name or designation

of "All whom it may concern". Said petition shall be verified by

the affidavit of the petitioner, or by the agent of said petitioner;

and any party so swearing falsely shall be deemed guilty of perjury

and punished accordingly and shall be liable in damages to any

person injured by such false statement, to be recovered in an action

on the case in any court having jurisdiction thereof.

R.L. 1910, § 7286.
Okla. Stat. tit. 67, § 67-47 — OK Code / Title 67 / Section 67-47
Court to determine title - Liens not affected
Status: in_force

It shall be competent for said courts in all such decrees,

whether pro confesso or on the report of any referee or special

commissioner, or otherwise, to determine and decree in whom the

title in any or all of the lands described in said petition is

vested, whether in the petitioner or in any other of the parties

before the court; but said decree shall not in any wise affect any

lien or liens to which said fee may be subject, and which have been

created since the destruction of such records, whether the same be

by mortgage, deed of trust, judgment, statute, mechanics' lien or

otherwise, but shall leave all such liens to be ascertained or

established in some other proceeding, or to be enforced as the

parties holding them may see fit.

R.L. 1910, § 7291.
Okla. Stat. tit. 67, § 67-46 — OK Code / Title 67 / Section 67-46
Proceedings on hearing
Status: in_force

If no demurrer or other pleading or answer shall, be filed by

the third day of said term, or by the day allowed by the order of

said court, as above provided, the petition may be taken as

confessed, and a decree entered according to the prayer of said

petition, upon proof of the facts stated in said petition, but if

any person shall file an answer, as aforesaid, to such petition, the

court may hear evidence, or order a reference to a referee or

special commissioner to take evidence and report, when the same

proceedings shall be had as on a reference to a referee or special

commissioner under and according to the practice in the courts of

this state. If the petition included more than one parcel of land,

and no demurrer or answer shall be filed as to some of said parcels

the court may enter a decree pro confesso as to those parcels as to

which no demurrer or answer shall be filed, and hear evidence, or

order a reference as to the remaining parcels.

R.L. 1910, § 7290.
Okla. Stat. tit. 67, § 67-311 — OK Code / Title 67 / Section 67-311
Secretary - Powers - Attorney General powers
Status: in_force

The Secretary of the Archives and Records Commission in person,

or through a deputy authorized by him, shall have the right of

access to all public records and archives of this state, except

those records and archives classified as confidential by Act of the

Legislature, with a view of securing their safety and preservation

and determining their administrative or legal value. On behalf of

the State of Oklahoma and the Oklahoma State Library the Attorney

General may replevin any public records or archives illegally

removed which were formerly part of the records or files of any

public office of the Territory or of the State of Oklahoma.
Okla. Stat. tit. 67, § 67-313 — OK Code / Title 67 / Section 67-313
Secretary of Archives and Records Commission - Duty to determine preservation or
Status: in_force

Oklahoma Statutes - Title 67. Records Page 2determine preservation or disposition of records - Exception to rule

of confidential records.

(a) The Secretary of the Archives and Records Commission is

directed and authorized to begin not later than thirty (30) days

after the effective date of this Resolution on examination of the

documents, records, papers, and archives located in Oklahoma City,

Oklahoma which belong to the agencies, authorities, boards,

commissions, departments, institutions, instrumentalities, office,

officers, officials, and societies of the State of Oklahoma, to

determine (a) what part or parts of such documents, records, papers,

and archives are to be preserved, (b) what part or parts of such

documents, records, papers and archives are to be destroyed or sold

as waste, and (c) what part or parts of such documents, records,

papers, and archives are to be microfilmed and the original of such

documents, records, papers, and archives destroyed or sold

thereafter. The Secretary of the Archives and Records Commission is

authorized to delegate his executive duties under this subsection.

Oklahoma Statutes - Title 67. Records Page 31

(b) No document, record, paper, or archive is to be withheld

from examination by the Secretary of the Archives and Records

Commission on the ground or grounds that the same is a privileged or

confidential document, record, paper, or archive. If any statute or

statutes of the State of Oklahoma as now enacted create any class of

privileged or confidential document, record, paper, or archives and

provide any penalty or penalties for disclosure of such document,

record, paper, or archive it is the intent of the Legislature that

such penalty or penalties not be applied in connection with any

examination by the Secretary made for the purpose of compliance with

this Resolution. In the event the Secretary examines a confidential

or privileged document, record, paper, or archive he is forbidden to

divulge or to disclose any information obtained from his

examination.
Okla. Stat. tit. 67, § 67-205 — OK Code / Title 67 / Section 67-205
Duties of Administrator
Status: in_force

1. The Administrator shall, with due regard for the functions

of the agencies concerned:

(a) Establish standards, procedures, and techniques for

effective management of records;

(b) Make continuing surveys of records and information

operations and recommend improvements in current records management

practices including the use of space, equipment and supplies

employed in creating, maintaining, storing and servicing records;

(c) Establish standards for the preparation of schedules

providing for the retention of state records of continuing value and

for the prompt and orderly disposal of state records no longer

possessing sufficient administrative, legal or fiscal value to

warrant their further keeping;

(d) Establish programs for the selection and preservation of

essential records; and

(e) Obtain reports from agencies as are required for the

administration of the program.

2. The Administrator may remove an essential record from its

legally designated and customary location if a disaster has occurred

or is imminent, make or cause to be made preservation duplicates,

and designate as preservation duplicates existing copies of

essential records.

Oklahoma Statutes - Title 67. Records Page 21
Okla. Stat. tit. 67, § 67-305 — OK Code / Title 67 / Section 67-305
Creation - Composition - Delegation of duties - Authority
Status: in_force

- Exemptions.

