Okla. Stat. tit. 12A, § 12A-1-9-336 — OK Code / Title 12A / Section 12A-1-9-336
Commingled goods
Status: in_force

COMMINGLED GOODS

(a) In this section, “commingled goods” means goods that are

physically united with other goods in such a manner that their

identity is lost in a product or mass.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 94

(b) A security interest does not exist in commingled goods as

such. However, a security interest may attach to a product or mass

that results when goods become commingled goods.

(c) If collateral becomes commingled goods, a security interest

attaches to the product or mass.

(d) If a security interest in collateral is perfected before

the collateral becomes commingled goods, the security interest that

attaches to the product or mass under subsection (c) of this section

is perfected.

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

section, the other provisions of this part determine the priority of

a security interest that attaches to the product or mass under

subsection (c) of this section.

(f) If more than one security interest attaches to the product

or mass under subsection (c) of this section, the following rules

determine priority:

(1) A security interest that is perfected under subsection (d)

of this section has priority over a security interest that is

unperfected at the time the collateral becomes commingled goods.

(2) If more than one security interest is perfected under

subsection (d) of this section, the security interests rank equally

in proportion to value of the collateral at the time it became

commingled goods.
Okla. Stat. tit. 12, § 12-62 — OK Code / Title 12 / Section 12-62
Qualifications of surety
Status: in_force

The surety in every undertaking provided for by this Code or

other statutes unless a surety company, must be a resident of this

state and worth double the sum to be secured, over and above all

exemptions, debts and liabilities. Where there are two or more

sureties in the same undertaking they must in the aggregate have the

qualifications prescribed in this section.

R.L. 1910, § 5343.
Okla. Stat. tit. 12, § 12-1282 — OK Code / Title 12 / Section 12-1282
Renumbered as § 127 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-2705 — OK Code / Title 12 / Section 12-2705
Disclosure of facts or data underlying expert opinion
Status: in_force

An expert may testify in terms of opinion or inference and give

reasons therefor without previous disclosure of the underlying facts

or data, unless the court requires otherwise. The expert may in any

event be required to disclose the underlying facts or data on cross-

examination.
Okla. Stat. tit. 12, § 12-756 — OK Code / Title 12 / Section 12-756
Redelivery to defendant, when - Undertaking
Status: in_force

In all cases where a sheriff or other officer shall, by virtue

of an execution, levy upon any goods and chattels which shall remain

upon his hands unsold, for want of bidders, for the want of time to

advertise and sell, or any other reasonable cause, the officer may,

for his own security, take of the defendant an undertaking, with

security, in such sum as he may deem sufficient, to the effect that

the said property shall be delivered to the officer holding an

execution for the sale of the same, at the time and place appointed

Oklahoma Statutes - Title 12. Civil Procedure Page 148

by said officer, either by notice, given in writing, to said

defendant in execution, or by advertisement published in a newspaper

printed in the county, naming therein the day and place of sale. If

the defendant shall fail to deliver the goods and chattels at the

time and place mentioned in the notice to him, given, or to pay to

the officer holding the execution the full value of said goods and

chattels, or the amount of said debt and costs, the undertaking,

given as aforesaid, may be proceeded on as in other cases.

R.L. 1910, § 5158.
Okla. Stat. tit. 12A, § 12A-2A-202 — OK Code / Title 12A / Section 12A-2A-202
Final expression; parol or extrinsic evidence
Status: in_force

FINAL EXPRESSION; PAROL OR EXTRINSIC EVIDENCE

Terms with respect to which the confirmatory memoranda of the

parties agree or which are otherwise set forth in a record intended

by the parties as a final expression of their agreement with respect

to such terms as are included therein may not be contradicted by

evidence of any prior agreement or of a contemporaneous oral

agreement but may be explained or supplemented:

(a) by course of dealing or usage of trade or by

course of performance; and

(b) by evidence of consistent additional terms

unless the court finds the record to have been intended also as a

complete and exclusive statement of the terms of the agreement.
Okla. Stat. tit. 12, § 12-31.1 — OK Code / Title 12 / Section 12-31.1
Removal of records or files from office of court clerk
Status: in_force

Only officers of the court or persons, firms or corporations

holding a certificate of authority pursuant to the Oklahoma

Abstractors Law, Section 227.10 et seq. of Title 74 of the Oklahoma

Statutes and other authorized court personnel may remove records or

case files from the office of the court clerk for a period not to

exceed twenty-four (24) hours. Rules for the removal of records or

case files shall be promulgated by the district court having

jurisdiction over the county in which such records or case files are

situated.
Okla. Stat. tit. 12A, § 12A-11-106 — OK Code / Title 12A / Section 12A-11-106
Transition Provisions as to Priorities
Status: in_force

Transition Provisions as to Priorities. - Except as otherwise

provided in this article, the U.C.C. prior to this act shall apply

to any questions of priority if the positions of the parties were

fixed prior to the effective date of this act. In other cases

questions of priority shall be determined by this act.
Okla. Stat. tit. 12, § 12-760 — OK Code / Title 12 / Section 12-760
Waiver of appraisement - Order of sale not to issue until
Status: in_force

six months after judgment.

If the words "appraisement waived" or other words of similar

import, shall be inserted in any deed, mortgages, bonds, notes, bill

or written contract, any court rendering judgment thereon, shall

order as a part of the judgment that the same, and any process

issued thereon, shall be enforced, and that lands and tenements may

be sold thereunder without appraisement; and such judgment, and any

process issued thereon shall be enforced, and sales of land and

tenements made thereunder, without any appraisement or valuation

being made of the property, to be sold: Provided, that no order of

sale or execution shall be issued upon such judgment until the

Oklahoma Statutes - Title 12. Civil Procedure Page 151

expiration of six (6) months from the time of the rendition of the

initial judgment.

R.L. 1910, § 5162. Amended by Laws 2017, c. 201, § 1, eff. Nov. 1,

2017.
Okla. Stat. tit. 12A, § 12A-2-612 — OK Code / Title 12A / Section 12A-2-612
"Installment Contract"; Breach
Status: in_force

(1) An "installment contract" is one which requires or

authorizes the delivery of goods in separate lots to be separately

accepted, even though the contract contains a clause "each delivery

is a separate contract" or its equivalent.

(2) The buyer may reject any installment which is nonconforming

if the nonconformity substantially impairs the value of that

installment and cannot be cured or if the nonconformity is a defect

in the required documents; but if the nonconformity does not fall

within subsection (3) and the seller gives adequate assurance of its

cure the buyer must accept that installment.

(3) Whenever nonconformity or default with respect to one or

more installments substantially impairs the value of the whole

contract there is a breach of the whole. But the aggrieved party

reinstates the contract if he accepts a nonconforming installment

without seasonably notifying of cancellation or if he brings an

action with respect only to past installments or demands performance

as to future installments.
Okla. Stat. tit. 12, § 12-1864 — OK Code / Title 12 / Section 12-1864
Multiple arbitrators
Status: in_force

If there is more than one arbitrator, the powers of an

arbitrator must be exercised by a majority of the arbitrators, but

all of them shall conduct the hearing under subsection C of Section

16 of this act.
Okla. Stat. tit. 12, § 12-3301 — OK Code / Title 12 / Section 12-3301
Short title — Uniform Collaborative Law Act
Status: in_force

SHORT TITLE.

This act shall be known and may be cited as the Uniform

Collaborative Law Act.
Okla. Stat. tit. 12, § 12-720 — OK Code / Title 12 / Section 12-720
Definition
Status: in_force

In this act "foreign judgment" means any judgment, decree, or

order of a court of the United States or of any other court which is

entitled to full faith and credit in this state.
Okla. Stat. tit. 12, § 12-395 — OK Code / Title 12 / Section 12-395
Discharge when imprisonment illegal
Status: in_force

A witness so imprisoned by an officer before whom his deposition

is being taken, may apply to a judge of a court of record, who shall

have power to discharge him, if it appears that his imprisonment is

illegal.

