Okla. Stat. tit. 12, § 12-2027 — OK Code / Title 12 / Section 12-2027
Appendix of forms
Status: in_force

APPENDIX OF FORMS

Form 1.

SUMMONS

IN THE DISTRICT COURT

OF ________________ COUNTY, STATE OF OKLAHOMA

A.B., Plaintiff )

v. ) No. ___________

C.D., Defendant )

Summons

To the above-named Defendant:

You have been sued by the above-named plaintiff, and you are

directed to file a written answer to the attached petition in the

court at the above address within twenty (20) days after service of

this summons upon you, exclusive of the day of service. Within the

same time, a copy of your answer must be delivered or mailed to the

attorney for the plaintiff.

Unless you answer the petition within the time stated, judgment

will be rendered against you with costs of the action.

___________, Court Clerk

by___________, Deputy Court Clerk

(Seal)

Attorney(s) for Plaintiff(s):

Name _______________________

Address ____________________

____________________________

Telephone Number ___________

This summons was served on _________________

(date of service)

_____________________________________

(Signature of person serving summons)

YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY MATTER CONNECTED

WITH THIS SUIT OR YOUR ANSWER. SUCH ATTORNEY SHOULD BE CONSULTED

IMMEDIATELY SO THAT AN ANSWER MAY BE FILED WITHIN THE TIME LIMIT

STATED IN THE SUMMONS.

Oklahoma Statutes - Title 12. Civil Procedure Page 430

Form 2.

PETITION ON A PROMISSORY NOTE

1. Defendant on or about June 1, 19__, executed and delivered

to plaintiff a promissory note (in the following words and figures:

(here set out the note verbatim)); (a copy of which is hereto

annexed as Exhibit A); (whereby defendant promised to pay to

plaintiff or order on June 1, 19__, the sum of ______ dollars with

interest thereon at the rate of ____ percent per annum).

2. Defendant owes to plaintiff the amount of said note and

interest.

Wherefore plaintiff demands judgment against defendant for the

sum of _______ dollars, interest, and costs including reasonable

attorney fees.

Signed: __________________________

Attorney for Plaintiff

Address: _________________________

Form 3.

PETITION ON AN ACCOUNT

Defendant owes plaintiff ______ dollars according to the account

hereto annexed as Exhibit A.

Wherefore (etc. as in Form 2.)

Form 4.

PETITION FOR GOODS SOLD AND DELIVERED

Defendant owes plaintiff _______ dollars for goods sold and

delivered by plaintiff to defendant between June 1, 19__, and

December 1, 19__.

Wherefore (etc. as in Form 2.)

Form 5.

PETITION FOR MONEY LENT

Defendant owes plaintiff ________ dollars for money lent by

plaintiff to defendant on June 1, 19__.

Wherefore (etc. as in Form 2.)

Form 6.

PETITION FOR MONEY PAID BY MISTAKE

Defendant owes plaintiff ________ dollars for money paid by

plaintiff to defendant by mistake on June 1, 19__, under the

following circumstances: (here state the circumstances with

particularity--see subsection B of Section 2009 of this title)

Wherefore plaintiff demands judgment against defendant for the

sum of _______ dollars, interest, and costs.

Form 7.

PETITION FOR MONEY HAD AND RECEIVED

Defendant owes plaintiff _______ dollars for money had and

received from one G.H. on June 1, 19__, to be paid by defendant to

plaintiff.

Wherefore (etc. as in Form 6.)

Form 8.

Oklahoma Statutes - Title 12. Civil Procedure Page 431

PETITION FOR NEGLIGENCE

1. On June 1, 19__, on a public roadway called Utica Avenue in

Tulsa, Oklahoma, defendant negligently drove a motor vehicle against

plaintiff who was then crossing said roadway.

2. As a result plaintiff was thrown down and had his leg broken

and was otherwise injured, was prevented from transacting his

business, suffered great pain of body and mind, and incurred

expenses for medical attention and hospitalization.

Wherefore plaintiff demands judgment against defendant in the

sum of ______ dollars, interest, and costs.

Form 9.

PETITION FOR NEGLIGENCE WHERE PLAINTIFF

IS UNABLE TO DETERMINE DEFINITELY WHETHER

THE PERSON RESPONSIBLE IS C.D. OR E.F. OR

WHETHER BOTH ARE RESPONSIBLE AND WHERE HIS

EVIDENCE MAY JUSTIFY A FINDING OF

WILLFULNESS OR OF RECKLESSNESS OR OF NEGLIGENCE

AND A PRAYER FOR PUNITIVE DAMAGES

A.B., Plaintiff )

v. ) No.__________________

C.D. and E.F., Defendants)

Petition

1. On June 1, 19__, on a public roadway called Utica Avenue in

Tulsa, Oklahoma, defendant C.D. or defendant E.F., or both

defendants C.D. and E.F. willfully or recklessly or negligently

drove or caused to be driven a motor vehicle against plaintiff who

was then crossing said roadway.

2. As a result plaintiff was thrown down and had his leg broken

and was otherwise injured, was prevented from transacting his

business, suffered great pain of body and mind, and incurred

expenses for medical attention and hospitalization.

Wherefore plaintiff demands judgment against C.D. or against

E.F. or against both for actual and punitive damages in the sum of

____________ dollars, interest, and costs.

Form 10.

PETITION FOR CONVERSION

On or about December 1, 19__, defendant converted to his own use

ten bonds of the _____________ Company (here insert brief

identification as by number and issue) of the value of __________

dollars, the property of plaintiff.

Wherefore plaintiff demands judgment against defendant in the

sum of _________ dollars, interest and costs.

Form 11.

PETITION FOR SPECIFIC PERFORMANCE

OF CONTRACT TO CONVEY LAND

Oklahoma Statutes - Title 12. Civil Procedure Page 432

1. On or about December 1, 19__, plaintiff and defendant

entered into an agreement in writing, a copy of which is hereto

annexed as Exhibit A.

2. In accord with the provisions of said agreement plaintiff

tendered to defendant the purchase price and requested a conveyance

of the land, but defendant refused to accept the tender and refused

to make the conveyance.

3. Plaintiff now offers to pay the purchase price.

Wherefore plaintiff demands:

(1) that defendant be required specifically to perform said

agreement;

(2) damages in the sum of One Thousand Dollars ($1,000.00); and

(3) that if specific performance is not granted plaintiff have

judgment against defendant in the sum of _________ dollars.

Form 12.

PETITION ON CLAIM FOR DEBT AND TO SET ASIDE

FRAUDULENT CONVEYANCE UNDER SUBSECTION B

OF SECTION 2018 OF THIS TITLE

A.B., Plaintiff )

v. ) No.__________________

C.D. and E.F., Defendants)

Petition

1. Defendant C.D. on or about _____________ executed and

delivered to plaintiff a promissory note (in the following words and

figures: (here set out the note verbatim)); (a copy of which is

hereto annexed as Exhibit A); (whereby defendant C.D. promised to

pay to plaintiff or order on __________ the sum of Five Thousand

Dollars ($5,000.00) with interest thereon at the rate of __% per

annum).

2. Defendant C.D. owes to plaintiff the amount of said note and

interest.

3. Defendant C.D. on or about ___________ conveyed all his

property, real and personal (or specify and describe) to defendant

E.F. for the purpose of defrauding plaintiff and hindering and

delaying the collection of the indebtedness evidenced by the note

above referred to.

Wherefore plaintiff demands:

(1) That plaintiff have judgment against defendant C.D. for

_________ dollars and interest;

(2) That the aforesaid conveyance to defendant E.F. be declared

void and the judgment herein be declared a lien on said property;

and

(3) That plaintiff have judgment against the defendants for

costs, including reasonable attorney fees.

Form 13.

PETITION FOR NEGLIGENCE UNDER

FEDERAL EMPLOYERS' LIABILITY ACT

Oklahoma Statutes - Title 12. Civil Procedure Page 433

1. During all the times herein mentioned defendant owned and

operated in interstate commerce a railroad which passed through a

tunnel located at ________ and known as Tunnel No. _____.

2. On or about June 1, 19__, defendant was repairing and

enlarging the tunnel in order to protect interstate trains,

passengers and freight from injury and in order to make the tunnel

more conveniently usable for interstate commerce.

3. In the course of thus repairing and enlarging the tunnel on

said day defendant employed plaintiff as one of its workmen, and

negligently put plaintiff to work in a portion of the tunnel which

defendant had left unprotected and unsupported.

4. By reason of defendant's negligence in thus putting

plaintiff to work in that portion of the tunnel, plaintiff was,

while so working pursuant to defendant's orders, struck and crushed

by a rock, which fell from the unsupported portion of the tunnel,

and was (here describe plaintiff's injuries).

5. Prior to these injuries, plaintiff was a strong, able-bodied

man (or woman), capable of earning and actually earning ________

dollars per day. By these injuries he (or she) has been made

incapable of any gainful activity, has suffered great physical and

mental pain, and has incurred expense for medicine, medical

attendance, and hospitalization.

Wherefore plaintiff demands judgment against defendant in the

sum of ________ dollars and costs.

Form 14.

MOTION TO DISMISS, PRESENTING DEFENSES OF FAILURE

TO STATE A CLAIM, OF LACK OF SERVICE OF PROCESS

AND OF IMPROPER VENUE UNDER SUBSECTION B

OF SECTION 2012 OF THIS TITLE

The defendant moves the court as follows:

1. To dismiss the action because the petition fails to state a

claim against defendant upon which relief can be granted, because

plaintiff's claim is barred by the statute of limitations in Section

95 of Title 12 of the Oklahoma Statutes.

2. To dismiss the action or, in lieu thereof, to quash the

return of service of summons on the grounds:

(a) That the defendant is a corporation organized under

the laws of Delaware and was not and is not subject to

service of process within the State of Oklahoma, and

(b) That the defendant has not been properly served with

process in this action, all of which more clearly

appears in the affidavits of M.N. and X.Y., hereto

annexed as Exhibit A and Exhibit B respectively.

3. To dismiss the action on the ground that it is in the wrong

county, because this is an action for damages to land located in

Cherokee County, and under Section 131 of Title 12 of the Oklahoma

Statutes, this action must be brought in Cherokee County, all of

Oklahoma Statutes - Title 12. Civil Procedure Page 434

which more clearly appears in the affidavits of K.L. and V.W.,

hereto annexed as Exhibits C and D respectively.

Signed: ______________________

Attorney for Defendant

Address: ______________________

Notice of Motion

To: ______________________

Attorney for Plaintiff

Please take notice, that the undersigned will bring the above

motion on for hearing before this Court at Room _____, Tulsa County

Courthouse, City of Tulsa on the _____ day of ___________, 19__, at

10:00 o'clock a.m. of that day or as soon thereafter as counsel can

be heard.

Signed: ______________________

Attorney for Defendant

Address: ______________________

Form 15.

ANSWER PRESENTING DEFENSES UNDER SUBSECTION B

OF SECTION 2012 OF THIS TITLE

First Defense

The petition fails to state a claim against defendant upon which

relief can be granted, because plaintiff is suing on a contract for

the sale of goods for a price of more than Five Hundred Dollars

($500.00), which is not enforceable under Section 2-201 of Title 12A

of the Oklahoma Statutes.

Second Defense

If defendant is indebted to plaintiffs for the goods mentioned

in the petition, he is indebted to them jointly with G.H., G.H. is

alive; is a citizen of the State of Oklahoma and a resident of this

state, is subject to the jurisdiction of this court, as to both

service of process and venue; can be made a party without depriving

this court of jurisdiction of the present parties, and has not been

made a party.

Third Defense

Defendant admits the allegation contained in paragraphs 1 and 4

of the petition; alleges that he is without knowledge or information

sufficient to form a belief as to the truth of the allegations

contained in paragraph 2 of the petition; and denies each and every

other allegation contained in the petition.

Fourth Defense

The right of action set forth in the petition did not accrue

within five (5) years next before the commencement of this action.

Counterclaim

(Here set forth any claim as a counterclaim in the manner in

which a claim is pleaded in a petition.)

Cross-claim Against Defendant M.N.

Oklahoma Statutes - Title 12. Civil Procedure Page 435

(Here set forth the claim constituting a cross-claim against

defendant M.N. in the manner in which a claim is pleaded in a

petition.)

Form 16.

ANSWER TO PETITION SET FORTH IN FORM 7, WITH COUNTERCLAIM

FOR INTERPLEADER

Defense

Defendant denies the allegations stated in paragraph 2 of the

petition to the extent set forth in the counterclaim herein.

Counterclaim for Interpleader

1. Defendant received the sum of ________ dollars as a deposit

from E.F. and defendant claims no interest in the money.

2. Plaintiff has demanded the payment of such deposit to him by

virtue of an assignment of it which he claims to have received from

E.F.

3. E.F. has notified the defendant that he claims such deposit,

that the purported assignment is not valid, and that he holds the

defendant responsible for the deposit.

Wherefore defendant demands:

(1) That the court order E.F. to be made a party defendant to

respond to the petition and to this counterclaim.

(2) That the court order the plaintiff and E.F. to interplead

their respective claims.

(3) That the court adjudge whether the plaintiff or E.F. is

entitled to the sum of money.

(4) That the court order the defendant to deposit the money

claimed by the plaintiff and E.F. with the clerk of the court and

discharge the defendant from the action and from all liability in

the premises.

(5) That the court award to the defendant its costs and

attorney's fees.

Form 17.

SUMMONS AND PETITION AGAINST THIRD-PARTY DEFENDANT

IN THE DISTRICT COURT OF

______________ COUNTY, STATE OF OKLAHOMA

A.B., Plaintiff )

v. )

C.D., Defendant and ) No. _________

Third-Party Plaintiff)

v. )

E.F., Third-Party )

Defendant )

Summons

To the above-named Third-Party Defendant:

You have been sued by the above-named defendant and third-party

plaintiff, and you are directed to file a written answer to the

attached third-party petition in the court at the above address

Oklahoma Statutes - Title 12. Civil Procedure Page 436

within twenty (20) days after the service of this summons upon you,

exclusive of the day of service. Within the same time, a copy of

your answer must be delivered or mailed to the attorney for the

third-party plaintiff and to the attorney for the original

plaintiff.

Unless you answer the third-party petition within the time

stated, judgment will be rendered against you with costs of the

action.

__________, Court Clerk

by__________, Deputy Court Clerk

(Seal)

Attorney(s) for Original Plaintiff(s):

Name _____________________

Address __________________

__________________________

Telephone Number _________

Attorney(s) for Third-Party Plaintiff(s):

Name _____________________

Address __________________

__________________________

Telephone Number _________

This summons was served on ____________________ (date of

service)

_____________________________________

(Signature of person serving summons)

YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY MATTER CONNECTED

WITH THIS SUIT OR YOUR ANSWER. SUCH ATTORNEY SHOULD BE CONSULTED

IMMEDIATELY SO THAT AN ANSWER MAY BE FILED WITHIN THE TIME LIMIT

STATED IN THE SUMMONS.

IN THE DISTRICT COURT OF ______________ COUNTY,

STATE OF OKLAHOMA

A.B., Plaintiff )

v. )

C.D., Defendant and ) No. __________

Third-Party Plaintiff)

v. )

E.F., Third-Party )

Defendant )

Third-Party Petition

1. Plaintiff A.B. has filed against defendant C.D. a petition,

a copy of which is hereto attached as "Exhibit A".

2. (Here state the grounds upon which C.D. is entitled to

recover from E.F. all or part of what A.B. may recover from C.D.

The statement should be framed as in an original petition.)

Wherefore C.D. demands judgment against third-party defendant

E.F. for all sums that may be adjudged against defendant C.D. in

favor of plaintiff A.B.

Oklahoma Statutes - Title 12. Civil Procedure Page 437

Signed: _______________________

Attorney for C.D.,

Third-Party Plaintiff

Address: ______________________

Form 18.

MOTION TO BRING IN THIRD-PARTY DEFENDANT

Defendant moves for leave, as third-party plaintiff, to cause to

be served upon E.F. a summons and third-party petition, copies of

which are hereto attached as "Exhibit X".

Signed: ___________________________

Attorney for Defendant C.D.

Address:___________________________

Notice of Motion

(Contents the same as in Form 14. The notice should be

addressed to all parties to the action.)

Exhibit X

(Contents the same as in Form 17)

Form 19.

NOTICE OF MOTION AND MOTION FOR LEAVE TO INTERVENE AS PLAINTIFF

IN THE DISTRICT COURT OF ____ COUNTY, STATE OF OKLAHOMA

A.B., Plaintiff, )

v. )

C.D., Defendant, ) No. _____

E.F., Applicant for)

intervention )

Notice of Motion and Motion

TO: ____ (Plaintiff) and _____ (Defendant) and to _____ and

____, their respective attorneys

Please be advised that in Room _____, Tulsa County Courthouse,

_____ (address), on ______, 19___, or as soon thereafter as counsel

can be heard, _____ (proposed intervenor) will move for leave to

intervene as plaintiff in the above-styled action on the ground that

he has a claim against the above-named defendant that involves

questions of law and fact in common with those that are involved in

the original action, and that his intervention to assert the claim

will not unduly delay or prejudice the adjudication of the rights of

the original parties. The claim of _____ (proposed intervenor) is

set out in his attached proposed petition in intervention.

The motion will be based on this notice, (the attached affidavit

of _____), and on all the pleadings and records heretofore filed in

this action.

Signed: __________________________

Attorney for E.F.

Applicant for Intervention

Address: __________________________

(Attach Affidavit, if any)

Form 20.

Oklahoma Statutes - Title 12. Civil Procedure Page 438

MOTION TO INTERVENE AS A DEFENDANT UNDER

SECTION 2024 OF THIS TITLE

(Based upon the petition, Form 8)

IN THE DISTRICT COURT OF ______________ COUNTY,

STATE OF OKLAHOMA

A.B., Plaintiff )

v. )

C.D., Defendant ) No. _________

E.F., Applicant for)

intervention )

Motion to Intervene as a Defendant

E.F. moves for leave to intervene as a defendant in this action,

in order to assert the defenses set forth in his proposed answer, of

which a copy is hereto attached, on the ground that he is the

employer of defendant C.D., who was operating a motor vehicle in the

course of his employment at the time of the accident alleged in the

petition, and as such has a defense to plaintiff's claim presenting

both questions of law and of fact which are common to the main

action.

Signed:__________________________

Attorney for E.F.,

Applicant for Intervention

Address: __________________________

Notice of Motion

(Contents the same as in Form 14)

IN THE DISTRICT COURT OF ______________ COUNTY, STATE OF OKLAHOMA

A.B., Plaintiff )

v. )

C.D., Defendant ) No. _________

E.F., Intervenor)

Intervenor's Answer

First Defense

Intervenor denies the allegations stated in paragraphs 1 and 2

of the petition insofar as they assert the negligence of defendant.

Second Defense

Plaintiff was not injured as a result of the negligence of

defendant, since plaintiff was crossing the public street against a

red stoplight and defendant had the right of way.

Signed: __________________

Attorney for E.F.,

Intervenor

Address: __________________

Form 21.

ALLEGATION OF REASON FOR OMITTING PARTY

When it is necessary, under subsection C of Section 2019 of this

title, for the pleader to set forth in his pleading the names of

Oklahoma Statutes - Title 12. Civil Procedure Page 439

persons who ought to be made parties, but who are not so made, there

should be an allegation such as the one set out below:

John Doe, named in this petition, is not made a party to this

action (because he is not subject to the jurisdiction of this

court); (because he cannot be made a party to this action without

depriving this court of jurisdiction).

Form 22.

SUGGESTION OF DEATH UPON THE RECORD UNDER PARAGRAPH 1

OF SUBSECTION A OF SECTION 2025 OF THIS TITLE

A.B. (describe as a party, or as executor, administrator, or

other representative or successor of C.D., the deceased party)

suggests upon the record, pursuant to paragraph 1 of subsection A of

Section 2025 of this title, the death of C.D. (describe as party)

during the pendency of this action.
Okla. Stat. tit. 12A, § 12A-1-302 — OK Code / Title 12A / Section 12A-1-302
Variation by agreement
Status: in_force

Variation by Agreement.

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

section or elsewhere in the Uniform Commercial Code, the effect of

the Uniform Commercial Code may be varied by agreement.