There is hereby re-created until July 1, 2028, in accordance

with the Oklahoma Sunset Law, the Archives and Records Commission,

hereinafter referred to as the Commission, to be composed of one

member to be appointed by the Governor who shall serve as Chairman,

the State Librarian as Vice Chairman and Secretary, the Lieutenant

Governor, the State Auditor and Inspector and the State Treasurer as

members. Any member may appoint and designate a subofficer or

employee as his or her proxy for purposes of carrying on the duties

of the Commission. The Commission shall have sole, entire and

exclusive authority of the disposition for all public records and

archives of state officers, departments, boards, commissions,

agencies and institutions of this state. The authority herein

granted shall not apply to records and archives of political

subdivisions of the state; provided, however, Section 305 et seq. of

this title shall not apply to the confidential records and files of

the Oklahoma Tax Commission which are exempt from all provisions of

this act.
Okla. Stat. tit. 67, § 67-83 — OK Code / Title 67 / Section 67-83
Obstructing copying a felony
Status: in_force

If any officer or person having possession, custody or control

of any record, book, paper taxroll, assessment, or any other file or

matter of record, authorized herein to be copied or transcribed,

shall fail, refuse, or neglect, or in any manner hinder or delay,

after demand shall have been made to permit such transcribing or

Oklahoma Statutes - Title 67. Records Page 15

copying, or who shall destroy, mutilate, conceal or remove any such

record, book, paper, taxroll, assessment, or any other file or

matter of record, or other evidence so required to be copied or

transcribed, or who shall cause or permit to be removed from its

customary place any such record, book, paper, taxroll, assessment,

or any other file or matter of record, or who shall refuse upon

request to divulge the location of any such record, book, paper,

taxroll, assessment, or any other file or matter of record, shall be

deemed guilty of a Class D1 felony offense, and upon conviction in

any court of competent jurisdiction shall be fined in any sum not

less than Two Hundred Fifty Dollars ($250.00) nor more than Three

Thousand Five Hundred Dollars ($3,500.00) and confined as provided

for in subsections B through F of Section 20N of Title 21 of the

Oklahoma Statutes, and any person so convicted shall be forever

barred from holding any office of profit or trust within the State

of Oklahoma.

R.L. 1910, § 7301. Amended by Laws 1997, c. 133, § 549, eff. July

1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 400, eff. July 1, 1999;
Okla. Stat. tit. 67, § 67-252 — OK Code / Title 67 / Section 67-252
Preservation period
Status: in_force

Unless a specific period is designated by law for their

preservation, business records which persons by the law of this

state are required to keep or preserve may be destroyed after the

expiration of three (3) years from the making of such records

without constituting an offense under such laws. This section does

not apply to minute books of corporation nor to records of sales or

other transactions involving weapons, poisons or other dangerous

articles or substances capable of use in the commission of crimes.

Oklahoma Statutes - Title 67. Records Page 25
Okla. Stat. tit. 67, § 67-213 — OK Code / Title 67 / Section 67-213
Report to Governor by State Administrator
Status: in_force

Oklahoma Statutes - Title 67. Records Page 23

The Administrator shall make a biennial report to the Governor

for transmission to the Legislature. The report shall describe the

status and progress of programs established pursuant to this act and

shall include the recommendations of the Administrator for

improvements in the management of records in the state government.
Okla. Stat. tit. 67, § 67-212 — OK Code / Title 67 / Section 67-212
Rules and regulations
Status: in_force

The Administrator shall promulgate such rules and regulations as

are necessary or proper to effectuate the purposes of this act,

except that rules and regulations relating to the disposal of

records pursuant to Section 10 of this act shall be issued jointly

by the Administrator and the Archives and Records Commission.
Okla. Stat. tit. 67, § 67-14 — OK Code / Title 67 / Section 67-14
County record supplied by court records
Status: in_force

Whenever in any court of record in this state, or any other

state, or in any court of the United States, there are original or

certified copies of any deed, conveyance, contract, mortgage, deed

of trust, or other instrument in writing affecting real estate in

Oklahoma Statutes - Title 67. Records Page 5

any county where the records have been so burned or destroyed,

copies thereof, certified by the clerk of such court, under his seal

of office, may be made and recorded in such county, and in recording

the same the register of deeds shall record all the certificates

attached thereto; and if any of such certificates show the previous

recording of the same in the county where the records have been so

burned or destroyed, the date of filing for record in such county

appearing in said certificate so recorded shall be deemed and taken

as the date of the record thereof. Copies of any such record, so

authorized to be made under this section, duly certified by the

register of deeds of any such county, under his seal of office,

shall be received in evidence, and have the same force and effect as

certified copies of the original record.

R.L. 1910, § 7273.
Okla. Stat. tit. 67, § 67-22 — OK Code / Title 67 / Section 67-22
Abstractor may petition
Status: in_force

Oklahoma Statutes - Title 67. Records Page 8

Any owner of said abstracts, copies or minutes shall have the

right to file a petition at any regular term of the county or

district court of the county, in which petition he shall set forth

the manner in which such abstracts, copies or minutes were made or

procured, and if the court shall find from the evidence produced

(which evidence shall be preserved as hereinbefore provided) that

said abstracts, copies, or minutes were fairly made in the regular

course of business before such destruction of the records, the court

shall enter his decree to that effect, and the evidence produced on

the trial of said cause shall be entered of record at large as a

part of the decree of the court. And thereupon said abstracts,

copies or minutes of said burnt records shall be taken as prima

facie evidence of all such matters as they contain (but no such

abstract, copies, minutes or extracts shall be taken or held to be

prima facie evidence of what they contain that does not purport to

recite all deeds and mortgages previously executed and recorded, and

describing the several tracts of land and town lots to which said

abstracts, copies, minutes or extracts refer from the date of

entry): Provided, that all abstracts to separate tracts of lands

made by the owner of said abstracts shall also be taken as prima

facie evidence of what they contain when they shall be accompanied

with an affidavit signed and sworn to by the owner of said

abstracts, copies, minutes or extracts, showing that said separate

abstracts contain a full, true and perfect copy of all transfers on

the tracts set forth in said separate abstracts as appears upon said

abstracts, copies, minutes or extracts, as established by the county

or district court of the county, and that said separate abstracts

contain all deeds, mortgages and other liens on said separate

tracts, as shown by said abstracts, copies, minutes or extracts

established as aforesaid.

