Okla. Stat. tit. 12A, § 12A-1-9-520 — OK Code / Title 12A / Section 12A-1-9-520
Acceptance and refusal to accept record
Status: in_force

ACCEPTANCE AND REFUSAL TO ACCEPT RECORD

(a) A filing office shall refuse to accept a record for filing

for a reason set forth in subsection (b) of Section 1-9-516 of this

title and may refuse to accept a record for filing only for a reason

set forth in subsection (b) of Section 1-9-516 of this title.

(b) If a filing office refuses to accept a record for filing,

it shall communicate to the person that presented the record the

fact of and reason for the refusal and the date and time the record

would have been filed had the filing office accepted it. The

communication must be made at the time and in the manner prescribed

by filing-office rule, but, in the case of a filing office described

in paragraph (2) of subsection (a) of Section 1-9-501 of this title,

in no event more than two (2) business days after the filing office

receives the record.

(c) A filed financing statement satisfying subsections (a) and

(b) of Section 1-9-502 of this title is effective, even if the

filing office is required to refuse to accept it for filing under

subsection (a). However, Section 1-9-338 of this title applies to 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.

(d) If a record communicated to a filing office provides

information that relates to more than one debtor, this part applies

to each debtor separately.
Okla. Stat. tit. 12, § 12-729.14 — OK Code / Title 12 / Section 12-729.14
Principles of law and equity - Construction of act
Status: in_force

Unless displaced by particular provisions of this act, the

principles of law and equity, including the law merchant, and the

law relative to capacity to contract, principal and agent, estoppel,

fraud, misrepresentation, duress, coercion, mistake, bankruptcy or

other validating or invalidating causes supplement its provisions.
Okla. Stat. tit. 12, § 12-755 — OK Code / Title 12 / Section 12-755
Property claimed by third person - Plaintiff to secure
Status: in_force

officer.

If the officer, by virtue of an execution issued from any court

of record in this state, shall levy the same on any goods and

chattels claimed by any person other than the defendant, or be

requested by the plaintiff to levy on any such goods and chattels,

the officer may require the plaintiff to give him an undertaking,

with good and sufficient securities to pay all costs and damages

that he may sustain by reason of the detention or sale of such

property; and until such undertaking shall be given, the officer may

refuse to proceed as against such property.

R.L. 1910, § 5157.
Okla. Stat. tit. 12, § 12-1390 — OK Code / Title 12 / Section 12-1390
Enforcement - Disobedience punishable as contempt -
Status: in_force

Penalties - Jury trial.

An injunction granted by a judge may be enforced as the act of

the court. Disobedience of any injunction may be punished as a

contempt, by the court or any judge who might have granted it in

vacation. An attachment may be issued by the court or judge, upon

being satisfied, by affidavit, of the breach of the injunction,

against the party guilty of the same, who may be required to make

immediate restitution to the party injured, and give further

security to obey the injunction; or, in default thereof, he may be

committed to close custody, until he shall fully comply with such

requirements, or be otherwise legally discharged, or be punished by

fine not exceeding Two Hundred Dollars ($200.00) for each day of

contempt, to be paid into the court fund, or by confinement in the

county jail for not longer than six (6) months, or by both such fine

and imprisonment. This act shall in no way alter the right to trial

by jury.

Oklahoma Statutes - Title 12. Civil Procedure Page 279

R.L. 1910, § 4875. Amended by Laws 1972, c. 149, § 1.
Okla. Stat. tit. 12, § 12-2005.2 — OK Code / Title 12 / Section 12-2005.2
Entry of appearance - Out-of-state counsel - Withdrawal
Status: in_force

- Address of record.

ENTRY OF APPEARANCE; OUT-OF-STATE COUNSEL;

WITHDRAWAL; ADDRESS OF RECORD

A. ENTRY OF APPEARANCE. Every party to any civil proceeding in

the district courts shall file an entry of appearance by counsel or

personally as an unrepresented party when no other pleading or other

paper in the case by that counsel or party has been filed, but no

later than the first filing of any pleading or other paper in the

case by that counsel or party. In the event a party changes, adds,

or substitutes counsel, new counsel must immediately file an entry

of appearance as set forth in this section. The entry of appearance

shall include the name and signature of counsel or the unrepresented

party, the name of the party represented by counsel, the mailing

address, telephone and fax numbers, Oklahoma Bar Association number,

and name of the law firm, if any. In the event that counsel or a

party consents to receive service by electronic means in a

particular case or civil proceeding pursuant to subsection B of

Section 2005 of this title, counsel or a party may give notice of

the required written consent within counsel’s or the party’s entry

of appearance. Counsel or the party giving the required written

consent shall provide the electronic means address or addresses to

which service by electronic means will be accepted by the consenting

counsel or party. Copies shall be served on all other parties of

record. Filing an entry of appearance as required by this section

does not waive any defenses enumerated in subsection B of Section

2012 of Title 12 of the Oklahoma Statutes.

Oklahoma Statutes - Title 12. Civil Procedure Page 397

B. COUNSEL NOT LICENSED IN OKLAHOMA. All motions of counsel

not licensed to practice in Oklahoma shall comply with the

requirements of Section 5 of Article 2 of the Rules Creating and

Controlling the Oklahoma Bar Association in Appendix 1 of Title 5 of

the Oklahoma Statutes. The statement required by Section 5 of

Article 2 of the Rules Creating and Controlling the Oklahoma Bar

Association shall be in the form of an affidavit attached to the

motion. The motion shall show that the requirements of Section 5 of

Article 2 of the Rules Creating and Controlling the Oklahoma Bar

Association are fulfilled. The required entry of appearance of the

associate attorney shall be filed with the motion and affidavit.

C. WITHDRAWAL OF COUNSEL. A motion to withdraw may be filed at

any time. All motions to withdraw shall be accompanied by a

proposed order. No counsel may withdraw from a pending case without

leave of the court. The counsel filing the motion shall serve a

copy of the motion on the client and all attorneys of record. All

motions to withdraw shall be signed by the party on whose behalf

counsel has previously appeared or contain a certificate by counsel

that:

1. The client has knowledge of counsel’s intent to withdraw; or

2. Counsel has made a good faith effort to notify the client

and the client cannot be located.

In civil actions, the court may grant a motion to withdraw where

there is no successor counsel only if the withdrawing attorney

clearly states in the body of the motion the name and address of the

party. The order allowing withdrawal shall notify the unrepresented

party that an entry of appearance must be filed either by the party

pro se or by substitute counsel within thirty (30) days from the

date of the order permitting the withdrawal and that a failure of

the party to prosecute or defend the case may result in dismissal of

the case without prejudice or a default judgment against the party.

If no entry of appearance is filed within thirty (30) days from the

date of the order permitting withdrawal, then the unrepresented

party, other than a corporation, is deemed to be representing

himself or herself and acting pro se. In all cases, counsel seeking

to withdraw shall advise the court if the case is currently set for

motion docket, pretrial conference, or trial.

D. ADDRESS OF RECORD. The address of record for any attorney

or party appearing in a case pending in any district court shall be

the last address provided to the court. The attorney or

unrepresented party must, in all cases pending before the court

involving the attorney or party, file with the court and serve upon

all counsel and unrepresented parties a notice of a change of

address. Any attorney or unrepresented party has the duty of

maintaining a current address with the court. Service of notice to

the address of record of counsel or an unrepresented party shall be

Oklahoma Statutes - Title 12. Civil Procedure Page 398

considered valid service for all purposes, including dismissal of

cases for failure to appear.

E. NOTICE OF CHANGE OF ADDRESS. All attorneys and

unrepresented parties shall give immediate notice to the court of a

change of address by filing notice with the court clerk. If the

attorney or unrepresented party has provided written consent to

receive service by electronic means pursuant to subsection A of this

section, or in another pleading, the attorney or party shall include

a change of electronic mailing address as part of the notice

required in this subsection. The notice of the change of address

shall contain the same information required in the entry of

appearance, shall be served on all parties, and a copy shall be

provided to the assigned judge. If an attorney or an unrepresented

party files an entry of appearance, the court will assume the

correctness of the last address of record until a notice of change

of address is received. Attorneys of record who change law firms

shall notify the court clerk and the assigned judge of the status of

representation of their clients, and shall immediately withdraw,

when appropriate.
Okla. Stat. tit. 12, § 12-2408 — OK Code / Title 12 / Section 12-2408
Compromise and offers to compromise
Status: in_force

Evidence of:

1. Furnishing, offering or promising to furnish; or

2. Accepting, offering or promising to accept,

a valuable consideration in compromising or attempting to compromise

a claim which was disputed as to either validity or amount is not

admissible to prove liability for the claim, invalidity of the claim

or the amount of the claim.

Evidence of conduct or statements made in compromise

negotiations is not admissible. This section does not require the

exclusion of discoverable evidence merely because it is revealed in

the course of compromise negotiations. This section does not

require exclusion of evidence when it is offered for another

purpose, including proof of bias or prejudice of a witness,

negativing a contention of undue delay, or proof of an effort to

obstruct a criminal investigation or prosecution.
Okla. Stat. tit. 12A, § 12A-1-203 — OK Code / Title 12A / Section 12A-1-203
Lease distinguished from security interest
Status: in_force

Lease Distinguished from Security Interest.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 179

(a) Whether a transaction in the form of a lease creates a

lease or security interest is determined by the facts of each case.

(b) A transaction creates a security interest if the

consideration that the lessee is to pay the lessor for the right to

possession and use of the goods is an obligation for the term of the

lease not subject to termination by the lessee, and:

(1) the original term of the lease is equal to or greater

than the remaining economic life of the goods;

(2) the lessee is bound to renew the lease for the

remaining economic life of the goods or is bound to

become the owner of the goods;

(3) the lessee has an option to renew the lease for the

remaining economic life of the goods for no additional

consideration or nominal additional consideration upon

compliance with the lease agreement; or

(4) the lessee has an option to become the owner of the

goods for no additional consideration or for nominal

additional consideration upon compliance with the

lease agreement.

(c) A transaction in the form of a lease does not create a

security interest merely because:

(1) the present value of the consideration the lessee is

obligated to pay the lessor for the right to

possession and use of the goods is substantially equal

to or is greater than the fair market value of the

goods at the time the lease is entered into;

(2) the lessee assumes risk of loss of the goods;

(3) the lessee agrees to pay, with respect to the goods,

taxes, insurance, filing, recording, or registration

fees, or service or maintenance costs;

(4) the lessee has an option to renew the lease or to

become the owner of the goods;

(5) the lessee has an option to renew the lease for a

fixed rent that is equal to or greater than the

reasonably predictable fair market rent for the use of

the goods for the term of the renewal at the time the

option is to be performed; or

(6) the lessee has an option to become the owner of the

goods for a fixed price that is equal to or greater

than the reasonably predictable fair market value of

the goods at the time the option is to be performed.

(d) Additional consideration is nominal if it is less than the

lessee’s reasonably predictable cost of performing under the lease

agreement if the option is not exercised. Additional consideration

is not nominal if:

(1) when the option to renew the lease is granted to the

lessee, the rent is stated to be the fair market rent

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 180

for the use of the goods for the term of the renewal

determined at the time the option is to be performed,

or

(2) when the option to become the owner of the goods is

granted to the lessee, the price is stated to be the

fair market value of the goods determined at the time

the option is to be performed.

(e) The "remaining economic life of the goods" and "reasonably

predictable" fair market rent, fair market value, or cost of

performing under the lease agreement must be determined with

reference to the facts and circumstances at the time the transaction

is entered into.
Okla. Stat. tit. 12A, § 12A-2A-402 — OK Code / Title 12A / Section 12A-2A-402
Anticipatory repudiation
Status: in_force

ANTICIPATORY REPUDIATION

(1) If either party repudiates a lease contract with respect to

a performance not yet due under the lease contract, the loss of

which performance will substantially impair the value of the lease

contract to the other, the aggrieved party may:

(a) for a commercially reasonable time, await

retraction of repudiation and performance by the repudiating party;

(b) make demand pursuant to Section 41 of this act

and await assurance of future performance adequate under the

circumstances of the particular case; or

(c) resort to any right or remedy upon default under

the lease contract or this article, even though the aggrieved party

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 258

has notified the repudiating party that the aggrieved party would

await the repudiating party's performance and assurance and has

urged retraction.

(2) In addition, whether or not the aggrieved party is

pursuing one of the remedies provided for in subsection (1) of this

section, the aggrieved party may suspend performance or, if the

aggrieved party is the lessor, proceed in accordance with the

provisions of this article on the lessor's right to identify goods

to the lease contract notwithstanding default or to salvage

unfinished goods (Section 71 of this act).
Okla. Stat. tit. 12A, § 12A-2A-220 — OK Code / Title 12A / Section 12A-2A-220
Effect of default on risk of loss
Status: in_force

EFFECT OF DEFAULT ON RISK OF LOSS

(1) Where risk of loss is to pass to the lessee and the time of

passage is not stated:

(a) If a tender or delivery of goods so fails to

conform to the lease contract as to give a right of rejection, the

risk of their loss remains with the lessor, or, in the case of a

finance lease, the supplier, until cure or acceptance.

(b) If the lessee rightfully revokes acceptance, he,

to the extent of any deficiency in his effective insurance coverage,

may treat the risk of loss as having remained with the lessor from

the beginning.

(2) Whether or not risk of loss is to pass to the lessee, if

the lessee as to conforming goods already identified to a lease

contract repudiates or is otherwise in default under the lease

contract, the lessor, or, in the case of a finance lease, the

supplier, to the extent of any deficiency in his effective insurance

coverage may treat the risk of loss as resting on the lessee for a

commercially reasonable time.
Okla. Stat. tit. 12A, § 12A-2A-514 — OK Code / Title 12A / Section 12A-2A-514
Waiver of lessee's objections
Status: in_force

WAIVER OF LESSEE'S OBJECTIONS

(1) In rejecting goods, a lessee's failure to state a

particular defect that is ascertainable by reasonable inspection

precludes the lessee from relying on the defect to justify rejection

or to establish default:

(a) if, stated seasonably, the lessor or the supplier could

have cured it (Section 2A-213 of this title); or

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 268

(b) between merchants if the lessor or the supplier after

rejection has made a request in writing for a full and final written

statement of all defects on which the lessee proposes to rely.

(2) A lessee's failure to reserve rights when paying rent or

other consideration against documents precludes recovery of the

payment for defects apparent in the documents.
Okla. Stat. tit. 12, § 12-803 — OK Code / Title 12 / Section 12-803
Principal and surety - Levy against principal before
Status: in_force

surety.

In all cases where judgment is rendered in any court of record

within this state, upon any instrument of writing in which two or

more persons are jointly and severally bound, and it shall be made

to appear to the court, by parol or other testimony, that one or

more of said persons so bound, signed the same as surety or bail,

for his or their codefendant, it shall be the duty of the clerk of

said court, in recording the judgment thereon to certify which of

the defendants is principal debtor, and which are sureties or bail.

And the clerk of the court aforesaid shall issue execution on such

judgment, commanding the sheriff or other officer to cause the money

to be made of the goods and chattels, lands and tenements, of the

principal debtor; but for want of sufficient property of the

principal debtor to make the same, that he cause the same to be made

of the goods and chattels, lands and tenements, of the surety or

bail. In all cases, the property, both personal and real, of the

principal debtor, within the jurisdiction of the court, shall be

exhausted before any of the property of the surety or bail shall be

taken in execution.

R.L. 1910, § 5179.
Okla. Stat. tit. 12, § 12-1761 — OK Code / Title 12 / Section 12-1761
Trial by court - Request for reporter or jury - Evidence - Informality - Mailing of judgment. .. 337
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 25- Informality - Mailing of judgment.

Actions under the small claims procedure shall be tried to the

court without a jury, unless the amount of the claim, counterclaim,

or setoff exceeds One Thousand Five Hundred Dollars ($1,500.00);

provided, if either party wishes a reporter or if either party to an

action in which the claim, counterclaim, or setoff exceeds One

Thousand Five Hundred Dollars ($1,500.00) wishes a jury, he must

notify the clerk of the court in writing at least two (2) working

days before the date set for the defendant's appearance and must

deposit Fifty Dollars ($50.00) with said notice with the clerk. The

plaintiff and the defendant shall have the right to offer evidence

in their behalf by witnesses appearing at such hearing, and the

Oklahoma Statutes - Title 12. Civil Procedure Page 337

judge may call such witnesses and order the production of such

documents as he may deem appropriate. The hearing and disposition

of such actions shall be informal with the sole object of dispensing

speedy justice between the parties.

The prevailing party shall mail a file-stamped copy of the

judgment by first-class mail to all other parties who have entered

an appearance in the action at their last-known addresses and file a

certificate of mailing with the court clerk.
Okla. Stat. tit. 12A, § 12A-2A-503 — OK Code / Title 12A / Section 12A-2A-503
Modification or Impairment of Rights and Remedies
Status: in_force

MODIFICATION OR IMPAIRMENT OF RIGHTS AND REMEDIES

(1) Except as otherwise provided in this article, the lease

agreement may include rights and remedies for default in addition to

or in substitution for those provided in this article and may limit

or alter the measure of damages recoverable under this article.

(2) Resort to a remedy provided under this article or in the

lease agreement is optional unless the remedy is expressly agreed to

be exclusive. If circumstances cause an exclusive or limited remedy

to fail of its essential purpose, or provision for an exclusive

remedy is unconscionable, remedy may be had as provided in this

article.

(3) Consequential damages may be liquidated under Section 2A-

504 of this title, or may otherwise be limited, altered, or excluded

unless the limitation, alteration, or exclusion is unconscionable.

Limitation, alteration, or exclusion of consequential damages for

injury to the person in the case of consumer goods is prima facie

unconscionable but limitation, alteration, or exclusion of damages

where the loss is commercial is not prima facie unconscionable.

(4) Rights and remedies on default by the lessor or the lessee

with respect to any obligation or promise collateral or ancillary to

the lease contract are not impaired by this article.
Okla. Stat. tit. 12A, § 12A-7-101 — OK Code / Title 12A / Section 12A-7-101
Short Title
Status: in_force

This article shall be known and may be cited as Uniform

Commercial Code - Documents of Title.
Okla. Stat. tit. 12, § 12-2513 — OK Code / Title 12 / Section 12-2513
Comment upon or inference from claim of privilege -
Status: in_force

Instruction.

A. A claim of privilege, whether in the present proceeding or

upon a prior occasion, is not a proper subject of comment by judge

or counsel. No inference may be drawn therefrom.

B. In jury cases, proceedings shall be conducted, to the extent

practicable, so as to facilitate the making of claims of privilege

without the knowledge of the jury.

C. Upon request, any party against whom the jury might draw an

adverse inference from a claim of privilege is entitled to an

instruction that no inference may be drawn therefrom.
Okla. Stat. tit. 12, § 12-2405 — OK Code / Title 12 / Section 12-2405
Methods of proving character
Status: in_force

A. Where evidence of a person's character or trait of character

is admissible, proof may be by testimony as to reputation or by

testimony in the form of opinion. Inquiry is allowable on cross-

examination into relevant specific instances of conduct.

B. In cases in which a person's character or a trait of

character is an essential element of a charge, claim or defense,

proof may be made of specific instances of his conduct.
Okla. Stat. tit. 12A, § 12A-7-201 — OK Code / Title 12A / Section 12A-7-201
Persons that may issue a warehouse receipt - Storage
Status: in_force

under bond.

Persons That May Issue a Warehouse Receipt; Storage Under Bond.

(a) A warehouse receipt may be issued by any warehouse.