(b) The obligations of good faith, diligence, reasonableness,

and care prescribed by the Uniform Commercial Code may not be

disclaimed by agreement. The parties, by agreement, may determine

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 182

the standards by which the performance of those obligations is to be

measured if those standards are not manifestly unreasonable.

Whenever the Uniform Commercial Code requires an action to be taken

within a reasonable time, a time that is not manifestly unreasonable

may be fixed by agreement.

(c) The presence in certain provisions of the Uniform

Commercial Code of the phrase “unless otherwise agreed” or words of

similar import does not imply that the effect of other provisions

may not be varied by agreement under this section.
Okla. Stat. tit. 12, § 12-3006 — OK Code / Title 12 / Section 12-3006
Summaries
Status: in_force

The contents of voluminous writings, recordings or photographs

which cannot conveniently be examined in court may be presented in

the form of a chart, summary or calculation. The originals, or

duplicates, shall be made available for examination or copying, or

both, by other parties at a reasonable time and place. The judge

may order that they be produced in court.
Okla. Stat. tit. 12, § 12-1147.5 — OK Code / Title 12 / Section 12-1147.5
Trust in proceeds of sale
Status: in_force

Upon confirming the sale of real estate under the provisions of

Section 1147.4 of this title, the court shall direct that the

proceeds of the sale, including any purchase money mortgage which

may be accepted as a part of the purchase price, less any costs

chargeable against the same, constitute a trust to be managed and

invested under the continuing jurisdiction of the court and, except

as may be otherwise directed by the court, in accordance with the

provisions of the Oklahoma Trust Act and the Oklahoma Uniform

Prudent Investor Act. The trustee appointed to make said sale may

be continued as trustee for the administration of the trust or the

court may appoint a different trustee for the purpose of

administering the trust. In the order of confirmation of sale and

the appointment of the trustee to administer the trust, the court

shall make appropriate provisions with respect to the term during

which the trust shall be administered and how the income and

principal thereof shall be distributed.
Okla. Stat. tit. 12A, § 12A-2-326 — OK Code / Title 12A / Section 12A-2-326
Sale on Approval and Sale or Return; Consignment Sales
Status: in_force

and Rights of Creditors.

Sale on Approval and Sale or Return; Consignment Sales and

Rights of Creditors.

(1) Unless otherwise agreed, if delivered goods may be returned

by the buyer even though they conform to the contract, the

transaction is

(a) a "sale on approval" if the goods are delivered primarily

for use, and

(b) a "sale or return" if the goods are delivered primarily for

resale.

(2) Goods held on approval are not subject to the claims of the

buyer's creditors until acceptance; goods held on sale or return are

subject to such claims while in the buyer's possession.

(3) Any "or return" term of a contract for sale is to be

treated as a separate contract for sale within the statute of frauds

section of this article (Section 2-201 of this title) and as

contradicting the sale aspect of the contract within the provisions

of this article on parole or extrinsic evidence (Section 2-202 of

this title).
Okla. Stat. tit. 12, § 12-1753 — OK Code / Title 12 / Section 12-1753
Affidavits - Form - Filing
Status: in_force

A. Actions under the small claims procedure as described in

paragraphs 1 and 2 of subsection A of Section 1751 of this title

shall be initiated by plaintiff or plaintiff's attorney filing an

affidavit in substantially the following form with the clerk of the

court:

In the District Court, County of _______________,

Oklahoma Statutes - Title 12. Civil Procedure Page 330

State of Oklahoma.

____________________

Plaintiff

vs. Small Claims No. ___________

____________________

Defendant

STATE OF OKLAHOMA )

) ss

COUNTY OF _________)

____________________, being duly sworn, deposes and says:

That the defendant resides at ________________________________,

in the above-named county, and that the mailing address of the

defendant is ______________________________________________________.

That the defendant is indebted to the plaintiff in the sum of

$______ for __________, that plaintiff has demanded payment of the

sum, but the defendant refused to pay the same and no part of the

amount sued for has been paid,

or

That the defendant is wrongfully in possession of certain

personal property described as _____________________________________

____________________________________________________________________

that the value of the personal property is $______, that plaintiff

is entitled to possession thereof and has demanded that defendant

relinquish possession of the personal property, but that defendant

wholly refuses to do so.

_____________________________________________

Subscribed and sworn to before me this _____ day of __________,

20__.

_____________________________________________

Notary Public (or Clerk or Judge)

My Commission Expires:

______________________

On the affidavit shall be printed:

ORDER

The people of the State of Oklahoma, to the within-named

defendant:

You are hereby directed to appear and answer the foregoing claim

and to have with you all books, papers, and witnesses needed by you

to establish your defense to the claim.

This matter shall be heard at ____________________ (name or

address of building), in _______________, County of _______________,

State of Oklahoma, at the hour of _____ o'clock of the _____ day of

__________, 20__. And you are further notified that in case you do

not so appear judgment will be given against you as follows:

For the amount of the claim as it is stated in the affidavit, or

for possession of the personal property described in the affidavit.

Oklahoma Statutes - Title 12. Civil Procedure Page 331

And, in addition, for costs of the action (including attorney

fees where provided by law), including costs of service of the

order.

Dated this _____ day of __________, 20__.

________________________________________

Clerk of the Court (or Judge)

B. Actions under the small claims procedure as described in

paragraph 3 of subsection A of Section 1751 of this title shall be

initiated by plaintiff or plaintiff's attorney filing an affidavit

in substantially the following form with the clerk of the court:

In the District Court, County of ______________________,

State of Oklahoma.

____________________

Plaintiff

vs. Small Claims No. ___________

____________________

Defendant

____________________

Defendant

STATE OF OKLAHOMA )

) ss.

COUNTY OF________________)

________________________, being duly sworn, deposes and says:

That, ______________________, the defendant resides at

_______________________, in the above-named county, and that the

mailing address of the defendant is __________________________.

That, ______________________, the defendant resides at

_______________________, in the above-named county, and that the

mailing address of the defendant is __________________________.

That the plaintiff has custody or possession of money in the

amount or value of $________, held pursuant to the following:

______________________________________________________________

______________________________________________________________.

That the defendants claim or may claim to be entitled to the

money.

That the plaintiff deposits herewith into the court $________,

which equals the amount of the money to be invested in accordance

with the order of the court and that the plaintiff will abide with

the judgment of the court as to the final disposition thereof.

Subscribed and sworn to before me this __ day of ____, 20__.

_________________________________

Notary Public (or Clerk or Judge)

My Commission Expires:

______________________

On the affidavit shall be printed:

ORDER

Oklahoma Statutes - Title 12. Civil Procedure Page 332

The people of the State of Oklahoma, to each of the within-named

defendants:

You are hereby directed to appear and answer the foregoing claim

and to have with you all books, papers, and witnesses needed by you

to establish your claim to the money.

This matter shall be heard at ____________ (name or address of

building), in __________, County of __________, State of Oklahoma,

at the hour of ______ o'clock of the ______ day of __________, 20__.

And you are further notified that in case you do not so appear

judgment will be given against you as follows:

Determining or foreclosing your claim to the above-described

money as well as the disposition thereof.

And, in addition, for costs of the action, including attorney

fees where provided by law, and including costs of service of the

order.

Dated this ______ day of __________, 20__.

_____________________________

Clerk of the Court (or Judge)
Okla. Stat. tit. 12A, § 12A-3-415 — OK Code / Title 12A / Section 12A-3-415
Obligation of Indorser
Status: in_force

OBLIGATION OF INDORSER

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

section and to subsection (d) of Section 3-419 of this title, if an

instrument is dishonored, an indorser is obliged to pay the amount

due on the instrument (i) according to the terms of the instrument

at the time it was indorsed, or (ii) if the indorser indorsed an

incomplete instrument, according to its terms when completed, to the

extent stated in Section 3-115 and 3-407 of this title. The

obligation of the indorser is owed to a person entitled to enforce

the instrument or to a subsequent indorser who paid the instrument

under this section.

(b) If an indorsement states that it is made "without recourse"

or otherwise disclaims liability of the indorser, the indorser is

not liable under subsection (a) of this section to pay the

instrument.

(c) If notice of dishonor of an instrument is required by

Section 3-503 of this title and notice of dishonor complying with

that section is not given to an indorser, the liability of the

indorser under subsection (a) of this section is discharged.

(d) If a draft is accepted by a bank after an indorsement is

made, the liability of the indorser under subsection (a) of this

section is discharged.

(e) If an indorser of a check is liable under subsection (a) of

this section and the check is not presented for payment, or given to

a depositary bank for collection, within thirty (30) days after the

day the indorsement was made, the liability of the indorser under

subsection (a) of this section is discharged.
Okla. Stat. tit. 12A, § 12A-7-305 — OK Code / Title 12A / Section 12A-7-305
Destination bills
Status: in_force

Destination Bills.

(a) Instead of issuing a bill of lading to the consignor at the

place of shipment, a carrier, at the request of the consignor, may

procure the bill to be issued at destination or at any other place

designated in the request.

(b) Upon request of a person entitled as against a carrier to

control the goods while in transit and on surrender of possession or

control of any outstanding bill of lading or other receipt covering

the goods, the issuer, subject to Section 7-105 of this title, may

procure a substitute bill to be issued at any place designated in

the request.
Okla. Stat. tit. 12, § 12-2026 — OK Code / Title 12 / Section 12-2026
Forms
Status: in_force

FORMS

The forms contained in Section 29 of this act, the Appendix of

Forms, are sufficient under the Oklahoma Pleading Code and are

intended to indicate the simplicity and brevity of statement which

the Oklahoma Pleading Code contemplates.
Okla. Stat. tit. 12, § 12-1866 — OK Code / Title 12 / Section 12-1866
Role of arbitrator
Status: in_force

A. An arbitrator may conduct an arbitration in such manner as

the arbitrator considers appropriate for a fair and expeditious

disposition of the proceeding. The authority conferred upon the

arbitrator includes the power to hold conferences with the parties

to the arbitration proceeding before the hearing and, among other

matters, determine the admissibility, relevance, materiality and

Oklahoma Statutes - Title 12. Civil Procedure Page 363

weight of any evidence, as well as ask questions of any witnesses

during the proceedings.

B. An arbitrator may decide a request for summary disposition

of a claim or particular issue:

1. If all interested parties agree; or

2. Upon request of one party to the arbitration proceeding if

that party gives notice to all other parties to the proceeding and

the other parties have a reasonable opportunity to respond.

C. If an arbitrator orders a hearing, the arbitrator shall set

a time and place and give notice of the hearing not less than five

(5) days before the hearing begins. Unless a party to the

arbitration proceeding makes an objection to lack or insufficiency

of notice not later than the beginning of the hearing, the party’s

appearance at the hearing waives the objection. Upon request of a

party to the arbitration proceeding and for good cause shown, or

upon the arbitrator’s own initiative, the arbitrator may adjourn the

hearing from time to time as necessary but may not postpone the

hearing to a time later than that fixed by the agreement to

arbitrate for making the award unless the parties to the arbitration

proceeding consent to a later date. The arbitrator may hear and

decide the controversy upon the evidence produced although a party

who was duly notified of the arbitration proceeding did not appear.

The court, on request, may direct the arbitrator to conduct the

hearing promptly and render a timely decision.

D. At a hearing under subsection C of this section, a party to

the arbitration proceeding has a right to be heard, to present

evidence material to the controversy, and to cross-examine witnesses

appearing at the hearing.

E. If an arbitrator ceases or is unable to act during the

arbitration proceeding, a replacement arbitrator must be appointed

in accordance with Section 12 of this act to continue the proceeding

and to resolve the controversy.
Okla. Stat. tit. 12, § 12-1152 — OK Code / Title 12 / Section 12-1152
Attachment affidavit
Status: in_force

An order of attachment shall be issued by the judge of the court

in which the action is brought, when:

1. There is filed in the office of the court clerk an

application that the court issue an order of attachment which states

facts which show:

First, The nature of the plaintiff's claim;

Second, That it is just;

Third, The amount which the affiant believes the plaintiff ought

to recover; and,

Fourth, The existence of some one of the grounds for an

attachment enumerated in Section 1151 of this title.

2. The application must be verified by the plaintiff or, where

his agent or attorney has personal knowledge of the facts, by said

agent or attorney.

3. The defendant has been served with a notice, issued by the

clerk, which shall notify the defendant that an order of attachment

of property is requested and that he may object to the issuance of

Oklahoma Statutes - Title 12. Civil Procedure Page 231

such an order by a written objection which is filed with the court

clerk and mailed or delivered to the plaintiff's attorney within

five (5) days of the receipt of the notice. A copy of plaintiff's

application shall be attached to and served with the notice, and the

notice and application may be served with the summons in the action.

4. If no written objection is filed within the five-day period,

no hearing is necessary and the clerk may issue the order of

attachment. If a written objection is filed within the five-day

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

matter for a prompt hearing with notice to the adverse party. If

the plaintiff proves the probable merit of his cause and the truth

of the matters asserted in his application for an order of

attachment, the court may issue the order of attachment. Provided,

however, before an order of attachment is issued by either the court

or the clerk, the plaintiff has executed an undertaking pursuant to

Section 1153 of this title.

5. If the court finds that the defendant cannot be given notice

as provided herein although a reasonable effort was made to notify

him, but at the hearing the plaintiff proves the probable merit of

his cause and the truth of the matters asserted in his application,

the court may issue the order of attachment. The defendant may

subsequently move to have the attachment vacated as provided in

Section 1241 of this title.

R.L. 1910, § 4813. Amended by Laws 1976, c. 87, § 1, emerg. eff.

May 4, 1976.
Okla. Stat. tit. 12A, § 12A-4A-507 — OK Code / Title 12A / Section 12A-4A-507
Choice of law
Status: in_force

CHOICE OF LAW

(a) The following rules apply unless the affected parties

otherwise agree or subsection (c) of this section applies:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 380

(1) The rights and obligations between the sender of a payment

order and the receiving bank are governed by the law of the

jurisdiction in which the receiving bank is located.

(2) The rights and obligations between the beneficiary's bank

and the beneficiary are governed by the law of the jurisdiction in

which the beneficiary's bank is located.

(3) The issue of when payment is made pursuant to a funds

transfer by the originator to the beneficiary is governed by the law

of the jurisdiction in which the beneficiary's bank is located.

(b) If the parties described in each paragraph of subsection

(a) have made an agreement selecting the law of a particular

jurisdiction to govern rights and obligations between each other,

the law of that jurisdiction governs those rights and obligations,

whether or not the payment order or the funds transfer bears a

reasonable relation to that jurisdiction.

(c) A funds-transfer system rule may select the law of a

particular jurisdiction to govern (i) rights and obligations between

participating banks with respect to payment orders transmitted or

processed through the system, or (ii) the rights and obligations of

some or all parties to a funds transfer any part of which is carried

out by means of the system. A choice of law made pursuant to clause

(i) is binding on participating banks. A choice of law made

pursuant to clause (ii) is binding on the originator, other sender,

or a receiving bank having notice that the funds-transfer system

might be used in the funds transfer and of the choice of law by the

system when the originator, other sender, or receiving bank issued

or accepted a payment order. The beneficiary of a funds transfer is

bound by the choice of law if, when the funds transfer is initiated,

the beneficiary has notice that the funds-transfer system might be

used in the funds transfer and of the choice of law by the system.

The law of a jurisdiction selected pursuant to this subsection may

govern, whether or not that law bears a reasonable relation to the

matter in issue.

(d) In the event of inconsistency between an agreement under

subsection (b) and a choice-of-law rule under subsection (c) of this

section, the agreement under subsection (b) of this section

prevails.

(e) If a funds transfer is made by use of more than one funds-

transfer system and there is inconsistency between choice-of-law

rules of the systems, the matter in issue is governed by the law of

the selected jurisdiction that has the most significant relationship

to the matter in issue.
Okla. Stat. tit. 12, § 12-1055 — OK Code / Title 12 / Section 12-1055
Death of a child
Status: in_force

In all actions hereinafter brought to recover damages for the

death of an unmarried, unemancipated minor child, the damages

recoverable shall include medical and burial expense, loss of

anticipated services and support, loss of companionship and love of

the child, destruction of parent-child relationship and loss of

monies expended by parents or guardian in support, maintenance and

education of such minor child, in such amount as, under all

circumstances of the case, may be just.
Okla. Stat. tit. 12, § 2201 — OK Code / Title 12 / Section 2201
Judicial notice of law
Status: in_force

A. Judicial notice shall be taken by the court of the common law, constitutions and public statutes in force in every state, territory and jurisdiction of the United States.

B. Judicial notice may be taken by the court of:

1. Private acts and resolutions of the Congress of the United States and of the Legislature of this state, and duly enacted ordinances and duly published regulations of governmental subdivisions or agencies of this state or the United States; and

2. The laws of foreign countries.

C. The determination by judicial notice of the applicability and the tenor of any matter of common law, constitutional law or of any statute, private act, resolution, ordinance or regulation shall be a matter for the judge and not for the jury.
Okla. Stat. tit. 12, § 12-901 — OK Code / Title 12 / Section 12-901
Execution for delivery of property
Status: in_force

If the execution be for the delivery of the possession of real

or personal property, it shall require the officer to deliver the

same, particularly describing the property, to the party entitled

thereto, and may, at the same time, require the officer to satisfy

any costs or damages, recovered in the same judgment, out of the

goods and chattels of the party against whom it was rendered; and,

for the want of such goods and chattels, then out of the lands and

tenements; and in this respect it shall be deemed an execution

against the property.

R.L. 1910, § 5214.

Oklahoma Statutes - Title 12. Civil Procedure Page 171
Okla. Stat. tit. 12, § 12-2504 — OK Code / Title 12 / Section 12-2504
Husband-wife privilege
Status: in_force

A. A communication is confidential for purposes of this section

if it is made privately by any person to the person’s spouse and is

not intended for disclosure to any other person.

B. An accused in a criminal proceeding has a privilege to

prevent the spouse of the accused from testifying as to any

confidential communication between the accused and the spouse.

C. The privilege may be claimed by the accused or by the spouse

on behalf of the accused. The authority of the spouse to do so is

presumed.

D. There is no privilege under this section in a proceeding in

which one spouse is charged with a crime against the person or

property of:

1. The other;

2. A child of either;

3. A person residing in the household of either; or

4. A third person when the crime is committed in the course of

committing a crime against any other person named in this section.
Okla. Stat. tit. 12, § 12-1876 — OK Code / Title 12 / Section 12-1876
Judgment in conformity
Status: in_force

A. Upon granting an order confirming, vacating without

directing a rehearing, modifying, or correcting an award, the court

shall enter a judgment in conformity therewith. The judgment may be

recorded, docketed, and enforced as any other judgment in a civil

action.

B. A court may allow reasonable costs of the motion and

subsequent judicial proceedings.

C. On application of a prevailing party to a contested judicial

proceeding under Section 23, 24, or 25, the court may add reasonable

attorney fees and other reasonable expenses of litigation incurred

in a judicial proceeding after the award is made to a judgment

confirming, vacating without directing a rehearing, modifying, or

correcting an award.
Okla. Stat. tit. 12, § 12-725 — OK Code / Title 12 / Section 12-725
Optional procedure
Status: in_force

The right of a judgment creditor to bring an action to enforce

his judgment instead of proceeding under this act remains

unimpaired.
Okla. Stat. tit. 12A, § 12A-4-202 — OK Code / Title 12A / Section 12A-4-202
Responsibility for Collection or Return; When Action
Status: in_force

Timely.

RESPONSIBILITY FOR COLLECTION

OR RETURN; WHEN ACTION TIMELY

(a) A collecting bank must exercise ordinary care in:

(1) Presenting an item or sending it for presentment;

(2) Sending notice of dishonor or nonpayment or returning

an item other than a documentary draft to the bank's

transferor after learning that the item has not been

paid or accepted, as the case may be;

(3) Settling for an item when the bank receives final

settlement; and

(4) Notifying its transferor of any loss or delay in

transit within a reasonable time after discovery

thereof.

(b) A collecting bank exercises ordinary care under subsection

(a) of this section by taking proper action before its midnight

deadline following receipt of an item, notice, or settlement.

Taking proper action within a reasonably longer time may constitute

the exercise of ordinary care, but the bank has the burden of

establishing timeliness.