R.L. 1910, § 5060.
Okla. Stat. tit. 12, § 12-1195 — OK Code / Title 12 / Section 12-1195
Garnishment bond not required when state is plaintiff
Status: in_force

That in all actions in which the State of Oklahoma is party

plaintiff, no garnishment bond shall be required of the plaintiff,

but that garnishment writ shall issue upon the filing of proper

affidavits, as provided by law.
Okla. Stat. tit. 12A, § 12A-4A-104 — OK Code / Title 12A / Section 12A-4A-104
Funds transfer - Definitions
Status: in_force

FUNDS TRANSFER - DEFINITIONS

In this Article:

(a) "Funds transfer" means the series of transactions,

beginning with the originator's payment order, made for the purpose

of making payment to the beneficiary of the order. The term

includes any payment order issued by the originator's bank or an

intermediary bank intended to carry out the originator's payment

order. A fund transfer is completed by acceptance by the

beneficiary's bank of a payment order for the benefit of the

beneficiary of the originator's payment order.

(b) "Intermediary bank" means a receiving bank other than the

originator's bank or the beneficiary's bank.

(c) "Originator" means the sender of the first payment order in

a funds transfer.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 355

(d) "Originator's bank" means (i) the receiving bank to which

the payment order of the originator is issued if the originator is

not a bank, or (ii) the originator if the originator is a bank.
Okla. Stat. tit. 12, § 12-990.2 — OK Code / Title 12 / Section 12-990.2
Time for appeal - Effect of post-trial motions
Status: in_force

A. Post-Trial Motions Filed Within Ten (10) Days. When a post-

trial motion for a new trial, for judgment notwithstanding the

verdict, or to correct, open, modify, vacate or reconsider a

judgment, decree or final order, other than a motion only involving

costs or attorney fees, is filed within ten (10) days after the

judgment, decree or final order is filed with the court clerk, an

appeal shall not be commenced until an order disposing of the motion

is filed with the court clerk. The unsuccessful party may then

appeal from the order disposing of the motion within thirty (30)

days after the date such order was filed. If the decision on the

motion was against the moving party, the moving party may appeal

from the judgment, decree or final order, from the ruling on the

motion, or from both, in one appeal, within thirty (30) days after

the filing of the order disposing of the motion. Successive appeals

from the original judgment, decree or final order and the order

disposing of the motion shall not be allowed.

B. Post-Trial Motions Filed After Ten (10) Days. The time to

appeal from a judgment, decree or final order is not extended or

affected by the filing of a motion to correct, open, modify, vacate

Oklahoma Statutes - Title 12. Civil Procedure Page 184

or reconsider the judgment, decree or final order that is filed more

than ten (10) days after the judgment, decree or final order is

filed with the clerk of the trial court, and an appeal that is

commenced before such a motion is filed is not premature. If the

motion is filed after a petition in error is filed, the moving party

shall advise the Supreme Court the motion was filed. If a petition

in error is filed after such a motion is filed, the appellant shall

advise the Supreme Court in the petition in error that the motion is

pending. When the trial court disposes of the motion where a

petition in error has been filed, the successful party shall advise

the Supreme Court of the action taken on the motion.

C. If the appellant did not prepare the judgment, decree, or

final order, and Section 696.2 of this title required a copy of the

judgment, decree, or final order to be mailed to the appellant, and

the court records do not reflect the mailing of a copy of the

judgment, decree, or final order to the appellant within three (3)

days, exclusive of weekends and holidays, after the filing of the

judgment, decree, or final order, all times referred to in this

section shall run from the earliest date on which the court records

show that a file-stamped copy of the judgment, decree, or final

order was mailed to the appealing party, rather than from the date

of filing.

D. Costs and Attorney Fees. The filing of a motion for costs

or attorney fees shall not extend or affect the time to appeal.
Okla. Stat. tit. 12A, § 12A-2A-204 — OK Code / Title 12A / Section 12A-2A-204
Formation in general
Status: in_force

FORMATION IN GENERAL

(1) A lease contract may be made in any manner sufficient to

show agreement, including conduct by both parties which recognizes

the existence of a lease contract.

(2) An agreement sufficient to constitute a lease contract may

be found although the moment of its making is undetermined.

(3) Although one or more terms are left open, a lease contract

does not fail for indefiniteness if the parties have intended to

make a lease contract and there is a reasonably certain basis for

giving an appropriate remedy.
Okla. Stat. tit. 12, § 12-1291 — OK Code / Title 12 / Section 12-1291
Renumbered as § 137 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-845 — OK Code / Title 12 / Section 12-845
Defendant must answer questions - Answers inadmissible in
Status: in_force

prosecution for fraud.

No person shall, on examination pursuant to this article, be

excused from answering any question on the ground that his

examination will tend to convict him of a fraud; but his answer

shall not be used as evidence against him in a prosecution for such

fraud.

R.L. 1910, § 5193.
Okla. Stat. tit. 12, § 12-1391 — OK Code / Title 12 / Section 12-1391
Additional security
Status: in_force

A party enjoined may, at any time before judgment, upon

reasonable notice to the party who has obtained the injunction, move

the court for additional security; and if it appear that the surety

in the undertaking has removed from the state, or is insufficient,

the court may vacate the injunction, unless, in a reasonable time,

sufficient security is given.

R.L. 1910, § 4876.
Okla. Stat. tit. 12A, § 12A-1-9-708 — OK Code / Title 12A / Section 12A-1-9-708
Persons entitled to file initial financing statement
Status: in_force

or continuation statement.

PERSONS ENTITLED TO FILE INITIAL

FINANCING STATEMENT OR CONTINUATION STATEMENT

A person may file an initial financing statement or a

continuation statement under this part if:

(1) the secured party of record authorizes the filing; and

(2) the filing is necessary under this part:

(A) to continue the effectiveness of a financing statement

filed before this act takes effect; or

(B) to perfect or continue the perfection of a security

interest.
Okla. Stat. tit. 12, § 12-1600.19 — OK Code / Title 12 / Section 12-1600.19
Renumbered as § 319 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12A, § 12A-1-9-516 — OK Code / Title 12A / Section 12A-1-9-516
What constitutes filing; effectiveness of filing
Status: in_force

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 117

WHAT CONSTITUTES FILING; EFFECTIVENESS OF FILING

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

section, communication of a record to a filing office and tender of

the filing fee or acceptance of the record by the filing office

constitutes filing.

(b) Filing does not occur with respect to a record that a

filing office refuses to accept because:

(1) the record is not communicated by a method or medium of

communication authorized by the filing office;

(2) an amount equal to or greater than the applicable filing

fee is not tendered;

(3) the filing office is unable to index the record because:

(A) in the case of an initial financing statement, the

record does not provide a name for the debtor;

(B) in the case of an amendment or correction statement,

the record:

(i) does not identify the initial financing statement

as required by Section 1-9-512 or 1-9-518 of this

title, as applicable; or

(ii) identifies an initial financing statement whose

effectiveness has lapsed under Section 1-9-515 of

this title;

(C) in the case of an initial financing statement that

provides the name of a debtor identified as an

individual or an amendment that provides a name of a

debtor identified as an individual which was not

previously provided in the financing statement to

which the record relates, the record does not identify

the debtor's surname; or

(D) in the case of a record filed or recorded in the

filing office described in paragraph (1) of subsection

(a) of Section 1-9-501 of this title, the record does

not provide a sufficient description of the real

property to which it relates;

(4) in the case of an initial financing statement or an

amendment that adds a secured party of record, the record does not

provide a name and mailing address for the secured party of record;

(5) in the case of an initial financing statement or an

amendment that provides a name of a debtor which was not previously

provided in the financing statement to which the amendment relates,

the record does not:

(A) provide a mailing address for the debtor; or

(B) indicate whether the name provided as the name of the

debtor is the name of an individual or an

organization;

(6) in the case of an assignment reflected in an initial

financing statement under paragraph (a) of Section 1-9-514 of this

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 118

title or an amendment filed under subsection (b) of Section 1-9-514

of this title, the record does not provide a name and mailing

address for the assignee; or

(7) in the case of a continuation statement, the record is not

filed within the six-month period prescribed by subsection (d) of

Section 1-9-515 of this title.