R.L. 1910, § 7281.
Okla. Stat. tit. 67, § 67-13 — OK Code / Title 67 / Section 67-13
Recording of certified copies of records of another county
Status: in_force

In any county of this state where the records have been burned

or destroyed, as specified in the last section, and any map, plat,

deed, conveyance, contract, mortgage, deed of trust or other

instrument in writing affecting real estate in such county, has been

recorded in any other county of this state, certified copies of the

same, may be recorded in such county, where the records have been so

burned or destroyed, and in recording the same the register of deeds

shall record all certificates attached thereto: and if any of such

certificates show the previous recording of the same in the county

where the records have been burned or destroyed, the date of filing

for record in such county appearing in said certificate so recorded

shall be deemed and taken as the date of the record thereof. And

copies of any such record, so authorized to be made under this

section, duly certified by the register of deeds of any such county,

under his seal of office, shall be received in evidence, and have

the same force and effect as certified copies of the original

record.

R.L. 1910, § 7272.
Okla. Stat. tit. 67, § 67-251 — OK Code / Title 67 / Section 67-251
Definitions
Status: in_force

As used in this act, "business" includes every kind of private

business, profession, occupation, calling or operation of private

institutions, whether carried on for profit or not. "Persons" means

an individual, partnership, corporation, or any other association.

"Record" or "business records" include books of account, vouchers,

documents, canceled checks, payrolls, correspondence, records of

sales, personnel, equipment and production, reports relating to any

or all of such records, and other business papers. "Reproduction"

means a reproduction or durable medium for making a reproduction

obtained by any photographic, photostatic, microfilm, microcard,

miniature photographic or other process which accurately reproduces

or forms a durable medium for so reproducing the original.
Okla. Stat. tit. 67, § 67-308 — OK Code / Title 67 / Section 67-308
Record of destroyed, transferred or microfilmed records or
Status: in_force

archives - Report to Secretary of State.

A record shall be kept of the records and archives which are

destroyed or transferred and it shall be in such form as prescribed

by the Commission and shall disclose among other things the date and

content of the records and archives destroyed, transferred, or

microfilmed. One copy of said record shall be kept by the state

officer, department, board, commission, agency, or institution of

the State of Oklahoma whose records have been destroyed or

transferred. The original of such record shall be retained by the

Secretary of the Commission. The Secretary of the Commission shall

file annually a summary report with the Secretary of State detailing

records which have been destroyed, transferred or microfilmed during

the previous year.
Okla. Stat. tit. 67, § 67-94 — OK Code / Title 67 / Section 67-94
Fees
Status: in_force

In all counties wherein photographic recording may be adopted,

the following fees shall be charged the public by the receiving

officer, to wit:

For the first page of deeds, mortgages and

other instruments on billhead paper

(size 8 1/2 inches by 14 inches), per

For each additional page of same size, per

For recording contrasts or colors other

than black, white, green or red,

For furnishing photographic copies of

typewritten script or printed

For furnishing photographic copies of

For each entry exceeding one on index,

For recording town plat for the first 119

square inches or fractional part

For certifying to each photographic copy,
Okla. Stat. tit. 67, § 67-303 — OK Code / Title 67 / Section 67-303
Court or judicial records
Status: in_force

This act shall not apply to any court or judicial records.
Okla. Stat. tit. 67, § 67-316 — OK Code / Title 67 / Section 67-316
Preparation of records for retention, microfilming and
Status: in_force

destruction - Disposition of monies received - Use.

Upon the delivery to the Secretary of the Archives and Records

Commission of the documents, records, papers, and archives, the

Secretary is authorized and directed to prepare them for retention,

microfilming, and destruction, in accordance with the terms of the

Archives and Records Act. The Secretary is authorized and directed

to deposit the money or monies received from the disposition of such

documents, records, papers, and archives in the Official Depository

Account Number 21 of the State Treasurer of Oklahoma. The money or

monies so received is to be expended at the discretion of the

Secretary in the advancement of this program.
Okla. Stat. tit. 67, § 67-15 — OK Code / Title 67 / Section 67-15
Restoration of plat or map
Status: in_force

Whenever the public record of any plat or map, which is required

by law to be kept by the register of deeds, has been lost, injured

or destroyed by fire or otherwise, it shall be the duty of the

district attorney of the county in which such injury, loss or

destruction has occurred, forthwith to file in the district court an

information setting forth substantially the fact of such injury,

loss or destruction, with the circumstances attending the same, as

near as may be; and thereupon the clerk of such court shall cause

such information to be published in full in one or more newspapers

published in such county, for the period of four (4) weeks, together

with a notice, addressed to "All whom it may concern," that the

court will, at a term therein designated, to be held not less than

four (4) weeks from the first publication of such information and

notice, proceed to hear and determine the matters in said

information set forth, and will take testimony for the purpose of

reproducing and reestablishing such records of maps and plats as the

court shall find to be injured, lost or destroyed.

R.L. 1910, § 7274.
Okla. Stat. tit. 67, § 67-25 — OK Code / Title 67 / Section 67-25
Prima facie evidence
Status: in_force

In all causes in which any abstracts, copies, minutes and

extracts, or copies thereof, shall be received in evidence under any

of the provisions of this article, all deeds or other instruments of

writing appearing thereby to have been executed by any person, shall

be presumed to have been executed and acknowledged according to law;

and all sales under powers, and all judgments, decrees and legal

proceedings, and all sales thereunder shall be presumed to be

regular and correct, except as against the persons in this section

before mentioned, and any person alleging any defect or irregularity

in any such conveyance, acknowledgment, sale, judgment, decree or

legal proceeding shall be held bound to prove the same, and any deed

proved under the provisions of this article, purporting to be based

upon the execution of any power or upon a judgment or decree shall

be prima facie evidence of the existence of such power, judgment or

decree: Provided, that nothing herein contained shall impair the

effect of said destroyed record or notice.

R.L. 1910, § 7284.
Okla. Stat. tit. 67, § 67-24 — OK Code / Title 67 / Section 67-24
County clerk to furnish copies - Compensation
Status: in_force

Oklahoma Statutes - Title 67. Records Page 9

It shall be the duty of the register of deeds of such county to

furnish to any parties requesting it (upon being paid the charges

herein provided for) certified copies of the same, or parts thereof;

and for the purpose of repaying the cost of the same to the county,

the county commissioners may fix a compensation, to be paid to the

county, in addition to the fees allowed by law to the register of

deeds for transcribing the same.

