Okla. Stat. tit. 12A, § 12A-2-205 — OK Code / Title 12A / Section 12A-2-205
Firm Offers
Status: in_force

An offer by a merchant to buy or sell goods in a signed record

which by its terms gives assurance that it will be held open is not

revocable, for lack of consideration, during the time stated or if

no time is stated for a reasonable time, but in no event may such

period of irrevocability exceed three (3) months; but any such term

of assurance on a form supplied by the offeree must be separately

signed by the offeror.
Okla. Stat. tit. 12, § 12-2103 — OK Code / Title 12 / Section 12-2103
Scope of rules
Status: in_force

A. Except as otherwise provided in subsection B of this

section, this Code shall apply in both criminal and civil

proceedings, conducted by or under the supervision of a court, in

which evidence is produced.

B. The rules set forth in this Code, other than those

applicable to a valid claim of privilege, do not apply in the

following situations:

1. The determination of questions of fact preliminary to

admissibility of evidence when the issue is to be determined by the

judge under subsection A of Section 2105 of this title; and

Oklahoma Statutes - Title 12. Civil Procedure Page 441

2. Proceedings for extradition or rendition; sentencing or

granting or revoking probation; advancement of deferred judgment;

issuance of warrants for arrest, criminal summonses and search

warrants; proceedings with respect to release on bail or otherwise;

and juvenile emergency show-cause hearings.
Okla. Stat. tit. 12A, § 12A-1-9-625 — OK Code / Title 12A / Section 12A-1-9-625
Remedies for secured party’s failure to comply with
Status: in_force

article.

REMEDIES FOR SECURED PARTY’S

FAILURE TO COMPLY WITH ARTICLE

(a) If it is established that a secured party is not proceeding

in accordance with this article, a court may order or restrain

collection, enforcement, or disposition of collateral on appropriate

terms and conditions.

(b) Subject to subsections (c), (d), and (f) of this section, a

person is liable for damages in the amount of any loss caused by a

failure to comply with this article. Loss caused by a failure to

comply may include loss resulting from the debtor’s inability to

obtain, or increased costs of, alternative financing.

(c) Except as otherwise provided in Section 1-9-628 of this

title:

(1) a person that, at the time of the failure, was a debtor,

was an obligor, or held a security interest in or other lien on the

collateral may recover damages under subsection (b) of this section

for its loss; and

(2) if the collateral is consumer goods, a person that was a

debtor or a secondary obligor at the time a secured party failed to

comply with this part may recover for that failure in any event an

amount not less than the credit service charge plus ten percent

(10%) of the principal amount of the obligation or the time-price

differential plus ten percent (10%) of the cash price.

(d) A debtor whose deficiency is eliminated under Section 1-9-

626 of this title may recover damages for the loss of any surplus.

However, a debtor or secondary obligor whose deficiency is

eliminated or reduced under Section 1-9-626 of this title may not

otherwise recover under subsection (b) of this section for

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 157

noncompliance with the provisions of this part relating to

collection, enforcement, disposition, or acceptance.

(e) In addition to any damages recoverable under subsection (b)

of this section, the debtor, consumer obligor, or person named as a

debtor in a filed record, as applicable, may recover Five Hundred

Dollars ($500.00) in each case from a person that:

(1) fails to comply with Section 1-9-208 of this title;

(2) fails to comply with Section 1-9-209 of this title;

(3) files a record that the person is not entitled to file

under subsection (a) of Section 1-9-509 of this title;

(4) fails to cause the secured party of record to file or send

a termination statement as required by subsection (a) or (c) Section

1-9-513 of this title;

(5) fails to comply with paragraph (1) of subsection (b) of

Section 1-9-616 of this title and whose failure is part of a

pattern, or consistent with a practice, of noncompliance; or

(6) fails to comply with paragraph (2) of subsection (b) of

Section 1-9-616 of this title.

(f) A debtor or consumer obligor may recover damages under

subsection (b) of this section and, in addition, Five Hundred

Dollars ($500.00) in each case from a person that, without

reasonable cause, fails to comply with a request under Section 1-9-

210 of this title. A recipient of a request under Section 1-9-210

of this title which never claimed an interest in the collateral or

obligations that are the subject of a request under that section has

a reasonable excuse for failure to comply with the request within

the meaning of this subsection.

(g) If a secured party fails to comply with a request regarding

a list of collateral or a statement of account under Section 1-9-210

of this title, the secured party may claim a security interest only

as shown in the list or statement included in the request as against

a person that is reasonably misled by the failure.
Okla. Stat. tit. 12A, § 12A-4A-210 — OK Code / Title 12A / Section 12A-4A-210
Rejection of payment order
Status: in_force

REJECTION OF PAYMENT ORDER

(a) A payment order is rejected by the receiving bank by a

notice of rejection transmitted to the sender orally or in a record.

A notice of rejection need not use any particular words and is

sufficient if it indicates that the receiving bank is rejecting the

order or will not execute or pay the order. Rejection is effective

when the notice is given if transmission is by a means that is

reasonable in the circumstances. If notice of rejection is given by

a means that is not reasonable, rejection is effective when the

notice is received. If an agreement of the sender and receiving

bank establishes the means to be used to reject a payment order, (i)

any means complying with the agreement is reasonable and (ii) any

means not complying is not reasonable unless no significant delay in

receipt of the notice resulted from the use of the noncomplying

means.

(b) This subsection applies if a receiving bank other than the

beneficiary's bank fails to execute a payment order despite the

existence on the execution date of a withdrawable credit balance in

an authorized account of the sender sufficient to cover the order.

If the sender does not receive notice of rejection of the order on

the execution date and the authorized account of the sender does not

bear interest, the bank is obliged to pay interest to the sender on

the amount of the order for the number of days elapsing after the

execution date to the earlier of the day the order is canceled

pursuant to subsection (d) of Section 19 of this act or the day the

sender receives notice or learns that the order was not executed,

counting the final day of the period as an elapsed day. If the

withdrawable credit balance during that period falls below the

amount of the order, the amount of interest is reduced accordingly.

(c) If a receiving bank suspends payments, all unaccepted

payment orders issued to it are deemed rejected at the time the bank

suspends payments.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 366

(d) Acceptance of a payment order precludes a later rejection

of the order. Rejection of a payment order precludes a later

acceptance of the order.
Okla. Stat. tit. 12A, § 12A-2-506 — OK Code / Title 12A / Section 12A-2-506
Rights of financing agency
Status: in_force

Rights of Financing Agency.

(1) A financing agency by paying or purchasing for value a

draft which relates to a shipment of goods acquires to the extent of

the payment or purchase and in addition to its own rights under the

draft and any document of title securing it any rights of the

shipper in the goods including the right to stop delivery and the

shipper's right to have the draft honored by the buyer.

(2) The right to reimbursement of a financing agency which has

in good faith honored or purchased the draft under commitment to or

authority from the buyer is not impaired by subsequent discovery of

defects with reference to any relevant document which was apparently

regular.
Okla. Stat. tit. 12, § 12-1170 — OK Code / Title 12 / Section 12-1170
Definitions
Status: in_force

A. For the purposes of this subsection and Sections 1171.2

through 1171.4 of this title:

1. “Arrearage” means the total amount of unpaid support

obligations;

2. “Delinquency” means any payment under an order for support

which becomes due and remains unpaid;

3. “Income” or “earnings” means any form of payment to an

individual regardless of source including, but not limited to,

wages, salary, commission, compensation as an independent

contractor, workers' compensation, disability, annuity and

retirement benefits, and any other payments made by any person,

private entity, federal or state government, any unit of local

government, school district, or any entity created by law;

4. “Disposable income” means income or earnings less any

amounts required by law to be withheld, including, but not limited

to, federal, state, and local taxes, Social Security, and public

assistance payments;

5. “Obligor” means the person who is required to make payments

under an order for support;

6. “Person entitled” or “obligee” means the person to whom a

duty of support is owed as designated in the support order or as

otherwise specified by the court;

7. “Payor” means any person or entity paying monies, income, or

earnings to an obligor. In the case of a self-employed person, the

“payor” and “obligor” may be the same person;

8. “Support order” means an order for the payment of child

support issued by a district court or the Department of Human

Services;

Oklahoma Statutes - Title 12. Civil Procedure Page 234

9. “Income assignment” is a provision of a support order which

directs the obligor to assign a portion of the monies, income, or

periodic earnings due and owing to the obligor to the person

entitled to the support or to another person designated by the

support order or assignment for payment of support or arrearages or

both. The assignment shall be in an amount which is sufficient to

meet the periodic support arrearages or other maintenance payments

or both imposed by the court order or administrative order. The

income assignment shall be made a part of the support order;

10. “Child support” means and includes all payments or other

obligations due and owing to the person entitled by the obligor

pursuant to a child support order, including but not limited to

medical insurance or health care premiums and other medical

expenses, current child care obligations, child care arrearages and

any fixed child care obligations and such other expenses and

requirements as specified in Section 118 of Title 43 of the Oklahoma

Statutes; and

11. “Notice of income assignment” means the standardized form

prescribed by the United States Secretary of Health and Human

Services that is required to be used in all cases to notify a payor

of an order to withhold for payment of child support and other

maintenance payments.

B. For the purposes of prejudgment garnishments, “judgment

creditor” includes prejudgment garnishors.
Okla. Stat. tit. 12A, § 12A-1-9-320.3 — OK Code / Title 12A / Section 12A-1-9-320.3
Forms; duty of secretary of state
Status: in_force

FORMS; DUTY OF OKLAHOMA COUNTY CLERK

The Oklahoma County Clerk shall develop and maintain a standard

form for an effective financing statement and for a statement of

continuation, partial release, amendment, or assignment thereof,

which shall be consistent with the provisions of Sections 1-9-320.1

through 1-9-320.7 of this title.
Okla. Stat. tit. 12A, § 12A-1-9-803 — OK Code / Title 12A / Section 12A-1-9-803
Security interest perfected before effective date
Status: in_force

SECURITY INTEREST PERFECTED BEFORE EFFECTIVE DATE

(a) A security interest that is a perfected security interest

immediately before this act takes effect is a perfected security

interest under Article 9 of the Uniform Commercial Code as amended

by this act if, when this act takes effect on November 1, 2015, the

applicable requirements for attachment and perfection under Article

9 of the Uniform Commercial Code as amended by this act are

satisfied without further action.

(b) Except as otherwise provided in Section 21 of this act, if,

immediately before this act takes effect, a security interest is a

perfected security interest, but the applicable requirements for

perfection under Article 9 of the Uniform Commercial Code as amended

by this act are not satisfied when this act takes effect on November

1, 2015, the security interest remains perfected thereafter only if

the applicable requirements for perfection under Article 9 of the

Uniform Commercial Code as amended by this act are satisfied within

one (1) year after this act takes effect.
Okla. Stat. tit. 12A, § 12A-2-602 — OK Code / Title 12A / Section 12A-2-602
Manner and Effect of Rightful Rejection
Status: in_force

(1) Rejection of goods must be within a reasonable time after

their delivery or tender. It is ineffective unless the buyer

seasonably notifies the seller.

(2) Subject to the provisions of the two following sections on

rejected goods (Section 2-603 and 2-604),

(a) after rejection any exercise of ownership by the buyer

with respect to any commercial unit is wrongful as against the

seller; and

(b) if the buyer has before rejection taken physical

possession of goods in which he does not have a security interest

under the provisions of this article (subsection (3) of Section 2-

711), he is under a duty after rejection to hold them with

reasonable care at the seller's disposition for a time sufficient to

permit the seller to remove them; but

(c) the buyer has no further obligations with regard to

goods rightfully rejected.

(3) The seller's rights with respect to goods wrongfully

rejected are governed by the provisions of this article on Seller's

remedies in general (Section 2-703).
Okla. Stat. tit. 12, § 12-1571 — OK Code / Title 12 / Section 12-1571
Order of delivery - Procedure
Status: in_force

A. The plaintiff in an action to recover the possession of

specific personal property may claim the delivery of the property at

the commencement of suit, as provided herein.

1. The petition must allege facts which show:

a. a description of the property claimed,

b. that the plaintiff is the owner of the property or has

a special ownership or interest therein, stating the

facts in relation thereto, and that he is entitled to

the immediate possession of the property,

c. that the property is wrongfully detained by the

defendant,

d. the actual value of the property, provided that when

several articles are claimed, the value of each shall

be stated as nearly as practicable,

e. that the property was not taken in execution on any

order or judgment against said plaintiff, or for the

payment of any tax, fine or amercement assessed

against him, or by virtue of an order of delivery

issued under this chapter, or any other mesne or final

process issued against said plaintiff; or, if taken in

Oklahoma Statutes - Title 12. Civil Procedure Page 314

execution or on any order or judgment against the

plaintiff, that it is exempt by law from being so

taken, and

f. the prayer for relief requests that the court issue an

order for the immediate delivery of the property.

2. The above allegations are verified by the party or, when the

facts are within the personal knowledge of his agent or attorney and

this is shown in the verification, by said agent or attorney.

3. A notice shall be issued by the clerk and served on the

defendant with the summons which shall notify the defendant that an

order of delivery of the property described in the petition is

sought and that the defendant may object to the issuance of such an

order by a written objection which is filed with the clerk and

delivered or mailed to the plaintiff's attorney within five (5) days

of the service of the summons. In the event that no written

objection is filed within the five-day period, no hearing is

necessary and the court clerk shall issue the order of delivery.

Should a written objection be filed within the five-day period

specified, the court shall, at the request of either party, set the

matter for prompt hearing. At such hearing the court shall proceed

to determine whether the order for prejudgment delivery of the

property should issue according to the probable merit of plaintiff's

petition. Provided, however, that no order of delivery may be

issued until an undertaking has been executed pursuant to Section

1573 of this title.

Nothing contained in this act shall prohibit a party from

waiving his right to a hearing or from voluntarily delivering the

goods to the party seeking them before the commencement of the

proceedings or at any time after institution thereof.

B. Where the notice that is required by subsection A of this

section cannot be served on the defendant but the judge finds that a

reasonable effort to serve him was made and at the hearing the

plaintiff has shown the probable truth of the allegations in his

petition, the court may issue an order for the prejudgment delivery

of the property. If an order for the delivery of the property is

issued without actual notice being given the defendant, the

defendant may move to have said order dissolved and, if he does not

have possession of the property, for a return of the property.

Notice of said motion with the date of the hearing shall be served

upon the attorney for the plaintiff in the action. The motion shall

be heard promptly, and in any case within five (5) days after the

date that it is filed. The court must grant the motion unless, at

the hearing on defendant's motion, the plaintiff proves the probable

truth of the allegations contained in his petition. If said notice

is filed before the sheriff turns the property over to the

plaintiff, the sheriff shall retain control of the property pending

the hearing on the motion.

Oklahoma Statutes - Title 12. Civil Procedure Page 315

C. The court may, on request of the plaintiff, order the

defendant not to conceal, damage or destroy the property or a part

thereof and not to remove the property or a part thereof from the

state or county, pending the hearing on plaintiff's request for an

order for the prejudgment delivery of the property, and said order

may be served with the summons.

D. No action to recover the possession of specific personal

property pursuant to this section may be brought against any city,

county or state agency or an employee of a city, county, or state

agency, if the claim alleges matters arising from incarceration,

probation, parole or community supervision.

R.L. 1910, § 4798. Amended by Laws 1974, c. 129, § 1, emerg. eff.

May 3, 1974; Laws 1976, c. 71, § 1, emerg. eff. April 26, 1976; Laws

2002, c. 402, § 3, eff. July 1, 2002.
Okla. Stat. tit. 12A, § 12A-2-207 — OK Code / Title 12A / Section 12A-2-207
Additional Terms in Acceptance or Confirmation
Status: in_force

(1) A definite and seasonable expression of acceptance or a

written confirmation which is sent within a reasonable time operates

as an acceptance even though it states terms additional to or

different from those offered or agreed upon, unless acceptance is

expressly made conditional on assent to the additional or different

terms.

(2) The additional terms are to be construed as proposals for

addition to the contract. Between merchants such terms become part

of the contract unless:

(a) the offer expressly limits acceptance to the terms of

the offer;

(b) they materially alter it; or

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 192

(c) notification of objection to them has already been

given or is given within a reasonable time after notice of them is

received.

(3) Conduct by both parties which recognizes the existence of a

contract is sufficient to establish a contract for sale although the

writings of the parties do not otherwise establish a contract. In

such case the terms of the particular contract consist of those

terms on which the writings of the parties agree, together with any

supplementary terms incorporated under any other provisions of this

act.
Okla. Stat. tit. 12, § 12-952 — OK Code / Title 12 / Section 12-952
Jurisdiction of Supreme Court
Status: in_force

(a) The Supreme Court may reverse, vacate or modify judgments of

the district court for errors appearing on the record, and in the

reversal of such judgment may reverse, vacate or modify any

intermediate order involving the merits of the action, or any

portion thereof.

(b) The Supreme Court may reverse, vacate or modify any of the

following orders of the district court, or a judge thereof:

1. A final order;

2. An order that discharges, vacates or modifies or refuses to

vacate or modify a provisional remedy which affects the substantial

rights of a party; or grants, refuses, vacates, modifies or refuses

to vacate or modify an injunction; grants or refuses a new trial; or

vacates or refuses to vacate a final judgment;

3. Any other order, which affects a substantial part of the

merits of the controversy when the trial judge certifies that an

immediate appeal may materially advance the ultimate termination of

the litigation; provided, however, that the Supreme Court, in its

discretion, may refuse to hear the appeal. If the Supreme Court

assumes jurisdiction of the appeal, it shall indicate in its order

whether the action in the trial court shall be stayed or shall

continue.

The failure of a party to appeal from an order that is

appealable under either subdivision 2 or 3 of subsection (b) of this

section shall not preclude him from asserting error in the order

after the judgment or final order is rendered.

R.L. 1910, § 5236. Amended by Laws 1955, p. 135, § 1; Laws 1968, c.

290, § 1, eff. Jan. 13, 1969.
Okla. Stat. tit. 12, § 12-1147.3 — OK Code / Title 12 / Section 12-1147.3
Parties to proceedings - Representation of persons not
Status: in_force

in being - Guardian ad litem.

No sale of real estate hereunder shall be made unless all

persons interested in the real estate to be sold (which shall be the

full fee simple title in the tract sold if the possible claims of

the person or persons not in being affect the full fee simple title

thereto, or the full undivided interest in the tract sold if such

possible claims affect only such undivided interest) are made

parties to said proceedings; provided that where the real estate to

be sold is subject to a mortgage or other lien, the mortgagee or

lienholder need not be made a party to said proceedings if the sale

is made subject to such mortgage or lien. Where the person or

persons not in being who may claim an interest in the real estate

sold belong to a class of which there is a living member or members

whose interests do not conflict with those not in being, such living

member or members of said class may be made parties plaintiff or

defendant and may appear on behalf of themselves and the unborn

members of the class, but in every case the court shall appoint a

disinterested person as guardian ad litem for such person or persons

not in being, and such guardian ad litem shall be required to file a

written answer or other pleading fully disclosing the possible

Oklahoma Statutes - Title 12. Civil Procedure Page 222

interests of such unborn persons and take all appropriate steps to

protect their interests.
Okla. Stat. tit. 12, § 12-2105 — OK Code / Title 12 / Section 12-2105
Preliminary questions
Status: in_force

A. Preliminary questions concerning the qualifications of a

person to be a witness, the existence of a privilege or the

admissibility of evidence shall be determined by the court, subject

to the provisions of subsections B and C of this section.

B. A person claiming a privilege must prove that the conditions

prerequisite to the existence of the privilege are more probably

true than not. A person claiming an exception to a privilege must

prove that the conditions prerequisite to the applicability of the

exception are more probably true than not. If there is a factual

basis to support a good faith belief that a review of the allegedly

privileged material is necessary, the court, in making its

determination, may review the material outside the presence of any

other person.

Oklahoma Statutes - Title 12. Civil Procedure Page 442

C. When the relevancy of evidence depends upon the fulfillment

of a condition of fact, the judge shall admit it upon, or subject

to, the introduction of evidence sufficient to support a finding of

the fulfillment of the condition.