(c) For purposes of subsection (b) of this section:

(1) a record does not provide information if the filing office

is unable to read or decipher the information; and

(2) a record that does not indicate that it is an amendment or

identify an initial financing statement to which it relates, as

required by Section 1-9-512, 1-9-514, or 1-9-518 of this title, is

an initial financing statement.

(d) A record that is communicated to the filing office with

tender of the filing fee, but which the filing office refuses to

accept for a reason other than one set forth in subsection (b) of

this section, is effective as a filed record except as against a

purchaser of the collateral which gives value in reasonable reliance

upon the absence of the record from the files.
Okla. Stat. tit. 12, § 12-1345 — OK Code / Title 12 / Section 12-1345
Notice to interested persons before discharge
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 274

When any person has an interest in the detention, the prisoner

shall not be discharged until the person having such interest is

notified.

R.L. 1910, § 4896.
Okla. Stat. tit. 12, § 12-2001 — OK Code / Title 12 / Section 12-2001
Scope of the Oklahoma Pleading Code
Status: in_force

SCOPE OF THE OKLAHOMA PLEADING CODE

The Oklahoma Pleading Code governs the procedure in the district

courts of Oklahoma in all suits of a civil nature whether cognizable

as cases at law or in equity except where a statute specifies a

different procedure. It shall be construed to secure the just,

speedy, and inexpensive determination of every action. The

provisions of Sections 1 through 2027 of this title may be cited as

the "Oklahoma Pleading Code". Section captions are part of this

act.
Okla. Stat. tit. 12A, § 12A-7-105.1 — OK Code / Title 12A / Section 12A-7-105.1
Reissuance in alternative medium
Status: in_force

Reissuance in Alternative Medium.

(a) Upon request of a person entitled under an electronic

document of title, the issuer of the electronic document may issue a

tangible document of title as a substitute for the electronic

document if:

(1) the person entitled under the electronic document

surrenders control of the document to the issuer; and

(2) the tangible document when issued contains a statement that

it is issued in substitution for the electronic document.

(b) Upon issuance of a tangible document of title in

substitution for an electronic document of title in accordance with

subsection (a) of this section:

(1) the electronic document ceases to have any effect or

validity; and

(2) the person that procured issuance of the tangible document

warrants to all subsequent persons entitled under the tangible

document that the warrantor was a person entitled under the

electronic document when the warrantor surrendered control of the

electronic document to the issuer.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 398

(c) Upon request of a person entitled under a tangible document

of title, the issuer of the tangible document may issue an

electronic document of title as a substitute for the tangible

document if:

(1) the person entitled under the tangible document surrenders

possession of the document to the issuer; and

(2) the electronic document when issued contains a statement

that it is issued in substitution for the tangible document.

(d) Upon issuance of an electronic document of title in

substitution for a tangible document of title in accordance with

subsection (c) of this section:

(1) the tangible document ceases to have any effect or

validity; and

(2) the person that procured issuance of the electronic

document warrants to all subsequent persons entitled under the

electronic document that the warrantor was a person entitled under

the tangible document when the warrantor surrendered possession of

the tangible document to the issuer.
Okla. Stat. tit. 12, § 12-1600.16 — OK Code / Title 12 / Section 12-1600.16
Renumbered as § 316 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12, § 12-2609 — OK Code / Title 12 / Section 12-2609
Impeachment by evidence of conviction of crime
Status: in_force

A. For the purpose of attacking the credibility of a witness:

1. Evidence that a witness other than an accused has been

convicted of a crime shall be admitted, subject to Section 2403 of

this title, if the crime was punishable by death or imprisonment in

excess of one (1) year pursuant to the law under which the witness

was convicted, and evidence that an accused has been convicted of

such a crime shall be admitted if the court determines that the

probative value of admitting this evidence outweighs its prejudicial

effect to the accused; and

2. Evidence that any witness has been convicted of a crime

shall be admitted if it involved dishonesty or false statement,

regardless of the punishment.

Oklahoma Statutes - Title 12. Civil Procedure Page 467

B. Evidence of a conviction under this section is not

admissible if a period of more than ten (10) years has elapsed since

the date of the conviction or of the release of the witness from the

confinement imposed for that conviction, whichever is later, to the

date of the witness’s testimony, unless the court determines, in the

interests of justice, that the probative value of the conviction

supported by specific facts and circumstances substantially

outweighs its prejudicial effect. However, if the witness is a

defendant currently charged with a sexual offense involving a child,

testifying at a criminal proceeding regarding the current charge of

the defendant and has a prior conviction for a sexual offense

involving a child, the conviction of the prior sexual offense

involving a child is admissible for the purpose of impeachment of

the defendant regardless of the age of the prior conviction.

Evidence of a conviction more than ten (10) years old, as calculated

herein, is not admissible unless the proponent gives to the adverse

party sufficient advance written notice of intent to use such

evidence to provide the adverse party with a fair opportunity to

contest the use of such evidence or unless, during the ten-year

period, the witness has been convicted of a subsequent crime which

is a misdemeanor involving moral turpitude or a felony.

C. Evidence of a conviction is not admissible under this Code

if:

1. The conviction has been the subject of a pardon, annulment,

certificate of rehabilitation or other equivalent procedure based on

a finding of the rehabilitation of the person convicted, and that

person has not been convicted of a subsequent crime which was

punishable by death or imprisonment in excess of one (1) year; or

2. The conviction has been the subject of a pardon, annulment

or other equivalent procedure based on a finding of innocence.

D. Evidence of juvenile adjudications is not admissible under

this Code. The court in a criminal case may, however, allow

evidence of a juvenile adjudication of a witness other than the

accused if conviction of the offense would be admissible to attack

the credibility of an adult and the court is satisfied that

admission in evidence is necessary for a fair determination of the

issue of guilt or innocence.

E. The pendency of an appeal from the conviction does not

render evidence of that conviction inadmissible. Evidence of the

pendency of an appeal is admissible.
Okla. Stat. tit. 12, § 12-416 — OK Code / Title 12 / Section 12-416
Prosecution
Status: in_force

Whenever a witness summoned as mentioned in Section 4 of this

act fails to testify, and the facts are reported to either house,

the President of the Senate or Speaker of the House, as the case may

be, shall certify the fact under the seal of the Senate or House to

the Attorney General and district attorney of the county where the

witness failed to appear, whose duty it shall be to bring the matter

in the proper court by information or indictment for prosecution.
Okla. Stat. tit. 12, § 12-758 — OK Code / Title 12 / Section 12-758
Further levy when property taken insufficient
Status: in_force

When any writ shall issue, directing the sale of property

previously taken in execution, the officer issuing said writ shall,

at the request of the person entitled to the benefit thereof, his

agent or attorney, add thereto a command to the officer to whom such

writ shall be directed, that if the property remaining in his hands

not sold shall, in his opinion, be insufficient to satisfy the

judgment, he shall levy the same upon lands and tenements, goods and

chattels, or either, as the law shall permit, being the property of

the judgment debtor, sufficient to satisfy the debt.

R.L. 1910, § 5160.
Okla. Stat. tit. 12A, § 12A-1-9-340 — OK Code / Title 12A / Section 12A-1-9-340
Effectiveness of right of recoupment or set-off
Status: in_force

against deposit account.

EFFECTIVENESS OF RIGHT OF RECOUPMENT OR

SET-OFF AGAINST DEPOSIT ACCOUNT

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

section, a bank with which a deposit account is maintained may

exercise any right of recoupment or set-off against a secured party

that holds a security interest in the deposit account.

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

section, the application of this article to a security interest in a

deposit account does not affect a right of recoupment or set-off of

the secured party as to a deposit account maintained with the

secured party.