(c) Subject to paragraph (1) of subsection (a) of this section,

a bank is not liable for the insolvency, neglect, misconduct,

mistake or default of another bank or person or for loss or

destruction of an item in the possession of others or in transit.
Okla. Stat. tit. 12A, § 12A-4A-209 — OK Code / Title 12A / Section 12A-4A-209
Acceptance of payment order
Status: in_force

ACCEPTANCE OF PAYMENT ORDER

(a) Subject to subsection (d) of this section, a receiving bank

other than the beneficiary's bank accepts a payment order when it

executes the order.

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

beneficiary's bank accepts a payment order at the earliest of the

following times:

(1) When the bank (i) pays the beneficiary as stated in

subsection (a) or (b) of Section 30 of this act, or (ii) notifies

the beneficiary of receipt of the order or that the account of the

beneficiary has been credited with respect to the order unless the

notice indicates that the bank is rejecting the order or that funds

with respect to the order may not be withdrawn or used until receipt

of payment from the sender of the order;

(2) When the bank receives payment of the entire amount of the

sender's order pursuant to paragraph (1) or (2) of subsection (a) of

Section 28 of this act; or

(3) The opening of the next funds-transfer business day of the

bank following the payment date of the order if, at that time, the

amount of the sender's order is fully covered by a withdrawable

credit balance in an authorized account of the sender or the bank

has otherwise received full payment from the sender, unless the

order was rejected before that time or is rejected within (i) one

hour after that time, or (ii) one hour after the opening of the next

business day of the sender following the payment date if that time

is later. If notice of rejection is received by the sender after

the payment 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

payment date to the day the sender receives notice or learns that

the order was not accepted, counting that day as an elapsed day. If

the withdrawable credit balance during that period falls below the

amount of the order, the amount of interest payable is reduced

accordingly.

(c) Acceptance of a payment order cannot occur before the order

is received by the receiving bank. Acceptance does not occur under

paragraph (2) or (3) of subsection (b) of this section if the

beneficiary of the payment order does not have an account with the

receiving bank, the account has been closed, or the receiving bank

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 365

is not permitted by law to receive credits for the beneficiary's

account.

(d) A payment order issued to the originator's bank cannot be

accepted until the payment date if the bank is the beneficiary's

bank, or the execution date if the bank is not the beneficiary's

bank. If the originator's bank executes the originator's payment

order before the execution date or pays the beneficiary of the

originator's payment order before the payment date and the payment

order is subsequently canceled pursuant to subsection (b) of Section

19 of this act, the bank may recover from the beneficiary any

payment received to the extent allowed by the law governing mistake

and restitution.
Okla. Stat. tit. 12A, § 12A-7-210 — OK Code / Title 12A / Section 12A-7-210
Enforcement of warehouse's lien
Status: in_force

Enforcement of Warehouseman's Lien.

(a) Except as provided in subsection (b) of this section, a

warehouse’s lien may be enforced by public or private sale of the

goods, in bulk or in packages, at any time or place and on any terms

that are commercially reasonable, after notifying all persons known

to claim an interest in the goods. The notification must include a

statement of the amount due, the nature of the proposed sale, and

the time and place of any public sale. The fact that a better price

could have been obtained by a sale at a different time or in a

method different from that selected by the warehouse is not of

itself sufficient to establish that the sale was not made in a

commercially reasonable manner. The warehouse sells in a

commercially reasonable manner if the warehouse sells the goods in

the usual manner in any recognized market therefor, sells at the

price current in that market at the time of the sale, or otherwise

sells in conformity with commercially reasonable practices among

dealers in the type of goods sold. A sale of more goods than

apparently necessary to be offered to ensure satisfaction of the

obligation is not commercially reasonable except in cases covered by

the preceding sentence.

(b) A warehouse may enforce its lien on goods other than goods

stored by a merchant in the course of its business, only if the

following requirements are satisfied:

(1) All persons known to claim an interest in the goods must be

notified.

(2) The notification must include an itemized statement of the

claim, a description of the goods subject to the lien, a demand for

payment within a specified time not less than ten (10) days after

receipt of the notification, and a conspicuous statement that unless

the claim is paid within that time the goods will be advertised for

sale and sold by auction at a specified time and place.

(3) The sale must conform to the terms of the notification.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 406

(4) The sale must be held at the nearest suitable place to that

where the goods are held or stored.

(5) After the expiration of the time given in the notification,

an advertisement of the sale must be published once a week for two

(2) weeks consecutively in a newspaper of general circulation where

the sale is to be held. The advertisement must include a

description of the goods, the name of the person on whose account

they are being held, and the time and place of the sale. The sale

must take place at least fifteen (15) days after the first

publication. If there is no newspaper of general circulation where

the sale is to be held, the advertisement must be posted at least

ten (10) days before the sale in not fewer than six conspicuous

places in the neighborhood of the proposed sale.

(c) Before any sale pursuant to this section, any person

claiming a right in the goods may pay the amount necessary to

satisfy the lien and the reasonable expenses incurred in complying

with this section. In that event, the goods may not be sold but

must be retained by the warehouse subject to the terms of the

receipt and this article.

(d) A warehouse may buy at any public sale pursuant to this

section.

(e) A purchaser in good faith of goods sold to enforce a

warehouse’s lien takes the goods free of any rights of persons

against which the lien was valid, despite the warehouse’s

noncompliance with this section.

(f) A warehouse may satisfy its lien from the proceeds of any

sale pursuant to this section but shall hold the balance, if any,

for delivery on demand to any person to which the warehouse would

have been bound to deliver the goods.

(g) The rights provided by this section are in addition to all

other rights allowed by law to a creditor against a debtor.

(h) If a lien is on goods stored by a merchant in the course of

its business the lien may be enforced in accordance with subsection

(a) or (b) of this section.

(i) A warehouse is liable for damages caused by failure to

comply with the requirements for sale under this section and, in

case of willful violation, is liable for conversion.
Okla. Stat. tit. 12A, § 12A-3-402 — OK Code / Title 12A / Section 12A-3-402
Signature by Representative
Status: in_force

SIGNATURE BY REPRESENTATIVE

(a) If a person acting, or purporting to act, as a

representative signs an instrument by signing either the name of the

represented person or the name of the signer, the represented person

is bound by the signature to the same extent the represented person

would be bound if the signature were on a simple contract. If the

represented person is bound, the signature of the representative is

the "authorized signature of the represented person" and the

represented person is liable on the instrument, whether or not

identified in the instrument.

(b) If a representative signs the name of the representative to

an instrument and the signature is an authorized signature of the

represented person, the following rules apply:

(1) If the form of the signature shows unambiguously that

the signature is made on behalf of the represented

person who is identified in the instrument, the

representative is not liable on the instrument; and

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 307

(2) Subject to subsection (c) of this section, if (i) the

form of the signature does not show unambiguously that

the signature is made in a representative capacity or

(ii) the represented person is not identified in the

instrument, the representative is liable on the

instrument to a holder in due course that took the

instrument without notice that the representative was

not intended to be liable on the instrument. With

respect to any other person, the representative is

liable on the instrument unless the representative

proves that the original parties did not intend the

representative to be liable on the instrument.

(c) If a representative signs the name of the representative as

drawer of a check without indication of the representative status

and the check is payable from an account of the represented person

who is identified on the check, the signer is not liable on the

check if the signature is an authorized signature of the represented

person.
Okla. Stat. tit. 12, § 12-1179 — OK Code / Title 12 / Section 12-1179
Failure of garnishee to answer
Status: in_force

If any garnishee, having been duly summoned, shall fail to file

and deliver or mail the answer as required by Sections 1172.2, 1178,

1178.1 or 1178.2 of this title, to appear for deposition or to

answer interrogatories as provided in Section 1183 of this title,

the court shall enter an order to the garnishee to file and deliver

or mail the answer, to appear for deposition, or to answer the

Oklahoma Statutes - Title 12. Civil Procedure Page 255

interrogatories within a time prescribed by the court, not to be

less than seven (7) days, in the order and also to deliver within

the same period of time to the court or the judgment creditor any

money or property of defendant that the garnishee is required to pay

or deliver under this title. The court shall also direct the manner

in which notice of the order shall be given to the garnishee. The

order for giving notice shall specify a manner of giving notice

which is calculated to be most likely to give actual notice to the

garnishee or its managing officers, directors, or agents. The order

shall specifically inform the garnishee that the garnishee has

failed to respond to the summons and shall specifically advise the

garnishee that judgment will be rendered against it in the principal

amount of the judgment against the defendant plus costs, which

amounts will be specified, upon failure to conform with the

requirements of the order. If the garnishee shall fail to file and

deliver or mail the answer affidavit as required in the order,

appear for deposition, or to answer interrogatories as provided in

the order, then the court shall render judgment against the

garnishee for the amount of the judgment and costs due the judgment

creditor from the defendant in the principal action together with

the costs of the garnishment, including a reasonable attorney's fee

to the judgment creditor for prosecuting the garnishment. The

garnishee may also be subject to punishment for contempt; provided,

however, the court shall have power to vacate or modify any order

issued pursuant to this section in the manner provided in Sections

1031 or 1031.1 of this title.

R.L. 1910, § 4829. Amended by Laws 1965, c. 297, § 9; Laws 1976, c.

87, § 8, emerg. eff. May 4, 1976; Laws 1992, c. 156, § 1, eff. Sept.

1, 1992; Laws 1995, c. 338, § 12, eff. Nov. 1, 1995.
Okla. Stat. tit. 12, § 12-3257 — OK Code / Title 12 / Section 12-3257
Application of act
Status: in_force

This act applies to requests for discovery in cases pending on

November 1, 2021.
Okla. Stat. tit. 12A, § 12A-1-102 — OK Code / Title 12A / Section 12A-1-102
Scope of article
Status: in_force

Scope of Article.

This article applies to a transaction to the extent that it is

governed by another article of the Uniform Commercial Code.
Okla. Stat. tit. 12, § 12-1281a — OK Code / Title 12 / Section 12-1281a
Renumbered as § 125 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-1277.6 — OK Code / Title 12 / Section 12-1277.6
Renumbered as § 117 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-1148.9 — OK Code / Title 12 / Section 12-1148.9
Attorney fee
Status: in_force

A reasonable attorney fee shall be allowed by the court to the

prevailing party.
Okla. Stat. tit. 12, § 12-1171.2 — OK Code / Title 12 / Section 12-1171.2
Child support payment - Income assignment or
Status: in_force

garnishment proceedings.

A. Any person awarded custody of and support for a minor child

by the district court or awarded periodic child support payments by

the Department of Human Services, or the Department of Human

Services on behalf of a recipient of Temporary Assistance for Needy

Families or on behalf of a person not receiving Temporary Assistance

for Needy Families shall be entitled to proceed to collect any

current child support and child support due and owing through income

assignment pursuant to the provisions of this section and Section

1171.3 of this title or Sections 240 through 240.3 of Title 56 of

the Oklahoma Statutes or by garnishment, if the minor child is in

the custody and care of the person entitled to receive the child

support or as is otherwise provided by the court or administrative

order at the time of the income assignment or garnishment

proceedings.

B. The maximum part of the aggregate disposable earnings of any

person for any workweek which is subject to garnishment or income

assignment for the support of a minor child shall not exceed:

Oklahoma Statutes - Title 12. Civil Procedure Page 236

1. Fifty percent (50%) of such person's disposable earnings for

that week, if such person is supporting his spouse or a dependent

child other than the child with respect to whose support such order

is used; and

2. Sixty percent (60%) of such person's disposable earnings for

that week if such person is not supporting a spouse or dependent

child.

The fifty percent (50%) specified in paragraph 1 of this subsection

shall be deemed to be fifty-five percent (55%) and the sixty percent

(60%) specified in paragraph 2 of this subsection shall be deemed to

be sixty-five percent (65%), if and to the extent that such earnings

are subject to garnishment or income assignment to enforce a support

order with respect to a period which is prior to the twelve-week

period which ends with the beginning of such workweek.

C. When responding to a notice of income assignment pursuant to

Section 1171.3 of this title and a National Medical Support Notice

issued pursuant to Section 118.1 of Title 43 and Section 6058A of

Title 36 of the Oklahoma Statutes, the payor shall allocate

available income in the following priority:

1. Current child and spousal support;

2. Health insurance premiums;

3. Arrearages; and

4. Other child support obligations.

If after payment of current child and spousal support there is

insufficient income to pay the premiums necessary to provide

dependent health insurance, the payor shall allocate the remaining

withholding to arrearages and then to other child support

obligations. An obligor may voluntarily elect to have the payor

withhold amounts in excess of the limits in subsection B of this

section to pay the obligor’s portion of the health insurance premium

for a dependent child.
Okla. Stat. tit. 12, § 12-158.1 — OK Code / Title 12 / Section 12-158.1
Private process servers - Licensing - Qualifications -
Status: in_force

Fees - Hearing - Notice - Protests - Proof of service - Revocation

of license - List of licensees - Statewide registry.

A. Service and return of process of court documents may be by

an authorized licensed private process server. The presiding judge

of the judicial administrative district in which the county is

located, or an associate district judge or district judge of the

county as may be designated by the presiding judge, shall be

authorized to issue a license to make service of process of court

documents to persons deemed qualified to do so.

B. Any person who is:

1. Eighteen (18) years of age or older;

2. Of good moral character;

3. Found ethically and mentally fit;

4. A resident of the State of Oklahoma for a period of not less

than six (6) months; and

5. A resident of the county or judicial administrative district

in which the application is submitted for a period of not less than

thirty (30) days,

may obtain a license by filing an application with the court clerk

on a verified form to be prescribed by the Administrative Office of

the Courts. The form shall require the applicant to identify

whether the applicant has had a process server license issued by the

State of Oklahoma, any other state, or any county in Oklahoma at any

time prior to the current application.

Any person who has been convicted of a violent crime, as defined

in Section 571 of Title 57 of the Oklahoma Statutes, or a crime that

requires the person to register pursuant to the Sex Offenders

Oklahoma Statutes - Title 12. Civil Procedure Page 67

Registration Act in this state or another state shall be prohibited

from applying for or obtaining a license to serve process in this

state. If a person is currently licensed to serve process in this

state and the person has a previous felony conviction for a crime

enumerated in Section 571 of Title 57 of the Oklahoma Statutes or a

crime that requires the person to register pursuant to the Sex

Offenders Registration Act, the person shall be prohibited from

applying for renewal of the license as provided for in subsection C

of this section.

C. The applicant filing for a license to serve process anywhere

in this state shall pay a license fee of One Hundred Fifty Dollars

($150.00), and the regular docketing, posting, mailing, and filing

fees prescribed by law. The license shall contain the full legal

name, address, county in which the license was issued, a brief

description of the licensee and a recent photograph of the licensee.

The license shall state that the licensee is an officer of the court

only for the purpose of service of process. The authority of the

licensee shall be statewide. The license shall be carried by the

licensee while on duty as a private process server. At the end of

one (1) calendar year from the date of issuance of the initial

license, the license shall be renewed for a period of three (3)

years. The license shall be renewed each succeeding three (3)

years. A fee of Fifteen Dollars ($15.00) per renewal shall be

charged for each statewide license renewal. A license issued

pursuant to this subsection entitles the holder of the license to

serve process in any county in this state.

All fees collected pursuant to this section shall be deposited

in the court fund.

D. Upon the filing of an application for a license, the court

clerk shall give thirty (30) days of notice of hearing by causing

the notice to be continually posted for thirty (30) days on the

website of the county, or be posted in the courthouse. The

applicant shall cause notice of the hearing to be made no less than

twenty (20) days prior to the hearing one time by publication in a

legal newspaper of the county, as defined in Section 106 of Title 25

of the Oklahoma Statutes, in which the application is filed. The

applicant shall be responsible for payment of the publication fee,

and shall file in the case the proof of publication affidavit fromOklahoma Statutes - Title 12. Civil Procedure Page 3nt shall cause notice of the hearing to be made no less than

twenty (20) days prior to the hearing one time by publication in a

legal newspaper of the county, as defined in Section 106 of Title 25

of the Oklahoma Statutes, in which the application is filed. The

applicant shall be responsible for payment of the publication fee,

and shall file in the case the proof of publication affidavit from

the newspaper prior to the hearing. The court clerk shall deliver

by electronic means or deliver a copy of the notice at least twenty

(20) days prior to the hearing to the district attorney, the sheriff

in the county in which the application was filed, the Oklahoma State

Bureau of Investigation and the Administrative Office of the Courts.

The notice shall contain the name of the applicant and the time and

place the presiding judge, the associate district judge, or district

judge designated by the presiding judge, will act upon the

application.

Oklahoma Statutes - Title 12. Civil Procedure Page 68

E. If, at the time of consideration of the application or

renewal, there are no protests and the applicant appears qualified,

the application for the license shall be granted by the presiding

judge or such associate district judge or district judge as is

designated by the presiding judge and, upon executing bond running

to the State of Oklahoma in the amount of Five Thousand Dollars

($5,000.00) for faithful performance of his or her duties and filing

the bond with the court clerk, the applicant shall be authorized and

licensed to serve court documents in any county in this state. If,

at the time of consideration of the application for the license, the

presiding judge, associate district judge or district judge as is

designated by the presiding judge determines that the applicant does

not meet all of the qualifications necessary for a license, the

applicant shall be prohibited from reapplying for a license to serve

process for a period of not less than one (1) year from the date of

denial.

F. If any citizen of this state files a written protest setting

forth objections to the licensing of the applicant, the district

court clerk shall so advise the presiding judge or such associate

district judge or district judge as is designated by the presiding

judge, who shall set a later date for hearing of application and

protest. The hearing shall be held within sixty (60) days and after

notice to all persons known to be interested.

G. Proof of service of process shall be shown by affidavit as

provided for by subsection G of Section 2004 of this title.

H. The district attorney of the county wherein a license

authorized under this act has been issued or the Attorney General

may file a petition in the district court to revoke the license

issued to any licensee, as authorized pursuant to the provisions of

this section, alleging the violation by the licensee of any of the

provisions of the law. After at least thirty (30) days of notice by

certified mail to the licensee, the chief or presiding judge,

sitting without jury, shall hear the petition and enter an order

thereon. If the license is revoked, the licensee shall not be

permitted to reapply for a license for a period of five (5) years

from the date of revocation. Notwithstanding any other provision of

this section, any licensee whose license has been revoked one time

shall pay the sum of One Thousand Dollars ($1,000.00) as a renewal

fee. If a second revocation occurs, the chief or presiding judge

shall not allow an applicant to renew the license.

I. Any person who knowingly and willfully serves process in

Oklahoma without a process server license issued by the State of

Oklahoma or who holds himself or herself out to be a process server

licensed by the State of Oklahoma when the person is not licensed as

such shall, upon conviction, be guilty of a misdemeanor. The

provisions of this subsection shall not apply to a process server

Oklahoma Statutes - Title 12. Civil Procedure Page 69

licensed in another state who is serving court documents issued by a

court in another state to a person in Oklahoma.

J. The court clerk shall make available at all times in the

office of the court clerk the list of licensed private process

servers. Any person in need of the services of a process server may

designate one from the names on the list, before presenting summons

to the court clerk for issuance, without necessity for individual

judicial appointment.

K. No later than January 1, 2013, the Administrative Office of

the Courts shall establish and maintain a statewide registry which

shall contain a list of licensed private process servers. The

Administrative Office of the Courts shall promulgate rules for the

creation and maintenance of the statewide registry. Rules for the

statewide registry for private process servers must have approval of

the Supreme Court.
Okla. Stat. tit. 12, § 12-2608 — OK Code / Title 12 / Section 12-2608
Evidence of character and conduct of witness
Status: in_force

A. The credibility of a witness may be attacked or supported by

evidence in the form of opinion or reputation, subject to these

limitations:

1. The evidence may refer only to character for truthfulness or

untruthfulness; and

2. Evidence of truthful character is admissible only after the

character of the witness for truthfulness has been attacked.

B. Specific instances of the conduct of a witness, for the

purpose of attacking or supporting the witness’s credibility, other

than conviction of crime as provided in Section 2609 of this title,

may not be proved by extrinsic evidence. They may, however, in the

discretion of the court, if probative of truthfulness or

untruthfulness, be inquired into on cross-examination of the witness

if they:

1. Concern the witness’s character for truthfulness or

untruthfulness;

2. Concern the character for truthfulness or untruthfulness of

another witness as to which character the witness being cross-

examined has testified.