(b) If goods, including distilled spirits and agricultural

commodities, are stored under a statute requiring a bond against

withdrawal or a license for the issuance of receipts in the nature

of warehouse receipts, a receipt issued for the goods is deemed to

be a warehouse receipt even if issued by a person who is the owner

of the goods and is not a warehouse.
Okla. Stat. tit. 12, § 12-696.4 — OK Code / Title 12 / Section 12-696.4
Costs and attorney fees
Status: in_force

A. A judgment, decree or appealable order may provide for

costs, attorney fees, or both of these items, but it need not

include them. The preparation and filing of the judgment, decree,

or appealable order shall not be delayed pending the determination

of these items. Such items may be determined by the court if a

timely request is made, regardless of whether a petition in error

has been filed.

B. If attorney fees or costs, including the amount of such

attorney fees or costs have not been included in the judgment,

decree or appealable order, a party seeking any of these items must

file an application with the court clerk along with the proof of

service of the application on all affected parties in accordance

with Section 2005 of this title. The application must set forth the

amount requested and include information which supports that amount.

The application must be filed within thirty (30) days after the

filing of the judgment, decree or appealable order unless a

posttrial motion pursuant to subsection A of Section 990.2 of this

title has been filed within ten (10) days after the filing of the

judgment, decree, or appealable order. If such a motion is filed

within that time, the application for attorney fees, costs, or

interest shall be filed within thirty (30) days after the date an

order disposing of the posttrial motion is filed. If the party

filing the application did not prepare the judgment, decree, or

appealable order, and Section 696.2 of this title required a copy of

the judgment, decree, or appealable order to be mailed to the party

filing application, and the court records do not reflect the mailing

of a copy of the judgment, decree, or appealable order to the party

filing the application within three (3) days, exclusive of weekends

and holidays, after the filing of the judgment, decree, or

appealable order, the application may be filed no later than thirty

(30) days after the earliest date on which the court records show

Oklahoma Statutes - Title 12. Civil Procedure Page 116

that a copy of the judgment, decree, appealable order, or order

disposing of the posttrial motion was mailed to the party filing the

application. For good cause shown, the court may extend the time

for filing the application upon motion filed within the time that

the application could be filed. Within fifteen (15) days after the

application is filed with the court, any party may file written

objections to it, with a copy to the moving party.

C. Except as provided in Subsection D of this section, an

application for attorney fees for services performed on appeal shall

be made to the appellate court by separate motion filed any time

before issuance of mandate. The application shall cite authority

for awarding attorney fees but shall not include evidentiary

material concerning their amount. The appellate court shall decide

whether to award attorney fees for services on appeal, and if fees

are awarded, it shall remand the case to the trial court for a

determination of their amount. The trial court's order determining

the amount of fees is an appealable order.

D. If the right of a party to recover attorney fees depends

upon a determination that the party has prevailed in an action, and

if the prevailing party in the action cannot be determined from the

decision of the appellate court, an application for attorney fees

for services performed on appeal shall be made to the trial court in

the manner and within the time provided in subsection B of this

section.
Okla. Stat. tit. 12, § 12-2603 — OK Code / Title 12 / Section 12-2603
Oath or affirmation
Status: in_force

Every witness shall be required to declare before testifying

that the witness will testify truthfully, by oath or affirmation

administered in a form calculated to awaken the witness’s conscience

and impress the witness’s mind with the duty to do so.
Okla. Stat. tit. 12A, § 12A-2A-108 — OK Code / Title 12A / Section 12A-2A-108
Unconscionability
Status: in_force

UNCONSCIONABILITY

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

any clause of a lease contract to have been unconscionable at the

time it was made the court may refuse to enforce the lease contract,

or it may enforce the remainder of the lease contract without the

unconscionable clause, or it may so limit the application of any

unconscionable clause as to avoid any unconscionable result.

(2) With respect to a consumer lease, if the court as a matter

of law finds that a lease contract or any clause of a lease contract

has been induced by unconscionable conduct or that unconscionable

conduct has occurred in the collection of a claim arising from a

lease contract, the court may grant appropriate relief.

(3) Before making a finding of unconscionability under

subsection (1) or (2) of this section, the court, on its own motion

or that of a party, shall afford the parties a reasonable

opportunity to present evidence as to the setting, purpose, and

effect of the lease contract or clause thereof, or of the conduct.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 239

(4) In an action in which the lessee claims unconscionability

with respect to a consumer lease:

(a) If the court finds unconscionability under

subsection (1) or (2) of this section, the court shall award

reasonable attorney's fees to the lessee.

(b) If the court does not find unconscionability and

the lessee claiming unconscionability has brought or maintained an

action he knew to be groundless, the court shall award reasonable

attorney's fees to the party against whom the claim is made.

(c) In determining attorney's fees, the amount of

the recovery on behalf of the claimant under subsections (1) and (2)

of this section is not controlling.
Okla. Stat. tit. 12A, § 12A-1-9-604 — OK Code / Title 12A / Section 12A-1-9-604
Procedure if security agreement covers real property
Status: in_force

or fixtures.

PROCEDURE IF SECURITY AGREEMENT

COVERS REAL PROPERTY OR FIXTURES

(a) If a security agreement covers both personal and real

property, a secured party may proceed:

(1) under this part as to the personal property without

prejudicing any rights with respect to the real property; or

(2) as to both the personal property and the real property in

accordance with the rights with respect to the real property, in

which case the other provisions of this part do not apply.

(b) Subject to subsection (c) of this section, if a security

agreement covers goods that are or become fixtures, a secured party

may proceed:

(1) under this part; or

(2) in accordance with the rights with respect to real

property, in which case the other provisions of this part do not

apply.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 138

(c) Subject to the other provisions of this part, if a secured

party holding a security interest in fixtures has priority over all

owners and encumbrances of the real property, the secured party,

after default, may remove the collateral from the real property.

(d) A secured party that removes collateral shall promptly

reimburse any encumbrancer or owner of the real property, other than

the debtor, for the cost of repair of any physical injury caused by

the removal. The secured party need not reimburse the encumbrancer

or owner for any diminution in value of the real property caused by

the absence of the goods removed or by any necessity of replacing

them. A person entitled to reimbursement may refuse permission to

remove until the secured party gives adequate assurance for the

performance of the obligation to reimburse.
Okla. Stat. tit. 12A, § 12A-4A-206 — OK Code / Title 12A / Section 12A-4A-206
Transmission of payment order through funds-transfer
Status: in_force

or other communication system.

TRANSMISSION OF PAYMENT ORDER THROUGH FUNDS-TRANSFER OR OTHER

COMMUNICATION SYSTEM

(a) If a payment order addressed to a receiving bank is

transmitted to a funds-transfer system or other third-party

communication system for transmittal to the bank, the system is

deemed to be an agent of the sender for the purpose of transmitting

the payment order to the bank. If there is a discrepancy between

the terms of the payment order transmitted to the system and the

terms of the payment order transmitted by the system to the bank,

the terms of the payment order of the sender are those transmitted

by the system. This section does not apply to a funds-transfer

system of the Federal Reserve Banks.

(b) This section applies to cancellations and amendments of

payment orders to the same extent it applies to payment orders.
Okla. Stat. tit. 12, § 12-1502 — OK Code / Title 12 / Section 12-1502
Unknown shares or owners
Status: in_force

If the number of shares or interests is known, but the owners

thereof are unknown, or if there are, or are supposed to be, any

interests which are unknown, contingent or doubtful, these facts

must be set forth in the petition with reasonable certainty.

R.L. 1910, § 4941.
Okla. Stat. tit. 12, § 12-1869 — OK Code / Title 12 / Section 12-1869
Preaward ruling
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 365

If an arbitrator makes a preaward ruling in favor of a party to

the arbitration proceeding, the party may request the arbitrator to

incorporate the ruling into an award under Section 20 of this act.

A prevailing party may make an application and motion to the court

for an expedited order to confirm the award under Section 23 of this

act, in which case the court shall summarily decide the motion. The

court shall issue an order to confirm the award unless the court

vacates, modifies, or corrects the award under Section 24 or 25 of

this act.
Okla. Stat. tit. 12A, § 12A-8-205 — OK Code / Title 12A / Section 12A-8-205
Effect of Unauthorized Signature on Security
Status: in_force

Certificate.

Effect of Unauthorized Signature on Security Certificate.

An unauthorized signature placed on a security certificate

before or in the course of issue is ineffective, but the signature

is effective in favor of a purchaser for value of the certificated

security if the purchaser is without notice of the lack of authority

and the signing has been done by:

(1) an authenticating trustee, registrar, transfer agent,

or other person entrusted by the issuer with the

signing of the security certificate or of similar

security certificates, or the immediate preparation

for signing of any of them; or

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 438

(2) an employee of the issuer, or of any of the persons

listed in paragraph (1) of this subsection, entrusted

with responsible handling of the security certificate.
Okla. Stat. tit. 12, § 12-3209 — OK Code / Title 12 / Section 12-3209
Renumbered as § 3232 of this title by Laws 1989, c. 129,
Status: in_force

§ 14, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-1461 — OK Code / Title 12 / Section 12-1461
Damages a bar to further action
Status: in_force

A recovery of damages, by virtue of this article, against a

party who shall have made a return to a writ of mandamus, is a bar

to any other action against the same party for the making of such

return.

R.L. 1910, § 4917.
Okla. Stat. tit. 12, § 12-1447.3 — OK Code / Title 12 / Section 12-1447.3
Damages recoverable
Status: in_force

In any action for damages for any defamatory statement published

in or uttered as a part of a television and/or radio broadcast, the

complaining party shall be allowed such actual and/or punitive

damages as he has alleged and proved.
Okla. Stat. tit. 12A, § 12A-8-405 — OK Code / Title 12A / Section 12A-8-405
Replacement of Lost, Destroyed, or Wrongfully Taken
Status: in_force

Security Certificate.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 448

Replacement of Lost, Destroyed, or Wrongfully Taken Security

Certificate.

(a) If an owner of a certificated security, whether in

registered or bearer form, claims that the certificate has been

lost, destroyed, or wrongfully taken, the issuer shall issue a new

certificate if the owner:

(1) so requests before the issuer has notice that the

certificate has been acquired by a protected

purchaser;

(2) files with the issuer a sufficient indemnity bond; and

(3) satisfies other reasonable requirements imposed by the

issuer.

(b) If, after the issue of a new security certificate, a

protected purchaser of the original certificate presents it for

registration of transfer, the issuer shall register the transfer

unless an overissue would result. In that case, the issuer's

liability is governed by Section 8-210 of this title. In addition

to any rights on the indemnity bond, an issuer may recover the new

certificate from a person to whom it was issued or any person taking

under that person, except a protected purchaser.
Okla. Stat. tit. 12, § 12-936 — OK Code / Title 12 / Section 12-936
Attorney fees taxed as costs in actions for labor or
Status: in_force

services rendered or on certain accounts, bills and contracts.

A. In any civil action to recover for labor or services

rendered, or on an open account, a statement of account, account

stated, note, bill, negotiable instrument, or contract relating to

the purchase or sale of goods, wares, or merchandise, unless

otherwise provided by law or the contract which is the subject of

the action, the prevailing party shall be allowed a reasonable

attorney fee to be set by the court, to be taxed and collected as

costs.

B. In any civil action to recover unpaid fees, fines, costs,

expenses or any other debt owed to this state or its agencies, as

defined pursuant to Section 152 of Title 51 of the Oklahoma

Statutes, unless otherwise provided by law, the prevailing party

Oklahoma Statutes - Title 12. Civil Procedure Page 176

shall be allowed a reasonable attorney fee to be set by the court,

to be taxed and collected as costs.
Okla. Stat. tit. 12, § 12-1501 — OK Code / Title 12 / Section 12-1501
Renumbered as § 569 of Title 52 by Laws 1985, c. 120, §
Status: in_force

2, emerg. eff. May 31, 1985.
Okla. Stat. tit. 12A, § 12A-4-215 — OK Code / Title 12A / Section 12A-4-215
Final Payment of Item by Payor Bank; When Provisional
Status: in_force

Debits and Credits Become Final; When Certain Credits Become

Available for Withdrawal.

FINAL PAYMENT OF ITEM BY PAYOR BANK; WHEN

PROVISIONAL DEBITS AND CREDITS BECOME FINAL;

WHEN CERTAIN CREDITS BECOME AVAILABLE FOR WITHDRAWAL

(a) An item is finally paid by a payor bank when the bank has

first done any of the following:

(1) Paid the item in cash;

(2) Settled for the item without having a right to revoke

the settlement under statute, clearing-house rule, or

agreement; or

(3) Made a provisional settlement for the item and failed

to revoke the settlement in the time and manner

permitted by statute, clearing-house rule, or

agreement.

(b) If provisional settlement for an item does not become

final, the item is not finally paid.

(c) If provisional settlement for an item between the

presenting and payor banks is made through a clearing-house or by

debits or credits in an account between them, then to the extent

that provisional debits or credits for the item are entered in

accounts between the presenting and payor banks or between the

presenting and successive prior collecting banks seriatim, they

become final upon final payment of the items by the payor bank.

(d) If a collecting bank receives a settlement for an item

which is or becomes final, the bank is accountable to its customer

for the amount of the item and any provisional credit given for the

item in an account with its customer becomes final.

(e) Subject to (i) applicable law stating a time for

availability of funds and (ii) any right of the bank to apply the

credit to an obligation of the customer, credit given by a bank for

an item in a customer's account becomes available for withdrawal as

of right:

(1) If the bank has received a provisional settlement for

the item, when the settlement becomes final and the

bank has had a reasonable time to receive return of

the item and the item has not been received within

that time; or

(2) If the bank is both the depositary bank and the payor

bank, and the item is finally paid, at the opening of

the bank's second banking day following receipt of the

item.

(f) Subject to applicable law stating a time for availability

of funds and any right of a bank to apply a deposit to an obligation

of the depositor, a deposit of money becomes available for

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 345

withdrawal as of right at the opening of the bank's next banking day

after receipt of the deposit.
Okla. Stat. tit. 12A, § 12A-4-105 — OK Code / Title 12A / Section 12A-4-105
Definitions of types of banks
Status: reserved

DEFINITIONS OF TYPES OF BANKS

In this article:

(1) Reserved;

(2) "Depositary bank" means the first bank to take an item even

though it is also the payor bank, unless the item is presented for

immediate payment over the counter;

(3) "Payor bank" means a bank that is the drawee of a draft;

(4) "Intermediary bank" means a bank to which an item is

transferred in course of collection except the depositary or payor

bank;

(5) "Collecting bank" means a bank handling an item for

collection except the payor bank; and

(6) "Presenting bank" means a bank presenting an item except a

payor bank.
Okla. Stat. tit. 12, § 12-1141 — OK Code / Title 12 / Section 12-1141
Action to quiet title - Sham legal process
Status: in_force

A. An action may be brought by any person in possession, by

himself or tenant, of real property against any person who claims an

estate or any interest therein adverse to the person bringing the

action for the purpose of determining such adverse estate or

interest, and such action may be joined with an action to recover

possession of such real property by any person not in possession.

The person or persons bringing such action shall not be required to

allege the particular estate or interest claimed adversely by the

person or persons against whom the action is brought, but may allege

that the defendants' claim is adverse to that of the plaintiffs.

B. If an action is brought to quiet title alleging that the

adverse claim is sham legal process, as defined by Section 1533 of

Title 21 of the Oklahoma Statutes, the court may award costs and

reasonable attorneys fees to the prevailing party. If the plaintiff

prevails in the action, the court shall order the defendant to pay

the plaintiff three times the damages that the plaintiff may have

sustained as a result of the sham legal process. A quiet title

action pursuant to this subsection shall be independent of any

criminal action that may be filed against the defendant, and there

shall be no requirement that the defendant in such an action be

convicted of any criminal act.

R.L. 1910, § 4927. Amended by Laws 1910-11, c. 10, p. 25, § 1; Laws

1957, p. 82, § 1, emerg. eff. June 1, 1957; Laws 1983, c. 33, § 1,

eff. Nov. 1, 1983; Laws 1997, c. 405, § 5, emerg. eff. June 13,

1997; Laws 1998, c. 57, § 1, emerg. eff. April 7, 1998; Laws 2000,

c. 147, § 6, eff. Nov. 1, 2000.
Okla. Stat. tit. 12A, § 12A-1-9-203 — OK Code / Title 12A / Section 12A-1-9-203
Attachment and enforceability of security interest –
Status: in_force

Proceeds - Supporting obligations - Formal requisites.

ATTACHMENT AND ENFORCEABILITY OF SECURITY INTEREST;

PROCEEDS; SUPPORTING OBLIGATIONS; FORMAL REQUISITES

(a) A security interest attaches to collateral when it becomes

enforceable against the debtor with respect to the collateral,

unless an agreement expressly postpones the time of attachment.

(b) Except as otherwise provided in subsections (c) through (i)

of this section, a security interest is enforceable against the

debtor and third parties with respect to the collateral only if:

(1) value has been given;

(2) the debtor has rights in the collateral or the power to

transfer rights in the collateral to a secured party; and

(3) one of the following conditions is met:

(A) the debtor has signed a security agreement that

provides a description of the collateral and, if the

security interest covers timber to be cut, a

description of the land concerned;

(B) the collateral is not a certificated security and is

in the possession of the secured party under Section

1-9-313 of this title pursuant to the debtor's

security agreement;

(C) the collateral is a certificated security in

registered form and the security certificate has been

delivered to the secured party under Section 8-301 of

this title pursuant to the debtor's security

agreement;

(D) the collateral is controllable accounts, controllable

electronic records, controllable payment intangibles,

deposit accounts, electronic documents, investment

property, or letter-of-credit rights, and the secured

party has control under Section 7-106, 1-9-104, 1-9-

106, 1-9-107, or 1-9-107A of this title pursuant to

the debtor's security agreement; or

(E) the collateral is chattel paper and the secured party

has possession and control under Section 1-9-314A of

this title pursuant to the debtor's security

agreement.

(c) Subsection (b) of this section is subject to Section 4-210

of this title on the security interest of a collecting bank, Section

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 44

5-118 of this title on the security interest of a letter-of-credit

issuer or nominated person, Section 1-9-110 of this title on a

security interest arising under Article 2 or 2A of this title, and

Section 1-9-206 of this title on security interests in investment

property.

(d) A person becomes bound as debtor by a security agreement

entered into by another person if, by operation of law other than

this article or by contract:

(1) the security agreement becomes effective to create a

security interest in the person's property; or

(2) the person becomes generally obligated for the obligations

of the other person, including the obligation secured under the

security agreement, and acquires or succeeds to all or substantially

all of the assets of the other person.

(e) If a new debtor becomes bound as debtor by a security

agreement entered into by another person:

(1) the agreement satisfies paragraph (3) of subsection (b) of

this section with respect to existing or after-acquired property of

the new debtor to the extent the property is described in the

agreement; and

(2) another agreement is not necessary to make a security

interest in the property enforceable.

(f) The attachment of a security interest in collateral gives

the secured party the rights to proceeds provided by Section 1-9-315

of this title and is also attachment of a security interest in a

supporting obligation for the collateral.

(g) The attachment of a security interest in a right to payment

or performance secured by a security interest or other lien on

personal or real property is also attachment of a security interest

in the security interest, mortgage, or other lien.

(h) The attachment of a security interest in a securities

account is also attachment of a security interest in the security

entitlements carried in the securities account.

(i) The attachment of a security interest in a commodity

account is also attachment of a security interest in the commodity

contracts carried in the commodity account.
Okla. Stat. tit. 12A, § 12A-4-501 — OK Code / Title 12A / Section 12A-4-501
Handling of Documentary Drafts; Duty to Send for
Status: in_force

Presentment and to Notify Customer of Dishonor.