R.L. 1910, § 7283.
Okla. Stat. tit. 67, § 67-92 — OK Code / Title 67 / Section 67-92
Contractor's bond - Term of contract
Status: in_force

The person, firm or corporation, to whom any contract may be

awarded under the provisions of this act, shall before entering upon

the duties provided in said contract and prescribed by law, execute

to the State of Oklahoma and file with the county clerk a bond in

the penal sum of not less than Five Thousand Dollars ($5,000.00),

nor more than Ten Thousand Dollars ($10,000.00), according as the

board of county commissioners shall determine, with one or more

sufficient sureties, to be approved by the board of county

commissioners, which bond shall be conditioned for the faithful

performance of said contract and the duties to be performed by said

contractor as fixed by the laws of this state. The term of said

contract shall be fixed by the board of county commissioners for

such period of time as they may deem advisable, not to exceed two

(2) years.
Okla. Stat. tit. 67, § 67-217 — OK Code / Title 67 / Section 67-217
Transfer of state records to Oklahoma City National
Status: in_force

Memorial Foundation.

Oklahoma Statutes - Title 67. Records Page 24

A. Notwithstanding any other law prohibiting the transfer or

disposal of state records, a state agency may transfer copies of

state records made or received by the agency pertaining to the April

19, 1995, bombing of the Alfred P. Murrah Federal Building in

Oklahoma City, Oklahoma, to the Oklahoma City National Memorial

Foundation, a not-for-profit corporation. Originals of state

records may be transferred if not otherwise required to be

maintained by the state agency. All records deemed to be private or

confidential by law or are restricted law enforcement,

criminalistic, or investigative records may be transferred provided

the Foundation agrees to hold the records as restricted or

confidential records pursuant to an agreement made with the State

Records Administrator as provided for in subsection B of this

section.

B. The State Records Administrator shall enter into an

agreement with the Oklahoma City National Memorial Foundation on

behalf of the state for the transfer of state records to the

Foundation. The agreement shall outline the obligations of the

state and the Foundation in regards to the housing, maintenance,

ownership, liability, access, restriction, transfer, and destruction

of the records.
Okla. Stat. tit. 67, § 67-211 — OK Code / Title 67 / Section 67-211
Destruction of nonrecord materials - Procedure
Status: in_force

Nonrecord materials or materials not included within the

definition of records as contained in this act may, if not otherwise

prohibited by law, be destroyed at any time by the agency in

possession of such materials without the prior approval of the

Administrator. The Administrator may formulate procedures and

interpretation to guide in the disposition of nonrecord materials.
Okla. Stat. tit. 67, § 67-253 — OK Code / Title 67 / Section 67-253
Reproductions
Status: in_force

If in regular course of business a person makes reproductions of

original business records, the preservation of such reproductions

constitutes compliance with any laws of this state requiring that

business records be kept or preserved.
Okla. Stat. tit. 67, § 67-81 — OK Code / Title 67 / Section 67-81
Copies of old records for new counties
Status: in_force

Oklahoma Statutes - Title 67. Records Page 14

The board of county commissioners of any county, created in

whole or in part out of any county or counties, of the Territory of

Oklahoma, or to which territory taken from any other county may have

been attached, is hereby authorized and empowered to demand and

secure the original taxrolls, or a duly authenticated copy of the

same as herein provided of all of the property situated in all new

counties formerly a part of the old counties, and to copy or

transcribe, or to make contracts to procure copies or transcripts in

substantial record books such as are required for said instruments,

the same to be furnished by said counties so transcribing or copying

the same at a rate not to exceed five cents ($0.05) per folio, of

the records and government field notes of any county so divided, or

from which territory may have been taken necessary to complete the

records, so that the said counties may have a complete record of any

such county or territory so affected. The party making such

transcript or copy of records and files, shall verify and certify

under oath to the accuracy of any such copy, copies or transcripts,

and such copy, copies or transcripts, so verified shall, after

approval by the board of county commissioners of said new county be

treated for all purposes as the original records of such county.

One certificate attached to each separate volume of such records or

any portion thereof, identifying the same by proper recitals, to be

made under the direction of the board of county commissioners, shall

be deemed for all purposes a sufficient authentication of such

record.

R.L. 1910, § 7299.
Okla. Stat. tit. 67, § 67-20 — OK Code / Title 67 / Section 67-20
Restoration of records by means of abstracts
Status: in_force

It shall be the duty of the judge of the county court, or the

judge of the district court of any county in this state, in which

any public records have been lost or destroyed to examine into the

state of the records in such county, and in case he finds any

abstracts, copies, minutes or extracts from said records existing

after such destruction as aforesaid, and finds that said abstracts,

copies, minutes or extracts were fairly made before the destruction

of the records by any person, in the ordinary course of business,

and that they contain a material and substantial part of said

records, and, that such abstracts, copies, minutes and extracts tend

to show a connected chain of title to the land in said county, the

said judge shall certify the facts found by him in respect to such

abstracts, copies, minutes and extracts, and said judge, shall cause

all evidence produced as to said abstract books to be reduced to

writing, and shall cause all such evidence to be spread of record,

as a part of the order of said court.

R.L. 1910, § 7279.
Okla. Stat. tit. 67, § 67-255 — OK Code / Title 67 / Section 67-255
Construction
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. 67, § 67-202 — OK Code / Title 67 / Section 67-202
Declaration
Status: in_force

The Legislature declares that programs for the efficient and

economical management of state and local records will promote

economy and efficiency in the day-to-day record-keeping activities

of state and local governments and will facilitate and expedite

government operations.
Okla. Stat. tit. 67, § 67-16 — OK Code / Title 67 / Section 67-16
Hearing - Filing and recording
Status: in_force

Upon such publication being made, all persons interested shall

be deemed defendants, and may appear in person or by counsel, and be

heard touching such proceedings. If the court shall be satisfied

that any public record of maps and plats has been injured, lost or

destroyed, an order to that effect shall be entered of record, and

thereupon the court shall proceed to take testimony for the purpose

or reproducing and reestablishing the record so injured, lost or

destroyed. The proceedings may be continued from time to time,

whether in term or not, and orders and decrees shall be made as to

each map or plat separately. The clerk shall cause all maps and

plats adjudged by the court to be correct copies of the records

Oklahoma Statutes - Title 67. Records Page 6

injured, lost or destroyed, as often and as soon as they are so

adjudged, to be filed in the office of the register of deeds, with a

certified copy of the order or judgment of the court in the premises

attached thereto, and recorded in a book to be provided for that

purpose. And the said record shall be deemed and taken in all

courts and places as a public record, and as a true and correct

reproduction of the original record so injured, lost or destroyed.