(c) The exercise by a bank of a set-off against a deposit

account is ineffective against a secured party that holds a security

interest in the deposit account which is perfected by control under

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 96

paragraph (3) of subsection (a) of Section 1-9-104 of this title, if

the set-off is based on a claim against the debtor.
Okla. Stat. tit. 12A, § 12A-1-9-320.4 — OK Code / Title 12A / Section 12A-1-9-320.4
Protection of buyers of farm products, commission
Status: in_force

merchants and selling agents.

PROTECTION OF BUYERS OF FARM PRODUCTS,

COMMISSION MERCHANTS AND SELLING AGENTS

A buyer of farm products, commission merchant, or selling agent

who purchases or sells farm products in the ordinary course of

business from or for a person engaged in farming operations takes

subject to a security interest in the farm products if:

(a) (i) the buyer of the farm products, commission merchant,

or selling agent has failed to register with the

Oklahoma County Clerk prior to the purchase of the

farm products and the secured party has filed an

effective financing statement that covers the farm

products being sold; or

(ii) the buyer of farm products, commission merchant or

selling agent receives from the Oklahoma County Clerk

written notice as provided in paragraph (d) or (f) of

subsection (4) of Section 1-9-320.6 of this title, and

the buyer of farm products, commission merchant or

selling agent does not secure a waiver or release of

the security interest specified in an effective

financing statement from the secured party by

performing any payment obligation or otherwise; or

(b) the secured party or the seller provides written notice of

the security interest pursuant to the provisions of Section

1-9-320.7 of this title.
Okla. Stat. tit. 12, § 12-1838 — OK Code / Title 12 / Section 12-1838
Program certification – Intent of provision
Status: in_force

Any entity, including the Administrative Office of the Courts,

“certifying” mediators for its program shall make clear in all

communications regarding the “certification” that the mediator is

“certified” for that program only. Any mediator certified under the

Dispute Resolution Act or qualified under the District Court

Mediation Act shall be considered “certified” for purposes of any

federal programs that require the use of “certified mediators” or

“certified programs”. The intent of this provision is to avoid the

misconception that there is one certifying body for mediators in

Oklahoma and to permit agencies to utilize available state and

federal funds for operation of mediation programs and, where

appropriate, for the compensation of mediators.
Okla. Stat. tit. 12A, § 12A-1-9-313 — OK Code / Title 12A / Section 12A-1-9-313
When possession by or delivery to secured party
Status: in_force

perfects security interest without filing.

WHEN POSSESSION BY OR DELIVERY TO SECURED PARTY

PERFECTS SECURITY INTEREST WITHOUT FILING

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

section, a secured party may perfect a security interest in goods,

instruments, negotiable tangible documents, or money by taking

possession of the collateral. A secured party may perfect a

security interest in certificated securities by taking delivery of

the certificated securities under Section 8-301 of this title.

(b) With respect to goods covered by a certificate of title

issued by this state, a secured party may perfect a security

interest in the goods by taking possession of the goods only in the

circumstances described in subsection (d) of Section 1-9-316 of this

title.

(c) With respect to collateral other than certificated

securities and goods covered by a document, a secured party takes

possession of collateral in the possession of a person other than

the debtor, the secured party, or a lessee of the collateral from

the debtor in the ordinary course of the debtor's business, when:

(1) the person in possession signs a record acknowledging that

it holds possession of the collateral for the secured party's

benefit; or

(2) the person takes possession of the collateral after having

signed a record acknowledging that it will hold possession of

collateral for the secured party's benefit.

(d) If perfection of a security interest depends upon

possession of the collateral by a secured party, perfection occurs

not earlier than the time the secured party takes possession and

continues only while the secured party retains possession.

(e) A security interest in a certificated security in

registered form is perfected by delivery when delivery of the

certificated security occurs under Section 8-301 of this title and

remains perfected by delivery until the debtor obtains possession of

the security certificate.

(f) A person in possession of collateral is not required to

acknowledge that it holds possession for a secured party's benefit.

(g) If a person acknowledges that it holds possession for the

secured party's benefit:

(1) the acknowledgment is effective under subsection (c) of

this section or subsection (a) of Section 8-301 of this title, even

if the acknowledgment violates the rights of a debtor; and

(2) unless the person otherwise agrees or law other than this

article otherwise provides, the person does not owe any duty to the

secured party and is not required to confirm the acknowledgment to

another person.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 64

(h) A secured party having possession of collateral does not

relinquish possession by delivering the collateral to a person other

than the debtor or a lessee of the collateral from the debtor in the

ordinary course of the debtor's business if the person was

instructed before the delivery or is instructed contemporaneously

with the delivery:

(1) to hold possession of the collateral for the secured

party's benefit; or

(2) to redeliver the collateral to the secured party.

(i) A secured party does not relinquish possession, even if a

delivery under subsection (h) of this section violates the rights of

a debtor. A person to which collateral is delivered under

subsection (h) of this section does not owe any duty to the secured

party and is not required to confirm the delivery to another person

unless the person otherwise agrees or law other than this article

otherwise provides.
Okla. Stat. tit. 12, § 12-852 — OK Code / Title 12 / Section 12-852
Receiver may be appointed - Forbidding transfer of
Status: in_force

property.

The judge may also, by order, appoint the sheriff of the proper

county, or other suitable person, a receiver of the property of the

judgment debtor, in the same manner and with like authority as if

the appointment was made by the court. The judge may also, by

order, forbid a transfer or other disposition of the property of the

judgment debtor, not exempt by law, and any interference therewith.

R.L. 1910, § 5200.
Okla. Stat. tit. 12A, § 12A-4A-551 — OK Code / Title 12A / Section 12A-4A-551
Validity of prior transactions
Status: repealed

Transactions validly entered into before the effective date of

this act and the rights, duties and interests flowing from them

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 381

remain valid thereafter and may be terminated, completed,

consummated or enforced as required or permitted by any statute or

other law amended or repealed by this act as though such repeal or

amendment has not occurred.
Okla. Stat. tit. 12, § 12-1103 — OK Code / Title 12 / Section 12-1103
Submission of controversy without suit
Status: in_force

Parties to a question, which might be the subject of a civil

action, may, without action, agree upon a case containing the facts

upon which the controversy depends, and present a submission of the

same to any court, which would have jurisdiction if an action had

been brought. But it must appear, by affidavit, that the

controversy is real, and the proceedings in good faith to determine

the rights of the parties. The court shall thereupon hear and

determine the case, and render judgment as if an action were

pending.

R.L. 1910, § 5303.
Okla. Stat. tit. 12, § 12-1538 — OK Code / Title 12 / Section 12-1538
Costs, in case of corporations - Scope of relief -
Status: in_force

Receiver.

Oklahoma Statutes - Title 12. Civil Procedure Page 310

If judgment be rendered against any corporation, or against any

persons claiming to be a corporation, the court may cause the costs

to be collected by execution against the persons claiming to be a

corporation, or by attachment against the directors or other

officers of the corporation, and may restrain any disposition of the

effects of the corporation, appoint a receiver of its property and

effects, take an account, and make a distribution thereof among the

creditors and persons entitled.

R.L. 1910, § 4926.
Okla. Stat. tit. 12, § 12-1147.1 — OK Code / Title 12 / Section 12-1147.1
Determination of rights of living persons and persons
Status: in_force

not in being - Direction for sale and holding proceeds in trust.