D. Hearings on the admissibility of confessions shall be

conducted in all cases out of the hearing of the jury. Hearings on

other preliminary matters shall also be conducted out of the hearing

of the jury when the interests of justice require or when requested

by an accused who is a witness.

E. The accused does not subject himself to cross-examination on

other issues in the case by testifying upon a preliminary matter.

F. This section does not limit the right of a party to

introduce before the jury evidence relevant to weight or

credibility.
Okla. Stat. tit. 12, § 12-1035 — OK Code / Title 12 / Section 12-1035
Liens and securities preserved
Status: in_force

If a judgment is modified, all liens and securities obtained

under it shall be preserved to the modified judgment.

R.L. 1910, § 5271. Amended by Laws 1990, c. 251, § 16, eff. Jan. 1,

1991.
Okla. Stat. tit. 12A, § 12A-5-109 — OK Code / Title 12A / Section 12A-5-109
Fraud and Forgery
Status: in_force

Fraud and Forgery.

(a) If a presentation is made that appears on its face strictly

to comply with the terms and conditions of the letter of credit, but

a required document is forged or materially fraudulent, or honor of

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 387

the presentation would facilitate a material fraud by the

beneficiary on the issuer or applicant:

(1) The issuer shall honor the presentation, if honor is

demanded by:

(i) a nominated person who has given value in good

faith and without notice of forgery or material

fraud;

(ii) a confirmer who has honored its confirmation in

good faith;

(iii) a holder in due course of a draft drawn under the

letter of credit which was taken after acceptance

by the issuer or nominated person; or

(iv) an assignee of the issuer's or nominated person's

deferred obligation that was taken for value and

without notice of forgery or material fraud after

the obligation was incurred by the issuer or

nominated person; and

(2) The issuer, acting in good faith, may honor or

dishonor the presentation in any other case.

(b) If an applicant claims that a required document is forged

or materially fraudulent or that honor of the presentation would

facilitate a material fraud by the beneficiary on the issuer or

applicant, a court of competent jurisdiction may temporarily or

permanently enjoin the issuer from honoring a presentation or grant

similar relief against the issuer or other persons only if the court

finds that:

(1) The relief is not prohibited under the law applicable

to an accepted draft or deferred obligation incurred

by the issuer;

(2) A beneficiary, issuer, or nominated person who may be

adversely affected is adequately protected against

loss that it may suffer because the relief is granted;

(3) All of the conditions to entitle a person to the

relief under the law of this state have been met; and

(4) On the basis of the information submitted to the

court, the applicant is more likely than not to

succeed under its claim of forgery or material fraud

and the person demanding honor does not qualify for

protection under paragraph (1) of subsection (a) of

this section.
Okla. Stat. tit. 12, § 12-2604 — OK Code / Title 12 / Section 12-2604
Interpreters
Status: in_force

An interpreter is subject to the provisions of this Code

relating to qualification as an expert and the administration of an

oath or affirmation to make a true and complete rendition of all

communications made during the interpretive process to the best of

the interpreter’s knowledge and belief.
Okla. Stat. tit. 12A, § 12A-2-206 — OK Code / Title 12A / Section 12A-2-206
Offer and Acceptance in Formation of Contract
Status: in_force

(1) Unless otherwise unambiguously indicated by the language or

circumstances

(a) an offer to make a contract shall be construed as

inviting acceptance in any manner and by any medium reasonable in

the circumstances;

(b) an order or other offer to buy goods for prompt or

current shipment shall be construed as inviting acceptance either by

a prompt promise to ship or by the prompt or current shipment of

conforming or nonconforming goods, but such a shipment of non-

conforming goods does not constitute an acceptance if the seller

seasonably notifies the buyer that the shipment is offered only as

an accommodation to the buyer.

(2) Where the beginning of a requested performance is a

reasonable mode of acceptance an offeror who is not notified of

acceptance within a reasonable time may treat the offer as having

lapsed before acceptance.
Okla. Stat. tit. 12, § 12-1006 — OK Code / Title 12 / Section 12-1006
Renumbered as § 994 of this title by Laws 1993, c. 351, §
Status: in_force

30, eff. Oct. 1, 1993.
Okla. Stat. tit. 12A, § 12A-2-307 — OK Code / Title 12A / Section 12A-2-307
Delivery in Single Lot or Several Lots
Status: in_force

Unless otherwise agreed all goods called for by a contract for

sale must be tendered in a single delivery and payment is due only

on such tender but where the circumstances give either party the

right to make or demand delivery in lots the price if it can be

apportioned may be demanded for each lot.
Okla. Stat. tit. 12, § 12-66 — OK Code / Title 12 / Section 12-66
State as a party – Bond not required – Automatic stay -
Status: in_force

Payment of costs.

A. Whenever an action is filed in any of the courts of this

state where the State of Oklahoma or any of its departments or

agencies, as defined in Section 152 of Title 51 of the Oklahoma

Statutes, is a party, no bonds or other obligation of security shall

be required from the state or from any party acting under the

direction of the state, either to prosecute, answer, or appeal the

action. The execution of a judgment or final order of any judicial

tribunal against the state or any of its departments or agencies is

automatically stayed without the execution of a supersedeas bond

until any appeal of such judgment or final order has finally been

determined.

In case of an adverse decision, such costs as by law are taxable

against the state, or against the party acting by its direction,

shall be paid out of the funds of the department under whose

direction the proceedings were instituted or defended.

B. Costs shall be paid to the court fund of the district court

in which an action is filed from the first funds collected in

satisfaction of any judgment obtained by this state or any party

acting under the direction of this state, except when the funds are

collected pursuant to a child support order, judgment, or pursuant

to any civil forfeiture action. No action filed by this state or by

any party acting under the direction of this state shall be

dismissed with unpaid costs of the action without the prior

Oklahoma Statutes - Title 12. Civil Procedure Page 45

notification of the district court clerk of the county in which the

action was filed.
Okla. Stat. tit. 12, § 12-2024 — OK Code / Title 12 / Section 12-2024
Intervention
Status: in_force

INTERVENTION

A. INTERVENTION OF RIGHT. Upon timely application anyone shall

be permitted to intervene in an action:

1. When a statute confers an unconditional right to intervene;

or

2. When the applicant claims an interest relating to the

property or transaction which is the subject of the action and the

applicant is so situated that the disposition of the action may as a

practical matter impair or impede the applicant's ability to protect

that interest; provided, there shall be a rebuttable presumption

that disposition of a petition requesting the appointment of a

guardian for an incapacitated or partially incapacitated person will

impair or impede the ability to protect property or other rights of

the persons required to receive notice of the appointment pursuant

to Section 3-110 of Title 30 of the Oklahoma Statutes.

B. PERMISSIVE INTERVENTION. Upon timely application anyone may

be permitted to intervene in an action:

1. When a statute confers a conditional right to intervene; or

2. When an applicant's claim or defense and the main action

have a question of law or fact in common.

When a party to an action relies for ground of claim or defense upon

any statute or executive order administered by a federal or state

governmental officer or agency or upon any regulation, order,

requirement or agreement issued or made pursuant to the statute or

executive order, the officer or agency upon timely application may

be permitted to intervene in the action. In exercising its

discretion the court shall consider whether the intervention will

unduly delay or prejudice the adjudication of the rights of the

original parties.

C. PROCEDURE. A person desiring to intervene shall serve a

motion to intervene upon the parties as provided in Section 2005 of

this title. The motion shall state the grounds therefor and shall

be accompanied by a pleading setting forth the claim or defense for

which intervention is sought. If the motion to intervene is

granted, the plaintiff or defendant, or both, may respond to the

pleading of the intervenor within twenty (20) days after the date

that the motion was granted unless the court prescribes a shorter

time.

D. INTERVENTION BY STATE OF OKLAHOMA.

Oklahoma Statutes - Title 12. Civil Procedure Page 427

1. In any action, suit, or proceeding to which the State of

Oklahoma or any agency, officer, or employee thereof is not a party,

wherein the constitutionality of any statute of this state affecting

the public interest is drawn into question, the court shall certify

such fact to the Attorney General, and shall permit the State of

Oklahoma to intervene for presentation of evidence, if evidence is

otherwise admissible in the case, and for argument on the question

of constitutionality. The State of Oklahoma shall, subject to the

applicable provisions of law, have all the rights of a party and be

subject to all liabilities of a party as to court costs to the

extent necessary for a proper presentation of the facts and law

relating to the question of constitutionality.

2. Upon receipt of notice pursuant to paragraph 1 of this

subsection or other actual notice that the constitutionality of any

statute of this state affecting the public interest is drawn into

question, the Attorney General shall immediately deliver a copy of

the proceeding to the Speaker of the House of Representatives and

the President Pro Tempore of the Senate who may intervene on behalf

of their respective house of the Legislature and who shall be

entitled to be heard. Intervention by the Speaker of the House of

Representatives or President Pro Tempore of the Senate shall not

constitute waiver of legislative immunity.
Okla. Stat. tit. 12A, § 12A-1-9-621 — OK Code / Title 12A / Section 12A-1-9-621
Notification of proposal to accept collateral
Status: in_force

NOTIFICATION OF PROPOSAL TO ACCEPT COLLATERAL

(a) A secured party that desires to accept collateral in full

or partial satisfaction of the obligation it secures shall send its

proposal to:

(1) any person from which the secured party has received,

before the debtor consented to the acceptance, a signed notification

of a claim of an interest in the collateral;

(2) any other secured party or lienholder that, ten (10) days

before the debtor consented to the acceptance, held a security

interest in or other lien on the collateral perfected by the filing

of a financing statement that:

(A) identified the collateral;

(B) was indexed under the debtor's name as of that date;

and

(C) was filed in the office or offices in which a

financing statement against the debtor covering the

collateral as of that date would have been filed; and

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 155

(3) any other secured party that, ten (10) days before the

debtor consented to the acceptance, held a security interest in the

collateral perfected by compliance with a statute, regulation, or

treaty described in subsection (a) of Section 1-9-311 of this title.

(b) A secured party that desires to accept collateral in

partial satisfaction of the obligation it secures shall send its

proposal to any secondary obligor in addition to the persons

described in subsection (a) of this section.
Okla. Stat. tit. 12, § 12-3306 — OK Code / Title 12 / Section 12-3306
Proceedings pending before tribunal — Status report
Status: in_force

PROCEEDINGS PENDING BEFORE TRIBUNAL; STATUS REPORT.

A. Persons in a proceeding pending before a tribunal may sign a

collaborative law participation agreement to seek to resolve a

collaborative matter related to the proceeding. The parties shall

Oklahoma Statutes - Title 12. Civil Procedure Page 548

file promptly with the tribunal a notice of the agreement after it

is signed. Subject to subsection C of this section and Sections 7

and 8 of this act, the filing operates as an application for a stay

of the proceeding.

B. The parties shall file promptly with the tribunal notice in

a record when a collaborative law process concludes. The stay of

the proceeding under subsection A of this section is lifted when the

notice is filed. The notice may not specify any reason for

termination of the process.

C. A tribunal in which a proceeding is stayed under subsection

A of this section may require the parties and collaborative lawyers

to provide a status report on the collaborative law process and the

proceeding. A status report may include only information on whether

the process is ongoing or concluded. It may not include a report,

assessment, evaluation, recommendation, finding, or other

communication regarding a collaborative law process or collaborative

law matter.

D. A tribunal may not consider a communication made in

violation of subsection C of this section.

E. A tribunal shall provide parties notice and an opportunity

to be heard before dismissing a proceeding in which a notice of

collaborative process is filed based on delay or failure to

prosecute.
Okla. Stat. tit. 12, § 12-661 — OK Code / Title 12 / Section 12-661
Amount of damages recoverable
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 105

Whenever damages are recoverable, the plaintiff may claim and

recover any rate of damages to which he may be entitled for the

cause of action established.

R.L. 1910, § 5038.
Okla. Stat. tit. 12A, § 12A-15-102 — OK Code / Title 12A / Section 12A-15-102
Definitions
Status: in_force

DEFINITIONS

In this act:

(1) "Agreement" means the bargain of the parties in fact, as

found in their language or inferred from other circumstances and

from rules, regulations, and procedures given the effect of

agreements under laws otherwise applicable to a particular

transaction.

(2) "Automated transaction" means a transaction conducted or

performed, in whole or in part, by electronic means or electronic

records, in which the acts or records of one or both parties are not

reviewed by an individual in the ordinary course in forming a

contract, performing under an existing contract, or fulfilling an

obligation required by the transaction.

(3) "Certification authority" means a person who issues a

certificate for a digital signature.

(4) "Computer program" means a set of statements or

instructions to be used directly or indirectly in an information

processing system in order to bring about a certain result.

(5) "Contract" means the total legal obligation resulting from

the parties' agreement as affected by this act and other applicable

law.

(6) "Digital signature" means a type of electronic signature

consisting of a transformation of an electronic message using an

asymmetric crypto system such that a person having the initial

message and the signer's public key can accurately determine

whether:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 471

(A) The transformation was created using the private key that

corresponds to the signer's public key; and

(B) The initial message has not been altered since the

transformation was made.

(7) "Electronic" means relating to technology having

electrical, digital, magnetic, wireless, optical, electromagnetic,

or similar capabilities.

(8) "Electronic agent" means a computer program or an

electronic or other automated means used independently to initiate

an action or respond to electronic records or performances in whole

or in part, without review or action by an individual.

(9) "Electronic record" means a record created, generated,

sent, communicated, received, or stored by electronic means. A

record or contract that is secured through blockchain technology is

considered to be in an electronic form and to be an electronic

record.

(10) "Electronic signature" means an electronic sound, symbol,

or process attached to or logically associated with a record and

executed or adopted by a person with the intent to sign the record.

A signature that is secured through blockchain technology is

considered to be in an electronic form and to be an electronic

signature.

(11) "Governmental agency" means an executive, legislative, or

judicial agency, department, board, commission, authority,

institution, or instrumentality of the federal government or of a

state or of a county, municipality, or other political subdivision

of a state.

(12) "Information" means data, text, images, sounds, codes,

computer programs, software, databases, or the like.

(13) "Information processing system" means an electronic system

for creating, generating, sending, receiving, storing, displaying,

or processing information.

(14) "Message" means a digital representation of information.

(15) "Person" means an individual, corporation, business trust,

estate, trust, partnership, limited liability company, association,

joint venture, governmental agency, public corporation, or any other

legal or commercial entity.

(16) "Record" means information that is inscribed on a tangible

medium or that is stored in an electronic or other medium and is

retrievable in perceivable form.

(17) "Registered certification authority" means a certification

authority who is registered with the Secretary and has been

certified by the Secretary as meeting the standards set forth by

regulation.

(18) "Secretary" means the Oklahoma Secretary of State.

(19) "Security procedure" means a procedure employed for the

purpose of verifying that an electronic signature, record, or

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 472

performance is that of a specific person or for detecting changes or

errors in the information in an electronic record. The term

"security procedure" includes a procedure that requires the use of

algorithms or other codes, identifying words or numbers, encryption,

or callback or other acknowledgment procedures.

(20) "State" means a state of the United States, the District

of Columbia, Puerto Rico, the United States Virgin Islands, or any

territory or insular possession subject to the jurisdiction of the

United States. The term includes an Indian tribe or band, or

Alaskan Native village, which is recognized by federal law or

formally acknowledged by a state.

(21) "Transaction" means an action or set of actions occurring

between two or more persons relating to the conduct of business,

commercial, or governmental affairs.
Okla. Stat. tit. 12A, § 12A-15-120 — OK Code / Title 12A / Section 12A-15-120
Waiver of information transaction laws by governmental
Status: in_force

agencies.

WAIVER OF INFORMATION TRANSACTION LAWS BY GOVERNMENTAL AGENCIES

Notwithstanding subsections (b) and (d) of Section 8 of this

act, a governmental agency may waive the requirements of state law

governing (i) the method of posting or display of a record or

information, (ii) the manner of communication or transmittal of a

record or information, including but not limited to, first class or

other United States mail requirements, or (iii) formatting

requirements of a record or information, with respect to the matters

over which the agency has jurisdiction.
Okla. Stat. tit. 12A, § 12A-2-614 — OK Code / Title 12A / Section 12A-2-614
Substituted Performance
Status: in_force

(1) Where without fault of either party the agreed berthing,

loading, or unloading facilities fail or an agreed type of carrier

becomes unavailable or the agreed manner of delivery otherwise

becomes commercially impracticable but a commercially reasonable

substitute is available, such substitute performance must be

tendered and accepted.

(2) If the agreed means or manner of payment fails because of

domestic or foreign governmental regulation, the seller may withhold

or stop delivery unless the buyer provides a means or manner of

payment which is commercially a substantial equivalent. If delivery

has already been taken, payment by the means or in the manner

provided by the regulation discharges the buyer's obligation unless

the regulation is discriminatory, oppressive or predatory.
Okla. Stat. tit. 12A, § 12A-1-103 — OK Code / Title 12A / Section 12A-1-103
Construction of Uniform Commercial Code to promote its
Status: in_force

purposes and policies - Applicability of supplemental principles of

law.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 172

Construction of Uniform Commercial Code to Promote Its Purposes

and Policies; Applicability of Supplemental Principles of Law.

(a) The Uniform Commercial Code shall be liberally construed

and applied to promote its underlying purposes and policies, which

are:

(1) to simplify, clarify and modernize the law governing

commercial transactions;

(2) to permit the continued expansion of commercial

practices through custom, usage and agreement of the

parties; and

(3) to make uniform the law among the various

jurisdictions.

(b) Unless displaced by the particular provisions of the

Uniform Commercial Code, 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

cause shall supplement its provisions.
Okla. Stat. tit. 12A, § 12A-2A-524 — OK Code / Title 12A / Section 12A-2A-524
Lessor's right to identify goods to lease contract
Status: in_force

LESSOR'S RIGHT TO IDENTIFY GOODS TO LEASE CONTRACT

(1) 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, the lessor

may:

(a) identify to the lease contract conforming goods not

already identified if at the time the lessor learned

of the default they were in the lessor's or the

supplier's possession or control; and

(b) dispose of goods (subsection (1) of Section 2A-527 of

this title) that demonstrably have been intended for

the particular lease contract even though those goods

are unfinished.

(2) If the goods are unfinished, in the exercise of reasonable

commercial judgment for the purposes of avoiding loss and of

effective realization, an aggrieved lessor or the supplier may

either complete manufacture and wholly identify the goods to the

lease contract or cease manufacture and lease, sell, or otherwise

dispose of the goods for scrap or salvage value or proceed in any

other reasonable manner.
Okla. Stat. tit. 12, § 12-1034 — OK Code / Title 12 / Section 12-1034
Trial of application to vacate
Status: in_force

The court may first try and decide upon the grounds to vacate or

modify a judgment or order before trying or deciding upon the

validity of the defense or cause of action.

R.L. 1910, § 5270.
Okla. Stat. tit. 12, § 12-3202 — OK Code / Title 12 / Section 12-3202
Renumbered as § 3225 of this title by Laws 1989, c. 129,
Status: in_force

§ 14, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-1272 — OK Code / Title 12 / Section 12-1272
Renumbered as § 102 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12A, § 12A-2A-525 — OK Code / Title 12A / Section 12A-2A-525
Lessor's right to possession of goods
Status: in_force

LESSOR'S RIGHT TO POSSESSION OF GOODS

(1) If a lessor discovers the lessee to be insolvent, the

lessor may refuse to deliver the goods.

(2) After a 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, the lessor has the right to take

possession of the goods. If the lease contract so provides, the

lessor may require the lessee to assemble the goods and make them

available to the lessor at a place to be designated by the lessor

which is reasonably convenient to both parties. Without removal,

the lessor may render unusable any goods employed in trade or

business, and may dispose of goods on the lessee's premises (Section

2A-527 of this title).