HANDLING OF DOCUMENTARY DRAFTS; DUTY TO SEND FOR PRESENTMENT

AND TO NOTIFY CUSTOMER OF DISHONOR

A bank that takes a documentary draft for collection shall

present or send the draft and accompanying documents for presentment

and, upon learning that the draft has not been paid or accepted in

due course, shall seasonably notify its customer of the fact even

though it may have discounted or bought the draft or extended credit

available for withdrawal as of right.
Okla. Stat. tit. 12, § 12-953 — OK Code / Title 12 / Section 12-953
Final order defined
Status: in_force

An order affecting a substantial right in an action, when such

order, in effect, determines the action and prevents a judgment, and

an order affecting a substantial right, made in a special proceeding

or upon a summary application in an action after judgment, is a

final order, which may be vacated, modified or reversed, as provided

in this article.

R.L. 1910, § 5237.
Okla. Stat. tit. 12, § 12-135 — OK Code / Title 12 / Section 12-135
Actions against transportation or transmission companies
Status: in_force

Actions may be commenced against any transportation or

transmission company in the county where any person resides upon

Oklahoma Statutes - Title 12. Civil Procedure Page 62

whom service of summons is authorized to be made, irrespective of

the order in which such persons are named in this chapter, and

irrespective of the residence of any superior officer or authorized

person upon whom service of summons may be had; or in the county

where the cause of action, or some part thereof may have accrued;

or, in any county through which or into which the lines of road or

any part of the structure of such company may be, or passes; and the

plaintiff may elect in which county he will bring the action.

R.L. 1910, § 4675.
Okla. Stat. tit. 12A, § 12A-3-303 — OK Code / Title 12A / Section 12A-3-303
Value and Consideration
Status: in_force

VALUE AND CONSIDERATION

(a) An instrument is issued or transferred for value if:

(1) the instrument is issued or transferred for a promise

of performance, to the extent the promise has been

performed;

(2) the transferee acquires a security interest or other

lien in the instrument other than a lien obtained by

judicial proceeding;

(3) the instrument is issued or transferred as payment of,

or as security for, an antecedent claim against any

person, whether or not the claim is due;

(4) the instrument is issued or transferred in exchange

for a negotiable instrument; or

(5) the instrument is issued or transferred in exchange

for the incurring of an irrevocable obligation to a

third party by the person taking the instrument.

(b) "Consideration" means any consideration sufficient to

support a simple contract. The drawer or maker of an instrument has

a defense if the instrument is issued without consideration. If an

instrument is issued for a promise of performance, the issuer has a

defense to the extent performance of the promise is due and the

promise has not been performed. If an instrument is issued for

value as stated in subsection (a) of this section, the instrument is

also issued for consideration.
Okla. Stat. tit. 12, § 12-1175 — OK Code / Title 12 / Section 12-1175
Subsequent proceedings
Status: in_force

The judgment creditor may in like manner subsequently proceed

against other garnishees, or against the same garnishees, upon a new

affidavit, if the judgment creditor shall have reason to believe

they have subsequently become liable.

R.L. 1910, § 4825. Amended by Laws 1965, c. 297, § 5; Laws 1995, c.

338, § 7, eff. Nov. 1, 1995.
Okla. Stat. tit. 12A, § 12A-1-9-503 — OK Code / Title 12A / Section 12A-1-9-503
Name of debtor and secured party
Status: in_force

NAME OF DEBTOR AND SECURED PARTY

(a) A financing statement sufficiently provides the name of the

debtor:

(1) except as otherwise provided in paragraph (3) of this

subsection, if the debtor is a registered organization or the

collateral is held in a trust that is a registered organization,

only if the financing statement provides the name that is stated to

be the registered organization's name on the public organic record

most recently filed with or issued or enacted by the registered

organization's jurisdiction of organization which purports to state,

amend, or restate the registered organization's name;

(2) subject to subsection (f) of this section, if the

collateral is being administered by the personal representative of a

decedent, only if the financing statement provides, as the name of

the debtor, the name of the decedent and, in a separate part of the

financing statement, indicates that the collateral is being

administered by a personal representative;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 108

(3) if the collateral is held in a trust that is not a

registered organization, only if the financing statement:

(A) provides, as the name of the debtor:

(i) if the organic record of the trust specifies a

name for the trust, the name so specified; or

(ii) if the organic record of the trust does not

specify a name for the trust, the name of the

settlor or testator; and

(B) in a separate part of the financing statement:

(i) if the name is provided in accordance with

division (i) of subparagraph (A) of this

paragraph, indicates that the collateral is held

in a trust; or

(ii) if the name is provided in accordance with

division (ii) of subparagraph (A) of this

paragraph, provides additional information

sufficient to distinguish the trust from other

trusts having one or more of the same settlors or

the same testator and indicates that the

collateral is held in a trust, unless the

additional information so indicates;

(4) subject to subsection (g) of this section, if the debtor is

an individual to whom this state has issued a driver license that

has not expired, only if it provides the name of the individual

which is indicated on the driver license;

(5) if the debtor is an individual to whom paragraph (4) of

this subsection does not apply, only if it provides the individual

name of the debtor or the surname and first personal name of the

debtor; and

(6) in other cases:

(A) if the debtor has a name, only if it provides the

organizational name of the debtor; and

(B) if the debtor does not have a name, only if it

provides the names of the partners, members,

associates, or other persons comprising the debtor, in

a manner that each name provided would be sufficient

if the person named were the debtor.

(b) A financing statement that provides the name of the debtor

in accordance with subsection (a) of this section is not rendered

ineffective by the absence of:

(1) a trade name or other name of the debtor; or

(2) unless required under subparagraph (B) of paragraph (6) of

subsection (a) of this section, names of partners, members,

associates, or other persons comprising the debtor.

(c) A financing statement that provides only the debtor's trade

name does not sufficiently provide the name of the debtor.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 109

(d) Failure to indicate the representative capacity of a

secured party or representative of a secured party does not affect

the sufficiency of a financing statement.

(e) A financing statement may provide the name of more than one

debtor and the name of more than one secured party.

(f) The name of the decedent indicated on the order appointing

the personal representative of the decedent issued by the court

having jurisdiction over the collateral is sufficient as the "name

of the decedent" under paragraph (2) of subsection (a) of this

section.

(g) If this state has issued to an individual more than one

driver license or identification card authorized to be issued by the

Department of Public Safety of a kind described in paragraph (4) of

subsection (a) of this section, the one that was issued most

recently is the one to which paragraph (4) of subsection (a) of this

section refers.

(h) The "name of the settlor or testator" means:

(1) if the settlor is a registered organization, the name of

the registered organization indicated on the public organic record

filed with or issued or enacted by the registered organization's

jurisdiction of organization; or

(2) in other cases, the name of the settlor or testator

indicated in the trust's organic record.
Okla. Stat. tit. 12, § 12-24.1 — OK Code / Title 12 / Section 12-24.1
Disposal of records
Status: in_force

Any clerk, upon microfilming the record as above set forth, is

directed to destroy the record, provided that such record shall

first be offered to the county and State Historical Society.
Okla. Stat. tit. 12, § 12-1577 — OK Code / Title 12 / Section 12-1577
Redelivery on bond
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 317

If, within twenty-four (24) hours after service of the copy of

the order, there is executed by one or more sufficient sureties of

the defendant, to be approved by the sheriff, an undertaking to the

plaintiff, in not less than double the amount of the value of the

property as stated in the affidavit of the plaintiff, to the effect

that the defendant will deliver the property to the plaintiff, if

such delivery be adjudged, and will pay all costs and damages that

may be awarded against him, the sheriff shall return the property to

the defendant. If such undertaking be not given within twenty-four

(24) hours after service of the order, the sheriff shall deliver the

property to the plaintiff.

R.L. 1910, § 4804.
Okla. Stat. tit. 12A, § 12A-3-105 — OK Code / Title 12A / Section 12A-3-105
Issue of Instrument
Status: in_force

ISSUE OF INSTRUMENT

(a) "Issue" means:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 284

(1) The first delivery of an instrument by the maker or drawer,

whether to a holder or nonholder, for the purpose of giving rights

on the instrument to any person; or

(2) If agreed by the payee, the first transmission by the

drawer to the payee of an image of an item and information derived

from the item that enables the depository bank to collect the item

by transferring or presenting under federal law an electronic check.

(b) An unissued instrument, or an unissued incomplete

instrument that is completed, is binding on the maker or drawer, but

nonissuance is a defense. An instrument that is conditionally

issued or is issued for a special purpose is binding on the maker or

drawer, but failure of the condition or special purpose to be

fulfilled is a defense.

(c) "Issuer" applies to issued and unissued instruments and

means a maker or drawer of an instrument.
Okla. Stat. tit. 12, § 12-1868 — OK Code / Title 12 / Section 12-1868
Subpoena
Status: in_force

A. An arbitrator may issue a subpoena for the attendance of a

witness and for the production of records and other evidence at any

hearing and may administer oaths. A subpoena must be served in the

manner for service of subpoenas in a civil action and, upon

application and motion to the court by a party to the arbitration

proceeding or the arbitrator, enforced in the manner for enforcement

of subpoenas in a civil action. A witness may be allowed to appear

Oklahoma Statutes - Title 12. Civil Procedure Page 364

telephonically or by any other available means that allows

contemporaneous cross-examination.

B. In order to make the proceedings fair, expeditious, and

cost-effective, upon request of a party to or a witness in an

arbitration proceeding, an arbitrator may permit a deposition of any

witness to be taken for use as evidence at the hearing, including a

witness who cannot be subpoenaed for or is unable to attend a

hearing. The arbitrator shall determine the conditions under which

the deposition is taken.

C. An arbitrator may permit such discovery as the arbitrator

decides is appropriate in the circumstances, taking into account the

needs of the parties to the arbitration proceeding and other

affected persons and the desirability of making the proceeding fair,

expeditious, and cost-effective.

D. If an arbitrator permits discovery under subsection C of

this section, the arbitrator may order a party to the arbitration

proceeding to comply with the arbitrator’s discovery-related orders,

issue subpoenas for the attendance of a witness and for the

production of records and other evidence at a discovery proceeding,

and take action against a noncomplying party to the extent a court

could if the controversy were the subject of a civil action in this

state.

E. An arbitrator may issue a protective order to prevent the

disclosure of privileged information, confidential information,

trade secrets, and other information protected from disclosure to

the extent a court could if the controversy were the subject of a

civil action in this state.

F. All laws compelling a person under subpoena to testify and

all fees for attending a judicial proceeding, a deposition, or a

discovery proceeding as a witness apply to an arbitration proceeding

as if the controversy were the subject of a civil action in this

state.

G. The court may enforce a subpoena or discovery-related order

for the attendance of a witness within this state and for the

production of records and other evidence issued by an arbitrator in

connection with an arbitration proceeding in another state upon

conditions determined by the court so as to make the arbitration

proceeding fair, expeditious, and cost-effective. A subpoena or

discovery-related order issued by an arbitrator in another state

must be served in the manner provided by law for service of

subpoenas in a civil action in this state and, upon motion to the

court by a party to the arbitration proceeding or the arbitrator,

enforced in the manner provided by law for enforcement of subpoenas

in a civil action in this state.
Okla. Stat. tit. 12A, § 12A-3-420 — OK Code / Title 12A / Section 12A-3-420
Conversion of Instrument
Status: in_force

CONVERSION OF INSTRUMENT

(a) The law applicable to conversion of personal property

applies to instruments. An instrument is also converted if it is

taken by transfer, other than a negotiation, from a person not

entitled to enforce the instrument or a bank makes or obtains

payment with respect to the instrument for a person not entitled to

enforce the instrument or receive payment. An action for conversion

of an instrument may not be brought by (i) the issuer or acceptor of

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 319

the instrument or (ii) a payee or indorsee who did not receive

delivery of the instrument either directly or through delivery to an

agent or a co-payee.

(b) In an action under subsection (a) of this section, the

measure of liability is presumed to be the amount payable on the

instrument, but recovery may not exceed the amount of the

plaintiff's interest in the instrument.

(c) A representative, other than a depositary bank, who has in

good faith dealt with an instrument or its proceeds on behalf of one

who was not the person entitled to enforce the instrument is not

liable in conversion to that person beyond the amount of any

proceeds that it has not paid out.
Okla. Stat. tit. 12, § 12-770 — OK Code / Title 12 / Section 12-770
Other executions of realty not sold
Status: in_force

If lands or tenements, levied on as aforesaid, are not sold upon

one execution, other executions may be issued to sell the property

so levied upon.

R.L. 1910, § 5172.
Okla. Stat. tit. 12, § 12-1514 — OK Code / Title 12 / Section 12-1514
Return and deed
Status: in_force

The sheriff shall make return of his proceedings to the court,

and if the sale made by him shall be approved by the court, the

sheriff shall execute a deed to the purchaser, upon the payment of

the purchase money, or securing the same to be paid, in such manner

as the court shall direct.

R.L. 1910, § 4953.
Okla. Stat. tit. 12, § 12-665 — OK Code / Title 12 / Section 12-665
Order of trial of cases docketed
Status: in_force

The trial of an issue of fact, and the assessment of damages in

any case, shall be in the order in which they are placed on the

trial docket, unless by the consent of the parties or the order of

the court they are continued or placed at the heel of the docket,

unless the court, in its discretion, shall otherwise direct. The

court may, in its discretion, hear at any time a motion, and may by

rule prescribe the time for hearing motions.

R.L. 1910, § 5042.
Okla. Stat. tit. 12, § 12-3255 — OK Code / Title 12 / Section 12-3255
Application for protective order or to enforce, quash or
Status: in_force

modify an issued subpoena.

Oklahoma Statutes - Title 12. Civil Procedure Page 544

An application to the court for a protective order or to

enforce, quash or modify a subpoena issued by a clerk of court under

Section 3 of this act must comply with the rules or statutes of this

state and be submitted to the court in the county in which discovery

is to be conducted.
Okla. Stat. tit. 12, § 12-729.3 — OK Code / Title 12 / Section 12-729.3
Application of act
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 140

A. This act applies only to a foreign-money claim in an action

or distribution proceeding.

B. This act applies to foreign-money issues even if other law

under the conflict of laws rules of this state applies to other

issues in the action or distribution proceeding.
Okla. Stat. tit. 12, § 12-1387 — OK Code / Title 12 / Section 12-1387
Injunction during litigation without notice - Service of
Status: in_force

order.

Where the injunction is allowed during the litigation, and

without notice of the application therefor, the order of injunction

shall be issued and the sheriff shall forthwith serve the same upon

each party enjoined, in the manner prescribed for serving a summons,

and make return thereof without delay.

R.L. 1910, § 4872.
Okla. Stat. tit. 12, § 12-2502 — OK Code / Title 12 / Section 12-2502
Attorney-client privilege
Status: in_force

A. As used in this section:

1. An “attorney” is a person authorized, or reasonably believed

by the client to be authorized, to engage in the practice of law in

any state or nation;

2. A “client” is a person, public officer, or corporation,

association, or other organization or entity, either public or

private, who consults an attorney with a view towards obtaining

legal services or is rendered professional legal services by an

attorney;

3. A “representative of an attorney” is one employed by the

attorney to assist the attorney in the rendition of professional

legal services;

4. A “representative of the client” is:

a. one having authority to obtain professional legal

services, or to act on advice rendered pursuant

thereto, on behalf of the client, or

b. any other person who, for the purpose of effectuating

legal representation for the client, makes or receives

a confidential communication while acting in the scope

of employment for the client; and

5. A communication is “confidential” if not intended to be

disclosed to third persons other than those to whom disclosure is

made in furtherance of the rendition of professional legal services

to the client or those reasonably necessary for the transmission of

the communication.

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

prevent any other person from disclosing confidential communications

made for the purpose of facilitating the rendition of professional

legal services to the client:

1. Between the client or a representative of the client and the

client’s attorney or a representative of the attorney;

2. Between the attorney and a representative of the attorney;

3. By the client or a representative of the client or the

client’s attorney or a representative of the attorney to an attorney

Oklahoma Statutes - Title 12. Civil Procedure Page 452

or a representative of an attorney representing another party in a

pending action and concerning a matter of common interest therein;

4. Between representatives of the client or between the client

and a representative of the client; or

5. Among attorneys and their representatives representing the

same client.

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

guardian or conservator, the personal representative of a deceased

client, or the successor, trustee, or similar representative of a

corporation, association, or other organization, whether or not in

existence. The person who was the attorney or the attorney’s

representative at the time of the communication is presumed to have

authority to claim the privilege but only on behalf of the client.

D. There is no privilege under this section:

1. If the services of the attorney were sought or obtained to

enable or aid anyone to commit or plan to commit what the client

knew or reasonably should have known to be a crime or fraud;

2. As to a communication relevant to an issue between parties

who claim through the same deceased client, regardless of whether

the claims are by testate or intestate succession or by inter vivos

transaction;

3. As to a communication relevant to an issue of breach of duty

by the attorney to the client or by the client to the attorney;

4. As to a communication necessary for an attorney to defend in

a legal proceeding an accusation that the attorney assisted the

client in criminal or fraudulent conduct;

5. As to a communication relevant to an issue concerning an

attested document to which the attorney is an attesting witness;

6. As to a communication relevant to a matter of common

interest between or among two or more clients if the communication

was made by any of them to an attorney retained or consulted in

common, when offered in an action between or among any of the

clients; or

7. As to a communication between a public officer or agency and

its attorney unless the communication concerns a pending

investigation, claim or action and the court determines that

disclosure will seriously impair the ability of the public officer

or agency to process the claim or conduct a pending investigation,

litigation or proceeding in the public interest.

E. A disclosure of a communication or information covered by

the attorney-client privilege or the work-product doctrine does not

operate as a waiver if:

1. The disclosure was inadvertent;

2. The holder of the privilege took reasonable steps to prevent

disclosure; and

3. The holder of the privilege took reasonable steps to rectify

the error including, but not limited to, information falling within

Oklahoma Statutes - Title 12. Civil Procedure Page 453

the scope of paragraph 4 of subsection B of Section 3226 of this

title, if applicable.

F. Disclosure of a communication or information meeting the

requirements of an attorney-client privilege as set forth in this

section or the work-product doctrine to a governmental office,

agency or political subdivision in the exercise of its regulatory,

investigative, or enforcement authority does not operate as a waiver

of the privilege or protection in favor of nongovernmental persons

or entities. Disclosure of such information does not waive the

privilege or protection of undisclosed communications on the same

subject unless:

1. The waiver is intentional;

2. The disclosed and undisclosed communications or information

concern the same subject matter; and

3. Due to principles of fairness, the disclosed and undisclosed

communications or information should be considered together.
Okla. Stat. tit. 12, § 12-1173.2 — OK Code / Title 12 / Section 12-1173.2
Summons - Garnishment for collection of support
Status: in_force

Upon the filing of such affidavit and the undertaking and, when

a hearing is required, after said hearing, where the garnishment is

for the collection of support, garnishee summons shall be issued by

the judge of the district court if prejudgment garnishment is sought

or by the clerk of the district court if postjudgment garnishment is

sought and served upon each of the garnishees, in the manner

provided for service of summons, and shall be returned with proof of

service within five (5) days of its date except when issued to

another county it shall be returned with proof of service within ten

(10) days from its date. The garnishee summons shall be on a form

prescribed by the Oklahoma Bar Association. The Administrative

Office of the Courts shall provide for public access to the

garnishee summons by providing a link to the form on Oklahoma State

Courts Network (OSCN) website.
Okla. Stat. tit. 12, § 12-305 — OK Code / Title 12 / Section 12-305
Description of real property
Status: in_force

In any action for the recovery of real property, it shall be

described with such convenient certainty as will enable an officer

holding an execution to identify it.