Oklahoma Statutes - Title 12. Civil Procedure Page 221

If it shall appear in any suit or proceeding in a district court

involving real estate that any person or persons not in being are or

may become entitled to, or may upon coming into being claim to be

entitled to, any future interest in such real estate, legal or

equitable, and if it further appears to be expedient or for the best

interests of all concerned, the court may by order determine the

rights of all living persons in such real estate and the

circumstances under which persons not then in being may claim an

interest therein in the future and determine the nature and extent

of any such interest or claim and may direct the sale of the full

title to the real estate in which such future interest may be

claimed, and direct that the proceeds of the sale shall be held as a

trust in lieu of the real estate so sold to be administered as

hereinafter provided.
Okla. Stat. tit. 12, § 12-1803.1 — OK Code / Title 12 / Section 12-1803.1
Dispute Resolution Advisory Board
Status: in_force

There is hereby created a Dispute Resolution Advisory Board

which shall consist of no more than fifteen (15) members appointed

by the Supreme Court of the State of Oklahoma. The Advisory Board

shall be composed of persons from state and local governments,

business organizations, the academic community, the law enforcement

field, the legal profession, the judiciary, the field of corrections

which shall be represented by the Director of the Oklahoma

Department of Corrections or his designee, retired citizen

organizations, the district attorney profession, consumer

organizations, social service agencies, and three (3) members at

large. The term of office of each member shall be for one (1) year

and end on June 30 of each year, but all members shall hold office

until their successors are appointed and qualified. The

Administrative Director of the Courts or his designee shall serve as

a nonvoting, ex officio member of the Advisory Board.

The members of the Advisory Board shall receive no compensation

for their services, but shall be entitled to any reimbursements to

which they may otherwise be entitled from sources other than the

Office of the Administrative Director of the Courts.
Okla. Stat. tit. 12, § 12-1856 — OK Code / Title 12 / Section 12-1856
Application
Status: in_force

A. Except as otherwise provided in Section 28 of this act, an

application for judicial relief under the Uniform Arbitration Act

must be made by application and motion to the court and heard in the

manner provided by law or rule of court for making and hearing

motions.

B. Unless a civil action involving the agreement to arbitrate

is pending, notice of an initial application and motion to the court

under the Uniform Arbitration Act must be served in the manner

provided by law for the service of a summons in the filing of a

civil action. Otherwise, notice of the motion must be given in the

manner provided by law or rule of court for serving motions in

pending cases.
Okla. Stat. tit. 12, § 12-2903 — OK Code / Title 12 / Section 12-2903
Subscribing witness' testimony unnecessary
Status: in_force

The testimony of a subscribing witness is not necessary to

authenticate a record unless required by the laws of the

jurisdiction governing the validity of the record.
Okla. Stat. tit. 12, § 12-718.10 — OK Code / Title 12 / Section 12-718.10
Uniformity of interpretation
Status: in_force

In applying and construing the Uniform Foreign-Country Money

Judgments Recognition Act, consideration must 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. 12, § 12-1442 — OK Code / Title 12 / Section 12-1442
Slander defined
Status: in_force

Slander is a false and unprivileged publication, other than

libel, which:

1. Charges any person with crime, or with having been indicted,

convicted or punished for crime.

2. Imputes in him the present existence of an infectious,

contagious or loathsome disease.

3. Tends directly to injure him in respect to his office,

profession, trade or business, either by imputing to him general

disqualification in those respects which the office or other

occupation peculiarly requires, or by imputing something with

reference to his office, profession, trade or business that has a

natural tendency to lessen its profit.

4. Imputes to him impotence or want of chastity; or,

5. Which, by natural consequences, causes actual damage.

R.L. 1910, § 4957.

Oklahoma Statutes - Title 12. Civil Procedure Page 288
Okla. Stat. tit. 12A, § 12A-8-104 — OK Code / Title 12A / Section 12A-8-104
Acquisition of Security on Financial Asset or Interest
Status: in_force

Therein.

Acquisition of Security on Financial Asset or Interest Therein.

(a) A person acquires a security or an interest therein, under

this article, if:

(1) the person is a purchaser to whom a security is

delivered pursuant to Section 8-301 of this title; or

(2) the person acquires a security entitlement to the

security pursuant to Section 8-501 of this title.

(b) A person acquires a financial asset, other than a security,

or an interest therein, under this article, if the person acquires a

security entitlement to the financial asset.

(c) A person who acquires a security entitlement to a security

or other financial asset has the rights specified in Part 5 of this

code, but is a purchaser of any security, security entitlement, or

other financial asset held by the securities intermediary only to

the extent provided in Section 8-503 of this title.

(d) Unless the context shows that a different meaning is

intended, a person who is required by other law, regulation, rule,

or agreement to transfer, deliver, present, surrender, exchange, or

otherwise put in the possession of another person a security or

financial asset satisfied that requirement by causing the other

person to acquire an interest in the security or financial asset

pursuant to subsection (a) or (b) of this section.
Okla. Stat. tit. 12, § 12-1142 — OK Code / Title 12 / Section 12-1142
Actions to recover real property
Status: in_force

In actions for the recovery of real property, it shall be

necessary for the plaintiff to set forth in detail the facts relied

upon to establish his claim, and to attach to his petition copies of

all deeds or other evidences of title, as in actions upon written

contracts; and he must establish the allegations of his petition,

whether answer be filed or not.

R.L. 1910, § 4928.
Okla. Stat. tit. 12A, § 12A-2-720 — OK Code / Title 12A / Section 12A-2-720
Effect of "Cancellation" or "Rescission" on Claims for
Status: in_force

Antecedent Breach.

Unless the contrary intention clearly appears, expressions of

"cancellation" or "rescission" of the contract or the like shall not

be construed as a renunciation or discharge of any claim in damages

for an antecedent breach.
Okla. Stat. tit. 12, § 12-617 — OK Code / Title 12 / Section 12-617
Reference in vacation
Status: in_force

A judge, in vacation, upon the written consent of the parties,

may make an order of reference which the court of which he is a

member could make in term time. In such case, the order of

reference shall be made on the written agreement of the parties to

refer, and shall be filed with the clerk of the court, with the

other papers in the case.

R.L. 1910, § 5023.
Okla. Stat. tit. 12A, § 12A-1-9-618 — OK Code / Title 12A / Section 12A-1-9-618
Rights and duties of certain secondary obligors
Status: in_force

RIGHTS AND DUTIES OF CERTAIN SECONDARY OBLIGORS

(a) A secondary obligor acquires the rights and becomes

obligated to perform the duties of the secured party after the

secondary obligor:

(1) receives an assignment of a secured obligation from the

secured party;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 152

(2) receives a transfer of collateral from the secured party

and agrees to accept the rights and assume the duties of the secured

party; or

(3) is subrogated to the rights of a secured party with respect

to collateral.

(b) An assignment, transfer, or subrogation described in

subsection (a) of this section:

(1) is not a disposition of collateral under Section 1-9-610 of

this title; and

(2) relieves the secured party of further duties under this

article.
Okla. Stat. tit. 12, § 12-1286 — OK Code / Title 12 / Section 12-1286
Renumbered as § 131 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-1600.28 — OK Code / Title 12 / Section 12-1600.28
Renumbered as § 332 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12A, § 12A-15-116 — OK Code / Title 12A / Section 12A-15-116
Transferable records
Status: in_force

TRANSFERABLE RECORDS

(a) In this section, “transferable record” means an electronic

record that:

(1) would be a note under Article 3 of the Uniform Commercial

Code or a document under Article 7 of the Uniform Commercial Code if

the electronic record were in writing; and

(2) the issuer of the electronic record expressly has agreed is

a transferable record.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 479

(b) A person has control of a transferable record if a system

employed for evidencing the transfer of interests in the

transferable record reliably establishes that person as the person

to which the transferable record was issued or transferred.

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

person is deemed to have control of a transferable record, if the

transferable record is created, stored, and assigned in such a

manner that:

(1) a single authoritative copy of the transferable record

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 transferable record was issued, or

(B) if the authoritative copy indicates that the transferable

record has been transferred, the person to which the transferable

record 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 revisions that add or change an identified

assignee 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

(6) any revision of the authoritative copy is readily

identifiable as authorized or unauthorized.

(d) Except as otherwise agreed, a person having control of a

transferable record is the holder, as defined in paragraph 20 of

Section 1-201 of the Uniform Commercial Code, of the transferable

record and has the same rights and defenses as a holder of an

equivalent record or writing under the Uniform Commercial Code,

including, if the applicable statutory requirements under subsection

(a) of Section 3-302, Section 7-501, or Section 9-308 of the Uniform

Commercial Code are satisfied, the rights and defenses of a holder

in due course, a holder to which a negotiable document of title has

been duly negotiated, or a purchaser, respectively. Delivery,

possession, and endorsement are not required to obtain or exercise

any of the rights under this subsection.