R.L. 1910, § 7275.
Okla. Stat. tit. 67, § 67-11 — OK Code / Title 67 / Section 67-11
County records destroyed replaced by other records
Status: in_force

Whenever it shall appear that the records, or any material part

thereof, of any county in this state have been destroyed by fire or

otherwise, any map, plat, deed, conveyance, contract, mortgage, deed

Oklahoma Statutes - Title 67. Records Page 4

of trust, or other instrument in writing affecting real estate in

such county, which has been heretofore recorded, or certified copies

thereof, may be recorded in the place of such county records; and in

recording the same the register of deeds shall record the

certificate of the previous record, and the date of filing for

record appearing in said original certificate so recorded shall be

deemed and taken as the date of the record thereof. And copies of

any such record, so authorized to be made under this section, duly

certified by the register of deeds of any such county, under his

seal of office, shall be received in evidence, and have the same

force and effect as certified copies of the original record.

R.L. 1910, § 7271.
Okla. Stat. tit. 67, § 67-91 — OK Code / Title 67 / Section 67-91
Adoption of system of recording - Equipment, supplies and
Status: in_force

operators - Contracts for recording work.

The board of county commissioners of any county in this state

may by resolution adopt the system of photographic recording for any

or all offices of the respective counties where instruments are

filed which are required to be recorded in books to be kept for that

purpose. Said board of county commissioners in such counties where

such system of recording is adopted may purchase such machines,

equipment, and supplies as may be necessary and proper to do said

work and also employ a competent operator or operators to operate

said machines, the salary of such operator or operators to be fixed

by the board of county commissioners in such amount as they shall

deem advisable. In lieu of the purchase of said machines,

equipment, and supplies by the county, the board of county

commissioners may, if they deem it advisable, contract with some

suitable person or persons, firm, or corporation having proper

machines and equipment therefor to do all recording work required to

be done in any office in their respective counties and fix the

compensation therefor. No contract shall be made wherein the county

shall be required to pay for such work a greater price than sixty

percent (60%) of the total fees charged for such recording, as fixed

by law at the time said contract is entered into. The adoption of

this system by any county prior to the passage of this act, and the

record heretofore made by such system, are hereby validated.

Oklahoma Statutes - Title 67. Records Page 16
Okla. Stat. tit. 67, § 67-309 — OK Code / Title 67 / Section 67-309
Microfilm - Deemed original record for all purposes
Status: in_force

Any microfilm, duplicate created in a manner acceptable to the

State Archives and Records Commission, or microphotograph film, of

any original record or archives shall be deemed to be an original

record or archive for all purposes and shall be admissible in

evidence in all courts or administrative agencies the same as the

originals. A facsimile exemplification or certified copy thereof

shall for all purposes recited herein be deemed to be a description

exemplification or certified copy of the original.
Okla. Stat. tit. 67, § 67-41 — OK Code / Title 67 / Section 67-41
Power of courts after destruction of records
Status: in_force

In case of such destruction of records, as aforesaid, any and

all courts in such county having jurisdiction shall have power to

inquire into the condition of any title to or interest in any land

in such county, and to make all such orders, judgments and decrees

as may be necessary to determine and establish said title or

interest legal or equitable, against all persons known or unknown,

and all liens existing on such land, whether by statute, judgment,

mortgage, deed of trust or otherwise.

R.L. 1910, § 7285.
Okla. Stat. tit. 67, § 67-4 — OK Code / Title 67 / Section 67-4
Restoration from Supreme Court files
Status: in_force

In all causes which have been removed to the Supreme Court the

record whereof in the lower court shall have been lost or destroyed,

a duly certified copy of the record of such cause remaining in the

said Supreme Court may be filed in the court from which said cause

was removed, on motion of any person interested therein; and the

copy so filed shall have the same effect as the original record

would have had if the same had not been lost or destroyed.

R.L. 1910, § 7270.
Okla. Stat. tit. 67, § 67-204 — OK Code / Title 67 / Section 67-204
State Records Administrator, State Librarian - Program
Status: in_force

The State Librarian, as the State Archivist, is hereby

designated the State Records Administrator, hereinafter called the

Administrator. The Administrator shall establish and administer a

records management program, which will apply efficient and

economical management methods to the creation, utilization,

maintenance, retention, preservation and disposal of state records.
Okla. Stat. tit. 67, § 67-2 — OK Code / Title 67 / Section 67-2
What necessary when certified copies cannot be had
Status: in_force

Whenever the loss or destruction of any such record or part

thereof shall have happened, and such defect cannot be supplied, as

provided in the next preceding section, any person interested

therein may make a written application to the proper court of the

county wherein the records were kept, verified by affidavit, showing

the loss or destruction thereof; that certified copies thereof

cannot be obtained by the person making such application; the

substance of the record so lost or destroyed; that such loss or

destruction occurred without the fault or neglect of the person

making such application, and that the loss or destruction of such

record, unless supplied, will or may result in damage to the person

making such application; and thereupon said court shall cause said

application to be entered of record in said court, and due notice of

said application shall be given that said application will be heard

by said court. And if, upon such hearing, said court shall be

satisfied that the statements contained in said written application

are true, said court shall make an order, reciting the substance and

effect of said lost or destroyed record; which order shall be

entered of record in said court, and have the same effect which said

original record would have had if the same had not been lost or

destroyed, so far as concerns the person making such application,

and the persons who shall have been notified, as provided in this

section. The record, in all cases where the proceeding was in rem,

Oklahoma Statutes - Title 67. Records Page 3

and no personal service was had, may be supplied upon like notice,

as nearly as may be, as in the original proceeding. The court in

which the application is pending may, in all cases in which

publication is required, direct, by order, to be entered of record,

the form of the notice, and designate the newspaper in which the

same shall be published.