R.L. 1910, § 4778.
Okla. Stat. tit. 12A, § 12A-2A-508 — OK Code / Title 12A / Section 12A-2A-508
Lessee's Remedies
Status: in_force

LESSEE'S REMEDIES

(1) If a lessor fails to deliver the goods in conformity to the

lease contract (Section 2A-509 of this title) or repudiates the

lease contract (Section 2A-402 of this title), or a lessee

rightfully rejects the goods (Section 2A-509 of this title) or

justifiably revokes acceptance of the goods (Section 2A-517 of this

title), then with respect to any goods involved, and with respect to

all of the goods if under an installment lease contract the value of

the whole lease contract is substantially impaired (Section 2A-510

of this title), the lessor is in default under the lease contract

and the lessee may:

(a) cancel the lease contract (subsection (1) of Section

2A-505 of this title);

(b) recover so much of the rent and security as has been

paid and is just under the circumstances;

(c) cover and recover damages as to all goods affected

whether or not they have been identified to the lease

contract (Sections 2A-518 and 2A-520 of this title),

or recover damages for nondelivery (Sections 2A-519

and 2A-520 of this title);

(d) exercise any other rights or pursue any other remedies

provided in the lease contract.

(2) If a lessor fails to deliver the goods in conformity to the

lease contract or repudiates the lease contract, the lessee may

also:

(a) if the goods have been identified, recover them

(Section 2A-522 of this title); or

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 265

(b) in a proper case, obtain specific performance or

replevy the goods (Section 2A-521 of this title).

(3) If a lessor is otherwise in default under a lease contract,

the lessee may exercise the rights and pursue the remedies provided

in the lease contract, which may include a right to cancel the

lease, and in subsection (3) of Section 2A-519 of this title.

(4) If a lessor has breached a warranty, whether express or

implied, the lessee may recover damages (subsection (4) of Section

2A-519 of this title).

(5) On rightful rejection or justifiable revocation or

acceptance, a lessee has a security interest in goods in the

lessee's possession or control for any rent and security that has

been paid and any expenses reasonably incurred in their inspection,

receipt, transportation, and care and custody and may hold those

goods and dispose of them in good faith and in a commercially

reasonable manner, subject to subsection (5) of Section 2A-527 of

this title.

(6) Subject to the provisions of Section 2A-407 of this title,

a lessee, on notifying the lessor of the lessee's intention to do

so, may deduct all or any part of the damages resulting from any

default under the lease contract from any part of the rent still due

under the same lease contract.
Okla. Stat. tit. 12A, § 12A-4A-506 — OK Code / Title 12A / Section 12A-4A-506
Rate of interest
Status: in_force

RATE OF INTEREST

(a) If, under this Article, a receiving bank is obliged to pay

interest with respect to a payment order issued to the bank, the

amount payable may be determined (i) by agreement of the sender and

receiving bank, or (ii) by a funds-transfer system rule if the

payment order is transmitted through a funds-transfer system.

(b) If the amount of interest is not determined by an agreement

or rule as stated in subsection (a) of this section, the amount is

calculated by multiplying the applicable Federal Funds rate by the

amount on which interest is payable, and then multiplying the

product by the number of days for which interest is payable. The

applicable Federal Funds rate is the average of the Federal Funds

rates published by the Federal Reserve Bank of New York for each of

the days for which interest is payable divided by three hundred

sixty (360). The Federal Funds rate for any day on which a

published rate is not available is the same as the published rate

for the next preceding day for which there is a published rate. If

a receiving bank that accepted a payment order is required to refund

payment to the sender of the order because the funds transfer was

not completed, but the failure to complete was not due to any fault

by the bank, the interest payable is reduced by a percentage equal

to the reserve requirement on deposits of the receiving bank.
Okla. Stat. tit. 12A, § 12A-3-109 — OK Code / Title 12A / Section 12A-3-109
Payable to Bearer or to Order
Status: in_force

PAYABLE TO BEARER OR TO ORDER

(a) A promise or order is payable to bearer if it:

(1) states that it is payable to bearer or to the order of

bearer or otherwise indicates that the person in

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 286

possession of the promise or order is entitled to

payment;

(2) does not state a payee; or

(3) states that it is payable to or to the order of cash

or otherwise indicates that it is not payable to an

identified person.

(b) A promise or order that is not payable to bearer is payable

to order if it is payable (i) to the order of an identified person

or (ii) to an identified person or order. A promise or order that

is payable to order is payable to the identified person.

(c) An instrument payable to bearer may become payable to an

identified person if it is specially indorsed pursuant to subsection

(a) of Section 3-205 of this title. An instrument payable to an

identified person may become payable to bearer if it is indorsed in

blank pursuant to subsection (b) of Section 3-205 of this title.
Okla. Stat. tit. 12, § 12-3312 — OK Code / Title 12 / Section 12-3312
Disclosure of information
Status: in_force

DISCLOSURE OF INFORMATION.

Except as provided by law other than this act, during the

collaborative law process, on the request of another party, a party

shall make timely, full, candid, and informal disclosure of

information related to the collaborative matter without formal

discovery. A party also shall update promptly previously disclosed

information that has materially changed. The parties may define the

scope of disclosure during the collaborative law process.
Okla. Stat. tit. 12A, § 12A-8-204 — OK Code / Title 12A / Section 12A-8-204
Effect of Issuer's Restrictions on Transfer
Status: in_force

Effect of Issuer's Restrictions on Transfer.

A restriction on transfer of a security imposed by the issuer,

even if otherwise lawful, is ineffective against a person without

knowledge of the restriction unless:

(1) the security is certificated and the restriction is

noted conspicuously on the security certificate; or

(2) the security is uncertificated and the registered

owner has been notified of the restriction.
Okla. Stat. tit. 12A, § 12A-8-404 — OK Code / Title 12A / Section 12A-8-404
Wrongful Registration
Status: in_force

Wrongful Registration.

(a) Except as otherwise provided in Section 8-406 of this

title, an issuer is liable for wrongful registration of transfer if

the issuer has registered a transfer of a security to a person not

entitled to it, and the transfer was registered:

(1) pursuant to an ineffective indorsement or instruction;

(2) after a demand that the issuer not register transfer

became effective under subsection (a) of Section 8-403

of this title and the issuer did not comply with

subsection (b) of Section 8-403 of this title;

(3) after the issuer had been served with an injunction,

restraining order, or other legal process enjoining it

from registering the transfer, issued by a court of

competent jurisdiction, and the issuer had a

reasonable opportunity to act on the injunction,

restraining order, or other legal process; or

(4) by an issuer acting in collusion with the wrongdoer.

(b) An issuer that is liable for wrongful registration of

transfer under subsection (a) of this section on demand shall

provide the person entitled to the security with a like certificated

or uncertificated security, and any payments or distributions that

the person did not receive as a result of the wrongful registration.

If an overissue would result, the issuer's liability to provide the

person with a like security is governed by Section 8-210 of this

title.

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

section or in a law relating to the collection of taxes, an issuer

is not liable to an owner or other person suffering loss as a result

of the registration of a transfer of a security if registration was

made pursuant to an effective indorsement or instruction.
Okla. Stat. tit. 12, § 12-574 — OK Code / Title 12 / Section 12-574
Vacancies filled at once - Challenges to jurors
Status: in_force

After each challenge, the vacancy shall be filled before further

challenges are made; and any new juror thus introduced may be

challenged for cause as well as peremptorily.

R.L. 1910, § 4999.
Okla. Stat. tit. 12, § 12-753 — OK Code / Title 12 / Section 12-753
Same void when issued to or levied otherwise
Status: in_force

Any attachment or execution issued to, or levied by anyone other

than a bonded officer shall be void and of no effect and the court

clerk or judge of the district court, or clerks of the judge of the

district court issuing same, or officer levying same, as the case

may be, together with their bondsmen shall be liable for any damage

caused thereby.
Okla. Stat. tit. 12, § 12-1106 — OK Code / Title 12 / Section 12-1106
Offer to confess judgment in part
Status: in_force

After an action for the recovery of money is brought, the

defendant may offer in court to confess judgment for part of the

amount claimed, or part of the causes involved in the action;

whereupon, if the plaintiff, being present, refuse to accept such

confession of judgment in full of his demands against the defendant

in the action, or, having had such notice that the offer would be

made, of its amount, and of the time of making it, as the court

shall deem reasonable, fail to attend, and on the trial do not

Oklahoma Statutes - Title 12. Civil Procedure Page 213

recover more than was so offered to be confessed, such plaintiff

shall pay all the costs of the defendant incurred after the offer.

The offer shall not be deemed to be an admission of the cause of

action, or the amount to which the plaintiff is entitled, nor be

given in evidence upon the trial.

R.L. 1910, § 5306.
Okla. Stat. tit. 12A, § 12A-4-211 — OK Code / Title 12A / Section 12A-4-211
When Bank Gives Value for Purposes of Holder In Due
Status: in_force

Course.

WHEN BANK GIVES VALUE FOR PURPOSES OF HOLDER IN DUE COURSE

For purposes of determining its status as a holder in due

course, a bank has given value to the extent it has a security

interest in an item, if the bank otherwise complies with the

requirements of Section 3-302 of this title on what constitutes a

holder in due course.
Okla. Stat. tit. 12, § 12-1352 — OK Code / Title 12 / Section 12-1352
Writs and processes - Issuance and service on Sunday
Status: in_force

Any writ or process authorized by this article may be issued and

served, in case of emergency, on Sunday.

R.L. 1910, § 4903.
Okla. Stat. tit. 12A, § 12A-2-511 — OK Code / Title 12A / Section 12A-2-511
Tender of Payment by Buyer; Payment by Check
Status: in_force

Tender of Payment by Buyer; Payment by Check.

(1) Unless otherwise agreed tender of payment is a condition to

the seller's duty to tender and complete any delivery.

(2) Tender of payment is sufficient when made by any means or

in any manner current in the ordinary course of business unless the

seller demands payment in legal tender and gives any extension of

time reasonably necessary to procure it.

(3) Subject to the provisions of this act on the effect of an

instrument on an obligation (Section 3-310), payment by check is

conditional and is defeated as between the parties by dishonor of

the check on due presentment.
Okla. Stat. tit. 12, § 12-1600.31a — OK Code / Title 12 / Section 12-1600.31a
Renumbered as § 336 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12A, § 12A-2-209 — OK Code / Title 12A / Section 12A-2-209
Modification, Rescission and Waiver
Status: in_force

(1) An agreement modifying a contract within this article needs

no consideration to be binding.

(2) A signed agreement which excludes modification or

rescission except by a signed writing or other signed record cannot

be otherwise modified or rescinded, but except as between merchants

such a requirement on a form supplied by the merchant must be

separately signed by the other party.

(3) The requirements of the statute of frauds section of this

article (Section 2-201) must be satisfied if the contract as

modified is within its provisions.

(4) Although an attempt at modification or rescission does not

satisfy the requirements of subsection (2) or (3) it can operate as

a waiver.

(5) A party who has made a waiver affecting an executory

portion of the contract may retract the waiver by reasonable

notification received by the other party that strict performance

will be required of any term waived, unless the retraction would be

unjust in view of a material change of position in reliance on the

waiver.
Okla. Stat. tit. 12, § 12-2401 — OK Code / Title 12 / Section 12-2401
Definition of "relevant evidence"
Status: in_force

"Relevant evidence" means evidence having any tendency to make

the existence of any fact that is of consequence to the

determination of the action more probable or less probable than it

would be without the evidence.
Okla. Stat. tit. 12, § 12-773 — OK Code / Title 12 / Section 12-773
Payment to defendant of overplus after sale
Status: in_force

If, on any sale made as aforesaid, there shall be in the hands

of the sheriff or other officer more money than is sufficient to

satisfy the writ or writs of execution, with interest and costs, the

sheriff or other officer shall, on demand, pay the balance to the

defendant in execution.

R.L. 1910, § 5175.
Okla. Stat. tit. 12, § 12-2025 — OK Code / Title 12 / Section 12-2025
Substitution of parties
Status: in_force

SUBSTITUTION OF PARTIES

A. DEATH.

1. If a party dies and the claim is not thereby extinguished,

the court may order substitution of the proper parties. The motion

for substitution may be made by any party or by the successors or

representatives of the deceased party and, together with the notice

of hearing, shall be served on the parties as provided in Section

2005 of this title and upon persons not parties in the manner

provided in Section 2004 of this title for the service of a summons.

During the pendency of an action any party or any attorney who was

an attorney of record for the deceased party immediately preceding

death may file with the court a statement of the death of another

party conforming substantially to Form 22 of Section 2027 of this

title along with proof of death and serve the statement of death and

proof of death on all other parties in the manner provided in

Section 2005 of this title. Unless the motion for substitution is

made within ninety (90) days of service of the statement of death,

the action shall be dismissed without prejudice as to the deceased

party.

2. In the event of the death of one or more of the plaintiffs

or of one or more of the defendants in an action in which the right

Oklahoma Statutes - Title 12. Civil Procedure Page 428

sought to be enforced survives only to the surviving plaintiffs or

only against the surviving defendants, the action does not abate. A

statement of death conforming substantially to Form 22 of Section

2027 of this title along with proof of death shall be filed with the

court by any party and served on all other parties, and the action

shall proceed in favor of or against the surviving parties.

B. INCOMPETENCY. If a party becomes incompetent, the court

upon motion served as provided in subsection A of this section may

allow the action to be continued by or against the representative of

the incompetent party.

C. TRANSFER OF INTEREST. In case of any transfer of interest,

the action may be continued by or against the original party, unless

the court upon motion directs the person to whom the interest is

transferred to be substituted in the action or joined with the

original party. Service of the motion shall be made as provided in

subsection A of this section.

D. PUBLIC OFFICERS; DEATH OR SEPARATION FROM OFFICE.

1. When a public officer is a party to an action in the

official capacity of the public officer and during its pendency

dies, resigns, or otherwise ceases to hold office, the action does

not abate and the successor of the public officer is automatically

substituted as a party. Proceedings following the substitution

shall be in the name of the substituted party, but any misnomer not

affecting the substantial rights of the parties shall be

disregarded. An order of substitution may be entered at any time,

but the omission to enter such an order shall not affect the

substitution.

2. When a public officer sues or is sued in the official

capacity of the public officer, the public officer may be described

as a party by the official title of the public officer rather than

by name; but the court may require the name of the public officer to

be added.
Okla. Stat. tit. 12, § 12-187 — OK Code / Title 12 / Section 12-187
Action against nonresident defendant(s) - Venue
Status: in_force

In addition to the other counties in which an action may be

brought against a nonresident of this state, an action where all

defendants are nonresidents of the state may be brought in the

county where the cause of action arose or in the county where the

plaintiff or one of the plaintiffs resides. If one or more of the

defendants is a resident of this state, the action shall be brought

in any county where venue would be proper as to the resident

defendant or one of the resident defendants if there are several.
Okla. Stat. tit. 12A, § 12A-15-111 — OK Code / Title 12A / Section 12A-15-111
Notarization and acknowledgment
Status: in_force

NOTARIZATION AND ACKNOWLEDGMENT

If a law requires a signature or record to be notarized,

acknowledged, verified, or made under oath, the requirement is

satisfied if the electronic signature of the person authorized to

perform those acts, together with all other information required to

be included by other applicable law, is attached to or logically

associated with the signature or record.
Okla. Stat. tit. 12, § 12-2023.1 — OK Code / Title 12 / Section 12-2023.1
Derivative actions by shareholders
Status: in_force

DERIVATIVE ACTIONS BY SHAREHOLDERS

In a derivative action brought by one or more shareholders or

members to enforce a right of a corporation or of an unincorporated

association, the corporation or association having failed to enforce

a right which may properly be asserted by it, the petition shall be

verified and shall allege that the plaintiff was a shareholder or

member at the time of the transaction of which he complains or that

his share or membership thereafter devolved on him by operation of

law. The petition shall also allege with particularity the efforts,

if any, made by the plaintiff to obtain the action he desires from

the directors or comparable authority and, if necessary, from the

shareholders or members, and the reasons for his failure to obtain

the action or for not making the effort. The derivative action may

not be maintained if it appears that the plaintiff does not fairly

and adequately represent the interests of the shareholders or

members similarly situated in enforcing the right of the corporation

or association. The action shall not be dismissed or compromised

without the approval of the court, and notice of the proposed

dismissal or compromise shall be given to shareholders or members in

such manner as the court directs.
Okla. Stat. tit. 12A, § 12A-7-401 — OK Code / Title 12A / Section 12A-7-401
Irregularities in issue of receipt or bill or conduct
Status: in_force

of issuer.

Irregularities in Issue of Receipt or Bill or Conduct of Issuer.

The obligations imposed by this article on an issuer apply to a

document of title even if:

(1) the document does not comply with the requirements of this

article or of any other statute, rule, or regulation regarding its

issue, form or content;

(2) the issuer violated laws regulating the conduct of its

business;

(3) the goods covered by the document were owned by the bailee

at the time the document was issued; or

(4) the person issuing the document is not a warehouse but the

document purports to be a warehouse receipt.
Okla. Stat. tit. 12A, § 12A-7-402 — OK Code / Title 12A / Section 12A-7-402
Duplicate receipt or bill - Overissue
Status: in_force

Duplicate Receipt or Bill; Overissue.

A duplicate or any other document of title purporting to cover

goods already represented by an outstanding document of the same

issuer does not confer any right in the goods, except as provided in

the case of tangible bills of lading in a set of parts, overissue of

documents for fungible goods, substitutes for lost, stolen, or

destroyed documents, or substitute documents issued pursuant to

Section 7-105.1 of this title. The issuer is liable for damages

caused by its overissue or failure to identify a duplicate document

as such by conspicuous notation.
Okla. Stat. tit. 12, § 12-1182 — OK Code / Title 12 / Section 12-1182
Proceedings deemed actions - Judgment and enforcement -
Status: in_force

Trial and dismissal - Unmatured or unliquidated debts.

The proceedings against a garnishee shall be deemed an action by

the judgment creditor against garnishee and defendant, as parties

defendant, and all of the provisions for enforcing judgment shall be

applicable thereto. No trial shall be had of the garnishee action

until the judgment creditor shall have judgment in the principal

action, and if the defendant have judgment, the garnishee action

shall be dismissed with costs, unless the judgment creditor shall

perfect an appeal according to law, in which event the garnishment

proceeding shall be continued until the disposition of the appeal,

and it shall not be necessary to appeal the garnishment proceedings,

or make the garnishee a party to the appeal. The court shall render

such judgment in all cases as shall be just to all of the parties

and shall properly protect their respective interests, and may

adjudge the recovery of any indebtedness, the conveyance, transfer,

or delivery to the sheriff, or any officer appointed by the

judgment, of any property disclosed or found to be liable to be

applied to the judgment creditor's demand, or by the judgment pass

the title thereto; and may therein, or by its order when proper,

direct the manner of making sale and of disposing of the proceeds

thereof, or of any money or other things paid over or delivered to

the clerk or officer. The judgment against a garnishee shall acquit

and discharge from all demands by the defendant or the defendant's

representatives for all moneys, goods, effects, or credits paid,

delivered or accounted for by the garnishee by force of such

judgment; provided, it shall be no defense to proceedings against a

garnishee that the debt owing by the garnishee to the defendant was

unliquidated or was not due.

R.L. 1910, § 4832. Amended by Laws 1913, c. 121, p. 232, § 1; Laws

1965, c. 297, § 12; Laws 1995, c. 338, § 14, eff. Nov. 1, 1995.
Okla. Stat. tit. 12A, § 12A-7-204 — OK Code / Title 12A / Section 12A-7-204
Duty of care - Contractual limitation of warehouse's
Status: in_force

liability.

Duty of Care; Contractual Limitation of Warehouse’s Liability.

(a) A warehouse is liable for damages for loss of or injury to

the goods caused by its failure to exercise care with regard to the

goods as a reasonably careful person would exercise under similar

circumstances. Unless otherwise agreed, the warehouse is not liable

for damages that could not have been avoided by the exercise of that

care.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 402

(b) Damages may be limited by a term in the warehouse receipt

or storage agreement limiting the amount of liability in case of

loss or damage beyond which the warehouse shall not be liable. Such

a limitation is not effective with respect to the warehouse’s

liability for conversion to its own use. On request of the bailor

in a record at the time of signing the storage agreement or within a

reasonable time after receipt of the warehouse receipt, the

warehouse’s liability may be increased on part or all of the goods

covered by the storage agreement or the warehouse receipt. In this

event, increased rates may be charged based on an increased

valuation of the goods.