(e) Except as otherwise agreed, an obligor under a transferable

record has the same rights and defenses as an equivalent obligor

under equivalent records or writings under the Uniform Commercial

Code.

(f) If requested by a person against which enforcement is

sought, the person seeking to enforce the transferable record shall

provide reasonable proof that the person is in control of the

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 480

transferable record. Proof may include access to the authoritative

copy of the transferable record and related business records

sufficient to review the terms of the transferable record and to

establish the identity of the person having control of the

transferable record.
Okla. Stat. tit. 12, § 12-729.8 — OK Code / Title 12 / Section 12-729.8
Judgment or award on foreign-money claim
Status: in_force

A. Except as provided in subsection C of this section, a

judgment or award on a foreign-money claim must be stated in an

amount of the money of the claim.

B. A judgment or award on a foreign-money claim is payable in

that foreign money or, at the option of the debtor, in the amount of

United States dollars which will purchase that foreign money on the

conversion date at a bank-offered spot rate.

C. Assessed costs must be entered in United States dollars.

D. Each payment in United States dollars must be accepted and

credited on a judgment or award on a foreign-money claim in the

amount of the foreign money that could be purchased by the dollars

at a bank-offered spot rate of exchange at or near the close of

business on the conversion date for that payment.

E. A judgment or award made in an action or distribution

proceeding on both:

1. A defense, set-off, recoupment or counterclaim; and

2. The adverse party's claim,

must be netted by converting the money of the smaller into the money

of the larger, and by subtracting the smaller from the larger, and

specify the rates of exchange used.

F. A judgment substantially in the following form complies with

subsection A of this section:

Oklahoma Statutes - Title 12. Civil Procedure Page 142

IT IS ADJUDGED AND ORDERED, that Defendant (insert name) pay to

Plaintiff (insert name) the sum of (insert amount in the foreign

money) plus interest on that sum at the rate of (insert rate - see

Section 10 of this act) percent a year or, at the option of the

judgment debtor, the number of United States dollars which will

purchase the (insert name of foreign money) with interest due, at a

bank-offered spot rate at or near the close of business on the

banking day next before the day of payment, together with assessed

costs of (insert amount) United States dollars.

G. If a contract claim is of the type covered by subsection A

or B of Section 6 of this act, the judgment or award must be entered

for the amount of money stated to measure the obligation to be paid

in the money specified for payment or, at the option of the debtor,

the number of United States dollars which will purchase the computed

amount of the money of payment on the conversion date at a bank-

offered spot rate.

H. In order to create a lien, a judgment in foreign money must

be filed and indexed in the same manner as other judgments. It may

be discharged in the same manner as other judgments.
Okla. Stat. tit. 12, § 12-729.5 — OK Code / Title 12 / Section 12-729.5
Determining proper money of claim
Status: in_force

A. The money in which the parties to a transaction have agreed

that payment is to be made is the proper money of the claim for

payment.

B. If the parties to a transaction have not otherwise agreed,

the proper money of the claim, as in each case may be appropriate,

is the money:

1. Regularly used between the parties as a matter of usage or

course of dealing;

2. Used at the time of a transaction in international trade, by

trade usage or common practice, for valuing or settling transactions

in the particular commodity or service involved; or

3. In which the loss was ultimately felt or will be incurred by

the party claimant.
Okla. Stat. tit. 12, § 12-684.1 — OK Code / Title 12 / Section 12-684.1
Action brought pursuant to Affordable Access to Health
Status: in_force

Care Act – Dismissal without order of court.

A. A medical liability action brought pursuant to the

Affordable Access to Health Care Act shall only be dismissed, on the

payment of costs and without an order of court:

1. By the plaintiff, before the later of the completion of

discovery or the court’s ruling on a motion for summary judgment;

2. By the plaintiff at any time before a petition for

intervention or answer praying for affirmative relief against the

plaintiff is filed in the action. The plaintiff may, at any time

before the trial is commenced, on payment of the costs and without

any order of the court, dismiss the action after the filing of a

petition for intervention or answer praying for affirmative relief,

but such dismissal shall not prejudice the right of the intervenor

or defendant to proceed with the action. Any defendant or

intervenor may, in like manner, dismiss an action against the

plaintiff, without an order of the court, at any time before the

trial has begun, on payment of costs made on the claim filed by the

defendant or intervenor; or

3. By agreement of all parties to a civil action at any time

before trial.

B. Such dismissal shall be in writing and signed by the party

or the attorney for the party, and shall be filed with the clerk of

the district court where the action is pending, who shall note the

fact on the proper record. Provided, such dismissal shall be held

Oklahoma Statutes - Title 12. Civil Procedure Page 110

to be without prejudice, unless the words "with prejudice" be

expressed therein.

C. If the court finds that a party has acted in bad faith,

vexatiously, wantonly or in an oppressive manner in dismissing an

action under this section, the court, pursuant to subsection A of

this section, may award reasonable costs against the party and

condition the refiling of the case upon payment of the costs.
Okla. Stat. tit. 12A, § 12A-2-503 — OK Code / Title 12A / Section 12A-2-503
Manner of seller's tender of delivery
Status: in_force

Manner of Seller's Tender of Delivery.

(1) Tender of delivery requires that the seller put and hold

conforming goods at the buyer's disposition and give the buyer any

notification reasonably necessary to enable him to take delivery.

The manner, time and place for tender are determined by the

agreement and this article, and in particular:

(a) tender must be at a reasonable hour, and if it is of goods

they must be kept available for the period reasonably necessary to

enable the buyer to take possession; but

(b) unless otherwise agreed the buyer must furnish facilities

reasonably suited to the receipt of the goods.

(2) Where the case is within the next section respecting

shipment tender requires that the seller comply with its provisions.

(3) Where the seller is required to deliver at a particular

destination tender requires that he comply with subsection (1) and

also in any appropriate case tender documents as described in

subsections (4) and (5) of this section.

(4) Where goods are in the possession of a bailee and are to be

delivered without being moved.

(a) tender requires that the seller either tender a negotiable

document of title covering such goods or procure acknowledgment by

the bailee of the buyer's right to possession of the goods; but

(b) tender to the buyer of a nonnegotiable document of title or

of a written direction to the bailee to deliver is sufficient tender

unless the buyer seasonably objects, and receipt by the bailee of

notification of the buyer's rights fixes those rights as against the

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 210

bailee and all third persons; but risk of loss of the goods and of

any failure by the bailee to honor the nonnegotiable document of

title or to obey the direction remains on the seller until the buyer

has had a reasonable time to present the document or direction, and

a refusal by the bailee to honor the document or to obey the

direction defeats the tender.