(3) The lessor may proceed under subsection (2) of this section

without judicial process if it can be done without breach of the

peace or the lessor may proceed by action.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 275
Okla. Stat. tit. 12, § 12-1861 — OK Code / Title 12 / Section 12-1861
Consolidation of separate proceedings
Status: in_force

A. Except as otherwise provided in subsection C of this

section, upon application and motion of a party to an agreement to

arbitrate or to an arbitration proceeding, the court may order

consolidation of separate arbitration proceedings as to all or some

of the claims if:

1. There are separate agreements to arbitrate or separate

arbitration proceedings between the same persons or one of them is a

party to a separate agreement to arbitrate or a separate arbitration

proceeding with a third person;

2. The claims subject to the agreements to arbitrate arise in

substantial part from the same transaction or series of related

transactions;

3. The existence of a common issue of law or fact creates the

possibility of conflicting decisions in the separate arbitration

proceedings; and

4. Prejudice resulting from a failure to consolidate is not

outweighed by the risk of undue delay or prejudice to the rights of

or hardship to parties opposing consolidation.

B. The court may order consolidation of separate arbitration

proceedings as to some claims and allow other claims to be resolved

in separate arbitration proceedings.

C. The court may not order consolidation of the claims of a

party to an agreement to arbitrate if the agreement prohibits

consolidation.
Okla. Stat. tit. 12, § 12-3205 — OK Code / Title 12 / Section 12-3205
Renumbered as § 3228 of this title by Laws 1989, c. 129,
Status: in_force

§ 14, eff. Nov. 1, 1989.

Oklahoma Statutes - Title 12. Civil Procedure Page 495
Okla. Stat. tit. 12, § 12-1511 — OK Code / Title 12 / Section 12-1511
Judgment on partition
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 305

If partition be made by the commissioners, and no exceptions are

filed to their report, the court shall render judgment that such

partition be and remain firm and effectual forever.

R.L. 1910, § 4950.
Okla. Stat. tit. 12A, § 12A-1-9-303 — OK Code / Title 12A / Section 12A-1-9-303
Law governing perfection and priority of security
Status: in_force

interests in goods covered by a certificate of title.

LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY

INTERESTS IN GOODS COVERED BY A CERTIFICATE OF TITLE

(a) This section applies to goods covered by a certificate of

title, even if there is no other relationship between the

jurisdiction under whose certificate of title the goods are covered

and the goods or the debtor.

(b) Goods become covered by a certificate of title when a valid

application for the certificate of title and the applicable fee are

delivered to the appropriate authority. Goods cease to be covered

by a certificate of title at the earlier of the time the certificate

of title ceases to be effective under the law of the issuing

jurisdiction or the time the goods become covered subsequently by a

certificate of title issued by another jurisdiction.

(c) The local law of the jurisdiction under whose certificate

of title the goods are covered governs perfection, the effect of

perfection or nonperfection, and the priority of a security interest

in goods covered by a certificate of title from the time the goods

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 52

become covered by the certificate of title until the goods cease to

be covered by the certificate of title.
Okla. Stat. tit. 12A, § 12A-7-203 — OK Code / Title 12A / Section 12A-7-203
Liability for nonreceipt or misdescription
Status: in_force

Liability for Nonreceipt or Misdescription.

A party to or purchaser for value in good faith of a document of

title, other than a bill of lading, that relies upon the description

of the goods in the document may recover from the issuer damages

caused by the nonreceipt or misdescription of the goods, except to

the extent that:

(1) the document conspicuously indicates that the issuer does

not know whether all or part of the goods in fact were received or

conform to the description, such as a case in which the description

is in terms of marks or labels or kind, quantity, or condition, or

the receipt or description is qualified by "contents, condition, and

quality unknown", "said to contain" or words of similar import, if

such indication is true; or

(2) the party or purchaser otherwise has notice of the

nonreceipt or misdescription.
Okla. Stat. tit. 12, § 12-2902 — OK Code / Title 12 / Section 12-2902
Self-authentication
Status: in_force

Extrinsic evidence of authenticity as a condition precedent to

admissibility is not required with respect to the following:

1. A document bearing a seal purporting to be that of the

United States or of any state, district, commonwealth, territory or

insular possession thereof, including the Panama Canal Zone, or the

trust territory of the Pacific Islands, or of a political

Oklahoma Statutes - Title 12. Civil Procedure Page 488

subdivision, department, office or agency thereof, and a signature

purporting to be an attestation or execution;

2. A document purporting to bear the signature in his official

capacity of an officer or employee of any entity included in

paragraph 1 of this section, having no seal, if a public officer

having a seal and having official duties in the district or

political subdivision of the officer or employee certifies under

seal that the signer has the official capacity and that the

signature is genuine;

3. A document purporting to be executed or attested in his

official capacity by a person authorized by the laws of a foreign

country to make the execution or attestation, and accompanied by a

final certification as to the genuineness of the signature and

official position:

a. of the executing or attesting person, or

b. of any foreign official whose certificate of

genuineness of signature and official position relates

to the execution or attestation or is in a chain of

certificates of genuineness or signature and official

position relating to the execution or attestation. A

final certification may be made by a secretary of

embassy or legation, consul general, consul, vice

consul or consular agent of the United States, or a

diplomatic or consular official of the foreign country

assigned or accredited to the United States. If

reasonable opportunity has been given to all parties

to investigate the authenticity and accuracy of

official documents, the court may, for good cause

shown, order that they be treated as presumptively

authentic without final certification or permit them

to be evidenced by an attested summary with or without

final certification;

4. A copy of an official record or report or entry therein, or

of a document authorized by law to be recorded or filed and actually

recorded or filed in a public office, including data compilations in

any form, certified as correct by the custodian or other person

authorized to make the certification, by certificate complying with

paragraph 1, 2 or 3 of this section or complying with any statute or

by rules prescribed by the Supreme Court pursuant to statutory

authority;

5. Books, pamphlets or other publications purporting to be

issued by public authority;

6. Printed materials purporting to be newspapers or

periodicals;

7. Inscriptions, signs, tags or labels purporting to have been

affixed in the course of business and indicating ownership, control

or origin;

Oklahoma Statutes - Title 12. Civil Procedure Page 489

8. Records accompanied by a certificate of acknowledgment under

the hand and the seal of a notary public or other officer authorized

by law to take acknowledgments;

9. Commercial paper, signatures thereon, and related records to

the extent provided by general commercial law;

10. Any signature, record or other matter declared by act of

the Legislature to be presumptively or prima facie genuine or

authentic;

11. The original or a duplicate of a domestic record of acts,

events, conditions, opinions, or diagnoses if:

a. the document is accompanied by a written declaration

under oath of the custodian of the record, or other

qualified individual that the record was made, at or

near the time of the occurrence of the matters set

forth by or from information transmitted by a person

having knowledge of those matters; was kept in the

course of the regularly conducted business activity;

and was made pursuant to the regularly conducted

activity,

b. the party intending to offer the record in evidence

gives notice of that intention to all adverse parties

and makes the record available for inspection

sufficiently in advance of its offer to provide the

adverse parties with a fair opportunity to challenge

the record, and

c. notice is given to the proponent, sufficiently in

advance of the offer to provide the proponent with a

fair opportunity to meet the objection or obtain the

testimony of a foundation witness, raising a genuine

question as to the trustworthiness or authenticity of

the record;

12. The original or a duplicate of a record from a foreign

country of acts, events, conditions, opinions, or diagnoses if:

a. the document is accompanied by a written declaration

under oath of the custodian of the record, or other

qualified individual that the record was made, at or

near the time of the occurrence of the matters set

forth by or from information transmitted by a person

having knowledge of those matters; was kept in the

course of a regularly conducted business activity; and

was made pursuant to the regularly conducted activity,

b. the party intending to offer the record in evidence

gives notice of that intention to all adverse parties

and makes the record available for inspection

sufficiently in advance of its offer to provide the

adverse parties with a fair opportunity to challenge

the record, and

Oklahoma Statutes - Title 12. Civil Procedure Page 490

c. notice is given to the proponent, sufficiently in

advance of the offer to provide the proponent with a

fair opportunity to meet the objection or obtain the

testimony of a foundation witness, raising a genuine

question as to the trustworthiness or authenticity of

the record;

13. Records generated by an electronic process or system that

produces an accurate result, as shown by a certification of a

qualified person that complies with the certification requirements

of paragraph 11 or 12 of this section. The proponent shall also

meet the notice requirements of paragraph 11 of this section; and

14. Data copied from an electronic device, storage medium, or

file, if authenticated by a process of digital identification, as

shown by a certification of a qualified person that complies with

the certification requirements of paragraph 11 or 12 of this

section. The proponent shall also meet the notice requirements of

paragraph 11 of this section.
Okla. Stat. tit. 12, § 12-584 — OK Code / Title 12 / Section 12-584
Retrial
Status: in_force

In all cases where the jury are discharged during the trial, or

after the cause is submitted to them, it may be tried again

immediately, or at a future time, as the court may direct.

R.L. 1910, § 5009.
Okla. Stat. tit. 12A, § 12A-3-411 — OK Code / Title 12A / Section 12A-3-411
Refusal to Pay Cashier's Checks, Teller's Checks, and
Status: in_force

Certified Checks.

REFUSAL TO PAY CASHIER'S CHECKS,

TELLER'S CHECKS, AND CERTIFIED CHECKS

(a) In this section, "obligated bank" means the acceptor of a

certified check or the issuer of a cashier's check or teller's check

bought from the issuer.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 312

(b) If the obligated bank wrongfully (i) refuses to pay a

cashier's check or certified check, (ii) stops payment of a teller's

check, or (iii) refuses to pay a dishonored teller's check, the

person asserting the right to enforce the check is entitled to

compensation for expenses and loss of interest resulting from the

nonpayment and may recover consequential damages if the obligated

bank refuses to pay after receiving notice of particular

circumstances giving rise to the damages.

(c) Expenses or consequential damages under subsection (b) of

this section are not recoverable if the refusal of the obligated

bank to pay occurs because (i) the bank suspends payments, (ii) the

obligated bank asserts a claim or defense of the bank that it has

reasonable grounds to believe is available against the person

entitled to enforce the instrument, (iii) the obligated bank has a

reasonable doubt whether the person demanding payment is the person

entitled to enforce the instrument, or (iv) payment is prohibited by

law.
Okla. Stat. tit. 12, § 12-1237 — OK Code / Title 12 / Section 12-1237
Possession by sheriff
Status: in_force

The court may order the sheriff to repossess himself, for the

purpose of selling it, of any of the attached property, which may

have passed out of his hands, without having been sold or converted

into money; and the sheriff shall, under such order, have the same

power to take the property as he would have under an order of

attachment.

R.L. 1910, § 4858.
Okla. Stat. tit. 12, § 12-612 — OK Code / Title 12 / Section 12-612
Reference of issues by consent of parties
Status: in_force

All or any of the issues in the action, whether of fact or of

law, or both, may be referred, upon the written consent of the

parties, or upon their oral consent in court, entered upon the

journal.

Oklahoma Statutes - Title 12. Civil Procedure Page 100

R.L. 1910, § 5018.
Okla. Stat. tit. 12, § 12-707 — OK Code / Title 12 / Section 12-707
Dismissal or default judgment against state - Necessity of
Status: in_force

proof of notice.

No order shall be made by any county, district or superior court

in this state dismissing, for want of prosecution, any action now

pending or hereafter filed, wherein the State of Oklahoma is an

interested party and in which the Attorney General or any assistant

Oklahoma Statutes - Title 12. Civil Procedure Page 123

Attorney General shall appear as attorney of record, for the state,

nor shall any judgment by default against the State of Oklahoma be

rendered by any such court in such action, unless proof is made

(that the Attorney General or assistant Attorney General appearing

as counsel for the state, shall have been notified) in writing by

registered mail, at least ten (10) days prior to the date set for

such trial or hearing that the action has been set for trial.
Okla. Stat. tit. 12A, § 12A-1-9-405 — OK Code / Title 12A / Section 12A-1-9-405
Modification of assigned contract
Status: in_force

MODIFICATION OF ASSIGNED CONTRACT

(a) A modification of or substitution for an assigned contract

is effective against an assignee if made in good faith. The

assignee acquires corresponding rights under the modified or

substituted contract. The assignment may provide that the

modification or substitution is a breach of contract by the

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 99

assignor. This subsection is subject to subsections (b) through (d)

of this section.

(b) Subsection (a) of this section applies to the extent that:

(1) the right to payment or a part thereof under an assigned

contract has not been fully earned by performance; or

(2) the right to payment or a part thereof has been fully

earned by performance and the account debtor has not received

notification of the assignment under subsection (a) of Section 1-9-

406 of this title.

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

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

individual and who incurred the obligation primarily for personal,

family, or household purposes.

(d) This section does not apply to an assignment of a health-

care-insurance receivable.
Okla. Stat. tit. 12, § 12-994.2 — OK Code / Title 12 / Section 12-994.2
Medicaid recovery - Oklahoma Health Care Authority
Status: in_force

recovery - Calculations.

A. Recovery against the party that received payment.

1. General rule. Medicaid reduces its recovery to take account

of the cost of procuring the judgment or settlement, as provided in

this section, if:

a. procurement costs are incurred because the claim is

disputed, and

b. those costs are borne by the party against which the

Oklahoma Health Care Authority seeks to recover.

2. Special rule. If the Oklahoma Health Care Authority must

file suit because the party that received payment opposes the

Authority's recovery, the recovery amount is as set forth in

subsection E of this section.

B. Recovery against the third-party payer. If the Oklahoma

Health Care Authority seeks recovery from the third-party payer, the

recovery amount will be no greater than the amount determined under

subsection C, D or E of this section.

C. Medicaid payments are less than the judgment or settlement

amount. If Medicaid payments are less than the judgment or

settlement amount, the recovery is computed as follows:

1. Determine the ratio of the procurement costs to the total

judgment or settlement payment;

2. Apply the ratio to the Medicaid payment. The product is the

Medicaid share of procurement costs;

3. Subtract the Medicaid share of procurement costs from the

Medicaid payments. The remainder is the Medicaid recovery amount.

D. Medicaid payments equal or exceed the judgment or settlement

amount. If Medicaid payments equal or exceed the judgment or

settlement amount, the recovery amount is the total judgment or

settlement payment minus the total procurement costs.

E. The Oklahoma Health Care Authority incurs procurement costs

because of opposition to its recovery. If the Oklahoma Health Care

Authority must bring suit against the party that received payment

because that party opposes the Authority's recovery, the recovery

amount is the lower of the following:

1. Medicaid payment; or

2. The total judgment or settlement amount, minus the party's

total procurement cost.

Oklahoma Statutes - Title 12. Civil Procedure Page 196

F. Medicaid recovery worksheet. The amount to be recovered

from the beneficiary is the amount Medicaid paid, less a

proportionate share of the costs of procuring the judgment or

settlement. The amount to be refunded is determined as follows:

If the Medicaid payment is less than the amount of judgment or

settlement:

a. determine the ratio of the Medicaid payments to the

total amount of the judgment or settlement,

b. apply this ratio to the costs of procuring the

judgment or settlement, including attorney fees, and

c. subtract the Medicaid share of procurement costs from

Medicaid payments. The remainder is the amount of

reimbursement to be refunded to the Medicaid Program.

Step 1:

$__________________ / $___________________ = ___________________

Medicaid Payment Judgment/Settlement Ratio

Carry out 6 digits

Step 2:

___________________ X $___________________ = ___________________

Ratio from Step 1 Procurement Costs Medicaid Share of

Carry out 6 digits Procurement Costs

Step 3:

$__________________ - $___________________ = ___________________

Medicaid Payment Medicaid Share of Refund to Medicare

Procurement Costs

G. If the Medicaid payments equal or exceed the amount of the

judgment or settlement, subtract the total procurement costs from

the judgment or settlement. The remainder is the amount of

reimbursement to be refunded to the Medicaid Program. The

individual will not be required to refund more than the liability

insurance payment minus the procurement costs.

$__________________ - $___________________ = $__________________

Judgment/Settlement Procurement Costs Refund

H. The Oklahoma Health Care Authority is authorized to seek

from the Centers for Medicare and Medicaid Services any waivers or

amendments to existing waivers or to amend the state Medicaid plan

in order to accomplish the purposes outlined in this section.
Okla. Stat. tit. 12A, § 12A-1-9-507 — OK Code / Title 12A / Section 12A-1-9-507
Effect of certain events on effectiveness of
Status: in_force

financing statement.

EFFECT OF CERTAIN EVENTS ON

EFFECTIVENESS OF FINANCING STATEMENT

(a) A filed financing statement remains effective with respect

to collateral that is sold, exchanged, leased, licensed, or

otherwise disposed of and in which a security interest or

agricultural lien continues, even if the secured party knows of or

consents to the disposition.

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

section and Section 1-9-508 of this title, a financing statement is

not rendered ineffective if, after the financing statement is filed,

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 111

the information provided in the financing statement becomes

seriously misleading under Section 1-9-506 of this title.

(c) If the name that a filed financing statement provides for a

debtor becomes insufficient as the name of the debtor under

subsection (a) of Section 1-9-503 of this title so that the

financing statement becomes seriously misleading under Section 1-9-

506 of this title:

(1) the financing statement is effective to perfect a security

interest in collateral acquired by the debtor before, or within four

(4) months after, the filed financing statement becomes seriously

misleading; and

(2) the financing statement is not effective to perfect a

security interest in collateral acquired by the debtor more than

four (4) months after the filed financing statement becomes

seriously misleading, unless an amendment to the financing statement

which renders the financing statement not seriously misleading is

filed within four (4) months after that event.
Okla. Stat. tit. 12, § 12-1578 — OK Code / Title 12 / Section 12-1578
Exception to sureties
Status: in_force

The plaintiff may, within twenty-four (24) hours from the time

the undertaking referred to in Section 1577 of this title is given

by the defendant, give notice as hereinafter required that he

excepts to the sufficiency of the sureties. In the event plaintiff

excepts to the sufficiency of the defendant's sureties, said

plaintiff will file written exceptions and notice in the district

court in the case involved, and the court shall set a day for

hearing said exceptions, provided, however, after notice of

plaintiff's exceptions have been given to the defendant, he shall

have five (5) days within which to except to the sufficiency of

plaintiff's sureties on the undertaking required of the plaintiff by

Section 1573 above, and if a hearing is held on the exception by

either party, the bonds of both shall be subject to scrutiny and a

decision made upon each by the district court at the same hearing.

If plaintiff or defendant fails to except, he shall be deemed to

have waived all objections to the sufficiency of the sureties

involved. If either party excepts, the sureties must justify, upon

notice, as bail in criminal cases.

R.L. 1910, § 4805. Amended by Laws 1986, c. 69, § 1, emerg. eff.

March 25, 1968.
Okla. Stat. tit. 12, § 12-832 — OK Code / Title 12 / Section 12-832
Joint tort-feasors - Contribution - Indemnity - Exemptions
Status: in_force

- Release, covenant not to sue, etc.

A. When two or more persons become jointly or severally liable

in tort for the same injury to person or property or for the same

wrongful death, there is a right of contribution among them even

though judgment has not been recovered against all or any of them

except as provided in this section.

B. The right of contribution exists only in favor of a tort-

feasor who has paid more than their pro rata share of the common

liability, and the total recovery is limited to the amount paid by

the tort-feasor in excess of their pro rata share. No tort-feasor

is compelled to make contribution beyond their pro rata share of the

entire liability.

Oklahoma Statutes - Title 12. Civil Procedure Page 163

C. There is no right of contribution in favor of any tort-

feasor who has intentionally caused or contributed to the injury or

wrongful death.

D. A tort-feasor who enters into a settlement with a claimant

is not entitled to recover contribution from another tort-feasor

whose liability for the injury or wrongful death is not extinguished

by the settlement nor in respect to any amount paid in a settlement

which is in excess of what was reasonable.

E. A liability insurer which by payment has discharged, in full

or in part, the liability of a tort-feasor and has thereby

discharged in full its obligation as insurer, is subrogated to the

tort-feasor's right of contribution to the extent of the amount it

has paid in excess of the tort-feasor's pro rata share of the common

liability. This provision does not limit or impair any right of

subrogation arising from any other relationship.

F. This act does not impair any right of indemnity under

existing law. When one tort-feasor is entitled to indemnity from

another, the right of the indemnity obligee is for indemnity and not

contribution, and the indemnity obligor is not entitled to

contribution from the obligee for any portion of the indemnity

obligation.