C. The giving of testimony, whether by an accused or by any

other witness, does not operate as a waiver of the accused’s or the

witness’s privilege against self-incrimination when examined with

respect to matters which relate only to credibility.
Okla. Stat. tit. 12, § 12-193 — OK Code / Title 12 / Section 12-193
Required information for civil action to collect medical
Status: in_force

debt.

A. For purposes of this section, “hospital price transparency

laws” means:

1. Section 2718(e) of the Public Health Service Act, 42 U.S.C.,

Section 300gg-18, as amended, and rules adopted by the United States

Department of Health and Human Services implementing Section

2718(e); and

2. The Transparency in Health Care Prices Act, Section 1-725.1

et seq. of Title 63 of the Oklahoma Statutes.

B. A creditor or debt collector or collection agency operating

on behalf of a creditor that files a civil action for recovery of a

medical debt shall attach to the petition or applicable form:

Oklahoma Statutes - Title 12. Civil Procedure Page 75

1. A copy of redacted itemization of the charges that are the

basis for the medical debt; and

2. Proof of compliance with hospital price transparency laws.

C. Prior to entry of a default judgment against a consumer in a

civil action on a medical debt, in addition to compliance with the

applicable rules of the district court for entry of a default

judgment, the plaintiff shall file with the court evidence that

establishes the amount and nature of the medical debt and includes:

1. The original account number at charge-off;

2. The original creditor at charge-off;

3. The amount due at charge-off or, if the balance has not been

charged off, an itemization of the amount claimed to be owed

including the principal, interest, fees, and other charges or

reductions from payment made or other credits;

4. An itemization of post charge-off additions, if any;

5. The date of the last payment, if applicable, or the date of

the last transaction; and

6. Proof of compliance with hospital price transparency laws.
Okla. Stat. tit. 12, § 12-942 — OK Code / Title 12 / Section 12-942
Costs which judges are required to award
Status: in_force

A judge of any court of this state may award the following as

costs:

1. Any fees assessed by the court clerk or the clerk of the

appellate court;

2. Reasonable expenses for the giving of notice, including

expenses for service of summons and other judicial process and

expenses for publication;

3. Statutory witness fees and reasonable expenses for service

of subpoenas;

4. Costs of copying papers necessarily used at trial, limited

to the amount authorized by law. If no amount is specified, costs

of copying papers shall be limited to ten cents ($0.10) per page;

5. Transcripts of the trial or another proceeding that the

court determines are necessary to resolve the case;

6. Reasonable expenses for taking and transcribing deposition

testimony, for furnishing copies to the witness and opposing

counsel, and for recording deposition testimony on videotape, but

not to exceed One Hundred Dollars ($100.00) per two-hour videotape,

unless the court determines that a particular deposition was neither

reasonable nor necessary; and

7. Any other expenses authorized by law to be collected as

costs.
Okla. Stat. tit. 12A, § 12A-7-106 — OK Code / Title 12A / Section 12A-7-106
Control of electronic document of title
Status: in_force

Control of Electronic Document of Title.

(a) A person has control of an electronic document of title if

a system employed for evidencing the transfer of interests in the

electronic document reliably establishes that person as the person

to which the electronic document was issued or transferred.

(b) A system satisfies subsection (a) of this section, and a

person has control of an electronic document of title, if the

document is created, stored, and transferred in a manner that:

(1) a single authoritative copy of the document exists which

is unique, identifiable, and, except as otherwise provided in

paragraphs (4), (5), and (6) of this subsection, unalterable;

(2) the authoritative copy identifies the person asserting

control as:

(A) the person to which the document was issued; or

(B) if the authoritative copy indicates that the document

has been transferred, the person to which the document

was most recently transferred;

(3) the authoritative copy is communicated to and maintained by

the person asserting control or its designated custodian;

(4) copies or amendments that add or change an identified

transferee of the authoritative copy can be made only with the

consent of the person asserting control;

(5) each copy of the authoritative copy and any copy of a copy

is readily identifiable as a copy that is not the authoritative

copy; and

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 399

(6) any amendment of the authoritative copy is readily

identifiable as authorized or unauthorized.

(c) A system satisfies subsection (a) of this section, and a

person has control of an electronic document of title, if an

authoritative electronic copy of the document, a record attached to

or logically associated with the electronic copy, or a system in

which the electronic copy is recorded:

(1) enables the person readily to identify each electronic copy

as either an authoritative copy or a nonauthoritative copy;

(2) enables the person readily to identify itself in any way,

including by name, identifying number, cryptographic key, office, or

account number, as the person to which each authoritative electronic

copy was issued or transferred; and

(3) gives the person exclusive power, subject to subsection (d)

of this section, to:

(A) prevent others from adding or changing the person to

which each authoritative electronic copy has been

issued or transferred; and

(B) transfer control of each authoritative electronic

copy.

(d) Subject to subsection (e) of this section, a power is

exclusive under subparagraphs (A) and (B) of paragraph (3) of

subsection (c) of this section even if:

(1) the authoritative electronic copy, a record attached to or

logically associated with the authoritative electronic copy, or a

system in which the authoritative electronic copy is recorded limits

the use of the document of title or has a protocol that is

programmed to cause a change, including a transfer or loss of

control; or

(2) the power is shared with another person.

(e) A power of a person is not shared with another person under

paragraph (2) of subsection (d) of this section and the person's

power is not exclusive if:

(1) the person can exercise the power only if the power also is

exercised by the other person; and

(2) the other person:

(A) can exercise the power without exercise of the power

by the person; or

(B) is the transferor to the person of an interest in the

document of title.

(f) If a person has the powers specified in subparagraphs (A)

and (B) of paragraph (3) of subsection (c) of this section, the

powers are presumed to be exclusive.

(g) A person has control of an electronic document of title if

another person, other than the transferor to the person of an

interest in the document:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 400

(1) has control of the document and acknowledges that it has

control on behalf of the person; or

(2) obtains control of the document after having acknowledged

that it will obtain control of the document on behalf of the person.

(h) A person that has control under this section is not

required to acknowledge that it has control on behalf of another

person.

(i) If a person acknowledges that it has or will obtain control

on behalf of another person, unless the person otherwise agrees or

law other than this article or Article 9 of this title otherwise

provides, the person does not owe any duty to the other person and

is not required to confirm the acknowledgment to any other person.
Okla. Stat. tit. 12, § 12-831 — OK Code / Title 12 / Section 12-831
Joint debtors or sureties may have contribution or
Status: in_force

repayment.

When property, liable to an execution against several persons,

is sold thereon, and more than a due proportion of the judgment is

laid upon the property of one of them, or one of them pays, without

a sale, more than his proportion, he may regardless of the nature of

the demand upon which the judgment was rendered, compel contribution

from the others; and when a judgment is against several, and is upon

an obligation of one of them, as security for another, and the

surety pays the amount, or any part thereof, either by sale of his

property or before sale, he may compel repayment from the principal;

in such case, the person so paying or contributing, is entitled to

the benefit of the judgment, to enforce contribution or repayment,

if within ten (10) days after his payment he file with the clerk of

court where the judgment was rendered, notice of his payment and

claim to contribution or repayment. Upon a filing of such notice,

the clerk shall make an entry thereof in the margin of the docket.

R.L. 1910, § 5188.
Okla. Stat. tit. 12A, § 12A-8-401 — OK Code / Title 12A / Section 12A-8-401
Duty of Issuer to Register Transfer
Status: in_force

Duty of Issuer to Register Transfer.

(a) If a certificated security in registered form is presented

to an issuer with a request to register transfer or an instruction

is presented to an issuer with a request to register transfer of an

uncertificated security, the issuer shall register the transfer as

requested if:

(1) under the terms of the security the person seeking

registration of transfer is eligible to have the

security registered in its name;

(2) the indorsement or instruction is made by the

appropriate person or by an agent who has actual

authority to act on behalf of the appropriate person;

(3) reasonable assurance is given that the indorsement or

instruction is genuine and authorized;

(4) any applicable law relating to the collection of taxes

has been complied with;

(5) the transfer does not violate any restriction on

transfer imposed by the issuer in accordance with

Section 8-204 of this title;

(6) a demand that the issuer not register transfer has not

become effective under Section 8-403 of this title, or

the issuer has complied with subsection (b) of Section

8-403 of this title but no legal process or indemnity

bond is obtained as provided in subsection (d) of

Section 8-403 of this title; and

(7) the transfer is in fact rightful or is to a protected

purchaser.

(b) If an issuer is under a duty to register a transfer of a

security, the issuer is liable to a person presenting a certificated

security or an instruction for registration or to the person's

principal for loss resulting from unreasonable delay in registration

or failure or refusal to register the transfer.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 445
Okla. Stat. tit. 12, § 12-733 — OK Code / Title 12 / Section 12-733
Property subject to levy
Status: in_force

Lands, tenements, goods and chattels, not exempt by law shall be

subject to the payment of debts, and shall be liable to be taken on

execution and sold, as hereinafter provided.

R.L. 1910, § 5151.
Okla. Stat. tit. 12A, § 12A-4A-108 — OK Code / Title 12A / Section 12A-4A-108
Relationship to Electronic Fund Transfer Act
Status: in_force

RELATIONSHIP TO ELECTRONIC FUND TRANSFER ACT

(a) Except as provided in subsection (b) of this section, this

Article does not apply to a funds transfer any part of which is

governed by the Electronic Fund Transfer Act of 1978 (Title XX,

Public Law 95-630, 92 Stat. 3728, 15 U.S.C. Section 1693 et seq.) as

amended from time to time.

(b) This Article applies to a funds transfer that is a

remittance transfer as defined in the Electronic Fund Transfer Act

of 1978 (15 U.S.C. Section 1693o-1) as amended from time to time,

unless the remittance transfer is an electronic fund transfer as

defined in the Electronic Fund Transfer Act of 1978 (15 U.S.C.

Section 1693a) as amended from time to time.

(c) In a funds transfer to which this Article applies, in the

event of an inconsistency between an applicable provision of this

Article and an applicable provision of the Electronic Fund Transfer

Act of 1978, the provision of the Electronic Fund Transfer Act of

1978 governs to the extent of the inconsistency.
Okla. Stat. tit. 12, § 12-1571.1 — OK Code / Title 12 / Section 12-1571.1
Damage, concealment or removal of property subject to
Status: in_force

order of delivery - Penalty.

Any person who willfully and knowingly damages property in which

there exists a valid right to issuance of an order of delivery, or

on which such order has been sought under the provisions of this

act, or who conceals it, with the intent to interfere with

enforcement of the order, or who removes it from the jurisdiction of

the court in which the action is pending with the intention of

defeating enforcement of an order of delivery, or who willfully

refuses to disclose its location to an officer charged with

executing an order for its delivery, or, if such property is in his

possession, willfully interferes with the officer charged with

executing such writ, shall be guilty of a misdemeanor, and if

convicted shall be subject to a fine of not more than One Thousand

Dollars ($1,000.00) and imprisonment for a term of not more than six

(6) months, or both; and, in addition to such criminal penalties,

shall be liable to the plaintiff for double the amount of damage

done to the property together with a reasonable attorney's fee to be

fixed by the court, which damages and fee shall be deemed based on

tortious conduct and enforceable accordingly.
Okla. Stat. tit. 12, § 12-1654 — OK Code / Title 12 / Section 12-1654
Effect of determination - Review
Status: in_force

Any determination of rights, status, or other legal relations

shall have the force and effect of a final judgment, and it shall be

reviewable in the same manner as other judgments.
Okla. Stat. tit. 12, § 12-132 — OK Code / Title 12 / Section 12-132
Realty located in two or more counties - Specific
Status: in_force

performance.

If real property, the subject of an action, be an entire tract,

and situated in two or more counties, or if it consists of separate

tracts, situated in two or more counties, the action may be brought

in any county in which any tract, or part thereof, is situated,

Oklahoma Statutes - Title 12. Civil Procedure Page 61

unless it be an action to recover possession thereof, and if the

property be an entire tract situated in two or more counties, an

action to recover possession thereof may be brought in either of

such counties; but if it consists of separate tracts, in different

counties, the possession of such tracts must be recovered by

separate actions brought in the counties where such tracts are

situated. An action to compel the specific performance of a

contract to sell real estate may be brought in the county where the

land lies or where the defendants, or any of them reside or may be

summoned.

R.L. 1910, § 4672.
Okla. Stat. tit. 12A, § 12A-4A-207 — OK Code / Title 12A / Section 12A-4A-207
Misdescription of beneficiary
Status: in_force

MISDESCRIPTION OF BENEFICIARY

(a) Subject to subsection (b) of this section, if, in a payment

order received by the beneficiary's bank, the name, bank account

number, or other identification of the beneficiary refers to a

nonexistent or unidentifiable person or account, no person has

rights as a beneficiary of the order and acceptance of the order

cannot occur.

(b) If a payment order received by the beneficiary's bank

identifies the beneficiary both by name and by an identifying or

bank account number and the name and number identify different

persons, the following rules apply:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 362

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

section, if the beneficiary's bank does not know that the name and

number refer to different persons, it may rely on the number as the

proper identification of the beneficiary of the order. The

beneficiary's bank need not determine whether the name and number

refer to the same person.

(2) If the beneficiary's bank pays the person identified by

name or knows that the name and number identify different persons,

no person has rights as beneficiary except the person paid by the

beneficiary's bank if that person was entitled to receive payment

from the originator of the funds transfer. If no person has rights

as beneficiary, acceptance of the order cannot occur.

(c) If (i) a payment order described in subsection (b) of this

section is accepted, (ii) the originator's payment order described

the beneficiary inconsistently by name and number, and (iii) the

beneficiary's bank pays the person identified by number as permitted

by paragraph (1) of subsection (b) of this section, the following

rules apply:

(1) If the originator is a bank, the originator is obliged to

pay its order.

(2) If the originator is not a bank and proves that the person

identified by number was not entitled to receive payment from the

originator, the originator is not obliged to pay its order unless

the originator's bank proves that the originator, before acceptance

of the originator's order, had notice that payment of a payment

order issued by the originator might be made by the beneficiary's

bank on the basis of an identifying or bank account number even if

it identifies a person different from the named beneficiary. Proof

of notice may be made by any admissible evidence. The originator's

bank satisfies the burden of proof if it proves that the originator,

before the payment order was accepted, signed a record stating the

information to which the notice relates.

(d) In a case governed by paragraph (1) of subsection (b) of

this section, if the beneficiary's bank rightfully pays the person

identified by number and that person was not entitled to receive

payment from the originator, the amount paid may be recovered from

that person to the extent allowed by the law governing mistake and

restitution as follows:

(1) If the originator is obliged to pay its payment order as

stated in subsection (c) of this section, the originator has the

right to recover.

(2) If the originator is not a bank and is not obliged to pay

its payment order, the originator's bank has the right to recover.
Okla. Stat. tit. 12, § 12-696.3 — OK Code / Title 12 / Section 12-696.3
Contents of filed judgments - Decrees and appealable
Status: in_force

orders - Clerk's endorsement - Service.

A. Judgments, decrees and appealable orders that are filed with

the clerk of the court shall contain:

1. A caption setting forth the name of the court, the names and

designation of the parties, the file number of the case and the

title of the instrument;

2. A statement of the disposition of the action, proceeding or

motion, including a statement of the relief awarded to a party or

parties and the liabilities and obligations imposed on the other

party or parties, including the amount of any prejudgment interest;

3. The signature and title of the court; and

4. Any other matter approved by the court.

B. Judgments, decrees and appealable orders that are filed with

the clerk of the court may contain a statement of costs, attorney

Oklahoma Statutes - Title 12. Civil Procedure Page 115

fees and interest other than prejudgment interest, or any of them,

if they have been determined prior to the time the judgment, decree

or appealable order is signed by the court in accordance with this

section.

C. The clerk shall endorse on the judgment, decree or

appealable order the date it was filed and the name and title of the

clerk.

D. A file-stamped copy of the judgment, decree, or appealable

order shall be served upon all parties, including those parties who

are in default for failure to appear in the action, as provided in

Section 696.2 of this title.
Okla. Stat. tit. 12, § 12-856 — OK Code / Title 12 / Section 12-856
Receiver entitled to possession of property
Status: in_force

The court or judge may order the delivery, to the receiver, by

the judgment debtor, or any other person in whose possession the

same may be, of any notes, bills, accounts, contracts, books or

other evidence of indebtedness or right in action, of the judgment

debtor, and may enforce such order by attachment, as for a contempt.

R.L. 1910, § 5204.
Okla. Stat. tit. 12A, § 12A-4A-107 — OK Code / Title 12A / Section 12A-4A-107
Federal reserve regulations and operating circulars
Status: in_force

FEDERAL RESERVE REGULATIONS AND OPERATING CIRCULARS

Regulations of the board of governors of the Federal Reserve

System and operating circulars of the Federal Reserve Banks

supersede any inconsistent provision of this Article to the extent

of the inconsistency.
Okla. Stat. tit. 12, § 12-1600.11 — OK Code / Title 12 / Section 12-1600.11
Renumbered as § 311 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.

Oklahoma Statutes - Title 12. Civil Procedure Page 320
Okla. Stat. tit. 12, § 12-35 — OK Code / Title 12 / Section 12-35
Powers and duties of clerks - Statistical and other
Status: in_force

information for Supreme Court, President Pro Tempore of Senate and

Speaker of House.

The clerks of each of the courts shall exercise the powers and

perform the duties imposed upon them by the statutes of this state

and by the common law. The clerks of each of the courts of record

shall furnish without cost to the Supreme Court of Oklahoma and to

the President Pro Tempore of the Senate and the Speaker of the House

of Representatives such statistical and other information as the

court or Legislature may require, including, but without being

limited to, the number and classification of cases:

1. Filed with the court;

2. Disposed of by the court, and the manner of such

disposition; and

3. The number of cases pending before the court, at each term

of the court.

R.L. 1910, § 5335. Amended by Laws 1951, p. 23, § 2; Laws 1981, c.

272, § 3, eff. July 1, 1981.
Okla. Stat. tit. 12A, § 12A-2-702 — OK Code / Title 12A / Section 12A-2-702
Seller's Remedies on Discovery of Buyer's Insolvency
Status: in_force

(1) Where the seller discovers the buyer to be insolvent he may

refuse delivery except for cash including payment for all goods

theretofore delivered under the contract, and stop delivery under

this article (Section 2-705).

(2) Where the seller discovers that the buyer has received goods

on credit while insolvent he may reclaim the goods upon demand made

within ten (10) days after the receipt, but if misrepresentation of

solvency has been made to the particular seller in writing within

three (3) months before delivery the ten-day limitation does not

apply. Except as provided in this subsection the seller may not

base a right to reclaim goods on the buyer's fraudulent or innocent

misrepresentation of solvency or of intent to pay.

(3) The seller's right to reclaim under subsection (2) is

subject to the rights of a buyer in ordinary course or other good

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 222

faith purchaser under this article (Section 2-403). Successful

reclamation of goods excludes all other remedies with respect to

them.
Okla. Stat. tit. 12, § 12-2611.11 — OK Code / Title 12 / Section 12-2611.11
Construction and application of act
Status: in_force

In applying and construing the Uniform Child Witness Testimony

by Alternative Methods Act, consideration shall be given to the need

to promote uniformity of the law with respect to its subject matter

among states that enact it.
Okla. Stat. tit. 12A, § 12A-1-306 — OK Code / Title 12A / Section 12A-1-306
Waiver or renunciation of claim or right after breach
Status: in_force

Waiver or Renunciation of Claim or Right after Breach.

A claim or right arising out of an alleged breach may be

discharged in whole or in part without consideration by agreement of

the aggrieved party in a signed record.
Okla. Stat. tit. 12, § 12-3226 — OK Code / Title 12 / Section 12-3226
General provisions governing discovery
Status: in_force

A. DISCOVERY METHODS; INITIAL DISCLOSURES.

1. DISCOVERY METHODS. Parties may obtain discovery regarding

any matter that is relevant to any party's claim or defense by one

or more of the following methods: Depositions upon oral examination

or written questions; written interrogatories; production of

documents or things or permission to enter upon land or other

property, for inspection and other purposes; physical and mental

examinations; requests for admission; authorizations for release of

records; and otherwise by court order upon showing of good cause.