(c) Reasonable provisions as to the time and manner of

presenting claims and commencing actions based on the bailment may

be included in the warehouse receipt or storage agreement.
Okla. Stat. tit. 12A, § 12A-2A-405 — OK Code / Title 12A / Section 12A-2A-405
Excused performance
Status: in_force

EXCUSED PERFORMANCE

Subject to Section 44 of this act on substituted performance,

the following rules apply:

(a) Delay in delivery or nondelivery in whole or in

part by a lessor or a supplier who complies with paragraphs (b) and

(c) of this section is not a default under the lease contract if

performance as agreed has been made impracticable by the occurrence

of a contingency the nonoccurrence of which was a basic assumption

on which the lease contract was made or by compliance in good faith

with any applicable foreign or domestic governmental regulation or

order, whether or not the regulation or order later proves to be

invalid.

(b) If the causes mentioned in paragraph (a) of this

section affect only part of the lessor's or the supplier's capacity

to perform, he shall allocate production and deliveries among his

customers but at his option may include regular customers not then

under contract for sale or lease as well as his own requirements for

further manufacture. He may so allocate in any manner that is fair

and reasonable.

(c) The lessor seasonably shall notify the lessee

and in the case of a finance lease the supplier seasonably shall

notify the lessor and the lessee, if known, that there will be delay

or nondelivery and, if allocation is required under paragraph (b) of

this section, of the estimated quota thus made available for the

lessee.
Okla. Stat. tit. 12, § 12-1173.4 — OK Code / Title 12 / Section 12-1173.4
Continuing earnings garnishment
Status: in_force

A. Any judgment creditor may obtain a continuing lien on

earnings. For the purposes of this section, "earnings" means any

Oklahoma Statutes - Title 12. Civil Procedure Page 247

form of payment to an individual including, but not limited to,

salary, wages, commission, or other compensation, but does not

include reimbursements for travel expenses for state employees.

B. A continuing earnings garnishment shall be commenced by

filing the affidavit provided for by Section 1172 of this title.

C. The summons required by this section shall be on a form

prescribed by the Oklahoma Bar Association. The Administrative

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

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

(OSCN) website.

D. The summons required by this section shall be served upon

each of the garnishees, together with a copy of the judgment

creditor's affidavit, a garnishee's answer form, notice of

garnishment and request for hearing, and claim for exemptions, in

the manner provided for in Section 2004 of this title and shall be

returned with proof of service within ten (10) days of its date.

E. The garnishee's answer shall be on a form prescribed by the

Oklahoma Bar Association. The Administrative Office of the Courts

shall provide public access to the garnishee's answer by providing a

link to the form on the Oklahoma State Courts Network (OSCN)

website.

F. Within seven (7) days after the end of each pay period, or,

if the judgment debtor does not have regular pay periods or is not

paid by the garnishee within thirty (30) days from the date of the

garnishment summons, and after any payment by the garnishee to the

judgment debtor, the garnishee shall file an answer with the court

clerk, and pay the amount withheld to the judgment creditor's

attorney or to the judgment creditor, if there is no attorney,

together with a copy of the answer which shall state:

1. Whether the garnishee was the employer of the defendant

named in the notice, was indebted to the defendant, or was under any

liability to the defendant in any manner or upon any account for

earnings, specifying the beginning and ending dates of the pay

period, if applicable, existing at the time of the service of the

affidavit and summons, the total amounts earned in the entire pay

period, and all of the facts and circumstances necessary to a

complete understanding of any indebtedness or liability. When the

garnishee shall be in doubt respecting the liability or

indebtedness, the garnishee may set forth all of the facts and

circumstances concerning the same, and submit the question to the

court;

2. If the garnishee shall claim any setoff, defense, other

indebtedness, liability, lien, or claim to the property, the facts

and circumstances in the affidavit;

3. At the garnishee's option, any claim of exemption from

execution on the part of the defendant or other objection known to

Oklahoma Statutes - Title 12. Civil Procedure Page 248

the garnishee against the right of the judgment creditor to apply

the indebtedness or property disclosed;

4. If the garnishee shall disclose any indebtedness or the

possession of any property to which the defendant or any other

person makes claim, at the garnishee's option, the names and

addresses of other claimants and, so far as known, the nature of

their claims; and

5. That the garnishee has mailed or hand-delivered a copy of

the notice of garnishment and exemptions, application for hearing,

and the manner and date of compliance.

G. The garnishment summons served on the garnishee under this

section is a lien on the defendant's property due at the time of

service or the effective date of the summons, to the extent the

property is not exempt from garnishment. This lien attaches to

subsequent nonexempt earnings until one of the following occurs:

1. The judgment against the defendant is vacated, modified, or

satisfied in full;

2. The summons is dismissed; or

3. One hundred eighty (180) days from the effective date of the

summons have elapsed; provided, an affidavit and summons shall

continue in effect and shall apply to a pay period beginning before

the end of the one-hundred-eighty-day period even if the conclusion

extends beyond the end of the period.

H. 1. A garnishment lien under this section has priority over

any subsequent garnishment lien or garnishment summons served on the

garnishee during the period it is in effect, regardless of whether

the amounts withheld by the garnishee are reduced by the court or by

agreement of the parties.

2. a. When a garnishment summons is served under this

section on a garnishee while a previous garnishment

lien is still in effect, the garnishee shall answer

the subsequent garnishment lien or garnishment summons

by stating that the garnishee is presently holding

defendant's property under a previous garnishment lien

or garnishment summons, and by giving the date when

all previous garnishment liens or garnishment summons

are expected to end.

b. The subsequent summons is not effective if a summons

or lien on the same cause of action is pending at the

time of service unless the subsequent summons in the

same cause of action is served after the one-hundred-

fiftieth day of the previous garnishment lien.

I. 1. When a postjudgment wage garnishment under Section 1173

of this title or a continuing earnings garnishment under this

section is issued against a defendant already subject to an income

assignment for child support, the garnishee shall determine the

maximum percentage of the defendant's disposable earnings according

Oklahoma Statutes - Title 12. Civil Procedure Page 249

to the provisions of Section 1171.2 of this title and then deduct

from that percentage the actual percentage of the defendant's

disposable earnings actually withheld under the income assignment.

The resulting percentage shall be the amount to be withheld by the

garnishee, not to exceed twenty-five percent (25%).

2. For any involuntary legal or equitable procedures through

which the earnings of any individual are required to be withheld for

the payment of any debt which has statutory priority over this

section, the amount withheld pursuant to a garnishment under this

section shall be reduced by the actual sums withheld pursuant to

such other involuntary process.

J. A continuing earnings garnishment may be suspended or

modified for a specific period of time within the effective period

of the garnishment by the judgment creditor upon agreement with the

judgment debtor, which agreement shall be in writing and filed by

the judgment creditor with the clerk of the court in which the

judgment was entered, and a copy of which shall be mailed by first-

class mail, postage prepaid by the judgment creditor to the

garnishee.

K. Any garnishment issued against a debtor already subject to a

continuing or noncontinuing earnings garnishment shall take effect

immediately upon the conclusion of the prior garnishment, and shall

be effective for its full one-hundred-eighty-day period of time or

as otherwise provided in subsection G of this section.
Okla. Stat. tit. 12A, § 12A-1-9-322 — OK Code / Title 12A / Section 12A-1-9-322
Priorities among conflicting security interests in
Status: in_force

and agricultural liens on same collateral.

PRIORITIES AMONG CONFLICTING SECURITY INTERESTS

IN AND AGRICULTURAL LIENS ON SAME COLLATERAL

(a) Except as otherwise provided in this section, priority

among conflicting security interests and agricultural liens in the

same collateral is determined according to the following rules:

(1) Conflicting perfected security interests and agricultural

liens rank according to priority in time of filing or perfection.

Priority dates from the earlier of the time a filing covering the

collateral is first made or the security interest or agricultural

lien is first perfected, if there is no period thereafter when there

is neither filing nor perfection;

(2) A perfected security interest or agricultural lien has

priority over a conflicting unperfected security interest or

agricultural lien; and

(3) The first security interest or agricultural lien to attach

or become effective has priority if conflicting security interests

and agricultural liens are unperfected.

(b) For the purposes of paragraph (1) of subsection (a) of this

section:

(1) The time of filing or perfection as to a security interest

in collateral is also the time of filing or perfection as to a

security interest in proceeds; and

(2) The time of filing or perfection as to a security interest

in collateral supported by a supporting obligation is also the time

of filing or perfection as to a security interest in the supporting

obligation.

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

section, a security interest in collateral which qualifies for

priority over a conflicting security interest under Sections 1-9-

327, 1-9-328, 1-9-329, 1-9-330, or 1-9-331 of this title also has

priority over a conflicting security interest in:

(1) Any supporting obligation for the collateral; and

(2) Proceeds of the collateral if:

(A) the security interest in proceeds is perfected;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 82

(B) the proceeds are cash proceeds or of the same type as

the collateral; and

(C) in the case of proceeds that are proceeds of proceeds,

all intervening proceeds are cash proceeds, proceeds

of the same type as the collateral, or an account

relating to the collateral.

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

otherwise provided in subsection (f) of this section, if a security

interest in chattel paper, deposit accounts, negotiable documents,

instruments, investment property, or letter-of-credit rights is

perfected by a method other than filing, conflicting perfected

security interests in proceeds of the collateral rank according to

priority in time of filing.

(e) Subsection (d) of this section applies only if the proceeds

of the collateral are not cash proceeds, chattel paper, negotiable

documents, instruments, investment property, or letter-of-credit

rights.

(f) Subsections (a) through (e) of this section are subject to:

(1) subsection (g) of this section and the other provisions of

this part;

(2) Section 4-210 of this title with respect to a security

interest of a collecting bank;

(3) Section 5-118 of this title with respect to a security

interest of an issuer or nominated person; and

(4) Section 1-9-110 of this title with respect to a security

interest arising under Article 2 or 2A of this title.

(g) A perfected agricultural lien on collateral has priority

over a conflicting security interest in or agricultural lien on the

same collateral if the statute creating the agricultural lien so

provides.
Okla. Stat. tit. 12, § 12-940 — OK Code / Title 12 / Section 12-940
Negligent or willful injury to property - Attorney's fees and costs - Offer and acceptance of
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 14and costs - Offer and acceptance of judgment.

Oklahoma Statutes - Title 12. Civil Procedure Page 177

A. In any civil action to recover damages for the negligent or

willful injury to property and any other incidental costs related to

such action, the prevailing party shall be allowed reasonable

attorney's fees, court costs and interest to be set by the court and

to be taxed and collected as other costs of the action.

B. Provided that, the defendant in such action may, not less

than ten (10) days after being served with summons, serve upon the

plaintiff or his attorney a written offer to allow judgment to be

taken against him. If the plaintiff accepts the offer and gives

notice thereof to the defendant or his attorney, within five (5)

days after the offer was served, the offer, and an affidavit that

the notice of acceptance was delivered within the time limited, may

be filed by the plaintiff, or the defendant, verified by affidavit.

The offer and acceptance shall be noted in the journal, and judgment

shall be rendered accordingly. If the notice of acceptance is not

given in the period limited, the offer shall be deemed withdrawn,

and shall not be given in evidence or mentioned at the trial. If

upon the action being adjudicated the judgment rendered is for the

defendant or for the plaintiff and is for a lesser amount than the

defendant's offer, then the plaintiff shall not be entitled to

recover attorney's fees, court costs and interest. If the judgment

rendered is for the plaintiff, and is for the same amount as the

defendant's offer, then the plaintiff and defendant shall incur

their own attorney's fees, court costs and interest. And if the

judgment rendered is for the plaintiff, and is for a larger amount

than the defendant's offer, then the plaintiff shall be entitled to

recover attorney's fees, court costs and interest.
Okla. Stat. tit. 12A, § 12A-3-310 — OK Code / Title 12A / Section 12A-3-310
Effect of Instrument on Obligation for Which Taken
Status: in_force

EFFECT OF INSTRUMENT ON OBLIGATION FOR WHICH TAKEN

(a) Unless otherwise agreed, if a certified check, cashier's

check, or teller's check is taken for an obligation, the obligation

is discharged to the same extent discharge would result if an amount

of money equal to the amount of the instrument were taken in payment

of the obligation. Discharge of the obligation does not affect any

liability that the obligor may have as an indorser of the

instrument.

(b) Unless otherwise agreed and except as provided in

subsection (a) of this section, if a note or an uncertified check is

taken for an obligation, the obligation is suspended to the same

extent the obligation would be discharged if an amount of money

equal to the amount of the instrument were taken, and the following

rules apply:

(1) In the case of an uncertified check, suspension of the

obligation continues until dishonor of the check or

until it is paid or certified. Payment or

certification of the check results in discharge of the

obligation to the extent of the amount of the check;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 303

(2) In the case of a note, suspension of the obligation

continues until dishonor of the note or until it is

paid. Payment of the note results in discharge of the

obligation to the extent of the payment;

(3) Except as provided in paragraph (4) of this

subsection, if the check or note is dishonored and the

obligee of the obligation for which the instrument was

taken is the person entitled to enforce the

instrument, the obligee may enforce either the

instrument or the obligation. In the case of an

instrument of a third person which is negotiated to

the obligee by the obligor, discharge of the obligor

on the instrument also discharges the obligation; and

(4) If the person entitled to enforce the instrument taken

for an obligation is a person other than the obligee,

the obligee may not enforce the obligation to the

extent the obligation is suspended. If the obligee is

the person entitled to enforce the instrument but no

longer has possession of it because it was lost,

stolen, or destroyed, the obligation may not be

enforced to the extent of the amount payable on the

instrument, and to that extent the obligee's rights

against the obligor are limited to enforcement of the

instrument.

(c) If an instrument other than one described in subsection (a)

or (b) of this section is taken for an obligation, the effect is (i)

that stated in subsection (a) of this section if the instrument is

one on which a bank is liable as maker or acceptor, or (ii) that

stated in subsection (b) of this section in any other case.
Okla. Stat. tit. 12, § 12-1600.20c — OK Code / Title 12 / Section 12-1600.20c
Renumbered as § 323 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12, § 12-1862 — OK Code / Title 12 / Section 12-1862
Agreement to method
Status: in_force

A. If the parties to an agreement to arbitrate agree on a

method for appointing an arbitrator, that method must be followed,

unless the method fails. If the parties have not agreed on a

method, the agreed method fails, or an arbitrator appointed fails or

is unable to act and a successor has not been appointed, the court,

on motion of a party to the arbitration proceeding, shall appoint

the arbitrator. An arbitrator so appointed has all the powers of an

arbitrator designated in the agreement to arbitrate or appointed

pursuant to the agreed method.

B. An individual who has a known, direct, and material interest

in the outcome of the arbitration proceeding or a known, existing,

and substantial relationship with a party shall not serve as an

arbitrator required by an agreement to be neutral.
Okla. Stat. tit. 12A, § 12A-3-306 — OK Code / Title 12A / Section 12A-3-306
Claims to an Instrument
Status: in_force

CLAIMS TO AN INSTRUMENT

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 300

A person taking an instrument, other than a person having rights

of a holder in due course, is subject to a claim of a property or

possessory right in the instrument or its proceeds, including a

claim to rescind a negotiation and to recover the instrument or its

proceeds. A person having rights of a holder in due course takes

free of the claim to the instrument.
Okla. Stat. tit. 12, § 12-1810 — OK Code / Title 12 / Section 12-1810
Allocation of funds
Status: in_force

A. Monies in the Dispute Resolution System Revolving Fund shall

be allocated by the Director to eligible centers for dispute

resolution programs authorized pursuant to the provisions of this

act.

B. 1. The Director shall determine the eligibility of a center

for funding on the basis of an application submitted by the center.

2. The application for funding shall state:

a. a description of the proposed community area of

service;

b. the cost of the principal components of operation;

c. a description of available dispute resolution services

and facilities within the defined geographic area;

d. a description of the applicant's proposed program, by

category and purpose, including evidence of community

support, the present availability of resources, and

the applicant's administrative capacity;

e. a description of the efforts of cooperation between

the applicant and the local human service and criminal

justice agencies in dealing with program operations;

and

f. such additional information as may be required by the

Director.

C. The provisions of this section shall not be construed to

prohibit dispute resolution centers in existence prior to the

effective date of this act from submitting an application for

funding as provided for in subsection B of this section.

D. A center shall not be eligible for funds for dispute

resolution programs unless it complies with the provisions of the

Dispute Resolution Act, the provisions of this act, and the rules

and regulations promulgated by the Director.

E. Each center funded pursuant to the provisions of this

section, annually, shall provide the Director with a written report

containing statistical data regarding operational expenses, the

number of referrals, the category or types of cases referred, the

number of parties serviced, the number of disputes resolved, the

nature of resolution, amount and types of awards, the rate of

compliance, and such other data as may be required by the Director.
Okla. Stat. tit. 12, § 12-1036 — OK Code / Title 12 / Section 12-1036
Suspending proceedings - Bond
Status: in_force

The party seeking to vacate or modify a judgment or order, may

obtain an order suspending proceedings on the whole or part thereof;

which order may be granted by the court, or any judge thereof, upon

its being rendered probable, by affidavit, or by exhibition of the

record, that the party is entitled to have such judgment or order

vacated or modified. On the granting of any such order, the court,

or judge, may require the party obtaining any such order to enter

into an undertaking to the adverse party to pay all damages that may

be caused by granting of the same.

R.L. 1910, § 5272.
Okla. Stat. tit. 12, § 12-939 — OK Code / Title 12 / Section 12-939
Attorney fees taxed as costs in actions for breach of an
Status: in_force

express warranty.

In any civil action brought to recover damages for breach of an

express warranty or to enforce the terms of an express warranty made

under Section 2-313 of Title 12A of the Oklahoma Statutes, against

the seller, retailer, manufacturer, manufacturer's representative or

distributor, the prevailing party shall be allowed a reasonable

attorney fee to be set by the court, which shall be taxed and

collected as costs.
Okla. Stat. tit. 12A, § 12A-2-317 — OK Code / Title 12A / Section 12A-2-317
Cumulation and Conflict of Warranties Express or
Status: in_force

Implied.

Warranties whether express or implied shall be construed as

consistent with each other and as cumulative, but if such

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 200

construction is unreasonable the intention of the parties shall

determine which warranty is dominant. In ascertaining that

intention the following rules apply:

(a) Exact or technical specifications displace an

inconsistent sample or model or general language of description.

(b) A sample from an existing bulk displaces inconsistent

general language of description.

(c) Express warranties displace inconsistent implied

warranties other than an implied warranty of fitness for a

particular purpose.
Okla. Stat. tit. 12, § 12-551 — OK Code / Title 12 / Section 12-551
Trial defined
Status: in_force

A trial is a judicial examination of the issues, whether of law

or fact, in an action.

R.L. 1910, § 4988.
Okla. Stat. tit. 12A, § 12A-2A-519 — OK Code / Title 12A / Section 12A-2A-519
Lessee's damages for nondelivery, repudiation, default
Status: in_force

and breach of warranty in regard to accepted goods.

LESSEE'S DAMAGES FOR NONDELIVERY,

REPUDIATION, DEFAULT AND BREACH OF

WARRANTY IN REGARD TO ACCEPTED GOODS

(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 lessee elects not to cover or a lessee elects to cover

and the cover is by lease agreement that for any reason does not

qualify for treatment under subsection (2) of Section 2A-518 of this

title, or is by purchase or otherwise, the measure of damages for

nondelivery or repudiation by the lessor or for rejection or

revocation of acceptance by the lessee is the present value, as of

the date of the default, of the then market rent minus the present

value as of the same date of the original rent, computed for the

remaining lease term of the original lease agreement, together with

incidental and consequential damages, less expenses saved in

consequence of the lessor's default.