R.L. 1910, § 7268.
Okla. Stat. tit. 67, § 67-208 — OK Code / Title 67 / Section 67-208
Records management program for legislative and judicial
Status: in_force

branches.

Upon request, the Administrator shall advise and assist in the

establishment of records management programs in the legislative and

judicial branches of state government and shall, upon request,

provide a program of services similar to those available to the

executive branch of state government pursuant to the provisions of

this act.
Okla. Stat. tit. 67, § 67-210 — OK Code / Title 67 / Section 67-210
Disposition of records
Status: in_force

Except as otherwise provided by law, no state record shall be

destroyed or otherwise disposed of unless it is determined by the

Archives and Records Commission that the record has no further

administrative, legal, fiscal, research or historical value.
Okla. Stat. tit. 67, § 67-63 — OK Code / Title 67 / Section 67-63
Special commissioners - Fees
Status: in_force

The judges of courts having jurisdiction in such county shall

have power to appoint as many special commissioners from time to

time as they may deem necessary to carry out the provisions of this

article, to take evidence and report all such petitions as may be

referred to them. The fees of all referees, commissioners, clerks,

sheriffs, and all officers and employees, for services under this

article, shall not, in any case, exceed two-thirds (2/3) of the fees

provided by law for similar services.

R.L. 1910, § 7295.
Okla. Stat. tit. 67, § 67-310 — OK Code / Title 67 / Section 67-310
Termination of office or department - Records disposed of
Status: in_force

All records and archives of any state officer or of any

department, board, commission, agency or institution, shall upon the

termination of the functions of that office, department, board,

commission, or institution, be disposed of in accordance with the

provisions of this act.
Okla. Stat. tit. 67, § 67-215 — OK Code / Title 67 / Section 67-215
Provisions cumulative
Status: in_force

The provisions of the Records Management Act, Section 201 et

seq. of this title shall not affect and are cumulative to other

statutory provisions pertaining to the disposition of records.
Okla. Stat. tit. 67, § 67-43 — OK Code / Title 67 / Section 67-43
Record and notice
Status: in_force

It shall be the duty of the clerk of the court in which said

petition is filed, to enter, in a separate book to be kept for the

purpose, the names of the petitioners and defendants, the date of

filing said petition, and a description of all the lands included

therein, which record shall be at all times open to the public. All

lands in each separate town, addition, section or subdivision shall

be entered on the same page or consecutive pages, with an index to

said book showing on what page any such separate town, addition,

section or subdivision may be found. Said clerk shall also, in all

cases, cause publication of notice to be made of the filing of said

petition, which notice shall be entitled "Land Title Notice", and

shall be substantially as follows:

A. B. C. D. etc. (here giving the names of all known defendants,

if any), and to all whom it may concern:

Take notice ______ that on the ____ day of _____, A. D., 19___,

a petition was filed by the undersigned in the _______ court of

______ county, to establish his title to the following described

lands (here insert a full description of the lands in said

petition). Now, unless you appear at the _____ term of said court

Oklahoma Statutes - Title 67. Records Page 11

(naming the first term after thirty days from the first insertion of

said notice), and show cause against such application: said petition

shall be taken for confessed, and the title or interest of said

petitioner will be decreed and established according to the prayer

of said petition, and you forever barred from disputing the same.

______________,

Petitioner.

R.L. 1910, § 7287.
Okla. Stat. tit. 67, § 67-3 — OK Code / Title 67 / Section 67-3
Restoration of lost probate records
Status: in_force

In case of the destruction by fire or otherwise of the records,

or any part thereof, of any district court, the judge of such court

may proceed upon his own motion, or upon application in writing of

any party in interest, to restore the records, papers and

proceedings of his court relating to the estate of deceased persons,

including recorded wills and wills probated or filed for probate in

said court; and for the purpose of restoring said records, wills,

papers or proceedings, or any part thereof, may cause citations to

be issued to any and all parties to be designated by him, and may

compel the attendance in court of any witnesses whose testimony may

be necessary to the establishment of any such record or part

thereof, and the production of any and all written or documentary

evidence which may be by him deemed necessary in determining the

true import and effect of the original record, will, paper or other

document belonging to the files of said court; and may make such

orders and decrees establishing said original record, will, paper,

document or proceeding, or the substance thereof, as to him shall

seem just and proper; and such judge may make all such rules and

regulations governing the said proceedings for the restoration of

the record, will, paper, document or proceeding pertaining to said

court, as in his judgment will best secure the rights and protect

the interests of all parties concerned.

R.L. 1910, § 7269.
Okla. Stat. tit. 67, § 67-307 — OK Code / Title 67 / Section 67-307
Commission - Power to require assistance
Status: in_force

Oklahoma Statutes - Title 67. Records Page 29

The Commission is hereby given the authority to request any

state officer or the head of any department, board, commission,

agency or institution of the State of Oklahoma whose records and

archives are being checked to furnish as many persons in the employ

thereof, as in its discretion are necessary, to properly check and

survey the records and archives of said state officer, department,

board, commission, agency or institution. And it shall be the duty

of any state officer, or the head of any department, board,

commission, agency or institution to furnish the number of persons

requested by the said Commission. Said employees so assigned to the

Commission shall be under its direction and supervision in the

performance of the functions set out by this act.
Okla. Stat. tit. 67, § 67-21 — OK Code / Title 67 / Section 67-21
Abstract records may be purchased
Status: in_force

Upon filing of a certificate of such county or district judge

with the clerk of the county, the county commissioners may, with the

approval of the judge of the county or district court, of the county

purchase from the owners thereof such abstracts, copies, minutes or

extracts, or such part thereof as may tend to show a connected chain

of title to the land in such county, including all such judgments

and decrees as form a part of any such chain of title, paying

therefor such fair and reasonable price as may be agreed upon

between them and such owners; the amount thus agreed to be paid for

such abstracts, copies, minutes or extracts shall be paid by such

county in money or in bonds, to be issued by said county as the

county commissioners may determine, or such county commissioners

may, with said approval, procure a copy of said abstracts, copies,

minutes and extracts, instead of the original, to be paid for in

like manner.