(5) Where the contract requires the seller to deliver documents

(a) he must tender all such documents in correct form, except

as provided in this article with respect to bills of lading in a set

(subsection (2) of Section 2-323); and

(b) tender through customary banking channels is sufficient and

dishonor of a draft accompanying or associated with the documents

constitutes nonacceptance or rejection.
Okla. Stat. tit. 12, § 12-3242 — OK Code / Title 12 / Section 12-3242
Discharge and release from liability
Status: in_force

Following a transfer of structured settlement payment rights

under the Structured Settlement Protection Act of 2001:

1. The structured settlement obligor and the annuity issuer

shall, as to all parties except the transferee, be discharged and

released from any and all liability for the transferred payments;

2. The transferee shall be liable to the structured settlement

obligor and the annuity issuer:

a. if the transfer contravenes the terms of the

structured settlement, for any taxes incurred by such

parties as a consequence of the transfer, and

b. for any other liabilities or costs, including

reasonable costs and attorneys’ fees, arising from

compliance by the parties with the order of the court

or responsible administrative authority or arising as

a consequence of the transferee’s failure to comply

with this act;

3. Neither the annuity issuer nor the structured settlement

obligor may be required to divide any periodic payment between the

payee and any transferee or assignee or between two or more

transferees or assignees; and

4. Any further transfer of structured settlement payment rights

by the payee may be made only after compliance with all of the

requirements of the Structured Settlement Protection Act of 2001.
Okla. Stat. tit. 12, § 12-305.1 — OK Code / Title 12 / Section 12-305.1
Pleading recorded instruments affecting real estate
Status: in_force

From and after the passage of this act in all civil cases

whereby it is necessary to incorporate, in the pleadings, facts

concerning instruments of record affecting real estate, that such

incorporation may be made by reference to the date of such

instrument, and the book and page number where recorded in lieu of

affixing a copy of the same to such pleadings.
Okla. Stat. tit. 12, § 12-1337 — OK Code / Title 12 / Section 12-1337
Service when person not found or refuses admittance
Status: in_force

If the person to whom such writ is directed cannot be found, or

shall refuse admittance to the sheriff, the same may be served by

leaving it at the residence of the person to whom it is directed, or

by affixing the same on some conspicuous place, either of his

dwelling house or where the party is confined under restraint.

R.L. 1910, § 4888.
Okla. Stat. tit. 12, § 12-718.3 — OK Code / Title 12 / Section 12-718.3
Applicability
Status: in_force

A. Except as otherwise provided in subsection B of this

section, the Uniform Foreign-Country Money Judgments Recognition Act

applies to a foreign-country judgment to the extent that the

judgment:

1. Grants or denies recovery of a sum of money; and

2. Under the law of the foreign country where rendered, is

final, conclusive, and enforceable.

B. The Uniform Foreign-Country Money Judgments Recognition Act

does not apply to a foreign-country judgment, even if the judgment

grants or denies recovery of a sum of money, to the extent that the

judgment is:

1. A judgment for taxes;

2. A fine or other penalty; or

3. A judgment for divorce, support, or maintenance, or other

judgment rendered in connection with domestic relations.

C. A party seeking recognition of a foreign-country judgment

has the burden of establishing that the Uniform Foreign-Country

Money Judgments Recognition Act applies to the foreign-country

judgment.
Okla. Stat. tit. 12, § 12-1229 — OK Code / Title 12 / Section 12-1229
Disposition of property
Status: in_force

The court shall make proper orders for the preservation of the

property during the pendency of the suit; it may direct a sale of

property, when, because of its perishable nature; or of the costs of

keeping it, a sale will be for the benefit of the parties. In

vacation, such sale may be ordered by the judge of the court. The

sale shall be public, after such advertisement as is prescribed for

the sale of like property on execution, and shall be made in such

manner and upon such terms of credit, with security, as the court or

judge, having, regard to the probable duration of the action, may

direct. The proceeds, if collected by the sheriff, with all the

monies received by him from garnishees, shall be held and paid over

by him, under the same requirement and responsibility of himself and

sureties, as are provided in respect to money deposited in lieu of

bail.

R.L. 1910, § 4850.

Oklahoma Statutes - Title 12. Civil Procedure Page 265
Okla. Stat. tit. 12, § 12-1336 — OK Code / Title 12 / Section 12-1336
Service on party other than sheriff
Status: in_force

If the writ be directed to any other person, it shall be

delivered to the sheriff and shall be by him served by delivering to

such person without delay.

R.L. 1910, § 4887.
Okla. Stat. tit. 12, § 12-3208 — OK Code / Title 12 / Section 12-3208
Renumbered as § 3231 of this title by Laws 1989, c. 129,
Status: in_force

§ 14, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-2901 — OK Code / Title 12 / Section 12-2901
Requirement of authentication or identification
Status: in_force

A. The requirement of authentication or identification as a

condition precedent to admissibility is satisfied by evidence

sufficient to support a finding that the matter in question is what

its proponent claims it to be.

B. The following are illustrative examples of authentication or

identification conforming with the requirements of this Code:

Oklahoma Statutes - Title 12. Civil Procedure Page 487

1. Testimony that a matter is what it is claimed to be;

2. Nonexpert opinion as to the genuineness of handwriting,

based upon familiarity not acquired for purposes of the litigation;

3. Comparison by the trier of fact or by expert witnesses with

specimens which have been authenticated;

4. Appearance, content, substance, internal patterns or other

distinctive characteristics taken in conjunction with circumstances;

5. Identification of a voice, whether heard firsthand or through

mechanical or electronic transmission or recording, by opinion based

upon hearing the voice at any time under circumstances connecting it

with the alleged speaker;

6. Telephone conversations by evidence that a call was made to

the number assigned at the time by the telephone company to a

particular person or business if:

a. in the case of a person, circumstances, including

self-identification, show the person answering to be

the one called, or

b. in the case of a business, the call was made to a

place of business and the conversation related to

business reasonably transacted over the telephone;

7. Evidence that a writing authorized by law to be recorded or

filed and in fact recorded or filed in a public office, or a

purported public record, report, statement or data compilation, in

any form, is from the public office where items of this nature are

kept;

8. Evidence that a document or data compilation, in any form:

a. is in such condition as to create no suspicion

concerning its authenticity,

b. was in a place where it, if authentic, would likely

be, and

c. has been in existence twenty (20) years or more at the

time it is offered;

9. Evidence describing a process or system used to produce a

result and showing that the process or system produces an accurate

result; or

10. Any method of authentication or identification provided by

statute or by rules prescribed by the Supreme Court pursuant to

statutory authority.
Okla. Stat. tit. 12A, § 12A-3-403 — OK Code / Title 12A / Section 12A-3-403
Unauthorized Signature
Status: in_force

UNAUTHORIZED SIGNATURE

(a) Unless otherwise provided in this article or Article 4 of

this title, an unauthorized signature is ineffective except as the

signature of the unauthorized signer in favor of a person who in

good faith pays the instrument or takes it for value. An

unauthorized signature may be ratified for all purposes of this

article.

(b) If the signature of more than one person is required to

constitute the authorized signature of an organization, the

signature of the organization is unauthorized if one of the required

signatures is lacking.

(c) The civil or criminal liability of a person who makes an

unauthorized signature is not affected by any provision of this

article which makes the unauthorized signature effective for the

purposes of this article.
Okla. Stat. tit. 12, § 12-1436 — OK Code / Title 12 / Section 12-1436
Request for findings – Time limit to issue findings
Status: in_force

A. At the request of a party making a motion filed pursuant to

Section 3 of the Oklahoma Citizens Participation Act, the court

shall issue findings regarding whether the legal action was brought

to deter or prevent the moving party from exercising constitutional

rights and is brought for an improper purpose, including to harass

or to cause unnecessary delay or to increase the cost of litigation.

B. The court shall issue findings under subsection A of this

section no later than thirty (30) days after the date a request is

made under subsection A of this section.
Okla. Stat. tit. 12, § 12-1573.1 — OK Code / Title 12 / Section 12-1573.1
Replevin bond - Value
Status: in_force

On application of either party which is made at the time of

executing the replevin bond or the redelivery bond, or at a later

date, with notice to the adverse party, the court may hold a hearing

to determine the value of the property which the plaintiff seeks to

replevy. If the value as determined by the court is different from

that stated in the petition, the value as determined by the court

shall control for the purpose of Sections 1573 and 1577 of this

title.
Okla. Stat. tit. 12, § 12-94 — OK Code / Title 12 / Section 12-94
Persons under disability - Time to sue to recover realty
Status: in_force

Any person entitled to bring an action for the recovery of real

property, who may be under any legal disability when the cause of

action accrues, may bring his action within two (2) years after the

disability is removed.