(2) Market rent 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.

(3) Except as otherwise agreed, if the lessee has accepted

goods and given notification (subsection (3) of Section 2A-516 of

this title), the measure of damages for nonconforming tender or

delivery or other default by a lessor is the loss resulting in the

ordinary course of events from the lessor's default as determined in

any manner that is reasonable together with incidental and

consequential damages, less expenses saved in consequence of the

lessor's default.

(4) Except as otherwise agreed, the measure of damages for

breach of warranty is the present value at the time and place of

acceptance of the difference between the value of the use of the

goods accepted and the value if they had been as warranted for the

lease term, unless special circumstances show proximate damages of a

different amount, together with incidental and consequential

damages, less expenses saved in consequence of the lessor's default

or breach of warranty.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 272Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 8

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 9
Okla. Stat. tit. 12A, § 12A-1-9-526.1 — OK Code / Title 12A / Section 12A-1-9-526.1
Procedures for adopting rules
Status: repealed

PROCEDURES FOR ADOPTING RULES

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 133

(a) The county clerk of Oklahoma County shall adopt rules,

pursuant to Section 1-9-526 of this title, for the operation of the

filing office designated in paragraph (2) of subsection (a) of

Section 1-9-501 of this title. Initial rules for the filing office

shall be adopted on or before January 1, 2001. These rules may be

amended or repealed and additional rules may be adopted at any time

in the same manner as initial rules.

(b) The county clerk of Oklahoma County, or a designee, shall

conduct a meeting which complies with the Oklahoma Open Meeting Act

at which public comment regarding the proposed rules may be given

and received orally or in writing.

(c) In addition to any notice required by the Oklahoma Open

Meeting Act, notice shall be given of the proposed rulemaking which

shall:

(1) Be published in at least two newspapers in this state and

in other periodicals and on Internet sites as the county clerk deems

appropriate, at least thirty (30) and no more than sixty (60) days

prior to the meeting at which public comment is invited on the

proposed rules;

(2) Be sent to any person who requests notice of proposed

rulemaking under this section; and

(3) Include the following:

(A) the date, time, and place of the meeting or meetings

at which public comment is invited on the proposed

rules,

(B) the address, telephone number, and Internet address,

if any, for the office to which comments regarding the

rules may be made or a request for a copy of the

proposed rules may be directed,

(C) the deadline for making comments, and

(D) the reason for the proposed rule, repeal, or

amendment, and a brief summary of the proposed rule,

repeal, or amendment, including citations to the

rules.

(d) At the request of any person, the county clerk of Oklahoma

County shall provide copies of proposed rules and rules adopted

pursuant to this section.

(1) One copy of each proposed rule, repeal, or amendment shall

be provided free of charge. Additional copies shall be made

available upon payment of a fee which shall not exceed twenty-five

cents ($0.25) per page plus the cost of mailing, if any.

(2) Copies of rules adopted pursuant to this section shall be

made available either:

(A) upon payment of a fee which shall not exceed twenty-

five cents ($0.25) per page plus the cost of mailing,

if any, or

(B) pursuant to subsection (f) of this section, or

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 134

(C) a combination of subparagraphs (A) and (B) of this

paragraph.

(e) Proposed rules and rules adopted pursuant to this section

may also be published on one or more Internet sites designated by

the county clerk.

(f) The county clerk of Oklahoma County shall, no less than

annually, compile and publish all rules adopted pursuant to this

section which have been adopted and are effective or have been

adopted and will become effective during the year after publication.

Copies of this compilation shall be made available upon payment of a

fee which shall not exceed Five Dollars ($5.00) plus the cost of

mailing, if any.

(g) The county clerk of Oklahoma County may agree with the

Office of Administrative Rules in the Office of the Secretary of

State to publish the rules with the Oklahoma Administrative Code.

An agreement made pursuant to this subsection shall not require

compliance with the Administrative Procedures Act.
Okla. Stat. tit. 12, § 12-2512 — OK Code / Title 12 / Section 12-2512
Privileged matter disclosed under compulsion or without
Status: in_force

opportunity to claim privilege.

A claim of privilege is not defeated by a disclosure which was:

1. Compelled erroneously; or

2. Made without opportunity to claim the privilege.
Okla. Stat. tit. 12, § 12-1288 — OK Code / Title 12 / Section 12-1288
Renumbered as § 133 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-1180 — OK Code / Title 12 / Section 12-1180
Persons authorized to make answer
Status: in_force

The answer of a corporation summoned as a garnishee may be made

by any officer or attorney thereof; and of any other garnishee may

be made by any agent or attorney of the garnishee.

R.L. 1910, § 4830. Amended by Laws 1965, c. 297, § 10; Laws 1968,

c. 259, § 1, emerg. eff. April 29, 1968; Laws 1995, c. 338, § 13,

eff. Nov. 1, 1995.
Okla. Stat. tit. 12A, § 12A-1-9-325 — OK Code / Title 12A / Section 12A-1-9-325
Priority of security interests in transferred
Status: in_force

collateral.

PRIORITY OF SECURITY INTERESTS IN TRANSFERRED COLLATERAL

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

section, a security interest created by a debtor is subordinate to a

security interest in the same collateral created by another person

if:

(1) the debtor acquired the collateral subject to the security

interest created by the other person;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 86

(2) the security interest created by the other person was

perfected when the debtor acquired the collateral; and

(3) there is no period thereafter when the security interest is

unperfected.

(b) Subsection (a) of this section subordinates a security

interest only if the security interest:

(1) otherwise would have priority solely under subsection (a)

of Section 1-9-322 or Section 1-9-324 of this title; or

(2) arose solely under paragraph (3) of Section 2-711 or

paragraph (5) of Section 2A-508 of this title.
Okla. Stat. tit. 12, § 12-3011 — OK Code / Title 12 / Section 12-3011
Admissible evidence - Exercise of free speech or display
Status: in_force

of religious beliefs.

Evidence requested for admission as substantive evidence of

assemblage in the exercise of free speech or display of religious

beliefs that is not connected to the direct conduct of planning,

conspiring, or committing an act of violence as prescribed by law is

not admissible.
Okla. Stat. tit. 12, § 12-2013 — OK Code / Title 12 / Section 12-2013
Counterclaim and cross-claim
Status: in_force

COUNTERCLAIM AND CROSS-CLAIM

A. COMPULSORY COUNTERCLAIMS. A pleading shall state as a

counterclaim any claim which at the time of serving the pleading the

pleader has against any opposing party, if it arises out of the

transaction or occurrence that is the subject matter of the opposing

party's claim and does not require for its adjudication the presence

of third parties of whom the court cannot acquire jurisdiction. But

the pleader need not state the claim if:

1. At the time the action was commenced the claim was the

subject of another pending action; or

2. The opposing party brought suit upon his claim by attachment

or other process by which the court did not acquire jurisdiction to

render a personal judgment on that claim, and the pleader is not

stating any counterclaim pursuant to this section.

B. PERMISSIVE COUNTERCLAIMS; CONTINGENT COUNTERCLAIMS.

1. A pleading may state as a counterclaim any claim against an

opposing party not arising out of the transaction or occurrence that

is the subject matter of the opposing party's claim.

2. A pleading may state as a counterclaim against an opposing

party a contingent claim that the opposing party may be liable to

the counterclaimant for all or part of a claim asserted in the

action against the counterclaimant.

Oklahoma Statutes - Title 12. Civil Procedure Page 411

C. COUNTERCLAIM EXCEEDING OPPOSING CLAIMS; STATUTES OF

LIMITATION. A counterclaim may or may not diminish or defeat the

recovery sought by the opposing party. It may claim relief

exceeding in amount or different in kind from that sought in the

pleading of the opposing party. Where a counterclaim and the claim

of the opposing party arise out of the same transaction or

occurrence, the counterclaim shall not be barred by a statute of

limitation notwithstanding that it was barred at the time the

petition was filed, and the counterclaimant shall not be precluded

from recovering an affirmative judgment. Where a counterclaim and

the claim of the opposing party:

1. Do not arise out of the same transaction or occurrence;

2. Both claims are for money judgments;

3. Both claims had accrued before either was barred by a

statute of limitation; and

4. The counterclaim is barred by a statute of limitation at the

time that it is asserted, whether in an answer or an amended answer,

the counterclaim may be asserted only to reduce the opposing party's

claim.

Where a counterclaim was barred by a statute of limitation

before the claim of the opposing party arose, the barred

counterclaim cannot be used for any purpose.

D. COUNTERCLAIMS AGAINST ASSIGNED CLAIMS. A party, other than

a holder in due course, who acquires a claim by assignment or

otherwise, takes the claim subject to any defenses or counterclaims

that could have been asserted against the person from whom he

acquired the claim, but the recovery on a counterclaim may be

asserted only to reduce the recovery of the opposing party.

E. CLAIM MATURING OR ACQUIRED AFTER PLEADING. A claim which

either matured or was acquired by the pleader after serving his

pleading may, with the permission of the court, be presented as a

counterclaim or a cross-claim by supplemental pleading.

F. OMITTED COUNTERCLAIM. When a pleader fails to set up an

omitted counterclaim by amendment within twenty (20) days after

service as authorized by subsection A of Section 2015 of this title,

he may with leave of court or by written consent of the adverse

party set up the counterclaim by amendment where the failure to

assert it was due to oversight, inadvertence, excusable neglect, or

where justice requires.

G. CROSS-CLAIMS. A pleading may state as a cross-claim any

claim by one party against any party who is not an opposing party

arising out of the transaction or occurrence that is the subject

matter either of the original action or of a claim therein or

relating to any property that is the subject matter of the original

action. A cross-claim may assert a claim that the party against

whom it is asserted is or may be liable to the cross-claimant for

Oklahoma Statutes - Title 12. Civil Procedure Page 412

all or part of a claim asserted in the action against the cross-

claimant.

H. JOINDER OF ADDITIONAL PARTIES. Persons other than those

made parties to the original action may be made parties to a

counterclaim or cross-claim in accordance with the provisions of

Sections 2019 and 2020 of this title.

I. SEPARATE TRIALS; SEPARATE JUDGMENTS. A court may order

separate trials of a counterclaim or a cross-claim. A counterclaim

or a cross-claim may proceed to trial and judgment thereon may be

rendered even if the claim of the opposing party has been dismissed

or otherwise disposed of.
Okla. Stat. tit. 12, § 12-1600.36 — OK Code / Title 12 / Section 12-1600.36
Renumbered as § 342 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.

Oklahoma Statutes - Title 12. Civil Procedure Page 322
Okla. Stat. tit. 12, § 12-2411.1 — OK Code / Title 12 / Section 12-2411.1
Short title - Act Concerning Interpretation of Oklahoma
Status: in_force

Insurance Laws.

A. This act shall be known and may be cited as the "Act

Concerning Interpretation of Oklahoma Insurance Laws".

B. A statement or restatement of the law of insurance in any

legal treatise, scholarly publication, textbook or other explanatory

text shall not constitute the law or public policy of this state and

shall not be authoritative if the statement of the law purports to

create, eliminate, expand or restrict a cause of action, right or

remedy, or if it conflicts with:

1. The Constitution of the United States or the Constitution of

the State of Oklahoma;

2. A statute of this state;

3. Case law precedent of this state;

4. Other common law adopted by this state; or

5. Creates or eliminates any cause of action or legal remedy.
Okla. Stat. tit. 12, § 12-1343 — OK Code / Title 12 / Section 12-1343
Procedure when person committed for want of bail -
Status: in_force

Defects in charge or process - Want of probable cause.

No person shall be discharged from an order of commitment issued

by any judicial or peace officer for want of bail, or in cases not

bailable, on account of any defect in the charge or process, or for

alleged want of probable cause; but in all such cases, the court or

judge shall summon the prosecuting witnesses, investigate the

criminal charge, and discharge, let to bail or recommit the

prisoner, as may be just and legal, and recognize witnesses when

proper.

R.L. 1910, § 4894.
Okla. Stat. tit. 12, § 12-2005 — OK Code / Title 12 / Section 12-2005
Service and filing of pleadings and other papers
Status: in_force

SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS

A. SERVICE: WHEN REQUIRED. Except as otherwise provided in

this title, every order required by its terms to be served, every

pleading subsequent to the original petition unless the court

otherwise orders because of numerous defendants, every paper

relating to discovery required to be served upon a party or any

Oklahoma Statutes - Title 12. Civil Procedure Page 394

other person unless the court otherwise orders, every written motion

other than one which may be heard ex parte, and every written

notice, appearance, demand, offer of judgment, and similar paper

shall be served upon each of the parties. No service need be made

on parties in default for failure to appear except that:

1. Pleadings asserting new or additional claims for relief

against them shall be served upon them in the manner provided for

service of summons in Section 2004 of this title; and

2. Service of judgments, decrees or appealable orders against

them shall be made in accordance with subsection B of Section 696.2

of this title.

B. SERVICE: HOW MADE. Whenever pursuant to this act service is

required or permitted to be made upon a party represented by an

attorney the service shall be made upon the attorney unless service

directly upon the party is ordered by the court or final judgment

has been rendered and the time for appeal has expired. Service upon

the attorney or upon a party shall be made by delivering a copy to

the attorney or the party or by mailing it or sending it by third-

party commercial carrier for delivery within three (3) calendar days

to the attorney or the party at the last-known address of the

attorney or the party or by electronic means if the attorney or

party consents in writing to receiving service in a particular case

by electronic means and the attorney or party provides instructions

for making the electronic service consented to by the attorney or

party. The required written consent and electronic service

instructions may be made in the entry of appearance filed by the

attorney or the party pursuant to subsection A of Section 2005.2 of

this title or may be made in another pleading filed by the attorney

or party in the case. For purposes of this subsection, “electronic

means” includes communications by facsimile or electronic mail

through the internet, commonly known as e-mail. If no mailing

address, physical address or electronic means address for the

attorney or party is known, service is effected by leaving it with

the clerk of the court. Delivery of a copy within this section

means:

1. Handing it to the attorney or to the party; or

2. Leaving it at the office of the attorney or the party with

the attorney’s or party’s clerk or other person in charge thereof;

or

3. If there is no one in charge, leaving it in a conspicuous

place therein; or

4. If the office is closed or the person to be served has no

office, leaving it at his or her dwelling house or usual place of

abode with some person residing therein who is fifteen (15) years of

age or older.

Except for service of the summons and the original petition, service

by mail is complete upon mailing, service by commercial carrier is

Oklahoma Statutes - Title 12. Civil Procedure Page 395

complete upon delivery to the commercial carrier, and service by

electronic means is complete upon transmission, unless the party

making service is notified that the copy or paper served was not

received by the party served. If the court clerk or a party is

required to serve a judgment or other paper by first-class mail,

service in accordance with any method permitted by this section is

sufficient to comply with such requirement.

C. SERVICE: NUMEROUS DEFENDANTS. In any action in which there

are unusually large numbers of defendants, the court, upon motion or

of its own initiative, may order that service of the pleadings of

the defendants and replies thereto need not be made as between the

defendants and that any cross-claim, counterclaim, or matter

constituting an avoidance or affirmative defense contained therein

shall be deemed to be denied or avoided by all other parties and

that the filing of any such pleading and service thereof upon the

plaintiff constitutes due notice of it to the parties. A copy of

every such order shall be served upon the parties in such manner and

form as the court directs.

D. FILING. All papers after the petition required to be served

upon a party shall be filed with the court either before service or

within a reasonable time thereafter, but the court may on motion of

a party or on its own initiative order that depositions upon oral

examination and interrogatories, requests for documents, requests

for admission, and answers and responses thereto not be filed unless

on order of the court or for use in the proceeding. All papers

filed with the court shall include a statement setting forth the

names of the persons served and the date, place, and method of

service.

E. FILING WITH THE COURT DEFINED.

1. The filing of papers with the court as required by this act

shall be made by filing them with the clerk of the court, except

that the judge may permit the papers to be filed with him or her, in

which event he or she shall note thereon the filing date and

forthwith transmit them to the office of the clerk.

2. A duplicate of any paper shall be acceptable for filing with

the court and shall have the same force and effect as an original.

For purposes of this section a duplicate is a copy produced on

unglazed white or eggshell paper by mechanical, chemical or

electronic means, or by other equivalent technique, which accurately

reproduces the original. A duplicate that is acceptable for filing

shall not be refused because any signatures thereon are duplicates.

A carbon copy shall not be considered a duplicate for purposes of

this section.

3. Papers may be filed by facsimile or other electronic

transmission directly to the court or the court clerk as permitted

by a rule of court. The Administrative Office of the Courts shall

promulgate rules for the district court for the filing of papers

Oklahoma Statutes - Title 12. Civil Procedure Page 396

transmitted by facsimile or other electronic transmission device.

Rules for facsimile or other electronic transmission filing must

have the approval of the Supreme Court.

4. The clerk shall not refuse to accept for filing any paper

solely because it is not presented in proper form as required by

these rules or any local rules or practices.
Okla. Stat. tit. 12A, § 12A-2-722 — OK Code / Title 12A / Section 12A-2-722
Who Can Sue Third Parties for Injury to Goods
Status: in_force

Where a third party so deals with goods which have been

identified to a contract for sale as to cause actionable injury to a

party to that contract

(a) a right of action against the third party is in either

party to the contract for sale who has title to or a security

interest or a special property or an insurable interest in the

goods; and if the goods have been destroyed or converted a right of

action is also in the party who either bore the risk of loss under

the contract for sale or has since the injury assumed that risk as

against the other;

(b) if at the time of the injury the party plaintiff did

not bear the risk of loss as against the other party to the contract

for sale and there is no arrangement between them for disposition of

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 230

the recovery, his suit or settlement is, subject to his own

interest, as a fiduciary for the other party to the contract;

(c) either party may with the consent of the other sue for

the benefit of whom it may concern.
Okla. Stat. tit. 12, § 12-2011.1 — OK Code / Title 12 / Section 12-2011.1
Finding of frivolous claim - Actions not arising out of
Status: in_force

contract - Award of costs and attorney fees.

In any action not arising out of contract, the court may, upon

ruling on a motion to dismiss an action or a motion for summary

judgment or subsequent to adjudication on the merits, determine

whether a claim or defense asserted in the action by a nonprevailing

party was frivolous or proven knowingly false. As used in this

section, "frivolous" means the claim or defense was knowingly

Oklahoma Statutes - Title 12. Civil Procedure Page 407

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. As used in this section, "knowingly false" means the

claim or defense was knowingly asserted with the intent to deceive

which shall be proven by clear and convincing evidence. Upon so

finding, the court shall enter an order requiring such nonprevailing

party to reimburse the prevailing party for reasonable costs,

including attorney fees, incurred with respect to such claim or

defense. In addition, the court may impose any sanction authorized

by Section 2011 of this title.Oklahoma Statutes - Title 12. Civil Procedure Page 27
Okla. Stat. tit. 12, § 12-1284 — OK Code / Title 12 / Section 12-1284
Renumbered as § 129 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-53 — OK Code / Title 12 / Section 12-53
Sheriff to endorse time of receipt on process
Status: in_force

The sheriff shall endorse upon every summons, order of arrest,

or for the delivery of property or of attachment or injunction, the

day and hour it was received by him.

R.L. 1910, § 5336.
Okla. Stat. tit. 12, § 12-1576 — OK Code / Title 12 / Section 12-1576
Execution of order
Status: in_force

The sheriff shall execute the order by taking the property

therein mentioned. He shall also deliver a copy of the order to the

person charged with the unlawful detainer of the property, or leave

such copy at his usual place of residence.

R.L. 1910, § 4803.
Okla. Stat. tit. 12A, § 12A-1-9-807 — OK Code / Title 12A / Section 12A-1-9-807
Amendment of pre-effective-date financing statement
Status: in_force

AMENDMENT OF PRE-EFFECTIVE-DATE FINANCING STATEMENT

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

means a financing statement filed before this act takes effect.