R.L. 1910, § 7280.
Okla. Stat. tit. 67, § 67-23 — OK Code / Title 67 / Section 67-23
Effect of record of abstracts
Status: in_force

Said abstracts, copies, minutes and extracts, or said copies

thereof, if so bought as aforesaid, shall thereupon be placed in the

office of the register of deeds of such county, to be copied, and

arranged in such form as the county commissioners shall deem best

for the public interest, and in case the originals have been lost or

destroyed, or are not in the power of the party asking to use the

same on any trial or other proceeding, copies of the same or any

part thereof, duly certified by the register of deeds of such

county, shall be admissible as evidence in all the courts in this

state.

R.L. 1910, § 7282.
Okla. Stat. tit. 67, § 67-12 — OK Code / Title 67 / Section 67-12
County clerk authorized to rerecord without expense
Status: in_force

The county clerk of any county, as ex officio register of deeds,

is hereby authorized and directed to receive for record and to

record any deed, mortgage or other instrument entitled to record;

provided, that said rerecording of any such instrument shall be made

by said county clerk without expense to the person furnishing and

submitting said instrument for rerecording.
Okla. Stat. tit. 67, § 67-214 — OK Code / Title 67 / Section 67-214
Personnel - Expenditure of funds - Contract for records
Status: in_force

management - Bond.

(a) When a state agency institutes a records management program

under the provisions of this act it is hereby authorized and

directed to furnish the Administrator with as many persons in its

employ as he considers necessary to carry on the program, and such

employees shall be under his direction and supervision while

performing the duties connected with the execution of the provisions

of this act, and the agency is furthermore authorized and directed

to expend amounts from any funds under its control that the

Administrator requests for the purpose of establishing and

maintaining a records management program in the agency.

(b) In the furtherance of a records management program a state

agency may contract, with the approval of the Administrator, with a

reputable records management organization, having at least five (5)

years of experience in the techniques of records management

operations, for the establishment of a records management program in

the agency and may pay out sums for this purpose from any funds

under its control. Such organization shall give a performance bond

with good and sufficient sureties, payable to the State of Oklahoma,

for a sum not less than the amount of the contract and the bond

shall be approved by the Attorney General. All work performed under

such contract shall be under the general direction and supervision

of the Administrator and shall have his written approval before any

payments are made for such services.
Okla. Stat. tit. 67, § 67-45 — OK Code / Title 67 / Section 67-45
Opposition to petition
Status: in_force

Any person interested may oppose any such petition, and file his

demurrer or answer thereto on or before the third day of the term of

court named in said publication notice, unless the time be extended

by order of court, and may also file a cross petition if he or she

desires to do so. Said answer shall admit, confess and avoid, or

deny all the material allegations of the petition, and shall, except

when made by guardian ad litem, be verified by the affidavit either

of the respondent or his agent, in the same manner as above required

Oklahoma Statutes - Title 67. Records Page 12

in cases of the petition. Said answer shall have no other or

greater weight as evidence than the petition.

R.L. 1910, § 7289.
Okla. Stat. tit. 67, § 67-93 — OK Code / Title 67 / Section 67-93
Procedure in making photographic record - Place of doing
Status: in_force

work - Liability for instruments.

When said work is done by contract, each instrument sought to be

recorded shall be first filed with the officer having charge of the

records of the office in which such instrument is sought to be

recorded, and by him entered in a receiving book, kept for that

purpose, and with reasonable dispatch thereafter delivered to such

person, firm or corporation designated in said contract, for the

purpose of recording, who shall with equal dispatch, make one

photographic copy thereof as a part of the official records of such

county, and immediately thereafter, deliver the original of such

instrument together with said photographic copy to the office in

which the same was received, and shall make, preserve and maintain

an additional photographic copy of said record in some suitable and

safe place, so that in the event of destruction or mutilation of the

official record, the same can be replaced or substituted from the

additional copy so preserved and maintained; provided, further, that

no record shall be removed from the county for the purpose of

photographing and when the work is done by contract, if not done at

the courthouse, the place of doing said work shall be definitely

fixed and described in said contract with reasonable accuracy and

certainty; provided, further, that the board of county commissioners

shall have the right and privilege to fix the size of the sheet upon

which such instrument is being photographed for record at the time

of making said contract; provided, further, that when any instrument

is delivered to the contractor for recording, the official bond of

such contractor shall be liable for the prompt and safe return of

Oklahoma Statutes - Title 67. Records Page 17

such instrument to the office in which it belongs and during such

interval of time between delivery to the contractor and return to

the proper officer, such officer having the permanent custody and

control of said record shall not be liable on his official bond for

the preservation of such instrument; provided, further, that the

contractor shall give his receipt for every instrument at time of

receiving same and may require the officer to give receipt upon

return of such instrument.
Okla. Stat. tit. 67, § 67-206 — OK Code / Title 67 / Section 67-206
Duties of agency heads - Records exempt from act
Status: in_force

A. The head of each agency shall:

1. Establish and maintain an active, continuing program for the

economical and efficient management of the records of the agency;

2. Make and maintain records containing adequate and proper

documentation of the organization, functions, policies, decisions,

procedures and essential transactions of the agency designed to

furnish information to protect the legal and financial rights of the

state and of persons directly affected by the agency's activities;

3. Submit to the State Records Administrator, in accordance

with the standards established by the Administrator, schedules

proposing the length of time each state record series warrants

retention for administrative, legal or fiscal purposes after it has

been created or received by the agency. The head of each agency

also shall submit lists of state records in the custody of the head

of the agency that are not needed in the transaction of current

business and that do not have sufficient administrative, legal or

fiscal value to warrant their further keeping for disposal in

conformity with the requirements of Section 210 of this title;

4. Cooperate with the Administrator in the conduct of surveys

made by the Administrator pursuant to the provisions of this act;

and

5. Comply with the rules, regulations, standards and procedures

issued by the Administrator.

B. Confidential health, life, disability and dental claims or

related files of the Employees Group Insurance Division of the

Office of Management and Enterprise Services shall be exempt from

this act.
Okla. Stat. tit. 67, § 67-306 — OK Code / Title 67 / Section 67-306
Unnecessary records and archives - Consultation with State
Status: in_force

Librarian - Application to Commission - Disposition.