G. This act shall not apply to breaches of trust or of other

fiduciary obligation.

H. When a release, covenant not to sue, or a similar agreement

is given in good faith to one of two or more persons liable in tort

for the same injury or the same wrongful death:

1. It does not discharge any other tort-feasor from liability

for the injury or wrongful death unless the other tort-feasor is

specifically named; but it reduces the claim against others to the

extent of any amount stipulated by the release or the covenant, or

in the amount of the consideration paid for it, whichever is

greater; and

2. It discharges the tort-feasor to whom it is given from all

liability for contribution to any other tort-feasor.
Okla. Stat. tit. 12A, § 12A-1-9-504 — OK Code / Title 12A / Section 12A-1-9-504
Indication of collateral
Status: in_force

INDICATION OF COLLATERAL

A financing statement sufficiently indicates the collateral that

it covers if the financing statement provides:

(1) a description of the collateral pursuant to Section 1-9-108

of this title; or

(2) an indication that the financing statement covers all

assets or all personal property.
Okla. Stat. tit. 12, § 12-2010 — OK Code / Title 12 / Section 12-2010
Form of pleadings
Status: in_force

FORM OF PLEADINGS

A. CAPTION; NAMES OF PARTIES. Every pleading shall contain a

caption setting forth the name of the court, the title of the

action, the file number, and a designation as in subsection A of

Section 7 of this act. In the petition the title of the action

shall include the names of all the parties, but in other pleadings

it is sufficient to state the name of the first party on each side

with an appropriate indication of other parties. In a third-party

petition the title of the action shall include the names of the

parties to the third-party action; a counterclaim and a cross-claim

shall include the names of the claimants and the parties against

whom the claim is asserted; and a motion and petition in

Oklahoma Statutes - Title 12. Civil Procedure Page 404

intervention shall include the names of the intervenors and the

adverse parties. When a party is suing or being sued in a

representative capacity, this should be stated in the title of the

action.

B. PARAGRAPHS; SEPARATE STATEMENTS. All averments of claim or

defense shall be made in numbered paragraphs, the contents of each

of which shall be limited as far as practicable to a statement of a

single set of circumstances; and a paragraph may be referred to by

number in all succeeding pleadings. Each claim founded upon a

separate transaction or occurrence and each defense other than

denials shall be stated in a separate count or defense whenever a

separation facilitates the clear presentation of the matters set

forth.

C. ADOPTION BY REFERENCE; EXHIBITS. Statements in a pleading

may be adopted by reference in a different part of the same pleading

or in another pleading or in any motion. A copy of any written

instrument which is an exhibit to a pleading is a part thereof for

all purposes.
Okla. Stat. tit. 12, § 12-811 — OK Code / Title 12 / Section 12-811
Action for officer's neglect or refusal - Notice
Status: in_force

A. If any sheriff or other officer shall refuse or neglect to

execute any writ of execution to him directed, which has come to his

hands, or shall neglect or refuse to sell any goods and chattels,

lands and tenements; or shall neglect to call an inquest and return

a copy thereof forthwith, to the clerk's office, or shall neglect to

return any writ of execution to the proper court on or before the

return day thereof, or shall neglect to return a just and perfect

inventory of all and singular the goods and chattels by him taken in

execution, unless the said sheriff or other officer shall return

that he has levied and made the amount of the debt, damages and

costs; or shall refuse or neglect, on demand, to pay over to the

plaintiff, his agent or attorney of record, all monies by him

collected or received for the use of said party at any time after

collecting or receiving the same, except as provided in Section 765

of this title, or shall neglect or refuse, on demand made by the

defendant, his agent or attorney of record, to pay over all monies

by him received for any sale made, beyond what is sufficient to

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

Oklahoma Statutes - Title 12. Civil Procedure Page 160

costs, the party aggrieved by the alleged neglect or refusal may

file an action in district court to recover damages sustained.

B. Before an aggrieved party shall proceed in an action

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

the sheriff, detailing the alleged act or acts of negligence or

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

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

district court. The sheriff or other officer shall have twenty (20)

days from receipt of notice to perform the act which is the basis

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

for failure to do so. If the sheriff performs the act required

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

authorized.

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

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

purchased. Proof of service of notice required by this subsection

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

R.L. 1910, § 5180. Amended by Laws 1990, c. 185, § 1, eff. Sept. 1,

1990.
Okla. Stat. tit. 12A, § 12A-15-113 — OK Code / Title 12A / Section 12A-15-113
Admissibility in evidence
Status: in_force

ADMISSIBILITY IN EVIDENCE

In a proceeding, evidence of a record or signature may not be

excluded solely because it is in electronic form.
Okla. Stat. tit. 12, § 12-552 — OK Code / Title 12 / Section 12-552
How issues arise - Kinds of issues
Status: in_force

Issues arise on the pleadings, where a fact or conclusion of law

is maintained by one party, and controverted by the other. There

are two kinds: First, of law. Second, of fact.

R.L. 1910, § 4989.
Okla. Stat. tit. 12, § 12-3008 — OK Code / Title 12 / Section 12-3008
Functions of judge and jury
Status: in_force

When the admissibility of other evidence of contents of a record

depends upon the fulfillment of a condition of fact, the question

whether the condition has been fulfilled is ordinarily for the court

to determine in accordance with the provisions of Section 2104 of

this title. However, when an issue is raised questioning:

1. Whether the asserted record ever existed;

2. Whether another record produced at the trial is the

original; or

3. Whether other evidence of contents correctly reflects the

contents;

the issue is for the trier of fact to determine.

Oklahoma Statutes - Title 12. Civil Procedure Page 493
Okla. Stat. tit. 12A, § 12A-2A-401 — OK Code / Title 12A / Section 12A-2A-401
Insecurity; adequate assurance of performance
Status: in_force

INSECURITY; ADEQUATE ASSURANCE OF PERFORMANCE

(1) A lease contract imposes an obligation on each party that

the other's expectation of receiving due performance will not be

impaired.

(2) If reasonable grounds for insecurity arise with respect to

the performance of either party, the insecure party may demand in

writing adequate assurance of due performance. Until the insecure

party receives that assurance, if commercially reasonable the

insecure party may suspend any performance for which he has not

already received the agreed return.

(3) A repudiation of the lease contract occurs if assurance of

due performance adequate under the circumstances of the particular

case is not provided to the insecure party within a reasonable time,

not to exceed thirty (30) days after receipt of a demand by the

other party.

(4) Between merchants, the reasonableness of grounds for

insecurity and the adequacy of any assurance offered must be

determined according to commercial standards.

(5) Acceptance of any nonconforming delivery or payment does

not prejudice the aggrieved party's right to demand adequate

assurance of future performance.
Okla. Stat. tit. 12A, § 12A-5-110 — OK Code / Title 12A / Section 12A-5-110
Warranties
Status: in_force

Warranties.

(a) If its presentation is honored, the beneficiary warrants:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 388

(1) To the issuer, any other person to whom presentation

is made, and the applicant that there is no fraud or

forgery of the kind described in subsection (a) of

Section 5-109 of this title; and

(2) To the applicant that the drawing does not violate any

agreement between the applicant and beneficiary or any

other agreement intended by them to be augmented by

the letter of credit.

(b) The warranties in subsection (a) of this section are in

addition to warranties arising under Articles III, IV, VII and VIII

of this title because of the presentation or transfer of documents

covered by any of those articles.
Okla. Stat. tit. 12A, § 12A-4A-405 — OK Code / Title 12A / Section 12A-4A-405
Payment by beneficiary's bank to beneficiary
Status: in_force

PAYMENT BY BENEFICIARY'S BANK TO BENEFICIARY

(a) If the beneficiary's bank credits an account of the

beneficiary of a payment order, payment of the bank's obligation

under subsection (a) of Section 29 of this act occurs when and to

the extent (i) the beneficiary is notified of the right to withdraw

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 375

the credit, (ii) the bank lawfully applies the credit to a debt of

the beneficiary, or (iii) funds with respect to the order are

otherwise made available to the beneficiary by the bank.

(b) If the beneficiary's bank does not credit an account of the

beneficiary of a payment order, the time when payment of the bank's

obligation under subsection (a) of Section 29 of this act occurs is

governed by principles of law that determine when an obligation is

satisfied.

(c) Except as stated in subsections (d) and (e) of this

section, if the beneficiary's bank pays the beneficiary of a payment

order under a condition to payment or agreement of the beneficiary

giving the bank the right to recover payment from the beneficiary if

the bank does not receive payment of the order, the condition to

payment or agreement is not enforceable.

(d) A funds-transfer system rule may provide that payments made

to beneficiaries of funds transfers made through the system are

provisional until receipt of payment by the beneficiary's bank of

the payment order it accepted. A beneficiary's bank that makes a

payment that is provisional under the rule is entitled to refund

from the beneficiary if (i) the rule requires that both the

beneficiary and the originator be given notice of the provisional

nature of the payment before the funds transfer is initiated, (ii)

the beneficiary, the beneficiary's bank and the originator's bank

agreed to be bound by the rule, and (iii) the beneficiary's bank did

not receive payment of the payment order that it accepted. If the

beneficiary is obliged to refund payment to the beneficiary's bank,

acceptance of the payment order by the beneficiary's bank is

nullified and no payment by the originator of the funds transfer to

the beneficiary occurs under Section 31 of this act.

(e) This subsection applies to a funds transfer that includes a

payment order transmitted over a funds-transfer system that (i) nets

obligations multilaterally among participants, and (ii) has in

effect a loss-sharing agreement among participants for the purpose

of providing funds necessary to complete settlement of the

obligations of one or more participants that do not meet their

settlement obligations. If the beneficiary's bank in the funds

transfer accepts a payment order and the system fails to complete

settlement pursuant to its rules with respect to any payment order

in the funds transfer, (i) the acceptance by the beneficiary's bank

is nullified and no person has any right or obligation based on the

acceptance, (ii) the beneficiary's bank is entitled to recover

payment from the beneficiary, (iii) no payment by the originator to

the beneficiary occurs under Section 31 of this act, and (iv)

subject to subsection (e) of Section 27 of this act, each sender in

the funds transfer is excused from its obligation to pay its payment

order under subsection (c) of Section 27 of this act because the

funds transfer has not been completed.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 376
Okla. Stat. tit. 12, § 12-1451 — OK Code / Title 12 / Section 12-1451
By and to whom writ issued - Function
Status: in_force

The writ of mandamus may be issued by the Supreme Court or the

district court, or any justice or judge thereof, during term, or at

chambers, to any inferior tribunal, corporation, board or person, to

compel the performance of any act which the law specially enjoins as

a duty, resulting from an office, trust or station; but though it

may require an inferior tribunal to exercise its judgment or proceed

to the discharge of any of its functions, it cannot control judicial

discretion.
Okla. Stat. tit. 12A, § 12A-1-9-317 — OK Code / Title 12A / Section 12A-1-9-317
Interests that take priority over or take free of
Status: in_force

security interest or agricultural lien.

INTERESTS THAT TAKE PRIORITY OVER OR TAKE FREE

OF SECURITY INTEREST OR AGRICULTURAL LIEN

(a) A security interest or agricultural lien is subordinate to

the rights of:

(1) a person entitled to priority under Section 1-9-322 of this

title; and

(2) except as otherwise provided in subsection (e) of this

section, a person that becomes a lien creditor before the earlier of

the time:

(A) the security interest or agricultural lien is

perfected; or

(B) one of the conditions specified in paragraph (3) of

subsection (b) of Section 1-9-203 of this title is met

and a financing statement covering the collateral is

filed.

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

section, a buyer, other than a secured party, of goods, instruments,

tangible documents, or a certificated security takes free of a

security interest or agricultural lien if the buyer gives value and

receives delivery of the collateral without knowledge of the

security interest or agricultural lien and before it is perfected.

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

section, a lessee of goods takes free of a security interest or

agricultural lien if the lessee gives value and receives delivery of

the collateral without knowledge of the security interest or

agricultural lien and before it is perfected.

(d) Subject to subsections (f) through (i) of this section, a

licensee of a general intangible or a buyer, other than a secured

party, of collateral other than goods, instruments, tangible

documents, or a certificated security takes free of a security

interest if the licensee or buyer gives value without knowledge of

the security interest and before it is perfected.

(e) Except as otherwise provided in Sections 1-9-320 and 1-9-

321 of this title, if a person files a financing statement with

respect to a purchase-money security interest before or within

twenty (20) days after the debtor receives delivery of the

collateral, the security interest takes priority over the rights of

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 70

a buyer, lessee, or lien creditor which arise between the time the

security interest attaches and the time of filing.

(f) A buyer, other than a secured party, of chattel paper takes

free of a security interest if, without knowledge of the security

interest and before it is perfected, the buyer gives value and:

(1) receives delivery of each authoritative tangible copy of

the record evidencing the chattel paper; and

(2) if each authoritative electronic copy of the record

evidencing the chattel paper can be subjected to control under

Section 1-9-105 of this title, obtains control of each authoritative

electronic copy.

(g) A buyer of an electronic document takes free of a security

interest if, without knowledge of the security interest and before

it is perfected, the buyer gives value and, if each authoritative

electronic copy of the document can be subjected to control under

Section 7-106 of this title, obtains control of each authoritative

electronic copy.

(h) A buyer of a controllable electronic record takes free of a

security interest if, without knowledge of the security interest and

before it is perfected, the buyer gives value and obtains control of

the controllable electronic record.

(i) A buyer, other than a secured party, of a controllable

account or a controllable payment intangible takes free of a

security interest if, without knowledge of the security interest and

before it is perfected, the buyer gives value and obtains control of

the controllable account or controllable payment intangible.
Okla. Stat. tit. 12, § 12-52 — OK Code / Title 12 / Section 12-52
Appointment of substitute for sheriff
Status: in_force

The court or judge, or any clerk in the absence of the judge

from the county, for good cause, may appoint a person to serve a

particular process or order, who shall have the same power to

execute it which the sheriff has. The person may be appointed on

the application of the party obtaining the process or order, and the

return must be verified by affidavit. He shall be entitled to the

same fees allowed to the sheriff for similar services.

R.L. 1910, § 5320.
Okla. Stat. tit. 12, § 12-3322 — OK Code / Title 12 / Section 12-3322
Relation to Electronic Signatures in Global and National
Status: in_force

Commerce Act.

RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL

COMMERCE ACT.

This act modifies, limits, and supersedes the federal Electronic

Signatures in Global and National Commerce Act, 15 U.S.C., Section

7001 et seq., but does not modify, limit, or supersede Section

101(c) of that act, 15 U.S.C., Section 7001(c), or authorize

electronic delivery of any of the notices described in Section

103(b) of that act, 15 U.S.C., Section 7003(b).
Okla. Stat. tit. 12A, § 12A-3-309 — OK Code / Title 12A / Section 12A-3-309
Enforcement of Lost, Destroyed, or Stolen Instrument
Status: in_force

ENFORCEMENT OF LOST, DESTROYED, OR STOLEN INSTRUMENT

(a) A person not in possession of an instrument is entitled to

enforce the instrument if:

(1) the person seeking to enforce the instrument:

(A) was entitled to enforce the instrument when loss

of possession occurred; or

(B) has directly or indirectly acquired ownership of

the instrument from a person who was entitled to

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 302

enforce the instrument when loss of possession

occurred;

(2) the loss of possession was not the result of a

transfer by the person or a lawful seizure; and

(3) the person cannot reasonably obtain possession of the

instrument because the instrument was destroyed, its

whereabouts cannot be determined, or it is in the

wrongful possession of an unknown person or a person

that cannot be found or is not amenable to service of

process.

(b) A person seeking enforcement of an instrument under

subsection (a) of this section must prove the terms of the

instrument and the person's right to enforce the instrument. If

that proof is made, Section 3-308 of this title applies to the case

as if the person seeking enforcement had produced the instrument.

The court may not enter judgment in favor of the person seeking

enforcement unless it finds that the person required to pay the

instrument is adequately protected against loss that might occur by

reason of a claim by another person to enforce the instrument.

Adequate protection may be provided by any reasonable means.
Okla. Stat. tit. 12, § 12-1600.9 — OK Code / Title 12 / Section 12-1600.9
Renumbered as § 309 of Title 43 by Laws 1990, c. 188, §
Status: in_force

3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12A, § 12A-3-102 — OK Code / Title 12A / Section 12A-3-102
Subject Matter
Status: in_force

SUBJECT MATTER

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 280

(a) This article applies to negotiable instruments. It does

not apply to money, to payment orders governed by Article 4A of this

title, or to securities governed by Article 8 of this title.

(b) If there is conflict between this article and Article 4 or

9, Articles 4 and 9 govern.

(c) Regulations of the Board of Governors of the Federal

Reserve System and operating circulars of the Federal Reserve Banks

supercede any inconsistent provision of this article to the extent

of the inconsistency.
Okla. Stat. tit. 12, § 12-1701.05 — OK Code / Title 12 / Section 12-1701.05
Hearing in another forum - Stay or dismissal of
Status: in_force

action.

When the court finds that in the interest of substantial justice

the action or proceeding should be heard in another forum, the court

may stay or dismiss the action in whole or in part on any conditions

that may be just.
Okla. Stat. tit. 12A, § 12A-1-9-519 — OK Code / Title 12A / Section 12A-1-9-519
Numbering, maintaining, and indexing records;
Status: in_force

communicating information provided in records.

NUMBERING, MAINTAINING, AND INDEXING RECORDS;

COMMUNICATING INFORMATION PROVIDED IN RECORDS

(a) For each record filed in a filing office, the filing office

shall:

(1) assign a unique number to the filed record;

(2) create a record that bears the number assigned to the filed

record and the date and time of filing;

(3) maintain the filed record for public inspection; and

(4) index the filed record in accordance with subsections (c),

(d), and (e) of this section.

(b) A file number assigned by the county clerk of Oklahoma

County after July 1, 2001, must include a digit that:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 120

(1) is mathematically derived from or related to the other

digits of the file number; and

(2) aids the filing office in determining whether a number

communicated as the file number includes a single-digit or

transpositional error.

(c) Except as otherwise provided in subsections (d) and (e) of

this section, the filing office shall:

(1) index an initial financing statement according to the name

of the debtor and shall index all filed records relating to the

initial financing statement in a manner that associates with one

another an initial financing statement and all filed records

relating to the initial financing statement; and

(2) index a record that provides a name of a debtor which was

not previously provided in the financing statement to which the

record relates also according to the name that was not previously

provided.

(d) If a financing statement is filed as a fixture filing or

covers as-extracted collateral or timber to be cut, it must be filed

for record and the filing office shall index it:

(1) under the names of the debtor and of each owner of record

shown on the financing statement as if they were the mortgagors

under a mortgage of the real property described; and

(2) to the extent that the law of this state provides for

indexing of records of mortgages under the name of the mortgagee,

under the name of the secured party as if the secured party were the

mortgagee thereunder, or, if indexing is by description, as if the

financing statement were a record of a mortgage of the real property

described.

(e) If a financing statement is filed as a fixture filing or

covers as-extracted collateral or timber to be cut, the filing

office shall index an assignment filed under subsection (a) of

Section 1-9-514 of this title or an amendment filed under subsection

(b) of Section 1-9-514 of this title:

(1) under the name of the assignor as grantor; and

(2) to the extent that the law of this state provides for

indexing a record of the assignment of a mortgage under the name of

the assignee, under the name of the assignee.

(f) The filing office shall maintain a capability:

(1) to retrieve a record by the name of the debtor and:

(A) if the filing office is described in paragraph (1) of

subsection (a) of Section 1-9-501 of this title, by

the file number assigned to the initial financing

statement to which the record relates, the date that

the record was filed or recorded, and the legal

description of the real estate adequate for the

purposes of indexing in the tract indexes of the

county where the real estate is situated; or

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 121

(B) if the filing office is described in paragraph (2) of

subsection (a) of Section 1-9-501 of this title, by

the file number and date of the initial financing

statement to which the record relates; and

(2) to associate and retrieve with one another an initial

financing statement and each filed record relating to the initial

financing statement.

(g) The filing office may not remove a debtor’s name from the

index until one (1) year after the effectiveness of a financing

statement naming the debtor lapses under Section 1-9-515 of this

title with respect to all secured parties of record.