Except as provided in this section or unless the court orders

otherwise under this section, the frequency of use of these methods

is not limited.

2. INITIAL DISCLOSURES.

a. Except in categories of proceedings specified in

subparagraph b of this paragraph, or to the extent

otherwise stipulated or directed by order, a party,

without awaiting a discovery request, shall provide to

other parties a computation of any category of damages

claimed by the disclosing party, making available for

inspection and copying the documents or other

evidentiary material, not privileged or protected from

disclosure, on which such computation is based,

including materials bearing on the nature and extent

of injuries suffered. Subject to subsection B of this

section, in any action in which physical or mental

injury is claimed, the party making the claim shall

provide to the other parties a release or

authorization allowing the parties to obtain relevant

medical records and bills, and, when relevant, a

release or authorization for employment and scholastic

records.

b. The following categories of proceedings are exempt

from initial disclosure under subparagraph a of this

paragraph:

(1) an action for review of an administrative record,

(2) a petition for habeas corpus or other proceeding

to challenge a criminal conviction or sentence,

(3) an action brought without counsel by a person in

custody of the United States, a state, or a state

subdivision,

(4) an action to enforce or quash an administrative

summons or subpoena,

(5) an action by the United States to recover benefit

payments,

Oklahoma Statutes - Title 12. Civil Procedure Page 501

(6) an action by the United States to collect on a

student loan guaranteed by the United States,

(7) a proceeding ancillary to proceedings in other

courts, and

(8) an action to enforce an arbitration award.

c. Disclosures required under this paragraph shall be

made at or within sixty (60) days after service unless

a different time is set by stipulation or court order,

or unless a party objects that initial disclosures are

not appropriate in the circumstances of the action and

states the objection in a motion filed with the court.

In ruling on the objection, the court shall determine

what disclosures, if any, are to be made and set the

time for disclosure. A party shall make its initial

disclosures based on the information then readily

available to it and is not excused from making its

disclosures because it has not fully completed its

investigation of the case or because it challenges the

sufficiency of another party's disclosures or because

another party has not made its disclosures.

B. DISCOVERY SCOPE AND LIMITS. Unless otherwise limited by

order of the court in accordance with the Oklahoma Discovery Code,

the scope of discovery is as follows:

1. IN GENERAL.

a. Parties may obtain discovery regarding any matter, not

privileged, which is relevant to any party's claim or

defense, reasonably calculated to lead to the

discovery of admissible evidence and proportional to

the needs of the case, considering the importance of

the issues at stake in the action, the amount in

controversy, the parties' relative access to relevant

information, the parties' resources, the importance of

the discovery in resolving the issues, and whether the

burden or expense of the proposed discovery outweighs

its likely benefit. Information within this scope of

discovery need not be admissible in evidence to be

discoverable.

b. A party shall produce upon request pursuant to Section

3234 of this title, any insurance agreement under

which any person carrying on an insurance business may

be liable to satisfy part or all of a judgment which

may be entered in the action or to indemnify or

reimburse for payments made to satisfy the judgment.

Information concerning the insurance agreement is not

by reason of disclosure admissible in evidence at

trial. For purposes of this section, an application

Oklahoma Statutes - Title 12. Civil Procedure Page 502

for insurance shall not be treated as a part of an

insurance agreement.

c. A party shall produce upon request, pursuant to

Section 3234 of this title, any commercial litigation

funding agreement as defined in Section 3 of this act.

Information related to the commercial litigation

funding agreement is not, by reason of disclosure,

admissible as evidence at trial. Production of a

commercial litigation funding agreement shall include

a certification, by sworn affidavit, by the producing

party as to whether any funds encumbered by the terms

of the agreement have been or will be sourced from a

foreign state or agency or instrumentality of a

foreign state as defined in 28 U.S.C., Section 1603 or

22 U.S.C., Section 611, as amended. Certification

that discloses that a foreign state or agency or

instrumentality of a foreign state is such a source

shall include the identity of the foreign state,

agency, or instrumentality that is the source of the

funds. Such certification shall be supplemented or

corrected by the producing party within thirty (30)

days in the event the certification becomes incomplete

or inaccurate in a material aspect. A consumer

litigation funding agreement as defined in Section 3-

801 of Title 14A of the Oklahoma Statutes shall be

exempt from the provisions of this subparagraph.

2. LIMITATIONS ON FREQUENCY AND EXTENT.

a. By order, the court may alter the limits on the length

of depositions under Section 3230 of this title, on

the number of interrogatories under Section 3233 of

this title, on the number of requests to produce under

Section 3234 of this title, or on the number of

requests for admission under Section 3236 of this

title.

b. A party is not required to provide discovery of

electronically stored information from sources that

the party identifies as not reasonably accessible

because of undue burden or cost. On motion to compel

discovery or for a protective order, the party from

whom discovery is sought must show that the

information is not reasonably accessible because of

undue burden or cost. If that showing is made, the

court may order discovery from such sources if the

requesting party shows good cause, considering the

limitations of subparagraph c of this paragraph. The

court may specify conditions for the discovery.

Oklahoma Statutes - Title 12. Civil Procedure Page 503

c. On motion or on its own, the court shall limit the

frequency or extent of discovery otherwise allowed if

it determines that:

(1) the discovery sought is unreasonably cumulative

or duplicative, or can be obtained from some

other source that is more convenient, less

burdensome, or less expensive,

(2) the party seeking discovery has had ample

opportunity to obtain the information by

discovery in the action, or

(3) the proposed discovery is outside the scope

permitted by subparagraph a of paragraph 1 of

this subsection.

d. If an officer, director or managing agent of a

corporation or a government official is served with

notice of a deposition or subpoena regarding a matter

about which he or she has no knowledge, he or she may

submit at a reasonable time prior to the date of the

deposition an affidavit to the noticing party so

stating and identifying a person within the

corporation or government entity who has knowledge of

the subject matter involved in the pending action.

Notwithstanding such affidavit, the noticing party may

proceed with the deposition, subject to the noticed

witness's right to seek a protective order.

3. TRIAL PREPARATION: MATERIALS.

a. Unless as provided by paragraph 4 of this subsection,

a party may not discover documents and tangible things

that are prepared in anticipation of litigation or for

trial by or for another party or its representative,

including the other party's attorney, consultant,

surety, indemnitor, insurer or agent. Subject to

paragraph 4 of this subsection, such materials may be

discovered if:

(1) they are otherwise discoverable under paragraph 1

of this subsection, and

(2) the party shows that it has substantial need for

the materials to prepare its case and cannot,

without undue hardship, obtain their substantial

equivalent by other means.

b. If the court orders discovery of such materials, the

court shall protect against disclosure of the mental

impressions, conclusions, opinions or legal theories

of a party's attorney or other representative

concerning the litigation.

c. A party or other person may, upon request and without

the required showing, obtain the person's own previous

Oklahoma Statutes - Title 12. Civil Procedure Page 504

statement about the action or its subject matter. If

the request is refused, the person may move for a

court order, and the provisions of paragraph 4 of

subsection A of Section 3237 of this title apply to

the award of expenses. A previous statement is

either:

(1) a written statement that the person has signed or

otherwise adopted or approved, or

(2) a contemporaneous stenographic, mechanical,

electrical, or other recording, or a

transcription thereof, which recites

substantially verbatim the person's oral

statement.

4. TRIAL PREPARATION: EXPERTS.

a. Discovery of facts known and opinions held by experts,

otherwise discoverable under the provisions of

paragraph 1 of this subsection and acquired or

developed in anticipation of litigation or for trial,

may be obtained only as follows:

(1) a party may, through interrogatories, require any

other party to identify each person whom that

other party expects to call as an expert witness

at trial and give the address at which that

expert witness may be located,

(2) after disclosure of the names and addresses of

the expert witnesses, the other party expects to

call as witnesses, the party, who has requested

disclosure, may depose any such expert witnesses

subject to scope of this section. Prior to

taking the deposition the party must give notice

as required in subsections A and C of Section

3230 of this title, and

(3) in addition to taking the depositions of expert

witnesses the party may, through interrogatories,

require the party who expects to call the expert

witnesses to state the subject matter on which

each expert witness is expected to testify; the

substance of the facts and opinions to which the

expert is expected to testify and a summary of

the grounds for each opinion; the qualifications

of each expert witness, including a list of all

publications authored by the expert witness

within the preceding ten (10) years; the

compensation to be paid to the expert witness for

the testimony and preparation for the testimony;

and a listing of any other cases in which the

expert witness has testified as an expert at

Oklahoma Statutes - Title 12. Civil Procedure Page 505

trial or by deposition within the preceding four

(4) years. An interrogatory seeking the

information specified above shall be treated as a

single interrogatory for purposes of the

limitation on the number of interrogatories in

Section 3233 of this title.

b. The protection provided by paragraph 3 of this

subsection extends to communications between the

party's attorney and any expert witness retained or

specially employed to provide expert testimony in the

case or whose duties as the party's employee regularly

involve giving expert testimony, except to the extent

that the communications:

(1) relate to compensation for the expert's study or

testimony,

(2) identify facts or data that the party's attorney

provided and that the expert considered in

forming the opinions to be expressed, or

(3) identify assumptions that the party's attorney

provided and that the expert relied upon in

forming the opinions to be expressed.

c. A party may not, by interrogatories or deposition,

discover facts known or opinions held by an expert who

has been retained or specially employed by another

party in anticipation of litigation or to prepare for

trial and who is not expected to be called as a

witness at trial, except as provided in Section 3235

of this title or upon a showing of exceptional

circumstances under which it is impracticable for the

party to obtain facts or opinions on the same subject

by other means.

d. Unless manifest injustice would result:

(1) the court shall require that the party seeking

discovery pay the expert a reasonable fee for

time spent in responding to discovery under

division (2) of subparagraph a of this paragraph

and subparagraph c of this paragraph, and

(2) the court shall require that the party seeking

discovery with respect to discovery obtained

under subparagraph c of this paragraph, pay the

other party a fair portion of the fees and

expenses reasonably incurred by the latter party

in obtaining facts and opinions from the expert.

5. CLAIMS OF PRIVILEGE OR PROTECTION OF TRIAL PREPARATION

MATERIALS.

a. When a party withholds information otherwise

discoverable under the Oklahoma Discovery Code by

Oklahoma Statutes - Title 12. Civil Procedure Page 506

claiming that it is privileged or subject to

protection as trial preparation material, the party

shall make the claim expressly and shall describe the

nature of the documents, communications, or things not

produced or disclosed in a manner that, without

revealing information itself privileged or protected,

will enable other parties to assess the applicability

of the privilege or protection.

b. If information produced in discovery is subject to a

claim of privilege or of protection as trial

preparation material, the party making the claim may

notify any party that received the information of the

claim and the basis for it. After being notified, a

party shall promptly return, sequester, or destroy the

specified information and any copies the party has;

shall not use or disclose the information until the

claim is resolved; shall take reasonable steps to

retrieve the information if the party has disclosed it

before being notified; and may promptly present the

information to the court under seal for a

determination of the claim. The producing party shall

preserve the information until the claim is resolved.

This mechanism is procedural only and does not alter

the standards governing whether the information is

privileged or subject to protection as trial

preparation material or whether such privilege or

protection has been waived.

C. PROTECTIVE ORDERS.

1. Upon motion by a party or by the person from whom discovery

is sought, accompanied by a certification that the movant has in

good faith conferred or attempted to confer, either in person or by

telephone, with other affected parties in an effort to resolve the

dispute without court action, and for good cause shown, the court in

which the action is pending or on matters relating to a deposition,

the district court in the county where the deposition is to be taken

may enter any order which justice requires to protect a party or

person from annoyance, harassment, embarrassment, oppression or

undue delay, burden or expense, including one or more of the

following:

a. that the discovery not be had,

b. that the discovery may be had only on specified terms

and conditions, including a designation of the time,

place or the allocation of expenses,

c. that the discovery may be had only by a method of

discovery other than that selected by the party

seeking discovery,

Oklahoma Statutes - Title 12. Civil Procedure Page 507

d. that certain matters not be inquired into, or that the

scope of the disclosure or discovery be limited to

certain matters,

e. that discovery be conducted with no one present except

persons designated by the court,

f. that a deposition after being sealed be opened only by

order of the court,

g. that a trade secret or other confidential research,

development or commercial information not be disclosed

or be disclosed only in a designated way, and

h. that the parties simultaneously file specified

documents or information enclosed in sealed envelopes

to be opened as directed by the court.

2. If the motion for a protective order is denied in whole or

in part, the court may, on such terms and conditions as are just,

order that any party or person provide or permit discovery. The

provisions of paragraph 4 of subsection A of Section 3237 of this

title apply to the award of expenses incurred in relation to the

motion. Any protective order of the court which has the effect of

removing any material obtained by discovery from the public record

shall contain the following:

a. a statement that the court has determined it is

necessary in the interests of justice to remove the

material from the public record,

b. specific identification of the material which is to be

removed or withdrawn from the public record, or which

is to be filed but not placed in the public record,

and

c. a requirement that any party obtaining a protective

order place the protected material in a sealed manila

envelope clearly marked with the caption and case

number and is clearly marked with the word

"CONFIDENTIAL", and stating the date the order was

entered and the name of the judge entering the order.

This requirement may also be satisfied by requiring

the party to file the documents pursuant to the

procedure for electronically filing sealed or

confidential documents approved for electronic filing

in the courts of this state.

3. No protective order entered after the filing and

microfilming of documents of any kind shall be construed to require

the microfilm record of such filing to be amended in any fashion.

4. The party or counsel which has received the protective order

shall be responsible for promptly presenting the order to

appropriate court clerk personnel for appropriate action.

Oklahoma Statutes - Title 12. Civil Procedure Page 508

5. All documents produced or testimony given under a protective

order shall be retained in the office of counsel until required by

the court to be filed in the case.

6. Counsel for the respective parties shall be responsible for

informing witnesses, as necessary, of the contents of the protective

order.

7. When a case is filed in which a party intends to seek a

protective order removing material from the public record, the

plaintiff(s) and defendant(s) shall be initially designated on the

petition under pseudonym such as "John or Jane Doe", or "Roe", and

the petition shall clearly indicate that the party designations are

fictitious. The party seeking confidentiality or other order

removing the case, in whole or in part, from the public record,

shall immediately present application to the court, seeking

instructions for the conduct of the case, including confidentiality

of the records.

D. SEQUENCE AND TIMING OF DISCOVERY. Unless the parties

stipulate or the court orders otherwise for the convenience of

parties and witnesses and in the interests of justice, methods of

discovery may be used in any sequence. The fact that a party is

conducting discovery, whether by deposition or otherwise, shall not

operate to delay discovery by any other party.

E. SUPPLEMENTATION OF RESPONSES. A party who has responded to

a request for discovery with a response that was complete when it

was made is under no duty to supplement the response to include

information thereafter acquired, except as follows:

1. A party is under a duty seasonably to supplement the

response with respect to any question directly addressed to:

a. the identity and location of persons having knowledge

of discoverable matters, and

b. the identity of each person expected to be called as

an expert witness at trial, the subject matter on

which the person is expected to testify, and the

substance of the testimony of the person;

2. A party is under a duty seasonably to amend a prior response

to an interrogatory, request for production, or request for

admission if the party obtains information upon the basis of which:

a. (1) the party knows that the response was incorrect

in some material respect when made, or

(2) the party knows that the response, which was

correct when made, is no longer true in some

material respect, and

b. the additional or corrective information has not

otherwise been made known to the other parties during

the discovery process or in writing; and

Oklahoma Statutes - Title 12. Civil Procedure Page 509

3. A duty to supplement responses may be imposed by order of

the court, agreement of the parties, or at any time prior to trial

through new requests for supplementation of prior responses.

F. DISCOVERY CONFERENCE. At any time after commencement of an

action, the court may direct the attorneys for the parties to appear

for a conference on the subject of discovery. The court shall do so

upon motion by the attorney for any party if the motion includes:

1. A statement of the issues as they then appear;

2. A proposed plan and schedule of discovery;

3. Any limitations proposed to be placed on discovery;

4. Any other proposed orders with respect to discovery; and

5. A statement showing that the attorney making the motion has

made a reasonable effort to reach agreement with opposing attorneys

on the matters set forth in the motion.

Each party and his attorney are under a duty to participate in

good faith in the framing of a discovery plan if a plan is proposed

by the attorney for any party. Notice of the motion shall be served

on all parties. Objections or additions to matters set forth in the

motion shall be served not later than ten (10) days after service of

the motion.

Following the discovery conference, the court shall enter an

order tentatively identifying the issues for discovery purposes,

establishing a plan and schedule for discovery, setting limitations

on discovery, if any; and determining such other matters, including

the allocation of expenses, as are necessary for the proper

management of discovery in the action. In preparing the plan for

discovery the court shall protect the parties from excessive or

abusive use of discovery. An order shall be altered or amended

whenever justice so requires.

Subject to the right of a party who properly moves for a

discovery conference to prompt convening of the conference, the

court may combine the discovery conference with a pretrial

conference.

G. SIGNING OF DISCOVERY REQUESTS, RESPONSES AND OBJECTIONS.

Every request for discovery, response or objection thereto made by a

party represented by an attorney shall be signed by at least one of

the party's attorneys of record in the party's individual name whose

address shall be stated. A party who is not represented by an

attorney shall sign the request, response or objection and state the

party's address. The signature of the attorney or party constitutes

a certification that the party has read the request, response or

objection, and that it is:

1. To the best of the party's knowledge, information and belief

formed after a reasonable inquiry consistent with the Oklahoma

Discovery Code and warranted by existing law or a good-faith

argument for the extension, modification or reversal of existing

law;

Oklahoma Statutes - Title 12. Civil Procedure Page 510

2. Interposed in good faith and not primarily to cause delay or

for any other improper purpose; and

3. Not unreasonable or unduly burdensome or expensive, given

the nature and complexity of the case, the discovery already had in

the case, the amount in controversy, and other values at stake in

the litigation. If a request, response or objection is not signed,

it shall be deemed ineffective.

If a certification is made in violation of the provisions of

this subsection, the court, upon motion or upon its own initiative,

shall impose upon the person who made the certification, the party

on whose behalf the request, response or objection is made, or both,

an appropriate sanction, which may include an order to pay to the

amount of the reasonable expenses occasioned thereby, including a

reasonable attorney fee.
Okla. Stat. tit. 12A, § 12A-5-114 — OK Code / Title 12A / Section 12A-5-114
Assignment of Proceeds
Status: in_force

Assignment of Proceeds.

(a) In this section, "proceeds of a letter of credit" means the

cash, check, accepted draft, or other item of value paid or

delivered upon honor or giving of value by the issuer or any

nominated person under the letter of credit. The term does not

include a beneficiary's drawing rights or documents presented by the

beneficiary.

(b) A beneficiary may assign its right to part or all of the

proceeds of a letter of credit. The beneficiary may do so before

presentation as a present assignment of its right to receive

proceeds contingent upon its compliance with the terms and

conditions of the letter of credit.

(c) An issuer or nominated person need not recognize an

assignment of proceeds of a letter of credit until it consents to

the assignment.

(d) An issuer or nominated person has no obligation to give or

withhold its consent to an assignment of proceeds of a letter of

credit, but consent may not be unreasonably withheld if the assignee

possesses and exhibits the letter of credit and presentation of the

letter of credit is a condition to honor.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 391

(e) Rights of a transferee beneficiary or nominated person are

independent of the beneficiary's assignment of the proceeds of a

letter of credit and are superior to the assignee's right to the

proceeds.

(f) Neither the rights recognized by this section between an

assignee and an issuer, transferee beneficiary, or nominated person

nor the issuer's or nominated person's payment of proceeds to an

assignee or a third person affect the rights between the assignee

and any person other than the issuer, transferee beneficiary, or

nominated person. The mode of creating and perfecting a security

interest in or granting an assignment of a beneficiary's rights to

proceeds is governed by Article 9 of this title or other law.