(b) After this act takes effect on November 1, 2015, a person

may add or delete collateral covered by, continue or terminate the

effectiveness of, or otherwise amend the information provided in, a

pre-effective-date financing statement only in accordance with the

law of the jurisdiction governing perfection as provided in Article

9 of the Uniform Commercial Code as amended by this act. However,

the effectiveness of a pre-effective-date financing statement also

may be terminated in accordance with the law of the jurisdiction in

which the financing statement is filed.

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

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

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

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

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

are filed in the office specified in Section 1-9-501 of Title 12A of

the Oklahoma Statutes;

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

9-501 of Title 12A of the Oklahoma Statutes concurrently with, or

after the filing in that office of, an initial financing statement

that satisfies subsection (c) of Section 22 of this act; or

(3) an initial financing statement that provides the

information as amended and satisfies subsection (c) of Section 22 of

this act is filed in the office specified in Section 1-9-501 of

Title 12A of the Oklahoma Statutes.

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

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

statement may be continued only under subsection (c) of Section 21

of this act or subsection (c) of Section 22 of this act or this

section.

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

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

financing statement filed in this state may be terminated after this

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

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

initial financing statement that satisfies subsection (c) of Section

23 of this act has been filed in the office specified by the law of

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 171

the jurisdiction governing perfection as provided in Article 9 of

the Uniform Commercial Code as amended by this act as the office in

which to file a financing statement.
Okla. Stat. tit. 12A, § 12A-3-603 — OK Code / Title 12A / Section 12A-3-603
Tender of Payment
Status: in_force

TENDER OF PAYMENT

(a) If tender of payment of an obligation to pay an instrument

is made to a person entitled to enforce the instrument, the effect

of tender is governed by principles of law applicable to tender of

payment under a simple contract.

(b) If tender of payment of an obligation to pay an instrument

is made to a person entitled to enforce the instrument and the

tender is refused, there is discharge, to the extent of the amount

of the tender, of the obligation of an indorser or accommodation

party having a right of recourse with respect to the obligation to

which the tender relates.

(c) If tender of payment of an amount due on an instrument is

made to a person entitled to enforce the instrument, the obligation

of the obligor to pay interest after the due date on the amount

tendered is discharged. If presentment is required with respect to

an instrument and the obligor is able and ready to pay on the due

date at every place of payment stated in the instrument, the obligor

is deemed to have made tender of payment on the due date to the

person entitled to enforce the instrument.
Okla. Stat. tit. 12A, § 12A-7-504 — OK Code / Title 12A / Section 12A-7-504
Rights acquired in absence of due negotiation - Effect of diversion - Stoppage of
Status: in_force

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 13of diversion - Stoppage of delivery.

Rights Acquired in Absence of Due Negotiation; Effect of

Diversion; Stoppage of Delivery.

(a) A transferee of a document of title, whether negotiable or

nonnegotiable, to which the document has been delivered but not duly

negotiated, acquires the title and rights that its transferor had or

had actual authority to convey.

(b) In the case of a nonnegotiable document of title, until but

not after the bailee receives notification of the transfer, the

rights of the transferee may be defeated:

(1) by those creditors of the transferor who could treat the

sale as void under Section 2-402 or 2A-308 of this title;

(2) by a buyer from the transferor in ordinary course of

business if the bailee has delivered the goods to the buyer or

received notification of buyer’s rights;

(3) by a lessee from the transferor in ordinary course of

business if the bailee has delivered the goods to the lessee or

received notification of the lessee’s rights; or

(4) as against the bailee, by good faith dealings of the bailee

with the transferor.

(c) A diversion or other change of shipping instructions by the

consignor in a nonnegotiable bill of lading which causes the bailee

not to deliver to the consignee defeats the consignee's title to the

goods if the goods have been delivered to a buyer in ordinary course

of business or a lessee in ordinary course of business and, in any

event, defeats the consignee's rights against the bailee.

(d) Delivery pursuant to a nonnegotiable document of title may

be stopped by a seller under Section 2-705 of this title or a lessor

under Section 2A-526 of this title, subject to the requirement of

due notification in those sections. A bailee that honors the

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 417

seller's or lessor’s instructions is entitled to be indemnified by

the seller or lessor against any resulting loss or expense.
Okla. Stat. tit. 12, § 12-1184 — OK Code / Title 12 / Section 12-1184
Disclaimer by garnishee - Interpleading interested party
Status: in_force

When the answer of the garnishee shall disclose that any other

person than the defendant claims the indebtedness or property in his

hands, and the name and residence of such claimant, the court may,

on motion, order that such claimant be interpleaded, as a defendant

to the garnishee action; and that notice thereof, setting forth the

facts, with a copy of such order, in such form as the court shall

direct, be served upon him; and that after such service shall have

been made, the garnishee may pay or deliver to the officer or the

clerk such indebtedness or property, and have a receipt therefor,

which shall be a complete discharge from all liability to any party

for the amount paid or property so delivered. Such notice shall be

served in the manner required for service of a summons in a civil

action, and may be made without the state, or by publication

thereof, if the order shall so direct. Upon such service being

made, such claimant shall be deemed a defendant to the garnishee

action and within ten (10) days shall answer, setting forth his

claim or any defense which the garnishee might have made. In case

of default, judgment may be rendered, which shall conclude any claim

upon the part of such defendant.

R.L. 1910, § 4834. Amended by Laws 1965, c. 297, § 14.
Okla. Stat. tit. 12A, § 12A-4A-202 — OK Code / Title 12A / Section 12A-4A-202
Authorized and verified payment orders
Status: in_force

AUTHORIZED AND VERIFIED PAYMENT ORDERS

(a) A payment order received by the receiving bank is the

authorized order of the person identified as sender if that person

authorized the order or is otherwise bound by it under the law of

agency.

(b) If a bank and its customer have agreed that the

authenticity of payment orders issued to the bank in the name of the

customer as sender will be verified pursuant to a security

procedure, a payment order received by the receiving bank is

effective as the order of the customer, whether or not authorized,

if (i) the security procedure is a commercially reasonable method of

providing security against unauthorized payment orders, and (ii) the

bank proves that it accepted the payment order in good faith and in

compliance with the bank's obligations under the security procedure

and any agreement or instruction of the customer, evidenced by a

record, restricting acceptance of payment orders issued in the name

of the customer. The bank is not required to follow an instruction

that violates an agreement with the customer, evidenced by a record,

or notice of which is not received at a time and in a manner

affording the bank a reasonable opportunity to act on it before the

payment order is accepted.

(c) Commercial reasonableness of a security procedure is a

question of law to be determined by considering the wishes of the

customer expressed to the bank, the circumstances of the customer

known to the bank, including the size, type, and frequency of

payment orders normally issued by the customer to the bank,

alternative security procedures offered to the customer, and

security procedures in general use by customers and receiving banks

similarly situated. A security procedure is deemed to be

commercially reasonable if (i) the security procedure was chosen by

the customer after the bank offered, and the customer refused, a

security procedure that was commercially reasonable for that

customer, and (ii) the customer expressly agreed in a record to be

bound by any payment order, whether or not authorized, issued in its

name and accepted by the bank in compliance with the bank's

obligations under the security procedure chosen by the customer.

(d) The term "sender" in this article includes the customer in

whose name a payment order is issued if the order is the authorized

order of the customer under subsection (a), or it is effective as

the order of the customer under subsection (b).

(e) This section applies to amendments and cancellations of

payment orders to the same extent it applies to payment orders.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 359

(f) Except as provided in this section and in paragraph (1) of

subsection (a) of Section 11 of this act rights and obligations

arising under this section or Section 11 of this act may not be

varied by agreement.
Okla. Stat. tit. 12, § 12-309 — OK Code / Title 12 / Section 12-309
Tenders - How made - Deposit in court
Status: in_force

When a tender of money is alleged in any pleading, it shall not

be necessary to deposit the money in court when the pleading is

filed, but it shall be sufficient if the money is deposited in court

at trial, or when ordered by the court.

R.L. 1910, § 4782.
Okla. Stat. tit. 12, § 12-1354 — OK Code / Title 12 / Section 12-1354
Grant of writ to parents, etc. - Protection of infants
Status: in_force

and insane persons - Proceedings.

Writ of habeas corpus shall be granted in favor of parents,

guardians, masters, husbands and wives; and to enforce the rights

and for the protection of infants and insane persons; and the

proceedings shall, in all such cases, conform to the provisions of

this article.

R.L. 1910, § 4905.
Okla. Stat. tit. 12, § 12-105 — OK Code / Title 12 / Section 12-105
Law governing
Status: in_force

The period of limitation applicable to a claim accruing outside

of this state shall be that prescribed either by the law of the

place where the claim accrued or by the law of this state, whichever

last bars the claim.
Okla. Stat. tit. 12A, § 12A-2-712 — OK Code / Title 12A / Section 12A-2-712
"Cover"; Buyer's Procurement of Substitute Goods
Status: in_force

(1) After a breach within the preceding section the buyer may

"cover" by making in good faith and without unreasonable delay any

reasonable purchase of or contract to purchase goods in substitution

for those due from the seller.

(2) The buyer may recover from the seller as damages the

difference between the cost of cover and the contract price together

with any incidental or consequential damages as hereinafter defined

(Section 2-715), but less expenses saved in consequence of the

seller's breach.

(3) Failure of the buyer to effect cover within this section

does not bar him from any other remedy.
Okla. Stat. tit. 12A, § 12A-2-403 — OK Code / Title 12A / Section 12A-2-403
Power to Transfer; Good Faith Purchase of Goods;
Status: in_force

"Entrusting".

Power to Transfer; Good Faith Purchase of Goods; "Entrusting".

(1) A purchaser of goods acquires all title which his

transferor had or had power to transfer except that a purchaser of a

limited interest acquires rights only to the extent of the interest

purchased. A person with voidable title has power to transfer a

good title to a good faith purchaser for value. When goods have

been delivered under a transaction of purchase the purchaser has

such power even though

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

purchaser, or

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

later dishonored, or

(c) it was agreed that the transaction was to be a "cash

sale", or

(d) the delivery was procured through fraud punishable as

larcenous under the criminal law.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 208

(2) Any entrusting of possession of goods to a merchant who

deals in goods of that kind gives him power to transfer all rights

of the entruster to a buyer in ordinary course of business.

(3) "Entrusting" includes any delivery and any acquiescence in

retention of possession regardless of any condition expressed

between the parties to the delivery or acquiescence and regardless

of whether the procurement of the entrusting or the possessor's

disposition of the goods have been such as to be larcenous under the

criminal law.

(4) The rights of other purchasers of goods and of lien

creditors are governed by the articles on Secured Transactions

(Article 9) and Documents of Title (Article 7).
Okla. Stat. tit. 12, § 12-432 — OK Code / Title 12 / Section 12-432
Where and before whom taken
Status: in_force

An affidavit may be made in and out of this state, before any

person authorized to administer oaths.

R.L. 1910, § 5072. Amended by Laws 1989, c. 230, § 1, eff. Nov. 1,

1989.
Okla. Stat. tit. 12, § 12-1277.2 — OK Code / Title 12 / Section 12-1277.2
Renumbered as § 109.2 of Title 43 by Laws 1994, c. 356,
Status: in_force

§ 35, eff. Sept. 1, 1994.
Okla. Stat. tit. 12, § 12-1281b — OK Code / Title 12 / Section 12-1281b
Renumbered as § 126 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12A, § 12A-2-608 — OK Code / Title 12A / Section 12A-2-608
Revocation of Acceptance in Whole or in Part
Status: in_force

(1) The buyer may revoke his acceptance of a lot or commercial

unit whose nonconformity substantially impairs its value to him if

he has accepted it

(a) on the reasonable assumption that its nonconformity

would be cured and it has not been seasonably cured; or

(b) without discovery of such nonconformity if his

acceptance was reasonably induced either by the difficulty of

discovery before acceptance or by the seller's assurances.

(2) Revocation of acceptance must occur within a reasonable

time after the buyer discovers or should have discovered the ground

for it and before any substantial change in condition of the goods

which is not caused by their own defects. It is not effective until

the buyer notifies the seller of it.

(3) A buyer who so revokes has the same rights and duties with

regard to the goods involved as if he had rejected them.
Okla. Stat. tit. 12A, § 12A-7-704 — OK Code / Title 12A / Section 12A-7-704
Savings clause
Status: repealed

Savings Clause.

A document of title issued or a bailment that arises before

January 1, 2006, and the rights, obligations, and interests flowing

from that document or bailment are governed by any statute or other

rule amended or repealed by this act as if amendment or repeal had

not occurred and may be terminated, completed, consummated, or

enforced under that statute or other rule.
Okla. Stat. tit. 12A, § 12A-8-304 — OK Code / Title 12A / Section 12A-8-304
Indorsement
Status: in_force

Indorsement.

(a) An indorsement may be in blank or special. An indorsement

in blank includes an indorsement to bearer. A special indorsement

specifies to whom a security is to be transferred or who has power

to transfer it. A holder may convert a blank indorsement to a

special indorsement.

(b) An indorsement purporting to be only of part of a security

certificate representing units intended by the issuer to be

separately transferable is effective to the extent of the

indorsement.

(c) An indorsement, whether special or in blank, does not

constitute a transfer until delivery of the certificate on which it

appears or, if the indorsement is on a separate document, until

delivery of both the document and the certificate.

(d) If a security certificate in registered form has been

delivered to a purchaser without a necessary indorsement, the

purchaser may become a protected purchaser only when the indorsement

is supplied. However, against a transferor, a transfer is complete

upon delivery and the purchaser has a specifically enforceable right

to have any necessary indorsement supplied.

(e) An indorsement of a security certificate in bearer form may

give notice of an adverse claim to the certificate, but it does not

otherwise affect a right to registration that the holder possesses.

(f) Unless otherwise agreed, a person making an indorsement

assumes only the obligations provided in Section 8-108 of this title

and not an obligation that the security will be honored by the

issuer.
Okla. Stat. tit. 12A, § 12A-2A-529 — OK Code / Title 12A / Section 12A-2A-529
Lessor's action for the rent
Status: in_force

LESSOR'S ACTION FOR THE RENT

(1) After default by the lessee under the lease contract of the

type described in subsection (1) of Section 2A-523 or paragraph (a)

of subsection (3) of Section 2A-523 of this title, or, if agreed,

after other default by the lessee, if the lessor complies with

subsection (2) of this section, the lessor may recover from the

lessee as damages:

(a) for goods accepted by the lessee and not repossessed

by or tendered to the lessor, and for conforming goods

lost or damaged within a commercially reasonable time

after risk of loss passes to the lessee (Section 2A-

219 of this title):

(i) accrued and unpaid rent as of the date of entry

of judgment in favor of the lessor,

(ii) the present value as of the same date of the rent

for the then remaining lease term of the lease

agreement, and

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 278

(iii) any incidental damages allowed under Section 2A-

530 of this title, less expenses saved in

consequence of the lessee's default; and

(b) for goods identified to the lease contract if the

lessor is unable after reasonable effort to dispose of

them at a reasonable price or the circumstances

reasonably indicate that effort will be unavailing:

(i) accrued and unpaid rent as of the date of entry

of judgment in favor of the lessor,

(ii) the present value as of the same date of the rent

for the then remaining lease term of the lease

agreement, and

(iii) any incidental damages allowed under Section 2A-

530 of this title, less expenses saved in

consequence of the lessee's default.

(2) Except as provided in subsection (3) of this section, the

lessor shall hold for the lessee for the remaining lease term of the

lease agreement any goods that have been identified to the lease

contract and are in the lessor's control.

(3) The lessor may dispose of the goods at any time before

collection of the judgment for damages obtained pursuant to

subsection (1) of this section. If the disposition is before the

end of the remaining lease term of the lease agreement, the lessor's

recovery against the lessee for damages is governed by Section 2A-

527 or 2A-528 of this title, and the lessor will cause an

appropriate credit to be provided against a judgment for damages to

the extent that the amount of the judgment exceeds the recovery

available pursuant to Section 2A-527 or 2A-528 of this title.

(4) Payment of the judgment for damages obtained pursuant to

subsection (1) of this section entitles the lessee to the use and

possession of the goods not then disposed of for the remaining lease

term of and in accordance with the lease agreement.

(5) After default by the lessee under the lease contract of the

type described in either subsection (1) of Section 2A-523 of this

title or paragraph (a) of subsection (3) of Section 2A-523 of this

title or, if agreed, after other default by the lessee, a lessor who

is held not entitled to rent under this section must nevertheless be

awarded damages for nonacceptance under Sections 2A-527 or 2A-528 of

this title.
Okla. Stat. tit. 12, § 12-802 — OK Code / Title 12 / Section 12-802
Return
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 159

The sheriff or other officer to whom any writ of execution shall

be directed, shall return such writ to the court to which the same

is returnable, within sixty (60) days from the date thereof.

R.L. 1910, § 5178.
Okla. Stat. tit. 12A, § 12A-4-401 — OK Code / Title 12A / Section 12A-4-401
When Bank May Charge Customer's Account - Statute of
Status: in_force

limitations.

WHEN BANK MAY CHARGE CUSTOMER'S ACCOUNT

(a) A bank may charge against the account of a customer an item

that is properly payable from that account even though the charge

creates an overdraft. An item is properly payable if it is

authorized by the customer and is in accordance with any agreement

between the customer and bank.

(b) A customer is not liable for the amount of an overdraft if

the customer neither signed the item nor benefited from the proceeds

of the item.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 348

(c) A bank may charge against the account of a customer a check

that is otherwise properly payable from the account, even though

payment was made before the date of the check, unless the customer

has given notice to the bank of the postdating describing the check

with reasonable certainty. The notice is effective for the period

stated in subsection (b) of Section 4-403 of this title for stop-

payment orders, and must be received at such time and in such manner

as to afford the bank a reasonable opportunity to act on it before

the bank takes any action with respect to the check described in

Section 4-303 of this title. If a bank charges against the account

of a customer a check before the date stated in the notice of

postdating, the bank is liable for damages for the loss resulting

from its act. The loss may include damages for dishonor or

subsequent items under Section 4-402 of this title.

(d) A bank that in good faith makes payment to a holder may

charge the indicated account of its customer according to:

(1) The original terms of the altered item; or

(2) The terms of the completed item, even though the bank

knows the item has been completed unless the bank has

notice that the completion was improper.

(e) The statute of limitations on a customer’s claim that an

item charged against an account is not properly payable due to a

forged or unauthorized endorsement begins on the date the item is

finally paid by the bank, without regard to care or lack of care of

either the customer or the bank.
Okla. Stat. tit. 12, § 12-902 — OK Code / Title 12 / Section 12-902
Enforcing judgment in other cases
Status: in_force

When the judgment is not for the recovery of money or real

property, the same may be enforced by attachment, by the court

rendering judgment, upon motion made, or by a rule of the court upon

the defendant; but in either case, notice of the motion or a service

of a copy of the rule shall be made on the defendant, a reasonable

time before the order of attachment is made.

R.L. 1910, § 5215.
Okla. Stat. tit. 12, § 12-1531 — OK Code / Title 12 / Section 12-1531
Quo warranto abolished - Relief obtainable by civil
Status: in_force

action - Maintenance by contestants for office.

Oklahoma Statutes - Title 12. Civil Procedure Page 308

The writ of quo warranto, and proceedings by information in the

nature of quo warranto, are abolished and the remedies heretofore

obtainable in those forms may be had by civil action; provided, that

such cause of action may be instituted and maintained by the

contestant for such office at any time after the issuance of the

certificate of election by the state, county, township or city

election boards, and before the expiration of thirty (30) days after

such official is inducted into office; provided further, that all

suits now pending, contesting such elections, shall not be dismissed

because of the prematurity as to time of their commencement, which

shall be deemded valid and timely, if commenced after the issuance

of the election certificate or after twenty (20) days after the

result of said election having been declared by such election board;

and provided further, that this act shall not apply to primary

election.