(h) The filing office shall perform the acts required by

subsections (a) through (e) of this section at the time and in the

manner prescribed by filing-office rule, but not later than two (2)

business days after the filing office receives the record in

question.

(i) Subsection (b) of this section does not apply to a filing

office described in paragraph (1) of subsection (a) of Section 1-9-

501 of this title.
Okla. Stat. tit. 12A, § 12A-4-503 — OK Code / Title 12A / Section 12A-4-503
Responsibility of Presenting Bank for Documents and
Status: in_force

Goods; Report of Reasons for Dishonor; Referee in Case of Need.

RESPONSIBILITY OF PRESENTING BANK FOR DOCUMENTS AND GOODS;

REPORT OF REASONS FOR DISHONOR; REFEREE IN CASE OF NEED

Unless otherwise instructed and except as provided in Article 5

of this title, a bank presenting a documentary draft:

(1) Must deliver the documents to the drawee on acceptance

of the draft if it is payable more than three (3) days

after presentment; otherwise, only on payment; and

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 353

(2) Upon dishonor, either in the case of presentment for

acceptance or presentment for payment, may seek and

follow instructions from any referee in case of need

designated in the draft or, if the presenting bank

does not choose to utilize the referee's services, it

must use diligence and good faith to ascertain the

reason for dishonor, must notify its transferor of the

dishonor and of the results of its effort to ascertain

the reasons therefor, and must request instructions.

However, the presenting bank is under no obligation with respect to

goods represented by the documents except to follow any reasonable

instructions seasonably received; it has a right to reimbursement

for any expense incurred in following instructions and to prepayment

of or indemnity for those expenses.
Okla. Stat. tit. 12, § 12-616 — OK Code / Title 12 / Section 12-616
Exceptions - Signature and return with report
Status: in_force

It shall be the duty of the referees to sign any true exceptions

taken to any order or decision by them made in the case, and return

the same, with their report, to the court making the reference.

R.L. 1910, § 5022.

Oklahoma Statutes - Title 12. Civil Procedure Page 101
Okla. Stat. tit. 12A, § 12A-2-507 — OK Code / Title 12A / Section 12A-2-507
Effect of Seller's Tender; Delivery on Condition
Status: in_force

1) Tender of delivery is a condition to the buyer's duty to

accept the goods and, unless otherwise agreed, to his duty to pay

for them. Tender entitles the seller to acceptance of the goods and

to payment according to the contract.

(2) Where payment is due and demanded on the delivery to the

buyer of goods or documents of title, his right as against the

seller to retain or dispose of them is conditional upon his making

the payment due.
Okla. Stat. tit. 12, § 12-848 — OK Code / Title 12 / Section 12-848
Evidence on inquiry - Witnesses
Status: in_force

Witnesses may be required, upon the order of the judge, to

appear and testify upon any proceedings herein provided in the same

manner as upon the trial of an issue.

R.L. 1910, § 5196. Amended by Laws 1965, c. 300, § 4.
Okla. Stat. tit. 12, § 12-1600.12 — OK Code / Title 12 / Section 12-1600.12
Renumbered as § 312 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12, § 12-1852 — OK Code / Title 12 / Section 12-1852
Definitions
Status: in_force

As used in the Uniform Arbitration Act:

1. “Arbitration organization” means an association, agency,

board, commission, or other entity that is neutral and initiates,

sponsors, or administers an arbitration proceeding or is involved in

the appointment of an arbitrator;

Oklahoma Statutes - Title 12. Civil Procedure Page 356

2. “Arbitrator” means an individual appointed to render an

award, alone or with others, in a controversy that is subject to an

agreement to arbitrate;

3. “Court” means any court of competent jurisdiction in this

state;

4. “Knowledge” means actual knowledge;

5. “Person” means an individual, corporation, business trust,

estate, trust, partnership, limited liability company, association,

joint venture, government, governmental subdivision, agency, or

instrumentality, public corporation, or any other legal or

commercial entity; and

6. “Record” means any information that is inscribed on a

tangible medium or that is stored in an electronic or other medium

and is retrievable in perceivable form.
Okla. Stat. tit. 12, § 12-27 — OK Code / Title 12 / Section 12-27
Clerk may collect judgment and costs
Status: in_force

Where there is no execution outstanding, the clerk of the court

in which the judgment was rendered may receive the amount of the

judgment and costs, and receipt therefor, with the same effect as if

the same had been paid to the sheriff on an execution; and the clerk

shall be liable to be amerced in the same manner and amount as a

sheriff for refusing to pay the same to the party entitled thereto,

when requested, and shall also be liable on his official bond.

R.L. 1910, § 5327.
Okla. Stat. tit. 12A, § 12A-1-9-502 — OK Code / Title 12A / Section 12A-1-9-502
Contents of financing statement; record of mortgage
Status: in_force

as financing statement; time of filing financing statement.

CONTENTS OF FINANCING STATEMENT; RECORD OF MORTGAGE AS

FINANCING STATEMENT; TIME OF FILING FINANCING STATEMENT

(a) Subject to subsection (b) of this section, a financing

statement is sufficient only if it:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 106

(1) provides the name of the debtor;

(2) provides the name of the secured party or a representative

of the secured party; and

(3) indicates the collateral covered by the financing

statement.

(b) Except as otherwise provided in subsection (b) of Section

1-9-501 of this title, to be sufficient, a financing statement that

covers as-extracted collateral or timber to be cut, or which is

filed as a fixture filing and covers goods that are or are to become

fixtures, must satisfy subsection (a) of this section and also:

(1) indicate that it covers this type of collateral;

(2) indicate that it is to be filed against the tract index in

the real property records;

(3) provide a description of the real property to which the

collateral is related; and

(4) if the debtor does not have an interest of record in the

real property, provide the name of a record owner.

(c) A record of a mortgage is effective, from the date of

recording as a financing statement filed as a fixture filing or as a

financing statement covering as-extracted collateral or timber to be

cut only if:

(1) the record indicates the goods or accounts that it covers;

(2) the goods are or are to become fixtures related to the real

property described in the record or the collateral is related to the

real property described in the record and is as-extracted collateral

or timber to be cut;

(3) the record satisfies the requirements for a financing

statement in this section, but:

(A) the record need not indicate that it is to be filed in

the real property records; and

(B) the record sufficiently provides the name of a debtor

who is an individual if it provides the individual

name of the debtor or the surname and first personal

name of the debtor, even if the debtor is an

individual to whom paragraph (4) of subsection (a) of

Section 1-9-503 of this title applies; and

(4) the record is duly recorded.

(d) A financing statement may be filed before a security

agreement is made or a security interest otherwise attaches.

(e) (1) No filing of a financing statement, continuation

statement, termination statement, or assignment or release of a

financing statement under the provisions of paragraph (1) of

subsection (a) of Section 1-9-501 of this title shall constitute

record notice of the contents thereof against any subsequent

purchaser or encumbrancer of real estate or any interest therein

unless the same contains a legal description of the real estate

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 107

adequate for the purposes of indexing in the tract indexes of the

county wherein the real estate is situated.

(2) It shall be the duty of the county clerk to cause all such

financing statements, continuation statements, termination

statements, or assignments or releases of financing statements

containing an adequate legal description to be recorded and indexed

in the records of said office in the same place and manner as a

mortgage on real estate or assignment or release thereof.

(3) To effectuate the provisions of Section 2A-309 of this

title, a lessor of goods that are or are to become fixtures may file

a fixture filing complying with that section, and filings related to

that fixture filing, using the terms "lessor," "lessee," or the like

instead of the terms specified in this part. The provisions of this

article relating to a fixture filing or a filing related to it shall

apply as appropriate in conjunction with the provisions of Article

2A of this title with respect to such filings.

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

section, a financing statement, or any filing related to it, that

complies with this section is sufficient and may be recorded and

shall be effective as a financing statement even though it does not

comply with the execution and acknowledgement requirements of

Section 15, 26, 93, 94, or 95 of Title 16 of the Oklahoma Statutes,

as amended, or other statutes, if any, of like import that would

impose requirements beyond those of the kind encompassed in this

section.
Okla. Stat. tit. 12A, § 12A-3-118 — OK Code / Title 12A / Section 12A-3-118
Statute of Limitations
Status: in_force

STATUTE OF LIMITATIONS

(a) Except as provided in subsection (e) of this section, an

action to enforce the obligation of a party to pay a note payable at

a definite time must be commenced within six (6) years after the due

date or dates stated in the note or, if a due date is accelerated,

within six (6) years after the accelerated due date.

(b) Except as provided in subsection (d) or (e) of this

section, if demand for payment is made to the maker of a note

payable on demand, an action to enforce the obligation of a party to

pay the note must be commenced within six (6) years after the

demand. If no demand for payment is made to the maker, an action to

enforce the note is barred if neither principal nor interest on the

note has been paid for a continuous period of ten (10) years.

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

action to enforce the obligation of a party to an unaccepted draft

to pay the draft must be commenced within three (3) years after

dishonor of the draft or ten (10) years after the date of the draft,

whichever period expires first.

(d) An action to enforce the obligation of the acceptor of a

certified check or the issuer of a teller's check, cashier's check,

or traveler's check must be commenced within three (3) years after

demand for payment is made to the acceptor or issuer, as the case

may be.

(e) An action to enforce the obligation of a party to a

certificate of deposit to pay the instrument must be commenced

within six (6) years after demand for payment is made to the maker,

but if the instrument states a due date and the maker is not

required to pay before that date, the six-year period begins when a

demand for payment is in effect and the due date has passed.

(f) An action to enforce the obligation of a party to pay an

accepted draft, other than a certified check, must be commenced (i)

within six (6) years after the due date or dates stated in the draft

or acceptance if the obligation of the acceptor is payable at a

definite time, or (ii) within six (6) years after the date of the

acceptance if the obligation of the acceptor is payable on demand.

(g) Unless governed by other law regarding claims for indemnity

or contribution, an action (i) for conversion of an instrument, for

money had and received, or like action based on conversion, (ii) for

breach of warranty, or (iii) to enforce an obligation, duty, or

right arising under this article and not governed by this section

must be commenced within three (3) years after the claim for relief

accrues.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 291
Okla. Stat. tit. 12, § 12-1554 — OK Code / Title 12 / Section 12-1554
Powers of receiver
Status: in_force

The receiver has, under the control of the court, power to bring

and defend actions in his own name, as receiver; to take and keep

possession of the property, to receive rents, to collect debts, to

compound for and compromise the same, to make transfers, and

generally to do such acts respecting the property as the courts may

authorize.

R.L. 1910, § 4982.
Okla. Stat. tit. 12, § 12-706.2 — OK Code / Title 12 / Section 12-706.2
Cash deposit on appeal from money judgment - Release of
Status: in_force

lien - Hearing.

In the event of an appeal from a money judgment granted by a

court of this state, the lien of such judgment, and any lien by

virtue of an attachment issued and levied in the action in which

such judgment was granted, shall cease when the judgment debtor or

debtors deposit with the clerk of the court in which such judgment

Oklahoma Statutes - Title 12. Civil Procedure Page 121

was granted cash sufficient to cover the whole amount of the

judgment, including interest, costs, and any attorney fees, together

with costs and interest on the appeal. This amount shall be

determined by court order upon application of the judgment debtor

indicating that such deposit is made to discharge the lien of the

judgment and any lien by virtue of an attachment issued and levied

in the action. The cash deposit shall be accompanied by the

statement of ownership required pursuant to Section 151.1 of Title

28 of the Oklahoma Statutes.

It shall be the duty of the judgment debtor to deliver the court

order of deposit to the court clerk, department head or supervisor.

Upon receipt of such a cash deposit, statement of ownership and an

order of the court directing deposit, it shall be the duty of the

court clerk to immediately record receipt of the order and the

amount of the cash deposit upon the appearance docket in the cause.

It also shall be the duty of the court clerk to place the cash

deposit in the court clerk’s official depository account and to hold

the deposit in an interest-bearing account, unless otherwise ordered

by the court, pending final determination of the action. The court

clerk shall mail notice of receipt of the cash deposit to counsel

for the judgment creditor or, if the judgment creditor is not

represented by counsel, to the judgment creditor at the last-known

address provided by the judgment debtor’s application. The notice

shall contain a statement that, if the judgment creditor does not

file with the court a response or objection to the cash deposit

within twenty (20) days after the mailing of the notice to the

judgment creditor, the judgment lien may be released. This

objection period shall not be extended because of mailing time or

for intervening weekends or holidays.

If no objection is filed with the court by the judgment creditor

within twenty (20) days after the mailing of the notice, the court

clerk, upon request of the judgment debtor, shall prepare a Release

of Judgment Lien for the judgment debtor on the form provided by the

Administrative Director of the Courts. Instructions shall be

printed on the Release of Judgment Lien advising the judgment debtor

to file the Release in the office of the county clerk of the county

in which the real estate is situated. The lien of the judgment upon

real estate of the judgment debtor in a county shall be released

when the Release of Judgment Lien is filed in the office of the

county clerk of that county. The judgment debtor making the deposit

shall pay all costs and recording fees relating to the release

procedure.

Upon final determination of the appeal, the court may order the

deposit together with accrued interest to be applied to any final

judgment granted against the depositor or depositors, and refund any

balance in excess of the judgment to the depositor or depositors.

In the event judgment against the depositor or depositors is

Oklahoma Statutes - Title 12. Civil Procedure Page 122

reversed in its entirety, the whole amount of the cash deposit

together with accrued interest shall be refunded to the depositor or

depositors.

A judgment debtor may also apply to the district court where the

judgment was rendered for an order releasing a judgment lien to

permit a particular transfer of property otherwise subject to the

judgment lien on such terms as the court deems proper for the

protection of the parties. Such a release of judgment lien may be

granted only upon notice to the judgment creditor and hearing, and

if granted the court shall endeavor to fully protect the rights of

the judgment creditor to the security otherwise afforded by the

judgment lien, for example, by determining the adequacy of

consideration for the property and directing that such consideration

be deposited into the court registry as security for the judgment.
Okla. Stat. tit. 12A, § 12A-3-408 — OK Code / Title 12A / Section 12A-3-408
Drawee Not Liable on Unaccepted Draft
Status: in_force

DRAWEE NOT LIABLE ON UNACCEPTED DRAFT

A check or other draft does not of itself operate as an

assignment of funds in the hands of the drawee available for its

payment, and the drawee is not liable on the instrument until the

drawee accepts it.
Okla. Stat. tit. 12, § 12-3318 — OK Code / Title 12 / Section 12-3318
Waiver and preclusion of privilege
Status: in_force

WAIVER AND PRECLUSION OF PRIVILEGE.

A. A privilege under Section 17 of this act may be waived in a

record or orally during a proceeding if it is expressly waived by

all parties and, in the case of the privilege of a nonparty

participant, it is also expressly waived by the nonparty

participant.

B. A person that makes a disclosure or representation about a

collaborative law communication which prejudices another person in a

proceeding may not assert a privilege under Section 17 of this act,

but this preclusion applies only to the extent necessary for the

person prejudiced to respond to the disclosure or representation.
Okla. Stat. tit. 12, § 12-1031 — OK Code / Title 12 / Section 12-1031
District court - Power to vacate or modify its judgments,
Status: in_force

when.

The district court shall have power to vacate or modify its own

judgments or orders within the times prescribed hereafter:

1. By granting a new trial for the cause, within the time and

in the manner prescribed in Sections 651 through 655 of this title;

2. As authorized in subsection C of Section 2004 of this title

where the defendant had no actual notice of the pendency of the

action at the time of the filing of the judgment or order;

3. For mistake, neglect, or omission of the clerk or

irregularity in obtaining a judgment or order;

4. For fraud, practiced by the successful party, in obtaining a

judgment or order;

5. For erroneous proceedings against an infant, or a person of

unsound mind, where the condition of such defendant does not appear

in the record, nor the error in the proceedings;

6. For the death of one of the parties before the judgment in

the action;

7. For unavoidable casualty or misfortune, preventing the party

from prosecuting or defending;

8. For errors in a judgment, shown by an infant in twelve (12)

months after arriving at full age, as prescribed in Section 700 of

this title; or

9. For taking judgments upon warrants of attorney for more than

was due to the plaintiff, when the defendant was not summoned or

otherwise legally notified of the time and place of taking such

judgment.

R.L. 1910, Section 5267. Amended by Laws 1969, c. 304, § 3, emerg.

eff. April 28, 1969; Laws 1999, c. 293, § 9, eff. Nov. 1, 1999.
Okla. Stat. tit. 12, § 12-853 — OK Code / Title 12 / Section 12-853
Sale of equitable interests in realty
Status: in_force

If it shall appear that the judgment debtor has any equitable

interest in real estate in the county in which proceedings are had,

as mortgagor or mortgagee, or otherwise, and the interest of said

debtor can be ascertained as between himself and the person or

persons holding the legal estate, or the person or persons having a

lien on or interest in the same, without controversy as to the

interest of such person or persons holding such legal estate or

interest therein, or lien on the same, the receiver may be ordered

to sell and convey such real estate, or the debtor's interest

therein. Such sale shall be conducted in all respects in the same

manner as is provided by this code for the sale of real estate upon

execution; and the proceedings of the sale shall, before the

execution of the deed, be approved by the court in which the

judgment was rendered, or the transcript has been filed as

aforesaid, as in case of sale upon execution.

R.L. 1910, § 5201.
Okla. Stat. tit. 12, § 12-100 — OK Code / Title 12 / Section 12-100
Limitation of new action after reversal or failure
Status: in_force

otherwise than on merits.

If any action is commenced within due time, and a judgment

thereon for the plaintiff is reversed, or if the plaintiff fail in

such action otherwise than upon the merits, the plaintiff, or, if he

should die, and the cause of action survive, his representatives may

commence a new action within one (1) year after the reversal or

failure although the time limit for commencing the action shall have

expired before the new action is filed.

R.L. 1910, § 4662. Amended by Laws 1975, c. 44, § 1, emerg. eff.

March 31, 1975.
Okla. Stat. tit. 12, § 12-718.1 — OK Code / Title 12 / Section 12-718.1
Short title
Status: in_force

This act shall be known and may be cited as the "Uniform

Foreign-Country Money Judgments Recognition Act".
Okla. Stat. tit. 12, § 12-751 — OK Code / Title 12 / Section 12-751
Levy on goods and chattels, then on realty - Sale of lands
Status: in_force

subject to liens - Appraisement.

The officer to whom a writ of execution is delivered, shall

proceed immediately to levy the same upon the goods and chattels of

the debtor; but if no goods and chattels can be found, the officer

shall endorse on the writ of execution, "No goods," and forthwith

levy the writ of execution upon the lands and tenements of the

debtor, which may be liable to satisfy the judgment; and if any of

the lands and tenements of the debtor which may be liable shall be

encumbered by a mortgage or any other lien or liens, such lands and

tenements may be levied upon and appraised. If the appraisal

reveals any equity in excess of such mortgage or liens, the lands

and tenements may be sold, subject to such mortgage or liens, stated

Oklahoma Statutes - Title 12. Civil Procedure Page 147

in the appraisal. If the appraisal reveals no equity, the lands and

tenements of the debtor shall not be sold.

R.L. 1910, § 5156. Amended by Laws 1985, c. 277, § 10, eff. Nov. 1,

1985.
Okla. Stat. tit. 12, § 12-1854 — OK Code / Title 12 / Section 12-1854
Date of applicability
Status: in_force

A. The Uniform Arbitration Act governs an agreement to

arbitrate made on or after January 1, 2006.

B. The Uniform Arbitration Act governs an agreement to

arbitrate made before January 1, 2006, if all the parties to the

agreement or to the arbitration proceeding so agree in a record.