Against persons other than the issuer, transferee beneficiary, or

nominated person, the rights and obligations arising upon the

creation of a security interest or other assignment of a

beneficiary's right to proceeds and its perfection are governed by

Article 9 of this title or other law.
Okla. Stat. tit. 12, § 12-415 — OK Code / Title 12 / Section 12-415
Disgrace as ground for refusal to testify
Status: in_force

No witness is privileged to refuse to testify to any fact, or

produce any paper, respecting which he shall be examined by either

house of the Legislature, or by any committee of either house, upon

the ground that his testimony to such fact or his production of such

paper may tend to disgrace or otherwise render him infamous.
Okla. Stat. tit. 12, § 12-1277 — OK Code / Title 12 / Section 12-1277
Renumbered as § 112 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12A, § 12A-1-9-602 — OK Code / Title 12A / Section 12A-1-9-602
Waiver and variance of rights and duties
Status: in_force

WAIVER AND VARIANCE OF RIGHTS AND DUTIES

Except as otherwise provided in Section 1-9-624 of this title,

to the extent that they give rights to a debtor or obligor and

impose duties on a secured party, the debtor or obligor may not

waive or vary the rules stated in the following listed sections:

(1) Subparagraph (C) of paragraph (4) of subsection (b) of

Section 1-9-207 of this title, which deals with use and operation of

the collateral by the secured party;

(2) Section 1-9-210 of this title, which deals with requests

for an accounting and requests concerning a list of collateral and

statement of account;

(3) Subsection (c) of Section 1-9-607 of this title, which

deals with collection and enforcement of collateral;

(4) Subsection (a) of Section 1-9-608 of this title and

subsection (c) of Section 1-9-615 of this title to the extent that

they deal with application or payment of noncash proceeds of

collection, enforcement, or disposition;

(5) Subsection (a) of Section 1-9-608 of this title and

subsection (d) of Section 1-9-615 of this title to the extent that

they require accounting for or payment of surplus proceeds of

collateral;

(6) Section 1-9-609 of this title to the extent that it imposes

upon a secured party that takes possession of collateral without

judicial process the duty to do so without breach of the peace;

(7) Subsection (b) of Section 1-9-610 of this title and

Sections 1-9-611, 1-9-613, and 1-9-614 of this title, which deal

with disposition of collateral;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 137

(8) Subsection (f) of Section 1-9-615 of this title, which

deals with calculation of a deficiency or surplus when a disposition

is made to the secured party, a person related to the secured party,

or a secondary obligor;

(9) Section 1-9-616 of this title, which deals with explanation

of the calculation of a surplus or deficiency;

(10) Sections 1-9-620, 1-9-621, and 1-9-622 of this title,

which deal with acceptance of collateral in satisfaction of

obligation;

(11) Section 1-9-623 of this title, which deals with redemption

of collateral;

(12) Section 1-9-624 of this title, which deals with

permissible waivers; and

(13) Sections 1-9-625 and 1-9-626 of this title, which deal

with the secured party’s liability for failure to comply with this

article.
Okla. Stat. tit. 12, § 12-1272.2 — OK Code / Title 12 / Section 12-1272.2
Renumbered as § 104 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-1101.1 — OK Code / Title 12 / Section 12-1101.1
Civil actions - Offers of judgment - Counteroffers -
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 16Recovery of costs and attorney fees.

A. Actions for personal injury, wrongful death, and certain

specified actions.

1. Subject to the provisions of paragraph 5 of this subsection,

after a civil action is brought for the recovery of money as the

result of a claim for personal injury, wrongful death, or pursuant

to Chapter 21 of Title 25 or Section 5 of Title 85 of the Oklahoma

Statutes, any defendant may file with the court, at any time more

than ten (10) days prior to trial, an offer of judgment for a sum

certain to any plaintiff with respect to the action or any claim or

claims asserted in the action. An offer of judgment shall be deemed

to include any costs or attorney fees otherwise recoverable unless

it expressly provides otherwise. If an offer of judgment is filed,

each plaintiff to whom an offer of judgment is made shall, within

ten (10) days, file:

a. a written acceptance or rejection of such offer, or

b. a counteroffer of judgment, as described in paragraph

2 of this subsection.

If the plaintiff fails to file a timely response, the offer of

judgment shall be deemed rejected. The fact an offer of judgment is

made but not accepted or is deemed rejected does not preclude

subsequent timely offers of judgment.

2. In the event a defendant files an offer of judgment, the

plaintiff may, within ten (10) days, file with the court a

counteroffer of judgment directed to each defendant who has filed an

offer of judgment. If a counteroffer of judgment is filed, each

defendant to whom the counteroffer of judgment is made shall, within

ten (10) days, file a written acceptance or rejection of the

counteroffer of judgment. If a defendant fails to file a timely

response, the counteroffer of judgment shall be deemed rejected.

The fact a counteroffer of judgment is made but not accepted or

deemed rejected does not preclude subsequent counteroffers of

judgment if subsequent offers of judgment are made.

3. In the event the plaintiff rejects the offer(s) of judgment

and the judgment awarded the plaintiff is less than the final offer

of judgment, then the defendant filing the offer of judgment shall

be entitled to recover reasonable litigation costs and reasonable

attorney fees incurred by that defendant from the date of filing of

the final offer of judgment until the date of the verdict. Such

costs and fees may be offset from the judgment entered against the

offering defendant; provided, however, that prior to any such

offset, the plaintiff's attorney may:

Oklahoma Statutes - Title 12. Civil Procedure Page 210

a. exercise any attorneys lien claimed in an amount not

to exceed twenty-five percent (25%) of the judgment,

and

b. recover the plaintiff's reasonable litigation costs,

not to exceed an additional fifteen percent (15%) of

the judgment or Five Thousand Dollars ($5,000.00),

whichever is greater.

4. In the event a defendant rejects the counteroffer(s) of

judgment and the judgment awarded to the plaintiff is greater than

the final counteroffer of judgment, the plaintiff shall be entitled

to recover reasonable litigation costs and reasonable attorney fees

incurred by the plaintiff from the date of filing of the final

counteroffer of judgment until the date of the verdict. Such costs

and fees may be added to the judgment entered in favor of the

plaintiff.

5. The provisions of this subsection shall apply only where the

plaintiff demands in a pleading or in trial proceedings more than

One Hundred Thousand Dollars ($100,000.00), or where the defendant

makes an offer of judgment more than One Hundred Thousand Dollars

($100,000.00). Any offer of judgment may precede the demand.

B. Other actions.

1. After a civil action is brought for the recovery of money or

property in an action other than for personal injury, wrongful death

or pursuant to Chapter 21 of Title 25 or Section 5 of Title 85 of

the Oklahoma Statutes, any defendant may file with the court, at any

time more than ten (10) days prior to trial, an offer of judgment

for a sum certain to any plaintiff with respect to the action or any

claim or claims asserted in the action. An offer of judgment shall

be deemed to include any costs and attorney fees otherwise

recoverable unless it expressly provides otherwise. If an offer of

judgment is filed, the plaintiff or plaintiffs to whom the offer of

judgment is made shall, within ten (10) days, file:

a. a written acceptance or rejection of the offer, or

b. a counteroffer of judgment, as described in paragraph

2 of this subsection.

If a plaintiff fails to file a timely response, the offer of

judgment shall be deemed rejected. The fact an offer of judgment is

made but not accepted or is deemed rejected does not preclude

subsequent timely offers of judgment.

2. In the event a defendant files an offer of judgment, the

plaintiff may, within ten (10) days, file with the court a

counteroffer of judgment to each defendant who has filed an offer of

judgment and the claim or claims which are the subject thereof. If

a counteroffer of judgment is filed, each defendant to whom a

counteroffer of judgment is made shall, within ten (10) days, file a

written acceptance or rejection of the counteroffer of judgment. If

a defendant fails to file a timely response, the counteroffer of

Oklahoma Statutes - Title 12. Civil Procedure Page 211

judgment shall be deemed rejected. The fact a counteroffer of

judgment is made but not accepted or is deemed rejected does not

preclude subsequent counteroffers of judgment if subsequent offers

of judgment are made.

3. If no offer of judgment or counteroffer of judgment is

accepted and the judgment awarded the plaintiff is less than one or

more offers of judgment, the defendant shall be entitled to

reasonable litigation costs and reasonable attorney fees incurred by

the defendant with respect to the action or the claim or claims

included in the offer of judgment from and after the date of the

first offer of judgment which is greater than the judgment until the

date of the judgment. Such costs and fees may be offset from the

judgment entered against the offering defendant.

4. If no offer of judgment or counteroffer of judgment is

accepted and the judgment awarded the plaintiff is greater than one

or more counteroffers of judgment, the plaintiff shall be entitled

to recover the reasonable litigation costs and reasonable attorney

fees incurred by the plaintiff with respect to the action or the

claim or claims included in the counteroffer of judgment from and

after the date of the first counteroffer of judgment which is less

than the judgment until the date of the judgment. Such costs and

fees may be added to the judgment entered in favor of the plaintiff.

5. An award of reasonable litigation costs and reasonable

attorneys fees under paragraph 3 of this subsection shall not

preclude an award under paragraph 4 of this subsection, and an award

under paragraph 4 of this subsection shall not preclude an award

under paragraph 3 of this subsection.

6. This subsection shall not apply to actions brought pursuant

to Chapter 21 of Title 25 or Section 5 of Title 85 of the Oklahoma

Statutes.

C. For purposes of comparing the amount of a judgment with the

amount of an offer under paragraph 3 or 4 of subsection A of this

section or paragraph 3 or 4 of subsection B of this section,

attorney fees and costs otherwise recoverable shall be included in

the amount of the compared judgment only if the offer was inclusive

of attorney fees and costs. Fees or costs recoverable for work

performed after the date of the offer shall not be included in the

amount of the judgment for purposes of comparison.

D. Evidence of an offer of judgment or a counteroffer of

judgment shall not be admissible in any action or proceeding for any

purpose except in proceedings to enforce a settlement arising out of

an offer of judgment or counteroffer of judgment or to determine

reasonable attorneys fees and reasonable litigation costs under this

section.

E. This section shall apply whether or not litigation costs or

attorneys fees are otherwise recoverable.

Oklahoma Statutes - Title 12. Civil Procedure Page 212

F. The provisions of this section are severable, and if any

part or provision thereof shall be held void, the decision of the

court shall not affect or impair any of the remaining parts or

provisions thereof.

G. This section shall apply to all civil actions filed after

the effective date of this act.
Okla. Stat. tit. 12A, § 12A-3-111 — OK Code / Title 12A / Section 12A-3-111
Place of payment
Status: in_force

PLACE OF PAYMENT

Except as otherwise provided for items in Article 4 of this

title, an instrument is payable at the place of payment stated in

the instrument. If no place of payment is stated, an instrument is

payable at the address of the drawee or maker stated in the

instrument. If no address is stated, the place of payment is the

place of business of the drawee or maker. If a drawee or maker has

more than one place of business, the place of payment is any place

of business of the drawee or maker chosen by the person entitled to

enforce the instrument. If the drawee or maker has no place of

business, the place of payment is the residence of the drawee or

maker.
Okla. Stat. tit. 12, § 12-1108 — OK Code / Title 12 / Section 12-1108
Suit by surety before liability due
Status: in_force

A surety may maintain an action against his principal, to obtain

indemnity against the debt or liability for which he is bound,

before it is due, whenever any of the grounds exist, upon which, by

the provisions of this code, an order may be made for arrest and

bail, or for an attachment.

R.L. 1910, § 5308.
Okla. Stat. tit. 12A, § 12A-7-308 — OK Code / Title 12A / Section 12A-7-308
Enforcement of carrier's lien
Status: in_force

Enforcement of Carrier's Lien.

(a) A carrier's lien on goods may be enforced by public or

private sale of the goods, in bulk or in packages, at any time or

place and on any terms that are commercially reasonable, after

notifying all persons known to claim an interest in the goods. The

notification must include a statement of the amount due, the nature

of the proposed sale, and the time and place of any public sale.

The fact that a better price could have been obtained by a sale at a

different time or in a different method from that selected by the

carrier is not of itself sufficient to establish that the sale was

not made in a commercially reasonable manner. The carrier sells

goods in a commercially reasonable manner if the carrier sells the

goods in the usual manner in any recognized market therefor, sells

at the price current in that market at the time of the sale, or

otherwise sells in conformity with commercially reasonable practices

among dealers in the type of goods sold. A sale of more goods than

apparently necessary to be offered to ensure satisfaction of the

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 411

obligation is not commercially reasonable, except in cases covered

by the preceding sentence.

(b) Before any sale pursuant to this section, any person

claiming a right in the goods may pay the amount necessary to

satisfy the lien and the reasonable expenses incurred in complying

with this section. In that event, the goods may not be sold but

must be retained by the carrier, subject to the terms of the bill of

lading and this article.

(c) A carrier may buy at any public sale pursuant to this

section.

(d) A purchaser in good faith of goods sold to enforce a

carrier's lien takes the goods free of any rights of persons against

which the lien was valid, despite the carrier’s noncompliance with

this section.

(e) A carrier may satisfy its lien from the proceeds of any

sale pursuant to this section but shall hold the balance, if any,

for delivery on demand to any person to which the carrier would have

been bound to deliver the goods.

(f) The rights provided by this section are in addition to all

other rights allowed by law to a creditor against a debtor.

(g) A carrier's lien may be enforced pursuant to either

subsection (a) of this section or the procedure set forth in

subsection (b) of Section 7-210 of this title.

(h) A carrier is liable for damages caused by failure to comply

with the requirements for sale under this section and, in case of

willful violation, is liable for conversion.
Okla. Stat. tit. 12A, § 12A-15-110 — OK Code / Title 12A / Section 12A-15-110
Effect of change or error
Status: in_force

EFFECT OF CHANGE OR ERROR

If a change or error in an electronic record occurs in a

transmission between parties to a transaction, the following rules

apply:

(1) If the parties have agreed to use a security procedure to

detect changes or errors and one party has conformed to the

procedure, but the other party has not, and the nonconforming party

would have detected the change or error had that party also

conformed, the conforming party may avoid the effect of the changed

or erroneous electronic record.

(2) In an automated transaction involving an individual, the

individual may avoid the effect of an electronic record that

resulted from an error made by the individual in dealing with the

electronic agent of another person if the electronic agent did not

provide an opportunity for the prevention or correction of the error

and, at the time the individual learns of the error, the individual:

(A) promptly notifies the other person of the error and that

the individual did not intend to be bound by the electronic record

received by the other person;

(B) takes reasonable steps, including steps that conform to the

other person’s reasonable instructions, to return to the other

person or, if instructed by the other person, to destroy the

consideration received, if any, as a result of the erroneous

electronic record; and

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 476

(C) has not used or received any benefit or value from the

consideration, if any, received from the other person.

(3) If neither paragraph (1) nor paragraph (2) of this section

applies, the change or error has the effect provided by other law,

including the law of mistake, and the parties’ contract, if any.

(4) Paragraphs (2) and (3) of this section may not be varied by

agreement.
Okla. Stat. tit. 12A, § 12A-1-9-204 — OK Code / Title 12A / Section 12A-1-9-204
After-acquired property; future advances
Status: in_force

AFTER-ACQUIRED PROPERTY; FUTURE ADVANCES

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

section, a security agreement may create or provide for a security

interest in after-acquired collateral.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 45

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

interest does not attach under a term constituting an after-acquired

property clause to:

(1) consumer goods, other than an accession when given as

additional security, unless the debtor acquires rights in them

within ten (10) days after the secured party gives value; or

(2) a commercial tort claim.

(c) A security agreement may provide that collateral secures,

or that accounts, chattel paper, payment intangibles, or promissory

notes are sold in connection with, future advances or other value,

whether or not the advances or value are given pursuant to

commitment.

(d) Subsection (b) of this section does not prevent a security

interest from attaching:

(1) to consumer goods as proceeds under subsection (a) of

Section 1-9-315 of this title or commingled goods under subsection

(c) of Section 1-9-336 of this title;

(2) to a commercial tort claim as proceeds under subsection (a)

of Section 1-9-315 of this title; or

(3) under an after-acquired property clause to property that is

proceeds of consumer goods or a commercial tort claim.
Okla. Stat. tit. 12, § 12-2203 — OK Code / Title 12 / Section 12-2203
Determining propriety of taking judicial notice
Status: in_force

A. In determining the propriety of taking judicial notice of a

matter:

1. The court may consult and use any source of pertinent

information, whether or not furnished by a party; and

2. No exclusionary rule except a valid claim of privilege shall

apply.

B. A party is entitled upon timely request to an opportunity to

be heard as to the propriety of taking judicial notice and the scope

of the matter noticed. In the absence of prior notification, the

request may be made after judicial notice has been taken.

C. Judicial notice may be taken at any stage of the proceeding.
Okla. Stat. tit. 12A, § 12A-2-502 — OK Code / Title 12A / Section 12A-2-502
Buyer's Right to Goods on Seller's Insolvency
Status: in_force

Buyer's Right to Goods on Seller's Insolvency.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 209

(1) Subject to paragraphs (2) and (3) of this section and even

though the goods have not been shipped a buyer who has paid a part

or all of the price of goods in which the buyer has a special

property under the provisions of Section 2-501 of this title may on

making and keeping good a tender of any unpaid portion of their

price recover them from the seller if:

(a) in the case of goods bought for personal, family, or

household purposes, the seller repudiates or fails to deliver as

required by the contract; or

(b) in all cases, the seller becomes insolvent within ten (10)

days after receipt of the first installment on their price.

(2) The buyer’s right to recover the goods under subparagraph

(a) of paragraph (1) vests upon acquisition of a special property,

even if the seller had not then repudiated or failed to deliver.

(3) If the identification creating his special property has

been made by the buyer he acquires the right to recover the goods

only if they conform to the contract for sale.
Okla. Stat. tit. 12, § 12-681 — OK Code / Title 12 / Section 12-681
Judgment defined
Status: in_force

A judgment is the final determination of the rights of the

parties in an action.

R.L. 1910, § 5123.
Okla. Stat. tit. 12A, § 12A-9-307.3 — OK Code / Title 12A / Section 12A-9-307.3
Renumbered as § 1-9-320.3 of this title by Laws 2000,
Status: in_force

c. 371, § 183, eff. July 1, 2001.
Okla. Stat. tit. 12, § 12-583 — OK Code / Title 12 / Section 12-583
Discharged, when
Status: in_force

The jury may be discharged by the court on account of the

sickness of a juror, or other accident or calamity requiring their

discharge, or by consent of both parties, or after they have been

kept together until it satisfactorily appears to the court that

there is no probability of their agreeing.

R.L. 1910, § 5008.
Okla. Stat. tit. 12, § 12-1277.7A — OK Code / Title 12 / Section 12-1277.7A
Renumbered as § 118.1 of Title 43 by Laws 1990, c. 171, § 3, operative July 1, 1990
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 19171, § 3, operative July 1, 1990 and Laws 1990, c. 188, § 2, eff.

Sept. 1, 1990.
Okla. Stat. tit. 12, § 12-1534 — OK Code / Title 12 / Section 12-1534
Judgment in contest for office
Status: in_force

In every case contesting the right to an office, judgment shall

be rendered according to the rights of the parties, and for the

damages the plaintiff or person entitled may have sustained, if any,

to the time of the judgment.

R.L. 1910, § 4922.
Okla. Stat. tit. 12, § 12-24 — OK Code / Title 12 / Section 12-24
Journal record - Instruments to be entered - Microfilm
Status: in_force

Upon the journal record required to be kept by the clerk of the

district court in civil cases exclusive of the small claims docket

and juvenile proceedings docket shall be entered copies of the

following instruments on file:

1. All items of process by which the court acquired

jurisdiction of the person of each defendant in the case; and

2. All instruments filed in the case that bear the signature of

the judge and specify clearly the relief granted or order made.