Every state officer and the heads of all departments, boards,

commissions, agencies and institutions of the State of Oklahoma who

have in their custody public records and archives deemed by them to

be unnecessary for the transaction of the business of their offices

shall consult with the State Librarian for the purpose of

determining if such records and archives are desired for deposit in

the archives division of the Oklahoma State Library. Upon

certification by the State Librarian that such records and archives

are or are not desired for such purpose, then such custodian shall,

in conformity with such determination, apply to the Archives and

Records Commission for authorization to destroy or transfer such

records and archives to the Oklahoma State Library as hereinafter

provided. Upon the filing of such application the Commission shall

have authority to authorize or direct the disposition of such

records and archives by any one or more of the following methods:

1. By destruction; provided that, the Commission shall not

authorize destruction of records and archives less than five (5)

years old except upon a showing of good cause by the agency or the

Archives and Records Division of the Oklahoma Department of

Libraries and a unanimous vote of the members of the Commission, or

their designees, present.

2. By transfer to the custody and control of the Oklahoma State

Library and there retained. The State Librarian may, in his or her

discretion, digitize such records and archives, especially if so

doing would aid in the preservation of their contents.

3. By transfer to the Oklahoma State Library with authorization

to the State Librarian to digitize said records and archives and

upon the completion of this process to destroy said records and

archives in accordance with the order of the Commission.

Records and archives transferred to the Oklahoma State Library

shall never be returned to their former custody except by order of

the Commission and written consent of the State Librarian.
Okla. Stat. tit. 67, § 67-314 — OK Code / Title 67 / Section 67-314
Listing of documents to be retained, destroyed or
Status: in_force

microfilmed, shall be furnished heads of departments.

The Secretary of the Archives and Records Commission is directed

at such time as he completes the examination of each such agency,

authority, board, commission, department, institution,

instrumentality, office, officer, official, or society, to furnish

to the appropriate head of each agency, authority, board,

commission, department, institution, instrumentality, office,

officer, official, or society with a listing which shows the type or

class of the documents, records, papers, and archives which are to

be: (a) retained, (b) destroyed, and (c) microfilmed.
Okla. Stat. tit. 67, § 67-207 — OK Code / Title 67 / Section 67-207
Local records management
Status: in_force

The governing body of each county, city, town, village,

township, district, authority or any public corporation or political

entity whether organized and existing under charter or under general

law shall promote the principles of efficient records management for

local records. Such governing body shall, as far as practical,

follow the program, established for the management of state records.

The Administrator shall, insofar as possible, upon the request of a

governing body provide advice on the establishment of a local

records management program.
Okla. Stat. tit. 67, § 67-82 — OK Code / Title 67 / Section 67-82
Custodians of records to facilitate copying
Status: in_force

It is hereby made the duty of any officer or person having

possession, custody or control of any record, book, paper, taxroll,

assessment or any other files or matter of record, or any portion of

same so required to be copied or transcribed, to produce and exhibit

all records, books, papers, taxrolls, assessments, and any other

files or matters of record in his possession, custody, or control,

and to permit and facilitate the copying or transcribing of any such

record, book, paper, taxroll, assessment and other file or matter of

record, or other evidence of any record or any portion thereof, when

requested by the board of county commissioners or anyone authorized

by them to make such copies or transcripts.

R.L. 1910, § 7300.
Okla. Stat. tit. 67, § 67-19 — OK Code / Title 67 / Section 67-19
Procuring documents or copies
Status: in_force

It shall be the duty of the county commissioners of such county,

to procure from the United States authorities and the state or

Oklahoma Statutes - Title 67. Records Page 7

county authorities, or elsewhere, all such maps, tracts, and books,

or official or properly authenticated copies thereof as relate to

any of the lands in such county, and cause the same to be recorded

in the office of the register of deeds of such county, at a fee not

exceeding the actual cost of clerical work necessary for properly

recording same.

R.L. 1910, § 7278.
Okla. Stat. tit. 67, § 67-62 — OK Code / Title 67 / Section 67-62
Legal representative may act hereunder
Status: in_force

Executors, administrators, guardians and trustees shall be

entitled to proceed under this article, in behalf of the interest

and rights they represent.

R.L. 1910, § 7294.
Okla. Stat. tit. 67, § 67-254 — OK Code / Title 67 / Section 67-254
Destruction of records by state officers
Status: in_force

Nothing in this act shall be construed to diminish the authority

of an officer of this state under existing law to permit the

destruction of business records.
Okla. Stat. tit. 67, § 67-48 — OK Code / Title 67 / Section 67-48
Decree conclusive - Except when
Status: in_force

Said decree of court, when entered, shall be binding and

conclusive: Provided, that any decree shall be subject to be opened,

modified, vacated or set aside on appeal sued within two (2) years

after the entry of such decree: Provided, further, that insane

persons and minors shall have two (2) years after their disabilities

are removed to prosecute a writ of error upon said decree: And

provided, further, that any decree entered upon any petition or

cross petition, which does not make defendant, by name, all persons

who shall be in possession of such lands or part thereof, at the

Oklahoma Statutes - Title 67. Records Page 13

time of the filing of such petition, or which does not make

defendant, by name, all persons to whom any such lands shall have

been conveyed, and whose deeds of conveyance shall have been

recorded in the office of the register of deeds of such county since

the time of the destruction of the records, as aforesaid, and prior

to the time of the filing of any such petition, shall be absolutely

void as to such person omitted, but shall be final and conclusive as

to all others: And provided, further, that all defendants who shall

not be actually served with a summons in the suit in which such

decree may be rendered, shall have allowed to them one (1) year

after the entry of such decree within which, upon petition to the

court rendering the same, to have the said decree vacated and set

aside.

R.L. 1910, § 7292.
Okla. Stat. tit. 67, § 67-95 — OK Code / Title 67 / Section 67-95
Replacements - Charges
Status: in_force

Whenever any contractor shall be required to replace any record

lost or destroyed, such contractor shall be entitled to have and

receive for such replacement, the original contract price in force

at the time demand is made for replacement, plus fifty percent (50%)

thereof, unless a different sum is specifically fixed in the

original contract.