C. Beginning January 1, 2006, the Uniform Arbitration Act

governs an agreement to arbitrate whenever made.
Okla. Stat. tit. 12A, § 12A-4A-205 — OK Code / Title 12A / Section 12A-4A-205
Erroneous payment orders
Status: in_force

ERRONEOUS PAYMENT ORDERS

(a) If an accepted payment order was transmitted pursuant to a

security procedure for the detection of error and the payment order

(i) erroneously instructed payment to a beneficiary not intended by

the sender, (ii) erroneously instructed payment in an amount greater

than the amount intended by the sender, or (iii) was an erroneously

transmitted duplicate of a payment order previously sent by the

sender, the following rules apply:

(1) If the sender proves that the sender or a person acting on

behalf of the sender pursuant to Section 14 of this act complied

with the security procedure and that the error would have been

detected if the receiving bank had also complied, the sender is not

obliged to pay the order to the extent stated in paragraphs (2) and

(3) of this subsection.

(2) If the funds transfer is completed on the basis of an

erroneous payment order described in clause (i) or (iii) of

subsection (a) of this section, the sender is not obliged to pay the

order and the receiving bank is entitled to recover from the

beneficiary any amount paid to the beneficiary to the extent allowed

by the law governing mistake and restitution.

(3) If the funds transfer is completed on the basis of a

payment order described in clause (ii) of subsection (a) of this

section, the sender is not obliged to pay the order to the extent

the amount received by the beneficiary is greater than the amount

intended by the sender. In that case, the receiving bank is

entitled to recover from the beneficiary the excess amount received

to the extent allowed by the law governing mistake and restitution.

(b) If (i) the sender of an erroneous payment order described

in subsection (a) of this section is not obliged to pay all or part

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 361

of the order, and (ii) the sender receives notification from the

receiving bank that the order was accepted by the bank or that the

sender's account was debited with respect to the order, the sender

has a duty to exercise ordinary care, on the basis of information

available to the sender, to discover the error with respect to the

order and to advise the bank of the relevant facts within a

reasonable time, not exceeding ninety (90) days, after the bank's

notification was received by the sender. If the bank proves that

the sender failed to perform that duty, the sender is liable to the

bank for the loss the bank proves it incurred as a result of the

failure, but the liability of the sender may not exceed the amount

of the sender's order.

(c) This section applies to amendments to payment orders to the

same extent it applies to payment orders.
Okla. Stat. tit. 12A, § 12A-2-312 — OK Code / Title 12A / Section 12A-2-312
Warranty of Title and Against Infringement; Buyer's
Status: in_force

Obligation Against Infringement.

(1) Subject to subsection (2) there is in a contract for sale a

warranty by the seller that

(a) the title conveyed shall be good, and its transfer

rightful; and

(b) the goods shall be delivered free from any security

interest or other lien or encumbrance of which the buyer at the time

of contracting has no knowledge.

(2) A warranty under subsection (1) will be excluded or

modified only by specific language or by circumstances which give

the buyer reason to know that the person selling does not claim

title in himself or that he is purporting to sell only such right or

title as he or a third person may have.

(3) Unless otherwise agreed a seller who is a merchant

regularly dealing in goods of the kind warrants that the goods shall

be delivered free of the rightful claim of any third person by way

of infringement or the like but a buyer who furnishes specifications

to the seller must hold the seller harmless against any such claim

which arises out of compliance with the specifications.
Okla. Stat. tit. 12A, § 12A-12-101 — OK Code / Title 12A / Section 12A-12-101
Short title — Uniform Commercial Code — Controllable
Status: in_force

Electronic Records.

SHORT TITLE

This article, Sections 92 through 97 of this act, may be cited

as Uniform Commercial Code – Controllable Electronic Records.
Okla. Stat. tit. 12, § 12-1146 — OK Code / Title 12 / Section 12-1146
New trial in action to recover real property
Status: in_force

In all actions for the recovery of real property one trial only

shall be granted as a matter of right, but the party against whom

the judgment is rendered may secure a new trial in the same manner

and for the same reasons as new trials are awarded in other civil

cases.

R.L. 1910, § 4932.
Okla. Stat. tit. 12, § 12-1456 — OK Code / Title 12 / Section 12-1456
Allowance and service - Neglect to return
Status: in_force

The allowance of the writ must be endorsed thereon, signed by

the judge of the court granting it, and the writ must be served

personally upon the defendant; if the defendant, duly served,

neglect to return the same, he shall be proceeded against as for

contempt.

R.L. 1910, § 4912.
Okla. Stat. tit. 12, § 12-3251 — OK Code / Title 12 / Section 12-3251
Definitions
Status: in_force

As used in this act:

1. "Foreign jurisdiction" means a state other than this state;

2. "Foreign subpoena" means a subpoena issued under authority

of a court of record of a foreign jurisdiction;

3. "Person" means an individual, corporation, business trust,

estate, trust, partnership, limited liability company, association,

joint venture, public corporation, government, or governmental

subdivision, agency or instrumentality, or any other legal or

commercial entity;

Oklahoma Statutes - Title 12. Civil Procedure Page 543

4. "State" means a state of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands, a federally

recognized Indian tribe or any territory or insular possession

subject to the jurisdiction of the United States; and

5. "Subpoena" means a document, however denominated, issued

under authority of a court of record requiring a person to:

a. attend and give testimony at a deposition,

b. produce and permit inspection and copying of

designated books, documents, records, electronically

stored information or tangible things in the

possession, custody or control of the person, or

c. permit inspection of premises under the control of the

person.
Okla. Stat. tit. 12, § 12-1600.24 — OK Code / Title 12 / Section 12-1600.24
Renumbered as § 328 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12, § 12-1773 — OK Code / Title 12 / Section 12-1773
Dismissal of action - Failure to file pleadings or serve
Status: in_force

process.

A. Any action under the Small Claims Procedure Act which is not

at issue and in which no pleading has been filed or other action

taken for one (1) year and in which no motion has been pending

during any part of the year shall be dismissed without prejudice by

the court on its own motion after notice to the parties or their

attorneys of record; providing, the court may, upon written

application and for good cause shown by order in writing, allow the

action to remain on its docket.

B. If service of process under the Small Claims Procedure Act

is not made upon a defendant within one hundred eighty (180) days

after the filing of the affidavit, the action shall be deemed to

have been dismissed without prejudice as to that defendant. The

action shall not be deemed to have been dismissed where a summons

was served on the defendant within one hundred eighty (180) days

after the filing of the affidavit and a court later holds that the

summons or its service was invalid. After a court quashes a summons

or its service, a new summons may be served on the defendant within

a time specified by the judge. If the new summons is not served

within the specified time, the action shall be deemed to have been

dismissed without prejudice as to that defendant. This subsection

shall not apply with respect to a defendant who has been in a

Oklahoma Statutes - Title 12. Civil Procedure Page 341

foreign country for one hundred eighty (180) days following the

filing of the affidavit.
Okla. Stat. tit. 12A, § 12A-3-119 — OK Code / Title 12A / Section 12A-3-119
Notice of Right to Defend Action
Status: in_force

NOTICE OF RIGHT TO DEFEND ACTION

In an action for breach of an obligation for which a third

person is answerable over pursuant to this article or Article 4 of

this title, the defendant may give the third person notice of the

litigation in a record, and the person notified may then give

similar notice to any other person who is answerable over. If the

notice states (i) that the person notified may come in and defend

and (ii) that failure to do so will bind the person notified in an

action later brought by the person giving the notice as to any

determination of fact common to the two litigations, the person

notified is so bound unless after seasonable receipt of the notice

the person notified does come in and defend.
Okla. Stat. tit. 12A, § 12A-2-321 — OK Code / Title 12A / Section 12A-2-321
C.I.F. or C. and F.: "Net Landed Weights"; "Payment on
Status: in_force

Arrival"; Warranty of Condition on Arrival.

Under a contract containing a term C.I.F. or C. and F.

(1) Where the price is based on or is to be adjusted according

to "net landed weights", "delivered weights", "out turn" quantity or

quality or the like, unless otherwise agreed the seller must

reasonably estimate the price. The payment due on tender of the

documents called for by the contract is the amount so estimated, but

after final adjustment of the price a settlement must be made with

commercial promptness.

(2) An agreement described in subsection (1) or any warranty of

quality or condition of the goods on arrival places upon the seller

the risk of ordinary deterioration, shrinkage and the like in

transportation but has no effect on the place or time of

indentification to the contract for sale or delivery or on the

passing of the risk of loss.

(3) Unless otherwise agreed where the contract provides for

payment on or after arrival of the goods the seller must before

payment allow such preliminary inspection as is feasible; but if the

goods are lost delivery of the documents and payment are due when

the goods should have arrived.
Okla. Stat. tit. 12A, § 12A-4-201 — OK Code / Title 12A / Section 12A-4-201
Status of Collecting Bank as Agent and Provisional
Status: in_force

Status of Credits; Applicability of Article; Item Endorsed "Pay Any

Bank".

STATUS OF COLLECTING

BANK AS AGENT AND PROVISIONAL STATUS OF CREDITS;

APPLICABILITY OF ARTICLE; ITEM ENDORSED "PAY ANY BANK"

(a) Unless a contrary intent clearly appears and before the

time that a settlement given by a collecting bank for an item is or

becomes final, the bank, with respect to the item, is an agent or

subagent of the owner of the item and any settlement given for the

item is provisional. This provision applies regardless of the form

of indorsement or lack of indorsement and even though credit given

for the item is subject to immediate withdrawal as of right or is in

fact withdrawn; but the continuance of ownership of an item by its

owner and any rights of the owner to proceeds of the item are

subject to rights of a collecting bank, such as those resulting from

outstanding advances on the item and rights of recoupment or setoff.

If an item is handled by banks for purposes of presentment, payment,

collection, or return, the relevant provisions of this article apply

even though action of parties clearly establishes that a particular

bank has purchased the item and is the owner of it.

(b) After an item has been indorsed with the words "pay any

bank" or the like, only a bank may acquire the rights of a holder

until the item has been:

(1) returned to the customer initiating collection; or

(2) specially indorsed by bank to a person who is not

a bank.
Okla. Stat. tit. 12, § 12-980 — OK Code / Title 12 / Section 12-980
Writs of error and certiorari abolished
Status: in_force

Writs of error and certiorari, to reverse, vacate or modify

judgments or final orders in civil cases, are abolished; but courts

shall have the same power to compel complete and perfect transcripts

of the proceedings containing the judgment or final order sought to

be reversed, to be furnished as they heretofore had under writs of

error and certiorari.

R.L. 1910, § 5263.
Okla. Stat. tit. 12, § 12-776 — OK Code / Title 12 / Section 12-776
Sheriff sale — Online auction
Status: in_force

A. In accordance with the provisions of Section 751 et seq. of

Title 12 of the Oklahoma Statutes, sheriffs may conduct the sale of

goods, chattels, or lands and tenements utilizing an online auction

marketplace.

Oklahoma Statutes - Title 12. Civil Procedure Page 158

B. No sheriff or other officer conducting the sale of property

or any appraiser or online auction marketplace, including any

affiliation with a corporation, limited liability company, limited

liability partnership, partnership, or other business entity, shall

either directly or indirectly purchase the property; any such

purchase shall be considered fraudulent and void. The prohibition

of this subsection shall also apply to those related by affinity or

consanguinity within the third degree. If the appraiser or online

auction marketplace is a corporation, limited liability company,

limited liability partnership, partnership, or other business

entity, such prohibition shall apply to any director, officer,

employee, managing member, or partner of such appraiser or online

auction marketplace.

C. If an online auction marketplace is used pursuant to this

section, the online auction marketplace shall provide a

nonelectronic option for bidders.

D. The online auction marketplace may require bidders to agree

to reasonable terms of service or use. Any such terms of service or

use shall provide that the terms of service or use are subject to

the laws and jurisdiction of this state.

E. The online auction marketplace may collect deposits and

payments by wire transfer, electronic funds transfer, or cashier’s

check from a registered bidder; and remit payment of the purchase

price to the court clerk as directed by the sheriff but in no case

more than five (5) business days following the completion of the

sale.

F. In accordance with the provisions of Section 765 of Title 12

of the Oklahoma Statutes, no buyer’s premium shall be charged to a

buyer on any sale conducted by a sheriff, or other officer,

utilizing an online auction marketplace. The fee charged and all

costs incurred by the online auction marketplace shall be assessed

as costs not to exceed Four Hundred Twenty-five Dollars ($425.00)

per confirmed sale.
Okla. Stat. tit. 12A, § 12A-1-9-315 — OK Code / Title 12A / Section 12A-1-9-315
Secured party’s rights on disposition of collateral
Status: in_force

and in proceeds.

SECURED PARTY’S RIGHTS ON DISPOSITION

OF COLLATERAL AND IN PROCEEDS

(a) Except as otherwise provided in this article and in

paragraph (2) of Section 2-403 of this title:

(1) a security interest or agricultural lien continues in

collateral notwithstanding sale, lease, license, exchange, or other

disposition thereof unless the secured party authorized the

disposition free of the security interest or agricultural lien; and

(2) a security interest attaches to any identifiable proceeds

of collateral.

(b) Proceeds that are commingled with other property are

identifiable proceeds:

(1) if the proceeds are goods, to the extent provided by

Section 1-9-336 of this title; and

(2) if the proceeds are not goods, to the extent that the

secured party identifies the proceeds by a method of tracing,

including application of equitable principles, that is permitted

under law other than this article with respect to commingled

property of the type involved.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 66

(c) A security interest in proceeds is a perfected security

interest if the security interest in the original collateral was

perfected.

(d) A perfected security interest in proceeds becomes

unperfected on the twenty-first day after the security interest

attaches to the proceeds unless:

(1) the following conditions are satisfied:

(A) a filed financing statement covers the original

collateral;

(B) the proceeds are collateral in which a security

interest may be perfected by filing in the office in

which the financing statement has been filed; and

(C) the proceeds are not acquired with cash proceeds;

(2) the proceeds are identifiable cash proceeds; or

(3) the security interest in the proceeds is perfected other

than under subsection (c) of this section when the security interest

attaches to the proceeds or within twenty (20) days thereafter.

(e) If a filed financing statement covers the original

collateral, a security interest in proceeds which remains perfected

under paragraph (1) of subsection (d) of this section becomes

unperfected at the later of:

(1) when the effectiveness of the filed financing statement

lapses under Section 1-9-515 of this title or is terminated under

Section 1-9-513 of this title; or

(2) the twenty-first day after the security interest attaches

to the proceeds.
Okla. Stat. tit. 12A, § 12A-11-102 — OK Code / Title 12A / Section 12A-11-102
Transition to This Act; General Rule
Status: in_force

Transition to This Act; General Rule. - Transactions validly

entered into after December 31, 1962, and before October 1, 1981 and

which were subject to the provisions of the U.C.C. prior to this

act, and which would be subject to this act, as amended if they had

been entered into after the effective date of this act and the

rights, duties and interests flowing from such transactions remain

valid after the latter date and may be terminated, completed,

consummated or enforced as required or permitted by this act.

Security interests arising out of such transactions which are

perfected when this act becomes effective shall remain perfected

until they lapse as provided herein, and may be continued as

permitted by this act, except as stated in Section 11-104.
Okla. Stat. tit. 12A, § 12A-2-723 — OK Code / Title 12A / Section 12A-2-723
Proof of Market Price: Time and Place
Status: in_force

(1) If an action based on anticipatory repudiation comes to

trial before the time for performance with respect to some or all of

the goods, any damages based on market price (Section 2-708 or

Section 2-713) shall be determined according to the price of such

goods prevailing at the time when the aggrieved party learned of the

repudiation.

(2) If evidence of a price prevailing at the times or places

described in this article is not readily available the price

prevailing within any reasonable time before or after the time

described or at any other place which in commercial judgment or

under usage of trade would serve as a reasonable substitute for the

one described may be used, making any proper allowance for the cost

of transporting the goods to or from such other place.

(3) Evidence of a relevant price prevailing at a time or place

other than the one described in this article offered by one party is

not admissible unless and until he has given the other party such

notice as the court finds sufficient to prevent unfair surprise.
Okla. Stat. tit. 12, § 12-767 — OK Code / Title 12 / Section 12-767
Officers may require advance of printer's fees
Status: in_force

The officer who levies upon goods and chattels, or lands and

tenements, or who is charged with the duty of selling the same by

virtue of any writ of execution, may refuse to publish a notice of

the sale thereof by advertisement in a newspaper until the party for

whose benefit such execution issued, his agent or attorney, shall

advance to such officer so much money as will be sufficient to

discharge the fees of the printer for publishing such notice.

R.L. 1910, § 5169.
Okla. Stat. tit. 12, § 12-1763 — OK Code / Title 12 / Section 12-1763
Appeals
Status: in_force

Appeals may be taken from the judgment rendered under small

claims procedure to the Supreme Court of the state in the same

manner as appeals are taken in other civil actions.
Okla. Stat. tit. 12A, § 12A-1-9-703 — OK Code / Title 12A / Section 12A-1-9-703
Security interest perfected before effective date
Status: in_force

SECURITY INTEREST PERFECTED BEFORE EFFECTIVE DATE

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 161

(a) A security interest that is enforceable immediately before

this act takes effect and would have priority over the rights of a

person that becomes a lien creditor at that time is a perfected

security interest under this act if, when this act takes effect, the

applicable requirements for enforceability and perfection under this

act are satisfied without further action.

(b) Except as otherwise provided in Section 1-9-705 of this

title, if, immediately before this act takes effect, a security

interest is enforceable and would have priority over the rights of a

person that becomes a lien creditor at that time, but the applicable

requirements for enforceability or perfection under this act are not

satisfied when this act takes effect, the security interest:

(1) is a perfected security interest for one (1) year after

this act takes effect;

(2) remains enforceable thereafter only if the security

interest becomes enforceable under Section 1-9-203 of this title

before the year expires; and

(3) remains perfected thereafter only if the applicable

requirements for perfection under this act are satisfied before the

year expires.
Okla. Stat. tit. 12, § 12-930 — OK Code / Title 12 / Section 12-930
Costs in other cases - Apportionment of costs - Discretion
Status: in_force

of court.

Oklahoma Statutes - Title 12. Civil Procedure Page 175

In other actions, the court may award and tax costs, and

apportion the same between the parties on the same or adverse sides,

as in its discretion it may think right and equitable.

R.L. 1910, § 5231.
Okla. Stat. tit. 12A, § 12A-2-705 — OK Code / Title 12A / Section 12A-2-705
Seller's stoppage of delivery in transit or otherwise
Status: in_force

Seller's Stoppage of Delivery in Transit or Otherwise.

(1) The seller may stop delivery of goods in the possession of

a carrier or other bailee when he discovers the buyer to be

insolvent (Section 2-702) and may stop delivery of carload,

truckload, planeload or larger shipments of express or freight when

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 223

the buyer repudiates or fails to make a payment due before delivery

or if for any other reason the seller has a right to withhold or

reclaim the goods.

(2) As against such buyer the seller may stop delivery until

(a) receipt of the goods by the buyer; or

(b) acknowledgement to the buyer by any bailee of the goods

except a carrier that the bailee holds the goods for the buyer; or

(c) such acknowledgment to the buyer by a carrier by reshipment

or as a warehouse; or

(d) negotiation to the buyer of any negotiable document of

title covering the goods.

(3) (a) To stop delivery the seller must so notify as to enable

the bailee by reasonable diligence to prevent delivery of the goods.

(b) After such notification the bailee must hold and deliver

the goods according to the directions of the seller but the seller

is liable to the bailee for any ensuing charges or damages.

(c) If a negotiable document of title has been issued for goods

the bailee is not obliged to obey a notification to stop until

surrender of possession or control of the document.

(d) A carrier who has issued a nonnegotiable bill of lading is

not obliged to obey a notification to stop received from a person

other than the consignor.
Okla. Stat. tit. 12, § 12-3252 — OK Code / Title 12 / Section 12-3252
Request for issuance of subpoena
Status: in_force

A. To request issuance of a subpoena under this section, a

party must submit a foreign subpoena to a clerk of court in the

county in which discovery is sought to be conducted in this state.

A request for the issuance of a subpoena under this act does not

constitute an appearance in the courts of this state.

B. When a party submits a foreign subpoena to a clerk of court

in this state, the clerk, in accordance with that court's procedure,

shall promptly issue a subpoena for service upon the person to which

the foreign subpoena is directed.