The journal may be kept entirely in microfilm, optical disks, or

other appropriate medium. Existing journal records in the custody

of the court clerk may be destroyed after being stored on at least

two microfilm records, optical disks, or other appropriate medium,

one of which shall be placed by the court clerk with the Archives

Oklahoma Statutes - Title 12. Civil Procedure Page 36

and Records Division of the Oklahoma Department of Libraries, or in

a bank or other appropriate local depository, and one shall be

available for public use in the court clerk’s office. In case of

functional failure of the record in the court clerk’s office the

copy in storage shall be made available to anyone requesting access

to it. The cost of the storage medium and equipment and for viewing

and copying shall be paid out of the court fund upon approval by the

Chief Justice of the Supreme Court. Copies of the journal record

reproduced from microfilm, optical disk, and other media and copies

of the original instruments that are part of the journal records,

when certified by the court clerk having the custody of the

original, may be received in evidence with the same effect as the

original would have had and without further identification by the

party desiring to offer them.
Okla. Stat. tit. 12, § 12-1803 — OK Code / Title 12 / Section 12-1803
Programs for mediation services - Rules and regulations
Status: in_force

A. Any county, municipality, accredited law school or agency of

this state is hereby authorized to establish programs for the

purpose of providing mediation services pursuant to the provisions

of the Dispute Resolution Act, to be administered and supervised

under the direction of the Administrative Director of the Courts.

The Administrative Director shall promulgate rules and regulations,

subject to the approval of the Supreme Court of the State of

Oklahoma, to effectuate the purposes of the Dispute Resolution Act.

B. Mediation pursuant to the provisions of the Dispute

Resolution Act shall be available to any party eligible according to

the jurisdictional guidelines established by the Administrative

Director. The company or governmental agency shall be represented

in mediation by a person authorized in writing to act in behalf of

such entity to the extent necessary to arrive at a resolution

pursuant to the provisions of the Dispute Resolution Act.

C. Mediators participating in a program sponsored by a state

agency are deemed an employee of that agency solely for the limited

purpose of Section 20f of Title 74 of the Oklahoma Statutes.

D. Such rules and regulations shall include:

1. Qualifications to certify mediators to assure their

competence and impartiality; and

2. Jurisdictional guidelines including types of disputes which

may be subject to the Dispute Resolution Act; and

3. Standard procedures for mediation which shall be complied

with in all mediation proceedings; and

Oklahoma Statutes - Title 12. Civil Procedure Page 345

4. A method by which a court may grant a continuance in

contemplation of dismissal on the condition that the defendant in a

criminal action or the plaintiff and defendant in a civil action

participate in mediation and a resolution is reached by the parties;

and

5. A form for a written agreement for participation in

mediation; and

6. A form for a written record of the termination of mediation.
Okla. Stat. tit. 12, § 12-2403 — OK Code / Title 12 / Section 12-2403
Exclusion of relevant evidence on grounds of prejudice,
Status: in_force

confusion or cumulative nature of evidence.

Although relevant, evidence may be excluded if its probative

value is substantially outweighed by the danger of unfair prejudice,

confusion of the issues, misleading the jury, undue delay, needless

presentation of cumulative evidence, or unfair and harmful surprise.

However, in a prosecution for any criminal homicide, an appropriate

photograph of the victim while alive shall be admissible evidence

when offered by the district attorney to show the general appearance

and condition of the victim while alive.
Okla. Stat. tit. 12A, § 12A-15-109 — OK Code / Title 12A / Section 12A-15-109
Attribution and effect of electronic record and
Status: in_force

electronic signature.

ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND ELECTRONIC

SIGNATURE

(a) An electronic record or electronic signature is

attributable to a person if it was the act of the person. The act

of the person may be shown in any manner, including a showing of the

efficacy of any security procedure applied to determine the person

to which the electronic record or electronic signature was

attributable.

(b) The effect of an electronic record or electronic signature

attributed to a person under subsection (a) of this section is

determined from the context and surrounding circumstances at the

time of its creation, execution, or adoption, including the parties’

agreement, if any, and otherwise as provided by law.
Okla. Stat. tit. 12A, § 12A-2-510 — OK Code / Title 12A / Section 12A-2-510
Effect of Breach on Risk of Loss
Status: in_force

(1) Where a tender or delivery of goods so fails to conform to

the contract as to give a right of rejection the risk of their loss

remains on the seller until cure or acceptance.

(2) Where the buyer rightfully revokes acceptance he may to the

extent of any deficiency in his effective insurance coverage treat

the risk of loss as having rested on the seller from the beginning.

(3) Where the buyer as to conforming goods already identified to

the contract for sale repudiates or is otherwise in breach before

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 213

risk of their loss has passed to him, the seller may to the extent

of any deficiency in his effective insurance coverage treat the risk

of loss as resting on the buyer for a commercially reasonable time.
Okla. Stat. tit. 12, § 12-1752B — OK Code / Title 12 / Section 12-1752B
Venue of actions arising upon contract
Status: in_force

The venue of civil actions instituted under small claims

procedure for the collection of an open account or for the

collection of any note or other instrument of indebtedness shall be,

at the option of the plaintiff or plaintiffs in either of the

following:

(a) in any county in which venue may be properly had as provided

by law; or

(b) in the county in which the debt was contracted or in which

the note or other instrument of indebtedness was given.
Okla. Stat. tit. 12, § 12-3207 — OK Code / Title 12 / Section 12-3207
Renumbered as § 3230 of this title by Laws 1989, c. 129,
Status: in_force

§ 14, eff. Nov. 1, 1989.
Okla. Stat. tit. 12A, § 12A-2A-510 — OK Code / Title 12A / Section 12A-2A-510
Installment lease contracts; rejection and default
Status: in_force

INSTALLMENT LEASE CONTRACTS; REJECTION AND

DEFAULT

(1) Under an installment lease contract a lessee may reject any

delivery that is nonconforming if the nonconformity substantially

impairs the value of that delivery and cannot be cured or the

nonconformity is a defect in the required documents; but if the

nonconformity does not fall within subsection (2) of this section

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 266

and the lessor or the supplier gives adequate assurance of its cure,

the lessee must accept that delivery.

(2) Whenever nonconformity or default with respect to one or

more deliveries substantially impairs the value of the installment

lease contract as a whole there is a default with respect to the

whole. But, the aggrieved party reinstates the installment lease

contract as a whole if the aggrieved party accepts a nonconforming

delivery without seasonably notifying of cancellation or brings an

action with respect only to past deliveries or demands performance

as to future deliveries.
Okla. Stat. tit. 12, § 12-1600.20 — OK Code / Title 12 / Section 12-1600.20
Renumbered as § 320 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12A, § 12A-1-9-201 — OK Code / Title 12A / Section 12A-1-9-201
General effectiveness of security agreement
Status: in_force

GENERAL EFFECTIVENESS OF SECURITY AGREEMENT

(a) Except as otherwise provided in this title, a security

agreement is effective according to its terms between the parties,

against purchasers of the collateral, and against creditors.

(b) A transaction subject to this article is subject to any

applicable rule of law which establishes a different rule for

consumers, and any other statute or regulation that regulates the

rates, charges, agreements and practices for loans, credit sales or

other extensions of credit.

(c) In case of conflict between this article and a rule of law,

statute, or regulation described in subsection (b) of this section,

the rule of law, statute, or regulation controls. Failure to comply

with a statute or regulation described in subsection (b) of this

section has only the effect the statute or regulation specifies.

(d) This article does not:

(1) validate any rate, charge, agreement, or practice that

violates a rule of law, statute, or regulation described in

subsection (b) of this section; or

(2) extend the application of the rule of law, statute, or

regulation to a transaction not otherwise subject to it.
Okla. Stat. tit. 12A, § 12A-2-708 — OK Code / Title 12A / Section 12A-2-708
Seller's Damages for Nonacceptance or Repudiation
Status: in_force

(1) Subject to subsection (2) and to the provisions of this

article with respect to proof of market price (Section 2-723), the

measure of damages for nonacceptance or repudiation by the buyer is

the difference between the market price at the time and place for

tender and the unpaid contract price together with any incidental

damages provided in this article (Section 2-710), but less expenses

saved in consequence of the buyer's breach.

(2) If the measure of damages provided in subsection (1) is

inadequate to put the seller in as good a position as performance

would have done then the measure of damages is the profit (including

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 225

reasonable overhead) which the seller would have made from full

performance by the buyer, together with any incidental damages

provided in this article (Section 2-710), due allowance for costs

reasonably incurred and due credit for payments or proceeds of

resale.
Okla. Stat. tit. 12A, § 12A-2-607 — OK Code / Title 12A / Section 12A-2-607
Effect of Acceptance; Notice of Breach; Burden of
Status: in_force

Establishing Breach After Acceptance; Notice of Claim or Litigation

to Person Answerable Over.

(1) The buyer must pay at the contract rate for any goods

accepted.

(2) Acceptance of goods by the buyer precludes rejection of the

goods accepted and if made with knowledge of a nonconformity cannot

be revoked because of it unless the acceptance was on the reasonable

assumption that the nonconformity would be seasonably cured but

acceptance does not of itself impair any other remedy provided by

this article for nonconformity.

(3) Where a tender has been accepted

(a) the buyer must within a reasonable time after he

discovers or should have discovered any breach notify

the seller of breach or be barred from any remedy; and

(b) if the claim is one for infringement or the like

(subsection (3) of Section 2-312) and the buyer is

sued as a result of such a breach he must so notify

the seller within a reasonable time after he receives

notice of the litigation or be barred from any remedy

over for liability established by the litigation.

(4) The burden is on the buyer to establish any breach with

respect to the goods accepted.

(5) Where the buyer is sued for breach of a warranty or other

obligation for which his seller is answerable over

(a) he may give his seller written notice of the

litigation. If the notice states that the seller may

come in and defend and that if the seller does not do

so he will be bound in any action against him by his

buyer by any determination of fact common to the two

litigations, then unless the seller after seasonable

receipt of the notice does come in and defend he is so

bound.

(b) if the claim is one for infringement or the like

(subsection (3) of Section 2-312) the original seller

may demand in writing that his buyer turn over to him

control of the litigation including settlement or else

be barred from any remedy over and if he also agrees

to bear all expense and to satisfy any adverse

judgment, then unless the buyer after seasonable

receipt of the demand does turn over control the buyer

is so barred.

(6) The provisions of subsections (3), (4) and (5) apply to any

obligation of a buyer to hold the seller harmless against

infringement or the like (subsection (3) (b) of Section 2-312).Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 6
Okla. Stat. tit. 12A, § 12A-1-106 — OK Code / Title 12A / Section 12A-1-106
Use of singular and plural - Gender
Status: in_force

Use of Singular and Plural; Gender.

In the Uniform Commercial Code, unless the statutory context

otherwise requires:

(1) words in the singular number include the plural, and in the

plural include the singular; and

(2) words of any gender include any other gender.
Okla. Stat. tit. 12A, § 12A-2-301 — OK Code / Title 12A / Section 12A-2-301
General Obligations of Parties
Status: in_force

The obligation of the seller is to transfer and deliver and that

of the buyer is to accept and pay in accordance with the contract.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 194
Okla. Stat. tit. 12, § 12-723 — OK Code / Title 12 / Section 12-723
Stay
Status: in_force

(a) If the judgment debtor shows the district or superior court

of the county in which the judgment is filed that an appeal from the

foreign judgment is pending or will be taken, or that a stay of

execution has been granted, the court shall stay enforcement of the

foreign judgment until the appeal is concluded, or until the time

for appeal expires, or until the stay of execution expires or is

vacated, upon proof that the judgment debtor has furnished the

security for the satisfaction of the judgment required by the law of

the state in which it was rendered.

(b) If the judgment debtor shows the district or superior court

of the county in which the judgment is filed any ground upon which

enforcement of a judgment of that court would be stayed, the court

shall stay enforcement of the foreign judgment for an appropriate

period, upon requiring the same security for satisfaction of the

judgment which is required in this state.
Okla. Stat. tit. 12, § 12-1453 — OK Code / Title 12 / Section 12-1453
Forms and contents of writ
Status: in_force

The writ is either alternative or peremptory. The alternative

writ must state, concisely, the fact showing the obligation of the

defendant to perform the act, and his omission to perform it, and

command him that immediately upon the receipt of the writ, or at

some other specified time, he do the act required to be performed or

Oklahoma Statutes - Title 12. Civil Procedure Page 297

show cause before the court whence the writ issued, at a specified

time and place, why he has not done so; and that he then and there

return the writ with his certificate of having done as he is

commanded. The peremptory writ must be in a similar form, except

that the words requiring the defendant to show cause why he has not

done as commanded, must be omitted.

R.L. 1910, § 4909.
Okla. Stat. tit. 12, § 12-3304 — OK Code / Title 12 / Section 12-3304
Collaborative law participation agreement — Requirements
Status: in_force

COLLABORATIVE LAW PARTICIPATION AGREEMENT; REQUIREMENTS.

A. A collaborative law participation agreement must:

1. Be in a record;

2. Be signed by the parties;

3. State the parties’ intention to resolve a collaborative

matter through a collaborative law process under this act;

4. Describe the nature and scope of the matter;

5. Identify the collaborative lawyer who represents each party

in the process; and

6. Contain a statement by each collaborative lawyer confirming

the lawyer’s representation of a party in the collaborative law

process.

B. Parties may agree to include in a collaborative law

participation agreement additional provisions not inconsistent with

this act.
Okla. Stat. tit. 12A, § 12A-9-307.6 — OK Code / Title 12A / Section 12A-9-307.6
Renumbered as § 1-9-320.6 of this title by Laws 2000,
Status: in_force

c. 371, § 183, eff. July 1, 2001.
Okla. Stat. tit. 12, § 12-1513 — OK Code / Title 12 / Section 12-1513
Order directing sale of property by sheriff or public
Status: in_force

auction.

A. If none of the parties elect to take the property at the

valuation or if two or more of the parties elect to take the

property at the valuation in opposition to each other, the court

shall make an order directing the sale of the property. Upon

agreement of all parties, the court may partition a portion of the

property in kind and order the balance of the property to be

partitioned by sale. If the court order directs the sale due to two

or more opposing parties electing to take the property at the same

valuation, the court shall hold a sealed bid auction between or

among the opposing parties. The court shall set a date, not less

than ten (10) days after the closing of the election to take the

property at valuation, by which the parties shall submit a sealed

bid to the court of their best and final offer for the property,

which shall be at least the appraised value set by the

commissioners. The court shall set a hearing to open all sealed

bids, the property shall be sold to the party submitting the highest

bid and, upon the court’s final approval and confirmation of the

sale, the sheriff shall execute and deliver one or more sheriff’s

deed or deeds in accordance with the order of the court. Unless the

court orders a sale by public auction conducted by an auctioneer

pursuant to subsection B of this section, the court shall direct the

sheriff of the county to sell the property in the same manner as in

sales of real estate on execution; but no sale, whether by sheriff

or auctioneer, shall be made at less than two-thirds (2/3) of the

valuation placed upon the property by the commissioners.

B. Any property to be partitioned by sale may be sold at a

public auction conducted by an auctioneer in lieu of a sale by

Oklahoma Statutes - Title 12. Civil Procedure Page 306

sheriff. Upon the request of a party, the court may order a sale of

the property at a public auction conducted by an auctioneer if the

court finds that such sale is likely to result in a higher aggregate

net price than a sale by sheriff using the procedures for sales of

real estate on execution. Any sale by an auctioneer pursuant to

this subsection shall be conducted in a manner consistent with the

auction procedures and sale terms approved by the court, which may

include provisions for:

1. Offering noncontiguous land as separate tracts;

2. Dividing any contiguous land into multiple tracts for

purposes of the auction; or

3. Selling multiple tracts separately or in one or more

combinations in a manner resulting in the highest total price.

After the auction, any party may report the auction results to

the court and, upon the court’s final approval and confirmation of

the sale, the sheriff shall execute and deliver one or more

sheriff’s deed or deeds in accordance with the order of the court.

C. For purposes of this section, “auctioneer” means an

individual or company that is licensed to sell real estate in this

state and engaged in the business of selling real estate by public

auction.

R.L. 1910, § 4952. Amended by Laws 2024, c. 307, § 1, eff. Nov. 1,

2024.
Okla. Stat. tit. 12, § 12-2611.4 — OK Code / Title 12 / Section 12-2611.4
Definitions
Status: in_force

As used in the Uniform Child Witness Testimony by Alternative

Methods Act:

1. "Alternative method" means a method by which a child witness

testifies which does not include all of the following:

a. having the child testify in person in an open forum,

b. having the child testify in the presence and full view

of the finder of fact and presiding officer, and

c. allowing all of the parties to be present, to

participate, and to view and be viewed by the child;

2. "Child witness" means a child as defined by Section 1-1-105

of Title 10A of the Oklahoma Statutes who has been or will be called

to testify in a proceeding;

3. "Criminal proceeding" means a deposition, conditional

examination ordered pursuant to Section 765 of Title 22 of the

Oklahoma Statutes, trial or hearing before a court in a prosecution

of a person charged with violating a criminal law of this state, a

juvenile certified to stand trial as an adult pursuant to Section 2-

2-403 of Title 10A of the Oklahoma Statutes or a youthful offender

prosecuted pursuant to the Youthful Offender Act; and

Oklahoma Statutes - Title 12. Civil Procedure Page 471

4. "Noncriminal proceeding" means a deposition, trial or

hearing before a court or an administrative agency of this state

having judicial or quasi-judicial powers, other than a criminal

proceeding.
Okla. Stat. tit. 12, § 12-1173.3 — OK Code / Title 12 / Section 12-1173.3
General garnishment - Affidavit - Summons - Answer
Status: in_force

A. A general garnishment shall be commenced by filing the

affidavit provided for by Section 1172 of this title.

B. The summons required by this section shall be on a form

prescribed by the Oklahoma Bar Association. The Administrative

Office of the Courts shall provide public access to the summons by

providing a link to the form on the Oklahoma State Courts Network

(OSCN) website.

C. The summons required by subsection B of this section shall

be served upon the garnishee together with a copy of the judgment

Oklahoma Statutes - Title 12. Civil Procedure Page 246

creditor's affidavit, a garnishee's answer form, notice of

garnishment and request for hearing, and claim for exemptions in the

manner provided for in Section 2004 of this title and shall be

returned with proof of service within ten (10) days of its date.

D. The garnishee's answer shall be on a form prescribed by the

Oklahoma Bar Association. The Administrative Office of the Courts

shall provide public access to the garnishee's answer by providing a

link to the form on the Oklahoma State Courts Network (OSCN)

website.

E. Within ten (10) days after service of the garnishment, the

garnishee shall file its answer with the court clerk and pay or

deliver to the judgment creditor's attorney or to the judgment

creditor if there is no attorney the indebtedness or property

belonging to or owed to the defendant, together with a copy of the

answer which shall state:

1. Whether the garnishee was indebted or under any liability to

or had in garnishee's possession or control, any property belonging

to the defendant. When the garnishee shall be in doubt respecting

any such liability or indebtedness, the garnishee may set forth all

of the facts and circumstances concerning the same, and submit the

question to the court;

2. If the garnishee shall claim any setoff, defense, other

indebtedness, liability, lien, or claim to the property, the facts

and circumstances;

3. At the garnishee's option, any claim of exemption from

execution on the part of the defendant, or other objection known to

the garnishee against the right of the judgment creditor to apply

the indebtedness or property disclosed;

4. If the garnishee shall disclose any indebtedness or the

possession of any property to which the defendant or any other

person makes claim, at the garnishee's option, the names and

addresses of such other claimants and, so far as known, the nature

of the claims; and

5. That the garnishee has mailed or hand-delivered a copy of

the notice of garnishment and exemptions, application for hearing,

and the manner and date of compliance.

F. The garnishment summons and affidavit served on the

garnishee under this section are a lien on the defendant's property

due at the time of service of the summons to the extent the property

is not exempt from garnishment.
Okla. Stat. tit. 12, § 12-1394 — OK Code / Title 12 / Section 12-1394
Application to vacate or modify injunction - Return and
Status: in_force

record of orders of judge.

If the injunction be granted without notice, the defendant, at

any time before the trial, may apply, upon notice, to the court in

which the action is brought, or any judge thereof, to vacate or

modify the same. The application may be made upon the petition and

affidavits upon which the injunction is granted, or upon affidavits

on the part of the party enjoined, with or without answer. The

order of the judge, allowing, dissolving or modifying an injunction,

shall be returned to the office of the clerk of the court in which

the action is brought, and recorded and obeyed, as if made by the

court.