R.L. 1910, § 4919. Amended by Laws 1925, c. 96, p. 145, § 1.
Okla. Stat. tit. 12, § 12-396 — OK Code / Title 12 / Section 12-396
Requisites of attachment - Order of commitment
Status: in_force

Every attachment for the arrest, or order of commitment to

prison of a witness by a court or officer, pursuant to this article,

must be under the seal of the court or officer, if he have an

official seal, and must specify, particularly, the cause of arrest

or commitment; and if the commitment be for refusing to answer a

question, such question must be stated in the order. Such order of

commitment may be directed to the sheriff, coroner or any constable

of the county where such witness resides, or may be at the time, and

shall be executed by committing him to the jail of such county, and

delivering a copy of the order to the jailor.

R.L. 1910, § 5061.
Okla. Stat. tit. 12A, § 12A-1-202 — OK Code / Title 12A / Section 12A-1-202
Notice - Knowledge
Status: in_force

Notice; Knowledge.

(a) Subject to subsection (f) of this section, a person has

"notice" of a fact if the person:

(1) has actual knowledge of it;

(2) has received a notice or notification of it; or

(3) from all the facts and circumstances known to the

person at the time in question, has reason to know

that it exists.

(b) “Knowledge" means actual knowledge. “Knows” has a

corresponding meaning.

(c) “Discover" or "learn" or a word or phrase of similar import

refers to knowledge rather than to reason to know.

(d) A person "notifies" or "gives" a notice or notification to

another person by taking such steps as may be reasonably required to

inform the other person in ordinary course whether or not the other

person actually comes to know of it.

(e) Subject to subsection (f) of this section, a person

"receives" a notice or notification when:

(1) it comes to the attention of the person; or

(2) it is duly delivered in a form reasonable under the

circumstances at the place of business through which

the contract was made or at another location held out

by that person as the place for receipt of such

communications.

(f) Notice, knowledge, or a notice or notification received by

an organization is effective for a particular transaction from the

time when it is brought to the attention of the individual

conducting that transaction, and, in any event, from the time it

would have been brought to the attention of the individual if the

organization had exercised due diligence. An organization exercises

due diligence if it maintains reasonable routines for communicating

significant information to the person conducting the transaction and

there is reasonable compliance with the routines. Due diligence

does not require an individual acting for the organization to

communicate information unless such communication is part of the

regular duties of the individual or unless the individual has reason

to know of the transaction and that the transaction would be

materially affected by the information.
Okla. Stat. tit. 12, § 12-3206 — OK Code / Title 12 / Section 12-3206
Renumbered as § 3229 of this title by Laws 1989, c. 129,
Status: in_force

§ 14, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-1805 — OK Code / Title 12 / Section 12-1805
Confidentiality of proceedings - Disclosure - Civil
Status: in_force

liability - Waiver of privilege.

A. Any information received by a mediator or a person employed

to assist a mediator, through files, reports, interviews, memoranda,

case summaries, or notes and work products of the mediator, is

privileged and confidential.

B. No part of the proceeding shall be considered a matter of

public record.

C. Other than a mediator's report to the court, no mediator,

initiating party, or responding party in a mediation proceeding

shall be subject to administrative or judicial process requiring

disclosure of any matters discussed or shall disclose any

information obtained during any part of the mediation proceedings

including but not limited to mediation scheduling, attendance,

participation, or discussion of any proposed settlement agreement,

items agreed upon or disputed, or the intent of the parties.

D. Each mediation session shall be informal. No adjudication

sanction or penalty may be made or imposed by the mediator or the

program.

E. No mediator, employee, or agent of a mediator shall be held

liable for civil damages for any statement or decision made in the

process of mediating or settling a dispute unless the action of such

person was a result of gross negligence with malicious purpose or in

a manner exhibiting willful disregard of the rights, safety, or

property of any party to the mediation.

F. If a party who has participated in mediation brings an

action for damages against a mediator arising out of mediation, for

purposes of that action the privilege provided for in subsection A

of this section shall be deemed to be waived as to the party

bringing the action.
Okla. Stat. tit. 12, § 12-154 — OK Code / Title 12 / Section 12-154
Summons may issue to other county
Status: in_force

Where the action is rightly brought in any county, a summons

shall be issued to any other county against any one or more of the

defendants, at the plaintiff's request.

R.L. 1910, § 4706.
Okla. Stat. tit. 12A, § 12A-1-9-316 — OK Code / Title 12A / Section 12A-1-9-316
Effect of change in governing law
Status: in_force

EFFECT OF CHANGE IN GOVERNING LAW

(a) A security interest perfected pursuant to the law of the

jurisdiction designated in paragraph (1) of Section 1-9-301,

subsection (c) of Section 1-9-305, subsection (d) of Section 1-9-

306A, or subsection (b) of Section 1-9-306B of this title remains

perfected until the earliest of:

(1) the time perfection would have ceased under the law of that

jurisdiction;

(2) the expiration of four (4) months after a change of the

debtor's location to another jurisdiction; or

(3) the expiration of one (1) year after a transfer of

collateral to a person that thereby becomes a debtor and is located

in another jurisdiction.

(b) If a security interest described in subsection (a) of this

section becomes perfected under the law of the other jurisdiction

before the earliest time or event described in that subsection, it

remains perfected thereafter. If the security interest does not

become perfected under the law of the other jurisdiction before the

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 67

earliest time or event, it becomes unperfected and is deemed never

to have been perfected as against a purchaser of the collateral for

value.

(c) A possessory security interest in collateral, other than

goods covered by a certificate of title and as-extracted collateral

consisting of goods, remains continuously perfected if:

(1) the collateral is located in one jurisdiction and subject

to a security interest perfected under the law of that jurisdiction;

(2) thereafter the collateral is brought into another

jurisdiction; and

(3) upon entry into the other jurisdiction, the security

interest is perfected under the law of the other jurisdiction.

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

section, a security interest in goods covered by a certificate of

title which is perfected by any method under the law of another

jurisdiction when the goods become covered by a certificate of title

from this state remains perfected until the security interest would

have become unperfected under the law of the other jurisdiction had

the goods not become so covered.

(e) A security interest described in subsection (d) of this

section becomes unperfected as against a purchaser of the goods for

value and is deemed never to have been perfected as against a

purchaser of the goods for value if the applicable requirements for

perfection under subsection (b) of Section 1-9-311 or Section 1-9-

313 of this title are not satisfied before the earlier of:

(1) the time the security interest would have become

unperfected under the law of the other jurisdiction had the goods

not become covered by a certificate of title from this state; or

(2) the expiration of four (4) months after the goods had

become so covered.

(f) A security interest in chattel paper, controllable

accounts, controllable electronic records, controllable payment

intangibles, deposit accounts, letter-of-credit rights, or

investment property which is perfected under the law of the chattel

paper's jurisdiction, the controllable electronic records'

jurisdiction, the bank's jurisdiction, the issuer's jurisdiction, a

nominated person's jurisdiction, the securities intermediary's

jurisdiction, or the commodity intermediary's jurisdiction, as

applicable, remains perfected until the earlier of:

(1) the time the security interest would have become

unperfected under the law of that jurisdiction; or

(2) the expiration of four (4) months after a change of the

applicable jurisdiction to another jurisdiction.

(g) If a security interest described in subsection (f) of this

section becomes perfected under the law of the other jurisdiction

before the earlier of the time or the end of the period described in

that subsection, it remains perfected thereafter. If the security

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 68

interest does not become perfected under the law of the other

jurisdiction before the earlier of that time or the end of that

period, it becomes unperfected and is deemed never to have been

perfected as against a purchaser of the collateral for value.

(h) The following rules apply to collateral to which a security

interest attaches within four (4) months after the debtor changes

its location to another jurisdiction:

(1) a financing statement filed before the change pursuant to

the law of the jurisdiction designated in subsection (1) of Section

1-9-301 of this title or subsection (c) of 1-9-305 of this title is

effective to perfect a security interest in the collateral if the

financing statement would have been effective to perfect a security

interest in the collateral if the debtor had not changed its

location.

(2) if a security interest that is perfected by a financing

statement that is effective under paragraph (1) of this subsection

becomes perfected under the law of the other jurisdiction before the

earlier of the time the financing statement would have become

ineffective under the law of the jurisdiction designated in

subsection (1) of Section 1-9-301 of this title or subsection (c) of

Section 1-9-305 of this title or the expiration of the four-month

period, it remains perfected thereafter. If the security interest

does not become perfected under the law of the other jurisdiction

before the earlier time or event, it becomes unperfected and is

deemed never to have been perfected as against a purchaser of the

collateral for value.

(i) If a financing statement naming an original debtor is filed

pursuant to the law of the jurisdiction designated in subsection (1)

of Section 1-9-301 of this title or subsection (c) of Section 1-9-

305 of this title and the new debtor is located in another

jurisdiction, the following rules apply:

(1) the financing statement is effective to perfect a security

interest in collateral in which the new debtor has or acquires

rights before or within four (4) months after the new debtor becomes

bound under subsection (d) of Section 1-9-203 of this title, if the

financing statement would have been effective to perfect a security

interest in the collateral if the collateral had been acquired by

the original debtor.

(2) a security interest that is perfected by the financing

statement and which becomes perfected under the law of the other

jurisdiction before the earlier of the expiration of the four-month

period or the time the financing statement would have become

ineffective under the law of the jurisdiction designated in

subsection (1) of Section 1-9-301 of this title or subsection (c) of

Section 1-9-305 of this title remains perfected thereafter. A

security interest that is perfected by the financing statement but

which does not become perfected under the law of the other

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 69

jurisdiction before the earlier time or event becomes unperfected

and is deemed never to have been perfected as against a purchaser of

the collateral for value.
Okla. Stat. tit. 12, § 12-1555 — OK Code / Title 12 / Section 12-1555
Investment of funds
Status: in_force

Funds in the hands of a receiver may be invested upon interest,

by order of the court; but no such order shall be made, except upon

the consent of all the parties to the action.

R.L. 1910, § 4983.
Okla. Stat. tit. 12, § 12-683 — OK Code / Title 12 / Section 12-683
Dismissal of action - Grounds and time
Status: in_force

Except as provided in Section 684.1 of this title, an action may

be dismissed, without prejudice to a future action:

1. By the plaintiff, before the final submission of the case to

the jury, or to the court, where the trial is by the court;

2. By the court, where the plaintiff fails to appear on the

trial;

3. By the court, for the want of necessary parties;

4. By the court, on the application of some of the defendants,

where there are others whom the plaintiff fails to prosecute with

diligence;

5. By the court, for disobedience by the plaintiff of an order

concerning the proceedings in the action; and

6. In all other cases, upon the trial of the action, the

decision must be upon the merits.
Okla. Stat. tit. 12A, § 12A-1-9-334 — OK Code / Title 12A / Section 12A-1-9-334
Priority of security interests in fixtures and crops
Status: in_force

PRIORITY OF SECURITY INTERESTS IN FIXTURES AND CROPS

(a) A security interest under this article may be created in

goods that are fixtures or may continue in goods that become

fixtures. A security interest does not exist under this article in

ordinary building materials incorporated into an improvement on

land.

(b) This article does not prevent creation of an encumbrance

upon fixtures under real property law.

(c) In cases not governed by subsections (d) through (h) of

this section, a security interest in fixtures is subordinate to a

conflicting interest of an encumbrancer or owner of the related real

property other than the debtor.

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

section, a perfected security interest in fixtures has priority over

a conflicting interest of an encumbrancer or owner of the real

property if the debtor has an interest of record in or is in

possession of the real property and:

(1) the security interest is a purchase-money security

interest;

(2) the interest of the encumbrancer or owner arises before the

goods become fixtures; and

(3) the security interest is perfected by a fixture filing

before the goods become fixtures or within twenty (20) days

thereafter.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 92

(e) A perfected security interest in fixtures has priority over

a conflicting interest of an encumbrancer or owner of the real

property if:

(1) the debtor has an interest of record in the real property

or is in possession of the real property and the security interest:

(A) is perfected by a fixture filing before the interest

of the encumbrancer or owner is of record; and

(B) has priority over any conflicting interest of a

predecessor in title of the encumbrancer or owner;

(2) before the goods become fixtures, the security interest is

perfected by any method permitted by this article and the fixtures

are readily removable:

(A) factory or office machines;

(B) equipment that is not primarily used or leased for use

in the operation of the real property; or

(C) replacements of domestic appliances that are consumer

goods;

(3) the conflicting interest is a lien on the real property

obtained by legal or equitable proceedings after the security

interest was perfected by any method permitted by this article; or

(4) the security interest is:

(A) created in a manufactured home in a manufactured-home

transaction; and

(B) perfected pursuant to a statute described in paragraph

(2) of subsection (a) of Section 1-9-311 of this

title.

(f) A security interest in fixtures, whether or not perfected,

has priority over a conflicting interest of an encumbrancer or owner

of the real property if:

(1) the encumbrancer or owner has, in a signed record,

consented to the security interest or disclaimed an interest in the

goods as fixtures; or

(2) the debtor has a right to remove the goods as against the

encumbrancer or owner.

(g) The priority of the security interest under paragraph (2)

of subsection (f) of this section continues for a reasonable time if

the debtor's right to remove the goods as against the encumbrancer

or owner terminates.

(h) A mortgage is a construction mortgage to the extent that it

secures an obligation incurred for the construction of an

improvement on land, including the acquisition cost of the land, if

a recorded record of the mortgage so indicates. Except as otherwise

provided in subsections (e) and (f) of this section, a security

interest in fixtures is subordinate to a construction mortgage if a

record of the mortgage is recorded before the goods become fixtures

and the goods become fixtures before the completion of the

construction. A mortgage has this priority to the same extent as a

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 93

construction mortgage to the extent that it is given to refinance a

construction mortgage.

(i) A perfected security interest in crops growing on real

property has priority over a conflicting interest of an encumbrancer

or owner of the real property if the debtor has an interest of

record in or is in possession of the real property.

(j) Subsection (i) of this section prevails over any

inconsistent provisions of other statutes of this state.
Okla. Stat. tit. 12, § 12-1487 — OK Code / Title 12 / Section 12-1487
Sheriff's, administrator's or guardian's sale - Purchase
Status: in_force

price to be refunded on recovery of land.

Whenever any land, sold by an executor, administrator, guardian,

sheriff or commissioner of court, is afterwards recovered in the

proper action by any person originally liable, or in whose hands the

land would be liable to pay the demand or judgment for which, or for

whose benefit the land was sold, or any one claiming under such

person, the plaintiff shall not be entitled to the possession of the

land until he has refunded the purchase money with interest,

deducting therefrom the value of the use, rents and profits, and

injury done by waste and cultivation, to be assessed under the

provisions of this article.

R.L. 1910, § 4939.
Okla. Stat. tit. 12A, § 12A-3-407 — OK Code / Title 12A / Section 12A-3-407
Alteration
Status: in_force

ALTERATION

(a) "Alteration" means (i) an unauthorized change in an

instrument that purports to modify in any respect the obligation of

a party, or (ii) an unauthorized addition of words or numbers or

other change to an incomplete instrument relating to the obligation

of a party.

(b) Except as provided in subsection (c) of this section, an

alteration fraudulently made discharges a party whose obligation is

affected by the alteration unless that party assents or is precluded

from asserting the alteration. No other alteration discharges a

party, and the instrument may be enforced according to its original

terms.

(c) A payor bank or drawee paying a fraudulently altered

instrument or a person taking it for value, in good faith and

without notice of the alteration, may enforce rights with respect to

the instrument (i) according to its original terms, or (ii) in the

case of an incomplete instrument altered by unauthorized completion,

according to its terms as completed.
Okla. Stat. tit. 12A, § 12A-8-509 — OK Code / Title 12A / Section 12A-8-509
Specification of Duties of Securities Intermediary by Other Statute or Regulation;
Status: in_force

Manner of Performance of Duties of Securities Intermediary and Exercise of Rights of Entitlement

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 15

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 16Other Statute or Regulation; Manner of Performance of Duties of

Securities Intermediary and Exercise of Rights of Entitlement

Holder.

Specification of Duties of Securities Intermediary by Other

Statute or Regulation; Manner of Performance of Duties of Securities

Intermediary and Exercise of Rights of Entitlement Holder.

(a) If the substance of a duty imposed upon a securities

intermediary by Sections 8-504 through 8-508 of this title is the

subject of other statute, regulation, or rule, compliance with that

statute, regulation, or rule satisfies the duty.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 454

(b) To the extent that specific standards for the performance

of the duties of a securities intermediary or the exercise of the

rights of an entitlement holder are not specified by other statute,

regulation, or rule or by agreement between the securities

intermediary and entitlement holder, the securities intermediary

shall perform its duties and the entitlement holder shall exercise

its rights in a commercially reasonable manner.

(c) The obligation of a securities intermediary to perform the

duties imposed by Sections 8-504 through 8-508 of this title is

subject to:

(1) rights of the securities intermediary arising out of a

security interest under a security agreement with the

entitlement holder or otherwise; and

(2) rights of the securities intermediary under other law,

regulation, rule, or agreement to withhold performance

of its duties as a result of unfulfilled obligations

of the entitlement holder to the securities

intermediary.

(d) Sections 8-504 through 8-508 of this title do not require a

securities intermediary to take any action that is prohibited by

other statute, regulation, or rule.
Okla. Stat. tit. 12, § 12-394 — OK Code / Title 12 / Section 12-394
Punishment for contempt - Liability to party injured
Status: in_force

A. The punishment for the contempt provided in Section 393 of

this title shall be as follows: When the witness fails to attend,

in obedience to the subpoena, except in case of a demand and failure

to pay his fees, the court or officer may fine the witness in a sum

not exceeding Fifty Dollars ($50.00). In other cases, the court or

officer may fine the witness in a sum not exceeding Fifty Dollars

($50.00), or may imprison him in the county jail, there to remain

until he shall submit to be sworn, testify or give his deposition.

The fine imposed by the court shall be paid into the county

Oklahoma Statutes - Title 12. Civil Procedure Page 82

treasury, and that imposed by the officer shall be for the use of

the party for whom the witness was subpoenaed. The witness shall,

also, be liable to the party injured for any damages occasioned by

his failure to attend, or his refusal to be sworn, testify or give

his deposition.

B. The punishment provided in this section shall not apply

where the witness refuses to subscribe a deposition.

R.L. 1910, § 5059. Amended by Laws 1980, c. 47, § 2, eff. Oct. 1,

1980.
Okla. Stat. tit. 12A, § 12A-2A-505 — OK Code / Title 12A / Section 12A-2A-505
Cancellation and termination and effect of
Status: in_force

cancellation, termination, rescission, or fraud on rights and

remedies.

CANCELLATION AND TERMINATION AND EFFECT OF

CANCELLATION, TERMINATION, RESCISSION, OR FRAUD ON

RIGHTS AND REMEDIES

(1) On cancellation of the lease contract, all obligations that

are still executory on both sides are discharged, but any right

based on prior default or performance survives, and the canceling

party also retains any remedy for default of the whole lease

contract or any unperformed balance.

(2) On termination of the lease contract, all obligations that

are still executory on both sides are discharged but any right based

on prior default or performance survives.

(3) Unless the contrary intention clearly appears, expressions

of "cancellation", "rescission", or the like of the lease contract

may not be construed as a renunciation or discharge of any claim in

damages for an antecedent default.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 263

(4) Rights and remedies for material misrepresentation or fraud

include all rights and remedies available under this article for

default.

(5) Neither rescission nor a claim for rescission of the lease

contract nor rejection or return of the goods may bar or be deemed

inconsistent with a claim for damages or other right or remedy.