C. A subpoena under subsection B of this section must:

1. Incorporate the terms used in the foreign subpoena; and

2. Contain or be accompanied by the names, addresses and

telephone numbers of all counsel of record in the proceeding to

which the subpoena relates and of any party not represented by

counsel.
Okla. Stat. tit. 12, § 12-1652 — OK Code / Title 12 / Section 12-1652
Pleading
Status: in_force

A determination of rights, status, or other legal relations may

be obtained by means of a pleading seeking that relief alone or as

incident to or part of a petition, counterclaim, or other pleading

seeking other relief, and, when a party seeks other relief, a court

may grant declaratory relief where appropriate.
Okla. Stat. tit. 12, § 12-1865 — OK Code / Title 12 / Section 12-1865
Immunity of arbitrator
Status: in_force

A. An arbitrator or an arbitration organization acting in that

capacity is immune from civil liability to the same extent as a

judge of a court of this state acting in a judicial capacity.

B. The immunity afforded by this section supplements any

immunity under other law.

C. The failure of an arbitrator to make a disclosure required

by Section 13 of this act shall not cause any loss of immunity under

this action.

D. In a judicial, administrative, or similar proceeding, an

arbitrator or representative of an arbitration organization is not

competent to testify, and may not be required to produce records as

to any statement, conduct, decision, or ruling occurring during the

arbitration proceeding, to the same extent as a judge of a court of

this state acting in a judicial capacity. This subsection shall not

apply:

1. To the extent necessary to determine the claim of an

arbitrator, arbitration organization, or representative of the

arbitration organization against a party to the arbitration

proceeding; or

2. To a hearing on an application and motion to vacate an award

under paragraph 1 or 2 of subsection A of Section 24 of this act if

the movant establishes prima facie that a ground for vacating the

award exists.

E. If a person commences a civil action against an arbitrator,

arbitration organization, or representative of an arbitration

organization arising from the services of the arbitrator,

organization, or representative or if a person seeks to compel an

arbitrator or a representative of an arbitration organization to

testify or produce records in violation of subsection D of this

section, and the court decides that the arbitrator, arbitration

organization, or representative of an arbitration organization is

immune from civil liability or that the arbitrator or representative

of the organization is not competent to testify, the court shall

award to the arbitrator, organization, or representative reasonable

attorney fees and other reasonable expenses of litigation.
Okla. Stat. tit. 12A, § 12A-1-9-525.1 — OK Code / Title 12A / Section 12A-1-9-525.1
Disposition of fees
Status: in_force

DISPOSITION OF FEES

(a) There is hereby created a cash account to be known as the

“Oklahoma County Clerk’s Uniform Commercial Code Central Filing

Fund”. The fund shall be a continuing fund, not subject to fiscal

year limitations, and shall consist of all fees and penalties

collected pursuant to Section 1-9-525 of this title by the county

clerk of Oklahoma County, all monies otherwise credited to the

account, and any interest accruing thereon.

(b) Monies in this account shall be expended in the following

amounts for the following purposes:

(1) Of the fees collected pursuant to paragraphs (1) and (2) of

subsection (a) of Section 1-9-525 of this title, Five Dollars

($5.00) shall be paid monthly by the thirtieth day following the

month in which collected to the general fund of Oklahoma County as a

liquidated fee for capital and other expenses associated with

operation of the filing office; and

(2) All other fees or parts of fees and any interest accruing

to this account shall be expended by the county clerk of Oklahoma

County for the lawful operation of the filing office.

(c) The county clerk of Oklahoma County may, by rule, establish

prepaid fee accounts. If adopted, the rule shall provide for at

least the following:

(1) An application for an account on a form prescribed in the

rule;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 130

(2) A one-time application fee of not more than Twenty Dollars

($20.00);

(3) Acceptable methods of making deposits to an account;

(4) Any requirements for a minimum initial deposit, a minimum

balance, and a minimum amount for subsequent deposits;

(5) The fees and penalties which may be paid from the account;

(6) Procedures for making deposits to and payments from an

account; and

(7) Procedures for closing an account.
Okla. Stat. tit. 12, § 12-1455 — OK Code / Title 12 / Section 12-1455
Motion upon affidavit - Notice
Status: in_force

The motion for the writ must be made upon affidavit, and the

court may require a notice of the application to be given to the

adverse party, or may grant an order to show cause why it should not

be allowed, or may grant the writ without notice.

R.L. 1910, § 4911.
Okla. Stat. tit. 12A, § 12A-7-207 — OK Code / Title 12A / Section 12A-7-207
Goods must be kept separate - Fungible goods
Status: in_force

Goods Must be Kept Separate; Fungible Goods.

(a) Unless the warehouse receipt otherwise provides, a

warehouse shall keep separate the goods covered by each receipt so

as to permit at all times identification and delivery of those

goods. However, different lots of fungible goods may be commingled.

(b) If different lots of fungible goods are commingled, the

goods are owned in common by the persons entitled thereto and the

warehouse is severally liable to each owner for that owner's share.

If, because of overissue, a mass of fungible goods is insufficient

to meet all the receipts which the warehouse has issued against it,

the persons entitled include all holders to which overissued

receipts have been duly negotiated.
Okla. Stat. tit. 12, § 12-1347 — OK Code / Title 12 / Section 12-1347
Officers not liable for obeying orders
Status: in_force

No sheriff or other officer shall be liable to a civil action

for obeying any writ of habeas corpus or order of discharge made

thereon.

R.L. 1910, § 4898.
Okla. Stat. tit. 12A, § 12A-4A-105 — OK Code / Title 12A / Section 12A-4A-105
Other definitions
Status: in_force

OTHER DEFINITIONS

(a) In this Article:

(1) "Authorized account" means a deposit account of a customer

in a bank designated by the customer as a source of payment of

payment orders issued by the customer to the bank. If a customer

does not so designate an account, any account of the customer is an

authorized account if payment of a payment order from that account

is not inconsistent with a restriction on the use of that account.

(2) "Bank" means a person engaged in the business of banking

and includes a savings bank, savings and loan association, credit

union, and trust company. A branch or separate office of a bank is

a separate bank for purposes of this Article.

(3) "Customer" means a person, including a bank, having an

account with a bank or from whom a bank has agreed to receive

payment orders.

(4) "Funds-transfer business day" of a receiving bank means the

part of a day during which the receiving bank is open for the

receipt, processing, and transmittal of payment orders and

cancellations and amendments of payment orders.

(5) "Funds-transfer system" means a wire transfer network,

automated clearing house, or other communication system of a

clearing house or other association of banks through which a payment

order by a bank may be transmitted to the bank to which the order is

addressed.

(6) "Good faith" means honesty in fact and the observance of

reasonable commercial standards of fair dealing.

(7) "Prove" with respect to a fact means to meet the burden of

establishing the fact as provided in paragraph 8 of Section 1-201 of

Title 12A of the Oklahoma Statutes.

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

in which they appear are:

"Acceptance" Section 4A-209

"Beneficiary" Section 4A-103

"Beneficiary's bank" Section 4A-103

"Executed" Section 4A-301

"Execution date" Section 4A-301

"Funds transfer" Section 4A-104

"Funds-transfer system rule" Section 4A-501

"Intermediary bank" Section 4A-104

"Originator" Section 4A-104

"Originator's bank" Section 4A-104

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 356

"Payment by beneficiary's bank

to beneficiary" Section 4A-405

"Payment by originator to

beneficiary" Section 4A-406

"Payment by sender

to receiving bank" Section 4A-403

"Payment date" Section 4A-401

"Payment order" Section 4A-103

"Receiving bank" Section 4A-103

"Security procedure" Section 4A-201

"Sender" Section 4A-103

(c) The following definitions in Article 4 of Title 12A of the

Oklahoma Statutes apply to this Article:

"Clearing house" Section 4-104

"Item" Section 4-104

"Suspends payments" Section 4-104

(d) In addition Article 1 contains general definitions and

principles of construction and interpretation applicable throughout

this Article.
Okla. Stat. tit. 12A, § 12A-7-601 — OK Code / Title 12A / Section 12A-7-601
Lost, stolen, or destroyed documents of title
Status: in_force

Lost, Stolen, or Destroyed Documents of Title.

(a) If a document has been lost, stolen, or destroyed, a court

may order delivery of the goods or issuance of a substitute document

and the bailee may without liability to any person comply with the

order. If the document was negotiable, a court may not order

delivery of the goods or issuance of a substitute document without

the claimant’s posting security unless it finds that any person that

may suffer loss as a result of nonsurrender of possession or control

of the document is adequately protected against the loss. If the

document was not negotiable, the court may require security. The

court may also order payment of the bailee's reasonable costs and

attorney fees in any action under this section.

(b) A bailee that, without court order, delivers goods to a

person claiming under a missing negotiable document of title is

liable to any person injured thereby. If the delivery is not in

good faith, the bailee is liable for conversion. Delivery in good

faith is not conversion if the claimant posts security with the

bailee in an amount at least double the value of the goods at the

time of posting to indemnify any person injured by the delivery

which files a notice of claim within one (1) year after the

delivery.
Okla. Stat. tit. 12, § 12-2614 — OK Code / Title 12 / Section 12-2614
Calling and interrogation of witnesses by court
Status: in_force

A. The court may, on its own motion or at the suggestion of a

party, call witnesses, provided that all parties shall have the

right of cross-examination of those witnesses.

B. The court may interrogate any witness whether called by

itself or by a party.

C. Objections to the calling or interrogating of witnesses by

the court may be made at the time or at the next available

opportunity when the jury is not present.
Okla. Stat. tit. 12, § 12-3241 — OK Code / Title 12 / Section 12-3241
Judicial or administrative approval of transfer of
Status: in_force

payment - Required findings.

No direct or indirect transfer of structured settlement payment

rights shall be effective and no structured settlement obligor or

Oklahoma Statutes - Title 12. Civil Procedure Page 540

annuity issuer shall be required to make any payment directly or

indirectly to any transferee of structured settlement payment rights

unless the transfer has been approved in advance in a final court

order or order of a responsible administrative authority based on

express findings by such court or responsible administrative

authority that:

1. The transfer is in the best interest of the payee, taking

into account the welfare and support of the payee’s dependents;

2. The payee has been advised in writing by the transferee to

seek independent professional advice regarding the transfer and has

either received the advice or knowingly waived the advice in

writing; and

3. The transfer does not contravene any applicable statute or

the order of any court or other government authority.
Okla. Stat. tit. 12, § 12-687 — OK Code / Title 12 / Section 12-687
Judgment for conveyance, release or acquittance - Sheriff may execute when party fails to
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 10may execute when party fails to do so.

When a judgment shall be rendered for a conveyance, release or

acquittance, in any court of this state, and the party against whom

the judgment shall be rendered does not comply therewith by the time

appointed, such judgment shall have the same operation and effect,

Oklahoma Statutes - Title 12. Civil Procedure Page 112

and be as available, as if the conveyance, release or acquittance

had been executed conformably to such judgment; or the court may

order such conveyance, release or acquittance to be executed in the

first instance by the sheriff; and such conveyance, release or

acquittance, so executed, shall have the same effect as if executed

by the party against whom the judgment was rendered.

R.L. 1910, § 5129.
Okla. Stat. tit. 12, § 12-1338 — OK Code / Title 12 / Section 12-1338
Return of writ - Enforcing obedience
Status: in_force

The sheriff or other person to whom the writ is directed shall

make immediate return thereof, and if he neglect or refuse, after

due service, to make return, or shall refuse or neglect to obey the

writ by producing the party named therein, and no sufficient excuse

be shown for such neglect or refusal, the court shall enforce

obedience by attachment.

R.L. 1910, § 4889.
Okla. Stat. tit. 12A, § 12A-7-206 — OK Code / Title 12A / Section 12A-7-206
Termination of storage at warehouse's option
Status: in_force

Termination of Storage at Warehouse’s Option.

(a) A warehouse, by giving notice to the person on whose

account the goods are held and any other person known to claim an

interest in the goods, may require payment of any charges and

removal of the goods from the warehouse at the termination of the

period of storage fixed by the document of title, or, if a period is

not fixed, within a stated period not less than thirty (30) days

after the warehouse gives notice. If the goods are not removed

before the date specified in the notice, the warehouse may sell them

pursuant to Section 7-210 of this title.

(b) If a warehouse in good faith believes that goods are about

to deteriorate or decline in value to less than the amount of its

lien within the time provided in subsection (a) of this section and

Section 7-210 of this title, the warehouse may specify in the notice

given under subsection (a) of this section any reasonable shorter

time for removal of the goods and, if the goods are not removed, may

sell them at public sale held not less than one (1) week after a

single advertisement or posting.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 403

(c) If, as a result of a quality or condition of the goods of

which the warehouse did not have notice at the time of deposit, the

goods are a hazard to other property, the warehouse facilities, or

other persons, the warehouse may sell the goods at public or private

sale without advertisement or posting on reasonable notification to

all persons known to claim an interest in the goods. If the

warehouse, after a reasonable effort, is unable to sell the goods,

it may dispose of them in any lawful manner and does not incur

liability by reason of that disposition.

(d) A warehouse shall deliver the goods to any person entitled

to them under this article upon due demand made at any time before

sale or other disposition under this section.

(e) A warehouse may satisfy its lien from the proceeds of any

sale or disposition under this section but shall hold the balance

for delivery on the demand of any person to which the warehouse

would have been bound to deliver the goods.
Okla. Stat. tit. 12, § 12-38 — OK Code / Title 12 / Section 12-38
Seal of clerk of district court
Status: in_force

A. Every clerk of a district court shall keep a seal, to be

furnished by the court, which shall contain the name of the county

and the words "Oklahoma" and "District Court". The seal may be

either metallic or nonmetallic.

B. Every instrument, document, record, paper or other thing

required to be certified by the court or by the court clerk shall

contain the seal of the court clerk. Where electronic transmission

of a document is allowed, the document shall be deemed certified if

it contains a digital signature or equivalent signing technology, as

approved and supplied by the Supreme Court of Oklahoma. The Supreme

Court shall be the guardian of digital signatures or equivalent

signing technology and shall govern all rules as to validity and

authenticity.

C. Any person who uses the seal of the court clerk with the

intent to deceive or mislead any person as to the authenticity of

the seal, a certification required by subsection B of this section,

or the thing to which the seal is applied shall be guilty of a

misdemeanor.

D. Electronic transmittals of documents shall be allowed if

safeguards are in place to protect against unauthorized users and if

agents intended to receive the transmittals have agreed to

electronic processing of the documents.
Okla. Stat. tit. 12A, § 12A-3-110 — OK Code / Title 12A / Section 12A-3-110
Identification of Person to Whom Instrument is Payable
Status: in_force

IDENTIFICATION OF PERSON TO WHOM INSTRUMENT IS PAYABLE

(a) The person to whom an instrument is initially payable is

determined by the intent of the person, whether or not authorized,

signing as, or in the name or behalf of, the issuer of the

instrument. The instrument is payable to the person intended by the

signer even if that person is identified in the instrument by a name

or other identification that is not that of the intended person. If

more than one person signs in the name or behalf of the issuer of an

instrument and all the signers do not intend the same person as

payee, the instrument is payable to any person intended by one or

more of the signers.

(b) If the signature of the issuer of an instrument is made by

automated means, such as a check-writing machine, the payee of the

instrument is determined by the intent of the person who supplied

the name or identification of the payee, whether or not authorized

to do so.

(c) A person to whom an instrument is payable may be identified

in any way, including by name, identifying number, office, or

account number. For the purpose of determining the holder of an

instrument, the following rules apply:

(1) If an instrument is payable to an account and the

account is identified only by number, the instrument

is payable to the person to whom the account is

payable. If an instrument is payable to an account

identified by number and by the name of a person, the

instrument is payable to the named person, whether or

not that person is the owner of the account identified

by number.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 287

(2) If an instrument is payable to:

(i) a trust, an estate, or a person described as

trustee or representative of a trust or estate,

the instrument is payable to the trustee, the

representative, or a successor of either, whether

or not the beneficiary or estate is also named;

(ii) a person described as agent or similar

representative of a named or identified person,

the instrument is payable to the represented

person, the representative, or a successor of the

representative;

(iii) a fund or organization that is not a legal

entity, the instrument is payable to a

representative of the members of the fund or

organization; or

(iv) an office or to a person described as holding an

office, the instrument is payable to the named

person, the incumbent of the office, or a

successor to the incumbent.

(d) If an instrument is payable to two or more persons

alternatively, it is payable to any of them and may be negotiated,

discharged, or enforced by any or all of them in possession of the

instrument. If an instrument is payable to two or more persons not

alternatively, it is payable to all of them and may be negotiated,

discharged, or enforced only by all of them. If an instrument

payable to two or more persons is ambiguous as to whether it is

payable to the persons alternatively, the instrument is payable to

the persons alternatively.
Okla. Stat. tit. 12, § 12-1339 — OK Code / Title 12 / Section 12-1339
Return - Signature and verification - Contents -
Status: in_force

Production of party.

The return must be signed and verified by the person making it,

who shall state:

First. The authority or cause of restraint of the party in his

custody.

Second. If the authority be in writing, he shall return a copy

and produce the original on the hearing.

Third. If he has had the party in his custody or under his

restraint, and has transferred him to another, he shall state to

whom, the time, place and cause of the transfer.

He shall produce the party on the hearing, unless prevented by

sickness or infirmity, which must be shown in the return.

R.L. 1910, § 4890.
Okla. Stat. tit. 12A, § 12A-1-9-326 — OK Code / Title 12A / Section 12A-1-9-326
Priority of security interests created by new debtor
Status: in_force

PRIORITY OF SECURITY INTERESTS CREATED BY NEW DEBTOR

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

interest that is created by a new debtor in collateral in which the

new debtor has or acquires rights and perfected by a filed financing

statement that would be ineffective to perfect the security interest

but for the application of Section 1-9-508 of this title or Section

1-9-508 and paragraph (l) of subsection (i) of Section 1-9-316 of

this title is subordinate to a security interest in the same

collateral which is perfected other than by such a filed financing

statement.

(b) The other provisions of this part determine the priority

among conflicting security interests in the same collateral

perfected by filed financing statements described in subsection (a)

of this section. However, if the security agreements to which a new

debtor became bound as debtor were not entered into by the same

original debtor, the conflicting security interests rank according

to priority in time of the new debtor's having become bound.
Okla. Stat. tit. 12, § 12-1226 — OK Code / Title 12 / Section 12-1226
Notice to debtors
Status: in_force

Such receiver shall forthwith give notice of his appointment to

the persons indebted to the defendant in attachment. The notice

shall be written or printed, and shall be served on the debtor or

debtors, by copy personally, or by copy left at the residence of the

debtor or debtors; and from the date of such service, the debtors

shall stand liable to the plaintiff in attachment for the amount of

money or credits in their hands, or due from them to the defendant

in attachment, and shall account therefor to the receiver.

R.L. 1910, § 4847.
Okla. Stat. tit. 12, § 12-1855 — OK Code / Title 12 / Section 12-1855
Waivers
Status: in_force

A. Except as otherwise provided in subsections B, C and D of

this section and subject to the public policy of this state as

expressed in the Uniform Arbitration Act, including Section 1880 of

this title, and in the laws of this state outside of this act, a

party to an agreement to arbitrate or to an arbitration proceeding

Oklahoma Statutes - Title 12. Civil Procedure Page 357

may waive, or the parties may vary the effect of, the requirements

of the Uniform Arbitration Act to the extent permitted by law.

B. Before a controversy arises that is subject to an agreement

to arbitrate, a party to the agreement may not:

1. Waive or agree to vary the effect of the requirements of

subsection A of Section 1856, subsection A of Section 1857, Section

1859, subsection A or B of Section 1868, Section 1877 or Section

1879 of this title;

2. Agree to unreasonably restrict the right under Section 1860

of this title to notice of the initiation of an arbitration

proceeding;

3. Agree to unreasonably restrict the right under Section 1863

of this title to disclosure of any facts by a neutral arbitrator; or

4. Waive the right under Section 1867 of this title of a party

to an agreement to arbitrate to be represented by a lawyer at any

proceeding or hearing under the Uniform Arbitration Act, but an

employer and a labor organization may waive the right to

representation by a lawyer in a labor arbitration.