R.L. 1910, § 4878a.
Okla. Stat. tit. 12, § 12-3224 — OK Code / Title 12 / Section 12-3224
Short title and scope of Code
Status: in_force

Sections 3224 through 3237 of this title shall be known and may

be cited as the Oklahoma Discovery Code. The Oklahoma Discovery

Code shall govern the procedure for discovery in all suits of a

civil nature in all courts in this state.
Okla. Stat. tit. 12, § 12-718.4 — OK Code / Title 12 / Section 12-718.4
Standards for recognition of foreign-country judgment
Status: in_force

A. Except as otherwise provided in subsections B and C of this

section, a court of this state shall recognize a foreign-country

Oklahoma Statutes - Title 12. Civil Procedure Page 125

judgment to which the Uniform Foreign-Country Money Judgments

Recognition Act applies.

B. A court of this state may not recognize a foreign-country

judgment if:

1. The judgment was rendered under a judicial system that does

not provide impartial tribunals or procedures compatible with the

requirements of due process of law;

2. The foreign court did not have personal jurisdiction over

the defendant; or

3. The foreign court did not have jurisdiction over the subject

matter.

C. A court of this state need not recognize a foreign-country

judgment if:

1. The defendant in the proceeding in the foreign court did not

receive notice of the proceeding in sufficient time to enable the

defendant to defend;

2. The judgment was obtained by fraud that deprived the losing

party of an adequate opportunity to present its case;

3. The judgment or the cause of action on which the judgment is

based is repugnant to the public policy of this state or of the

United States;

4. The judgment conflicts with another final and conclusive

judgment;

5. The proceeding in the foreign court was contrary to an

agreement between the parties under which the dispute in question

was to be determined otherwise than by proceedings in that foreign

court;

6. In the case of jurisdiction based only on personal service,

the foreign court was a seriously inconvenient forum for the trial

of the action;

7. The judgment was rendered in circumstances that raise

substantial doubt about the integrity of the rendering court with

respect to the judgment; or

8. The specific proceeding in the foreign court leading to the

judgment was not compatible with the requirements of due process of

law.

D. A party resisting recognition of a foreign-country judgment

has the burden of establishing that a ground for nonrecognition

stated in subsection B or C of this section exists.
Okla. Stat. tit. 12A, § 12A-5-117 — OK Code / Title 12A / Section 12A-5-117
Subrogation of Issuer, Applicant, and Nominated Person
Status: in_force

Subrogation of Issuer, Applicant, and Nominated Person.

(a) An issuer that honors a beneficiary's presentation is

subrogated to the rights of the beneficiary to the same extent as if

the issuer were a secondary obligor of the underlying obligation

owed to the beneficiary and of the applicant to the same extent as

if the issuer were the secondary obligor of the underlying

obligation owed to the applicant.

(b) An applicant that reimburses an issuer is subrogated to the

rights of the issuer against any beneficiary, presenter, or

nominated person to the same extent as if the applicant were the

secondary obligor of the obligations owed to the issuer and has the

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 393

rights of subrogation of the issuer to the rights of the beneficiary

stated in subsection (a) of this section.

(c) A nominated person who pays or gives value against a draft

or demand presented under a letter of credit is subrogated to the

rights of:

(1) The issuer against the applicant to the same extent as

if the nominated person were a secondary obligor of

the obligation owed to the issuer by the applicant;

(2) The beneficiary to the same extent as if the nominated

person were a secondary obligor of the underlying

obligation owed to the beneficiary; and

(3) The applicant to the same extent as if the nominated

person were a secondary obligor of the underlying

obligation owed to the applicant.

(d) Notwithstanding any agreement or term to the contrary, the

rights of subrogation stated in subsections (a) and (b) of this

section do not arise until the issuer honors the letter of credit or

otherwise pays and the rights in subsection (c) of this section do

not arise until the nominated person pays or otherwise gives value.

Until then, the issuer, nominated person, and the applicant do not

derive under this section present or prospective rights forming the

basis of a claim, defense, or excuse.
Okla. Stat. tit. 12, § 12-303 — OK Code / Title 12 / Section 12-303
Libel or slander - Alleging publication concerning
Status: in_force

plaintiff.

In an action for libel or slander, it shall be sufficient to

state, generally, that the defamatory matter was published or spoken

of the plaintiff; and if the allegation be denied, the plaintiff

Oklahoma Statutes - Title 12. Civil Procedure Page 79

must prove, on the trial, the facts, showing that the defamatory

matter was published or spoken of him.

R.L. 1910, § 4776.
Okla. Stat. tit. 12, § 12-1512 — OK Code / Title 12 / Section 12-1512
Purchase at appraised value
Status: in_force

If partition cannot be made, and the property shall have been

valued and appraised, any one or more of the parties may elect to

take the same at the appraisement, and the court may direct the

sheriff to make a deed to the party or parties so electing, on

payment to the other parties of their proportion of the appraised

value. Such election shall be filed within twenty (20) days of the

filing of the commissioners' report provided that the court may,

before expiration of the said twenty (20) days, fix a different and

longer period for the filing of elections.

R.L. 1910, § 4951. Amended by Laws 1953, p. 60, § 1; Laws 1974, c.

166, § 2, eff. Oct. 1, 1974.
Okla. Stat. tit. 12A, § 12A-8-103 — OK Code / Title 12A / Section 12A-8-103
Rules for determining whether certain obligations and
Status: in_force

interests are securities or financial assets.

Rules for Determining Whether Certain Obligations and Interests

Are Securities or Financial Assets.

(a) A share or similar equity interest issued by a corporation,

business trust, joint stock company, or similar entity is a

security.

(b) An "investment company security" is a security.

"Investment company security" means a share or similar equity

interest issued by an entity that is registered as an investment

company under the federal investment company laws, an interest in a

unit investment trust that is so registered, or a face-amount

certificate issued by a face-amount certificate company that is so

registered. Investment company security does not include an

insurance policy or endowment policy or annuity contract issued by

an insurance company.

(c) An interest in a partnership or limited liability company

is not a security unless it is dealt in or traded on securities

exchanges or in securities markets, its terms expressly provide that

it is a security governed by this article, or it is an investment

company security. However, an interest in a partnership or limited

liability company is a financial asset if it is held in a securities

account.

(d) A writing that is a security certificate is governed by

this article and not by Article 3 of this code, even though it also

meets the requirements of that article. However, a negotiable

instrument governed by Article 3 of this code is a financial asset

if it is held in a securities account.

(e) An option or similar obligation issued by a clearing

corporation to its participants is not a security, but is a

financial asset.

(f) A commodity contract, as defined in paragraph (15) of

subsection (a) of Section 1-9-102 of this title, is not a security

or a financial asset.

(g) A document of title is not a financial asset unless

subparagraph (iii) of paragraph (9) of subsection (a) of Section 8-

102 of this title applies.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 424

(h) A controllable account, controllable electronic record, or

controllable payment intangible is not a financial asset unless

subparagraph (iii) of paragraph 9 of subsection (a) of Section 8-102

of this title applies.Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 14
Okla. Stat. tit. 12A, § 12A-8-208 — OK Code / Title 12A / Section 12A-8-208
Effect of Signature of Authenticating Trustee,
Status: in_force

Registrar, or Transfer Agent.

Effect of Signature of Authenticating Trustee, Registrar, or

Transfer Agent.

(a) A person signing a security certificate as authenticating

trustee, registrar, transfer agent, or the like, warrants to a

purchaser for value of the certificated security, if the purchaser

is without notice of a particular defect, that:

(1) the certificate is genuine;

(2) the person's own participation in the issue of the

security is within the person's capacity and within

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 439

the scope of the authority received by the person from

the issuer; and

(3) the person has reasonable grounds to believe that the

certificated security is in the form and within the

amount the issuer is authorized to issue.

(b) Unless otherwise agreed, a person signing under subsection

(a) of this section does not assume responsibility for the validity

of the security in other respects.
Okla. Stat. tit. 12, § 12-1335 — OK Code / Title 12 / Section 12-1335
Delivery to sheriff
Status: in_force

If the writ be directed to the sheriff, it shall be delivered by

the clerk to him without delay.

R.L. 1910, § 4886.

Oklahoma Statutes - Title 12. Civil Procedure Page 272
Okla. Stat. tit. 12, § 12-618 — OK Code / Title 12 / Section 12-618
Oath of referee
Status: in_force

The referees must be sworn or affirmed well and faithfully to

hear and examine the cause, and to make a just and true report

therein, according to the best of their understanding. The oath may

be administered by any person authorized to take depositions.

R.L. 1910, § 5024.
Okla. Stat. tit. 12, § 12-1244 — OK Code / Title 12 / Section 12-1244
No judgment until claim due
Status: in_force

The plaintiff in such action shall not have judgment on his

claim before it is due, but the proceedings on the attachment may be

conducted without delay.

R.L. 1910, § 4865.
Okla. Stat. tit. 12A, § 12A-2-320 — OK Code / Title 12A / Section 12A-2-320
C.I.F. and C. and F. Terms
Status: in_force

(1) The term C.I.F. means that the price includes in a lump sum

the cost of the goods and the insurance and freight to the named

destination. The term C. and F. or C.F. means that the price so

includes cost and freight to the named destination.

(2) Unless otherwise agreed and even though used only in

connection with the stated price and destination, the term C.I.F.

destination or its equivalent requires the seller at his own expense

and risk to

(a) put the goods into the possession of a carrier at the

port for shipment and obtain a negotiable bill or bills of lading

covering the entire transportation to the named destination; and

(b) load the goods and obtain a receipt from the carrier

(which may be contained in the bill of lading) showing that the

freight has been paid or provided for; and

(c) obtain a policy or certificate of insurance, including

any war risk insurance, of a kind and on terms then current at the

port of shipment in the usual amount, in the currency of the

contract, shown to cover the same goods covered by the bill of

lading and providing for payment of loss to the order of the buyer

or for the account of whom it may concern; but the seller may add to

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 202

the price the amount of the premium for any such war risk insurance;

and

(d) prepare an invoice of the goods and procure any other

documents required to effect shipment or to comply with the

contract; and

(e) forward and tender with commercial promptness all the

documents in due form and with any endorsement necessary to perfect

the buyer's rights.

(3) Unless otherwise agreed the term C. and F. or its

equivalent has the same effect and imposes upon the seller the same

obligations and risks as a C.I.F. term except the obligation as to

insurance.

(4) Under the term C.I.F. or C. and F. unless otherwise agreed

the buyer must make payment against tender of the required documents

and the seller may not tender nor the buyer demand delivery of the

goods in substitution for the documents.
Okla. Stat. tit. 12, § 12-1277.5 — OK Code / Title 12 / Section 12-1277.5
Renumbered as § 116 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-1228 — OK Code / Title 12 / Section 12-1228
Sheriff to act as receiver - When
Status: in_force

Where a receiver is not appointed by the court or a judge

thereof, the sheriff or other officer attaching the property, shall

have all the powers and perform all the duties of a receiver

appointed by the court or a judge, and may, if necessary, commence

and maintain actions in his own name as such officer. He may be

required to give security other than his official undertaking.

R.L. 1910, § 4849.
Okla. Stat. tit. 12A, § 12A-2A-403 — OK Code / Title 12A / Section 12A-2A-403
Retraction of anticipatory repudiation
Status: in_force

RETRACTION OF ANTICIPATORY REPUDIATION

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

repudiating party can retract the repudiation unless, since the

repudiation, the aggrieved party has cancelled the lease contract or

materially changed the aggrieved party's position or otherwise

indicated that the aggrieved party considers the repudiation final.

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

the aggrieved party that the repudiating party intends to perform

under the lease contract and includes any assurance demanded under

Section 41 of this act.

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

lease contract with due excuse and allowance to the aggrieved party

for any delay occasioned by the repudiation.
Okla. Stat. tit. 12A, § 12A-2-701 — OK Code / Title 12A / Section 12A-2-701
Remedies for Breach of Collateral Contracts Not
Status: in_force

Impaired.

Remedies for breach of any obligation or promise collateral or

ancillary to a contract for sale are not impaired by the provisions

of this article.
Okla. Stat. tit. 12, § 12-763 — OK Code / Title 12 / Section 12-763
Judgments against public officers - Sale without
Status: in_force

valuation.

If the property of any clerk, sheriff, coroner, judge of the

district court, constable or any collector of state, county, town or

township tax, shall be levied on for, or on account of, any monies

that now are, or may hereafter be, by them collected or received in

their official capacity, the property so levied on shall be sold

without valuation.

R.L. 1910, § 5165.
Okla. Stat. tit. 12A, § 12A-1-9-306 — OK Code / Title 12A / Section 12A-1-9-306
Law governing perfection and priority of security
Status: in_force

interests in letter-of-credit rights.

LAW GOVERNING PERFECTION AND PRIORITY

OF SECURITY INTERESTS IN LETTER-OF-CREDIT RIGHTS

(a) Subject to subsection (c) of this section, the local law of

the issuer’s jurisdiction or a nominated person’s jurisdiction

governs perfection, the effect of perfection or nonperfection, and

the priority of a security interest in a letter-of-credit right if

the issuer’s jurisdiction or nominated person’s jurisdiction is a

state.

(b) For purposes of this part, an issuer’s jurisdiction or

nominated person’s jurisdiction is the jurisdiction whose law

governs the liability of the issuer or nominated person with respect

to the letter-of-credit right as provided in Section 5-116 of this

title.

(c) This section does not apply to a security interest that is

perfected only under subsection (d) of Section 1-9-308 of this

title.
Okla. Stat. tit. 12, § 12-102 — OK Code / Title 12 / Section 12-102
Statutory bar absolute - Exception
Status: in_force

When a right of action is barred by the provisions of any

statute, it shall be unavailable either as a cause of action or

ground of defense, except as otherwise provided with reference to a

counterclaim or setoff.

R.L. 1910, § 4664.
Okla. Stat. tit. 12, § 12-130 — OK Code / Title 12 / Section 12-130
Actions brought pursuant to Affordable Access to Health
Status: in_force

Care Act.

The venue of civil actions for damages brought pursuant to the

Affordable Access to Health Care Act, Section 1-1708.1A et seq. of

Title 63 of the Oklahoma Statutes, shall be in a county where the

cause of action or any portion thereof arose, or in any county in

which any of the defendants reside, or in the case of a corporation,

in a county in which it is situated, or has its principal office or

place of business, or in any county where a codefendant of such

corporation may be sued. Upon a finding of lack of venue, the court

shall transfer or dismiss the action; provided, however, that if the

court finds lack of venue and that a dismissal would operate as a

dismissal with prejudice, the court shall transfer the action.
Okla. Stat. tit. 12, § 12-1383 — OK Code / Title 12 / Section 12-1383
When and by whom injunction granted - Affidavit showing
Status: in_force

right to.

The injunction may be granted at the time of commencing the

action, or any time afterwards, before judgment by the district

court, or the judge thereof, or, in his absence from the county or

disqualification, by the county judge, upon its appearing

satisfactorily to the court or judge, by the affidavit of the

plaintiff or his agent, that the plaintiff is entitled thereto.

R.L. 1910, § 4868.
Okla. Stat. tit. 12A, § 12A-5-102 — OK Code / Title 12A / Section 12A-5-102
Definitions
Status: in_force

Definitions.

(a) In this article:

(1) "Adviser" means a person who, at the request of the

issuer, a confirmer, or another adviser, notifies or

requests another adviser to notify the beneficiary

that a letter of credit has been issued, confirmed, or

amended;

(2) "Applicant" means a person at whose request or for

whose account a letter of credit is issued. The term

includes a person who requests an issuer to issue a

letter of credit on behalf of another if the person

making the request undertakes an obligation to

reimburse the issuer;

(3) "Beneficiary" means a person who under the terms of a

letter of credit is entitled to have its complying

presentation honored. The term includes a person to

whom drawing rights have been transferred under a

transferable letter of credit;

(4) "Confirmer" means a nominated person who undertakes,

at the request or with the consent of the issuer, to

honor a presentation under a letter of credit issued

by another;

(5) "Dishonor" of a letter of credit means failure timely

to honor or to take an interim action, such as

acceptance of a draft, that may be required by the

letter of credit;

(6) "Document" means a draft or other demand, document of

title, investment security, certificate, invoice, or

other record, statement, or representation of fact,

law, right, or opinion:

(i) which is presented in a written or other medium

permitted by the letter of credit or, unless

prohibited by the letter of credit, by the

standard practice referred to in subsection (e)

of Section 5-108 of this title; and

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 382

(ii) which is capable of being examined for compliance

with the terms and conditions of the letter of

credit.

A document may not be oral;

(7) "Good faith" means honesty in fact in the conduct or

transaction concerned;

(8) "Honor" of a letter of credit means performance of the

issuer's undertaking in the letter of credit to pay or

deliver an item of value. Unless the letter of credit

otherwise provides, "honor" occurs:

(i) upon payment;

(ii) if the letter of credit provides for acceptance,

upon acceptance of a draft and, at maturity, its

payment; or

(iii) if the letter of credit provides for incurring a

deferred obligation, upon incurring the

obligation and, at maturity, its performance;

(9) "Issuer" means a bank or other person that issues a

letter of credit, but does not include an individual

who makes an engagement for personal, family, or

household purposes;

(10) "Letter of credit" means a definite undertaking that

satisfies the requirements of Section 5-104 of this

title by an issuer to a beneficiary at the request or

for the account of an applicant or, in the case of a

financial institution, to itself or for its own

account, to honor a documentary presentation by

payment or delivery of an item of value;

(11) "Nominated person" means a person whom the issuer:

(i) designates or authorizes to pay, accept,

negotiate, or otherwise give value under a letter

of credit; and

(ii) undertakes by agreement or custom and practice to

reimburse;

(12) "Presentation" means delivery of a document to an

issuer or nominated person for honor or giving of

value under a letter of credit;

(13) "Presenter" means a person making a presentation as or

on behalf of a beneficiary or nominated person;

(14) "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;

and

(15) "Successor of a beneficiary" means a person who

succeeds to substantially all of the rights of a

beneficiary by operation of law, including a

corporation with or into which the beneficiary has

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 383

been merged or consolidated, an administrator,

executor, personal representative, trustee in

bankruptcy, debtor in possession, liquidator, and

receiver.

(b) Definitions in other articles of this title applying to

this article and the sections in which they appear are:

"Accept or "Acceptance" Section 3-409.

"Value" Sections 3-303 and 4-2ll.

(c) Article 1 of this title contains certain additional general

definitions and principles of construction and interpretation

applicable throughout this article.
Okla. Stat. tit. 12A, § 12A-4A-401 — OK Code / Title 12A / Section 12A-4A-401
Payment date
Status: in_force

PAYMENT DATE

"Payment date" of a payment order means the day on which the

amount of the order is payable to the beneficiary by the

beneficiary's bank. The payment date may be determined by

instruction of the sender but cannot be earlier than the day the

order is received by the beneficiary's bank and, unless otherwise

determined, is the day the order is received by the beneficiary's

bank.
Okla. Stat. tit. 12A, § 12A-15-117 — OK Code / Title 12A / Section 12A-15-117
Creation and retention of electronic records and conversion of written records by
Status: in_force

§12A-A-101. Short title — Uniform Commercial Code — Transitional

Provisions for Uniform Commercial Code Amendments (2022).

SHORT TITLE

This article, Sections 99 through 106 of this act, may be cited

as Uniform Commercial Code - Transitional Provisions for Uniform

Commercial Code Amendments (2022).conversion of written records by governmental agencies.

CREATION AND RETENTION OF ELECTRONIC RECORDS AND CONVERSION OF

WRITTEN RECORDS BY GOVERNMENTAL AGENCIES

Each governmental agency of this state, in cooperation with the

Archives and Records Commission, shall determine whether, and the

extent to which, it will create and retain electronic records and

convert written records to electronic records.
Okla. Stat. tit. 12, § 12-1510 — OK Code / Title 12 / Section 12-1510
Action on exceptions to report
Status: in_force

Any party may file exceptions to the report of the

commissioners, and the court may, for good cause, set aside such

report, and appoint other commissioners, or refer the matter back to

the same commissioners.

R.L. 1910, § 4949.
Okla. Stat. tit. 12, § 12-51 — OK Code / Title 12 / Section 12-51
Style of process
Status: in_force

The style of all process shall be "The State of Oklahoma." It

shall be under the seal of the court from whence the same shall

issue, shall be signed by the clerk, and dated the day it is issued.

R.L. 1910, § 5319.
Okla. Stat. tit. 12, § 12-1272.1 — OK Code / Title 12 / Section 12-1272.1
Renumbered as § 103 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.