C. A party to an agreement to arbitrate or to an arbitration

proceeding may not waive, or the parties may not vary the effect of,

the requirements of this section or subsection A or C of Section

1854, Section 1858, Section 1865, Section 1869, subsection D or E of

Section 1871, Section 1873, 1874 or 1875, subsection A or B of

Section 1876, or Section 1880 of this title.

D. The Uniform Arbitration Act shall not apply to collective

bargaining agreements and contracts which reference insurance,

except for those contracts between insurance companies.
Okla. Stat. tit. 12, § 12-1881 — OK Code / Title 12 / Section 12-1881
Conformity with Electronic Signatures in Global and
Status: in_force

National Commerce Act.

The provisions of the Uniform Arbitration Act governing the

legal effect, validity, and enforceability of electronic records or

electronic signatures, and of contracts performed with the use of

such records or signatures shall conform to the requirements of

Section 102 of the Electronic Signatures in Global and National

Commerce Act.
Okla. Stat. tit. 12A, § 12A-3-307 — OK Code / Title 12A / Section 12A-3-307
Notice of Breach of Fiduciary
Status: in_force

NOTICE OF BREACH OF FIDUCIARY DUTY

(a) In this section:

(1) "Fiduciary" means an agent, trustee, partner,

corporate officer or director, or other representative

owing a fiduciary duty with respect to an instrument;

and

(2) "Represented person" means the principal, beneficiary,

partnership, corporation, or other person to whom the

duty stated in paragraph (1) of this subsection is

owed.

(b) If (i) an instrument is taken from a fiduciary for payment

or collection or for value, (ii) the taker has knowledge of the

fiduciary status of the fiduciary, and (iii) the represented person

makes a claim to the instrument or its proceeds on the basis that

the transaction of the fiduciary is a breach of fiduciary duty, the

following rules apply:

(1) Notice of breach of fiduciary duty by the fiduciary is

notice of the claim of the represented person;

(2) In the case of an instrument payable to the

represented person or the fiduciary as such, the taker

has notice of the breach of fiduciary duty if the

instrument is (i) taken in payment of or as security

for a debt known by the taker to be the personal debt

of the fiduciary, (ii) taken in a transaction known by

the taker to be for the personal benefit of the

fiduciary, or (iii) deposited to an account other than

an account of the fiduciary, as such, or an account of

the represented person;

(3) If an instrument is issued by the represented person

or the fiduciary as such, and made payable to the

fiduciary personally, the taker does not have notice

of the breach of fiduciary duty unless the taker knows

of the breach of fiduciary duty; and

(4) If an instrument is issued by the represented person

or the fiduciary as such, to the taker as payee, the

taker has notice of the breach of fiduciary duty if

the instrument is (i) taken in payment of or as

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 301

security for a debt known by the taker to be the

personal debt of the fiduciary, (ii) taken in a

transaction known by the taker to be for the personal

benefit of the fiduciary, or (iii) deposited to an

account other than an account of the fiduciary, as

such, or an account of the represented person.
Okla. Stat. tit. 12A, § 12A-2-605 — OK Code / Title 12A / Section 12A-2-605
Waiver of buyer's objections by failure to
Status: in_force

particularize.

Waiver of Buyer's Objections by Failure to Particularize.

(1) The buyer's failure to state in connection with rejection a

particular defect which is ascertainable by reasonable inspection

precludes him from relying on the unstated defect to justify

rejection or to establish breach:

(a) where the seller could have cured it if stated seasonably;

or

(b) between merchants when the seller has after rejection made

a request in writing for a full and final written statement of all

defects on which the buyer proposes to rely.

(2) Payment against documents made without reservation of

rights precludes recovery of the payment for defects apparent in the

documents.
Okla. Stat. tit. 12A, § 12A-1-9-626 — OK Code / Title 12A / Section 12A-1-9-626
Action in which deficiency or surplus is in issue
Status: in_force

ACTION IN WHICH DEFICIENCY OR SURPLUS IS IN ISSUE

(a) In an action arising from a transaction, other than a

consumer transaction, in which the amount of a deficiency or surplus

is in issue, the following rules apply:

(1) A secured party need not prove compliance with the

provisions of this part relating to collection, enforcement,

disposition, or acceptance unless the debtor or a secondary obligor

places the secured party’s compliance in issue.

(2) If the secured party’s compliance is placed in issue, the

secured party has the burden of establishing that the collection,

enforcement, disposition, or acceptance was conducted in accordance

with this part.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 158

(3) Except as otherwise provided in Section 1-9-628 of this

title, if a secured party fails to prove that the collection,

enforcement, disposition, or acceptance was conducted in accordance

with the provisions of this part relating to collection,

enforcement, disposition, or acceptance, the liability of a debtor

or a secondary obligor for a deficiency is limited to an amount by

which the sum of the secured obligation, expenses, and attorney’s

fees exceeds the greater of:

(A) the proceeds of the collection, enforcement,

disposition, or acceptance; or

(B) the amount of proceeds that would have been realized

had the noncomplying secured party proceeded in

accordance with the provisions of this part relating

to collection, enforcement, disposition, or

acceptance.

(4) For purposes of subparagraph (B) of paragraph (3) of this

subsection, the amount of proceeds that would have been realized is

equal to the sum of the secured obligation, expenses, and attorney’s

fees unless the secured party proves that the amount is less than

that sum.

(5) If a deficiency or surplus is calculated under subsection

(f) of Section 1-9-615 of this title, the debtor or obligor has the

burden of establishing that the amount of proceeds of the

disposition is significantly below the range of prices that a

complying disposition to a person other than the secured party, a

person related to the secured party, or a secondary obligor would

have brought.

(b) The limitation of the rules in subsection (a) of this

section to transactions other than consumer transactions is intended

to leave to the court the determination of the proper rules in

consumer transactions. The court may not infer from that limitation

the nature of the proper rule in consumer transactions and may

continue to apply established approaches.
Okla. Stat. tit. 12A, § 12A-8-109 — OK Code / Title 12A / Section 12A-8-109
Warranties in Indirect Holding
Status: in_force

Warranties in Indirect Holding.

(a) A person who originates an entitlement order to a

securities intermediary warrants to the securities intermediary

that:

(1) the entitlement order is made by an appropriate

person, or if the entitlement order is by an agent,

the agent has actual authority to act on behalf of the

appropriate person; and

(2) there is no adverse claim to the security entitlement.

(b) A person who delivers a security certificate to a

securities intermediary for credit to a securities account or

originates an instruction with respect to an uncertificated security

directing that the uncertificated security be credited to a

securities account makes to the securities intermediary the

warranties specified in subsection (a) or (b) of Section 8-108 of

this title.

(c) If a securities intermediary delivers a security

certificate to its entitlement holder or causes its entitlement

holder to be registered as the owner of an uncertificated security,

the securities intermediary makes to the entitlement holder the

warranties specified in subsection (a) or (b) of Section 8-108 of

this title.
Okla. Stat. tit. 12A, § 12A-1-9-613 — OK Code / Title 12A / Section 12A-1-9-613
Contents and form of notification before disposition
Status: in_force

of collateral: general.

CONTENTS AND FORM OF NOTIFICATION

BEFORE DISPOSITION OF COLLATERAL: GENERAL

(a) Except in a consumer-goods transaction, the following rules

apply:

(1) The contents of a notification of disposition are

sufficient if the notification:

(A) describes the debtor and the secured party;

(B) describes the collateral that is the subject of the

intended disposition;

(C) states the method of intended disposition;

(D) states that the debtor is entitled to an accounting of

the unpaid indebtedness and states the charge, if any,

for an accounting; and

(E) states the time and place of a public disposition or

the time after which any other disposition is to be

made.

(2) Whether the contents of a notification that lacks any of

the information specified in paragraph (1) of this section are

nevertheless sufficient is a question of fact.

(3) The contents of a notification providing substantially the

information specified in paragraph (1) of this section are

sufficient, even if the notification includes:

(A) information not specified by that paragraph; or

(B) minor errors that are not seriously misleading.

(4) A particular phrasing of the notification is not required.

(5) The following form of notification and the form appearing

in paragraph (3) of subsection (a) of Section 1-9-614 of this title,

when completed in accordance with the instructions in subsection (b)

of this section and subsection (b) of Section 1-9-614 of this title,

each provides sufficient information:

NOTIFICATION OF DISPOSITION OF COLLATERAL

To: (Name of debtor, obligor, or other person to which the

notification is sent)

From: (Name, address, and telephone number of secured party)

{1} Name of any debtor that is not an addressee: (Name of each

debtor)

{2} We will sell (describe collateral) (to the highest qualified

bidder) at public sale. A sale could include a lease or license.

The sale will be held as follows:

(Date)

(Time)

(Place)

{3} We will sell (describe collateral) at private sale sometime

after (date). A sale could include a lease or license.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 145

{4} You are entitled to an accounting of the unpaid indebtedness

secured by the property that we intend to sell or, as applicable,

lease or license.

{5} If you request an accounting, you must pay a charge of $

(amount).

{6} You may request an accounting by calling us at (telephone

number).

[End of Form]

(b) The following instructions apply to the form of

notification in paragraph (5) of subsection (a) of this section:

(1) The instructions in this paragraph refer to the numbers in

braces before items in the form of notification in paragraph (5) of

subsection (a) of this section. Do not include the numbers or

braces in the notification. The numbers and braces are used only

for the purpose of these instructions.

(2) Include and complete item {1} only if there is a debtor

that is not an addressee of the notification and list the name or

names.

(3) Include and complete either item {2}, if the notification

relates to a public disposition of the collateral, or item {3}, if

the notification relates to a private disposition of the collateral.

If item {2} is included, include the words "to the highest qualified

bidder" only if applicable.

(4) Include and complete items {4} and {6}.

(5) Include and complete item {5} only if the sender will

charge the recipient for an accounting.
Okla. Stat. tit. 12A, § 12A-1-9-505 — OK Code / Title 12A / Section 12A-1-9-505
Filing and compliance with other statutes and
Status: in_force

treaties for consignments, leases, other bailments, and other

transactions.

FILING AND COMPLIANCE WITH OTHER STATUTES AND TREATIES FOR

CONSIGNMENTS, LEASES, OTHER BAILMENTS, AND OTHER TRANSACTIONS

(a) A consignor, lessor, or other bailor of goods, a licensor,

or a buyer of a payment intangible or promissory note may file a

financing statement, or may comply with a statute or treaty

described in subsection (a) of Section 1-9-311 of this title, using

the terms “consignor”, “consignee”, “lessor”, “lessee”, “bailor”,

“bailee”, “licensor”, “licensee”, “owner”, “registered owner”,

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 110

“buyer”, “seller”, or words of similar import, instead of the terms

“secured party” and “debtor”.

(b) This part applies to the filing of a financing statement

under subsection (a) of this section and, as appropriate, to

compliance that is equivalent to filing a financing statement under

subsection (b) of Section 1-9-311 of this title, but the filing or

compliance is not of itself a factor in determining whether the

collateral secures an obligation. If it is determined for another

reason that the collateral secures an obligation, a security

interest held by the consignor, lessor, bailor, licensor, owner, or

buyer which attaches to the collateral is perfected by the filing or

compliance.
Okla. Stat. tit. 12, § 12-1637 — OK Code / Title 12 / Section 12-1637
Exclusiveness of statutory remedy
Status: in_force

After May 19, 1953, no natural person in this state may change

his or her name except as provided in Sections 1631 through 1635 of

this title and Section 90.4 of Title 10 of the Oklahoma Statutes and

Section 1-321 of Title 63 of the Oklahoma Statutes, other than by

marriage, as prescribed in Sections 5, 6, and 8 of Title 43 of the

Oklahoma Statutes, or by decree of divorce, as prescribed in Section

121 of Title 43 of the Oklahoma Statutes, or by adoption, as

prescribed in Section 7505-3.1 of Title 10 of the Oklahoma Statutes.
Okla. Stat. tit. 12, § 12-718.9 — OK Code / Title 12 / Section 12-718.9
Statute of limitations
Status: in_force

An action to recognize a foreign-country judgment must be

commenced within the earlier of the time during which the foreign-

country judgment is effective in the foreign country or fifteen (15)

years from the date that the foreign-country judgment became

effective in the foreign country.
Okla. Stat. tit. 12A, § 12A-2-318 — OK Code / Title 12A / Section 12A-2-318
Third Party Beneficiaries of Warranties Express or
Status: in_force

Implied.

Third Party Beneficiaries of Warranties Express or Implied.

(1) A seller's warranty whether express or implied extends to

any natural person who is in the family or household of his buyer or

who is a guest in his home if it is reasonable to expect that such

person may use, consume or be affected by the goods and who is

injured in person by breach of the warranty.

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

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

persons.

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

modified, or limited by a seller, but an exclusion, modification, or

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

remedies, effective against the buyer is also effective against any

beneficiary designated under this section.
Okla. Stat. tit. 12, § 12-1871 — OK Code / Title 12 / Section 12-1871
Modification of award
Status: in_force

A. On motion to an arbitrator by a party to an arbitration

proceeding, the arbitrator may modify or correct an award:

1. Upon a ground stated in paragraph 1 or 3 of subsection A of

Section 25 of this act;

2. Because the arbitrator has not made a final and definite

award upon a claim submitted by the parties to the arbitration

proceeding; or

3. To clarify the award.

B. A motion under subsection A of this section must be made and

notice given to all parties within twenty (20) days after the movant

receives notice of the award.

C. A party to the arbitration proceeding must give notice of

any objection to the motion within ten (10) days after receipt of

the notice.

Oklahoma Statutes - Title 12. Civil Procedure Page 366

D. If a motion to the court is pending under Section 23, 24 or

25 of this act, the court may submit the claim to the arbitrator to

consider whether to modify or correct the award:

1. Upon a ground stated in paragraph 1 or 3 of subsection A of

Section 25 of this act;

2. Because the arbitrator has not made a final and definite

award upon a claim submitted by the parties to the arbitration

proceeding; or

3. To clarify the award.

E. An award modified or corrected pursuant to this section is

subject to the provisions of subsection A of Section 20 of this act

and Sections 23, 24 and 25 of this act.
Okla. Stat. tit. 12, § 12-140 — OK Code / Title 12 / Section 12-140
Change of venue
Status: in_force

In all cases in which it is made to appear to the court that a

fair and impartial trial cannot be had in the county where the suit

is pending, the court may, on application of either party, change

the place of trial to some county where such objections do not

exist.

R.L. 1910, § 4680.
Okla. Stat. tit. 12, § 12-2611 — OK Code / Title 12 / Section 12-2611
Mode and order of interrogation and presentation
Status: in_force

A. Subject to subsection B of this section, the court shall

exercise control over the manner and order of interrogating

witnesses and presenting evidence so as to:

1. Make the interrogation and presentation effective for the

ascertainment of the truth;

2. Avoid needless consumption of time; and

3. Protect witnesses from harassment or undue embarrassment.

B. Any party to a civil action or proceeding may compel any

adverse party or person, or any agent, servant or employee of such

party or person, for whose benefit such action or proceeding is

instituted, prosecuted or defended, to testify as a witness, at the

trial, or by deposition, in the same manner and subject to the same

rules as other witnesses, provided that any such adverse party, or

the adverse party’s agent, servant or employee called as a witness

by the opposing party shall be deemed a hostile witness and may be

cross-examined by the party calling the witness to the same extent

as any opposition witness.

C. Cross-examination shall be limited to the subject matter of

the direct examination and matters affecting the credibility of the

witness. The court may permit inquiry into additional matters as if

on direct examination.

D. Leading questions should not be used on the direct

examination of a witness except as may be necessary to develop the

witness’s testimony. Leading questions should ordinarily be

permitted on cross-examination. When a party calls a hostile

witness, an adverse party, or a witness identified with an adverse

party, leading questions may be used on direct examination.
Okla. Stat. tit. 12, § 12-1350 — OK Code / Title 12 / Section 12-1350
Execution of writ - Return and proceedings
Status: in_force

The officer shall execute the writ by bringing the person

therein named before the court or judge; and the like return and

proceedings shall be required and had as in case of writs of habeas

corpus.

R.L. 1910, § 4901.
Okla. Stat. tit. 12, § 12-729.9 — OK Code / Title 12 / Section 12-729.9
Rate of exchange
Status: in_force

The rate of exchange prevailing at or near the close of business

on the day the distribution proceeding is initiated governs all

exchanges of foreign money in a distribution proceeding. A foreign-

money claimant in a distribution proceeding shall assert its claim

in the named foreign money and show the amount of United States

dollars resulting from a conversion as of the date the proceeding

was initiated.
Okla. Stat. tit. 12A, § 12A-4-106 — OK Code / Title 12A / Section 12A-4-106
Payable through or Payable at Bank; Collecting Bank
Status: in_force

PAYABLE THROUGH OR PAYABLE AT BANK; COLLECTING BANK

(a) If an item states that it is "payable through" a bank

identified in the item, (i) the item designates the bank as a

collecting bank and does not by itself authorize the bank to pay the

item, and (ii) the item may be presented for payment only by or

through the bank.

(b) If an item states that it is "payable at" a bank identified

in the item, (i) the item designates the bank as a collecting bank

and does not by itself authorize the bank to pay the item, and (ii)

the item may be presented for payment only by or through the bank.

(c) If a draft names a nonbank drawee and it is unclear whether

a bank named in the draft is a co-drawee or a collecting bank, the

bank is a collecting bank.
Okla. Stat. tit. 12A, § 12A-11-105 — OK Code / Title 12A / Section 12A-11-105
Required Refilings
Status: repealed

Required Refilings. - (1) If a security interest is perfected or

has priority when this act takes effect as to all persons or as to

certain persons without any filing or recording, and if the filing

of a financing statement would be required for the perfection or

priority of the security interest against those persons under this

act, the perfection and priority rights of the security interest

continue until three (3) years after the effective date of this act.

The perfection will then lapse unless a financing statement is filed

as provided in subsection (4) of this section or unless the security

interest is perfected otherwise than by filing.

(2) If a security interest is perfected when this act takes

effect under a law other than the U.C.C. prior to this act which

requires no further filing, refiling or recording to continue its

perfection, perfection continues until and will lapse three (3)

years after this act takes effect, unless a financing statement is

filed as provided in subsection (4) of this section or unless the

security interest is perfected otherwise than by filing, or unless

under subsection (3) of Section 9-302, the other law continues to

govern filing.

(3) If a security interest is perfected by a filing, refiling or

recording under a law repealed by this act which required further

filing, refiling or recording to continue its perfection, perfection

continues and will lapse on the date provided by the law so repealed

for such further filing, refiling or recording unless a financing

statement is filed as provided in subsection (4) of this section or

unless the security interest is perfected otherwise than by filing.

(4) A financing statement may be filed within six (6) months

before the perfection of a security interest would otherwise lapse.

Any such financing statement may be signed by either the debtor or

the secured party. It must identify the security agreement,

statement or notice, however denominated in any statute or other law

repealed or modified by this act, state the office where and the

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 463

date when the last filing, refiling or recording, if any, was made

with respect thereto, and the filing number, if any, or book and

page, if any, of recording and further state that the security

agreement, statement or notice, however denominated in another

filing office under the U.C.C. prior to this act, or under any

statute or other law repealed or modified by this act is still

effective. Section 9-401 and Section 7 of this act determine the

proper place to file such a financing statement. Except as

specified in this subsection, the provisions of Section 9-403(3) for

continuation statements apply to such a financing statement.
Okla. Stat. tit. 12, § 12-1636 — OK Code / Title 12 / Section 12-1636
Illegal or fraudulent purpose
Status: in_force

Any person who obtains a judgment under this act, willfully

intending to use the same for any illegal or fraudulent purpose, or

who thereafter willfully and intentionally uses such judgment, or a

Oklahoma Statutes - Title 12. Civil Procedure Page 324

copy thereof, for any illegal or fraudulent purpose, shall be deemed

guilty of a misdemeanor.
Okla. Stat. tit. 12A, § 12A-15-101 — OK Code / Title 12A / Section 12A-15-101
Short title
Status: in_force

SHORT TITLE

This act shall be known and may be cited as the “Uniform

Electronic Transactions Act”.