R.L. 1910, § 4656.
Okla. Stat. tit. 12, § 12-1386 — OK Code / Title 12 / Section 12-1386
Order and service of injunction
Status: in_force

The order of injunction shall be addressed to the party

enjoined, shall state the injunction, and shall be issued by the

clerk. Where the injunction is allowed at the commencement of the

action, the clerk shall endorse upon the summons "Injunction

allowed," and it shall not be necessary to issue the order of

injunction, nor shall it be necessary to issue the same where notice

Oklahoma Statutes - Title 12. Civil Procedure Page 278

of application therefor has been given to the party enjoined. The

service of the summons so endorsed, or the notice of an application

for an injunction, shall be notice of its allowance.

R.L. 1910, § 4871.
Okla. Stat. tit. 12, § 12-994.3 — OK Code / Title 12 / Section 12-994.3
Recovery against party that received payment — Third-
Status: in_force

party payer — Payments — Recovery worksheet.

Oklahoma Statutes - Title 12. Civil Procedure Page 197

A. Recovery against the party that received payment.

1. General rule. Any payor of money benefits with recovery or

reimbursement rights by contract or statute reduces its recovery to

take account of the cost of procuring the judgment or settlement

from a third party, as provided in this section, if:

a. procurement costs are incurred because the claim is

disputed, and

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

payor seeks to recover.

2. Special rule. If a payor must file suit because the party

that received payment opposes the payor's recovery, the recovery

amount is as set forth in subsection E of this section.

B. Recovery against the third-party payer. If the payor seeks

recovery from the third-party payer, the recovery amount will be no

greater than the amount determined under subsection C, D or E of

this section.

C. Payments made by a payor that are less than the judgment or

settlement amount. If a payor's payments are less than the judgment

or settlement amount, the recovery is computed as follows:

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

judgment or settlement payment;

2. Apply the ratio to the person or entity's payment. The

product is the payor's share of procurement costs; and

3. Subtract the payor's share of procurement costs from his or

her claimed payments. The remainder is the payor's recovery amount.

D. A payor's payments that equals or exceeds the judgment or

settlement amount. If payor's payments equal or exceed the judgment

or settlement amount, the recovery amount is the total judgment or

settlement payment minus the total procurement costs.

E. The payor incurs procurement costs because of opposition to

its recovery. If the payor must bring suit against the party that

received payment because that party opposes the recovery, the

recovery amount is the lower of the following:

1. The person or entity's payment; or

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

total procurement cost.

F. Recovery worksheet. The amount to be recovered from the

beneficiary is the amount payor paid, less a proportionate share of

the costs of procuring the judgment or settlement. The amount to be

refunded is determined as follows:

If the payor's payment is less than the amount of judgment or

settlement:

1. Determine the ratio of the payments to the total amount of

the judgment or settlement;

2. Apply this ratio to the costs of procuring the judgment or

settlement, including attorney fees; and

Oklahoma Statutes - Title 12. Civil Procedure Page 198

3. Subtract the payor's share of procurement costs from their

payments. The remainder is the amount of reimbursement to be

refunded to the payor seeking recovery of payments.

Step 1:

$_________________ / $_________________ = __________________

Payor's Payment Judgment/Settlement Ratio

Carry out 6 digits

Step 2:

__________________ X $_________________ = __________________

Ratio from Step 1 Procurement Costs Payor's Share of

Carry out 6 digits Procurement Cost

Step 3:

$_________________ - $_________________ = __________________

Payor's Payment Payor's Share of Refund to Payor

Procurement Costs

G. If the payor's payments equal or exceed the amount of the

judgment or settlement, subtract the total procurement costs from

the judgment or settlement. The remainder is the amount of

reimbursement to be refunded to the payor. The beneficiary will not

be required to refund more than the liability insurance payment

minus the procurement costs.

$_________________ - $_________________ = $_________________

Judgment/Settlement Procurement Costs Refund
Okla. Stat. tit. 12A, § 12A-2-508 — OK Code / Title 12A / Section 12A-2-508
Cure by Seller of Improper Tender or Delivery;
Status: in_force

Replacement.

(1) Where any tender or delivery by the seller is rejected

because nonconforming and the time for performance has not yet

expired, the seller may seasonably notify the buyer of his intention

to cure and may then within the contract time make a conforming

delivery.

(2) Where the buyer rejects a nonconforming tender which the

seller had reasonable grounds to believe would be acceptable with or

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 212

without money allowance the seller may if he seasonably notifies the

buyer have a further reasonable time to substitute a conforming

tender.
Okla. Stat. tit. 12A, § 12A-2-323 — OK Code / Title 12A / Section 12A-2-323
Form of bill of lading required in overseas shipment -
Status: in_force

"Overseas".

Form of Bill of Lading Required in Overseas Shipment;

"Overseas".

(1) Where the contract contemplates overseas shipment and

contains a term C.I.F. or C. and F. or F.O.B. vessel, the seller

unless otherwise agreed must obtain a negotiable bill of lading

stating that the goods have been loaded on board or, in the case of

a term C.I.F. or C. and F., received for shipment.

(2) Where in a case within subsection (1) a tangible bill of

lading has been issued in a set of parts, unless otherwise agreed if

the documents are not to be sent from abroad the buyer may demand

tender of the full set; otherwise only one part of the bill of

lading need be tendered. Even if the agreement expressly requires a

full set.

(a) due tender of a single part is acceptable within the

provisions of this article on cure of improper delivery (subsection

(1) of Section 2-508); and

(b) even though the full set is demanded, if the documents are

sent from abroad the person tendering an incomplete set may

nevertheless require payment upon furnishing an indemnity which the

buyer in good faith deems adequate.

(3) A shipment by water or by air or a contract contemplating

such shipment is "overseas" insofar as by usage of trade or

agreement it is subject to the commercial, financing or shipping

practices characteristic of international deep water commerce.
Okla. Stat. tit. 12A, § 12A-2A-407 — OK Code / Title 12A / Section 12A-2A-407
Irrevocable Promises; Finance Leases
Status: in_force

IRREVOCABLE PROMISES; FINANCE LEASES

(1) In the case of a finance lease that is not a consumer lease

the lessee's promises under the lease contract become irrevocable

and independent upon the lessee's acceptance of the goods.

(2) A promise that has become irrevocable and independent under

subsection (1) of this section:

(a) is effective and enforceable between the parties, and

by or against third parties including assignees of the

parties, and

(b) is not subject to cancellation, termination,

modification, repudiation, excuse, or substitution

without the consent of the party to whom the promise

runs.

(3) This section does not affect the validity under any other

law of a covenant in any lease contract making the lessee's promises

irrevocable and independent upon the lessee's acceptance of the

goods.
Okla. Stat. tit. 12, § 12-729.7 — OK Code / Title 12 / Section 12-729.7
Assertion of claim or defense using a foreign money
Status: in_force

A. A person may assert a claim in a specified foreign money.

If a foreign-money claim is not asserted, the claimant makes the

claim in United States dollars.

B. An opposing party may allege and prove that a claim, in

whole or in part, is in a different money than that asserted by the

claimant.

C. A person may assert a claim as a defense, set-off,

recoupment or counterclaim in any money appropriate for the claim

without regard to the money of other claims.

D. The determination of the proper money of the claim is a

question of law.
Okla. Stat. tit. 12A, § 12A-8-305 — OK Code / Title 12A / Section 12A-8-305
Instruction
Status: in_force

Instruction.

(a) If an instruction has been originated by an appropriate

person but is incomplete in any other respect, any person may

complete it as authorized and the issuer may rely on it as

completed, even though it has been completed incorrectly.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 442

(b) Unless otherwise agreed, a person initiating an instruction

assumes only the obligations imposed by Section 8-108 of this title

and not an obligation that the security will be honored by the

issuer.
Okla. Stat. tit. 12A, § 12A-3-117 — OK Code / Title 12A / Section 12A-3-117
Other Agreements Affecting Instrument
Status: in_force

OTHER AGREEMENTS AFFECTING INSTRUMENT

Subject to applicable law regarding exclusion of proof of

contemporaneous or previous agreements, the obligation of a party to

an instrument to pay the instrument may be modified, supplemented,

or nullified by a separate agreement of the obligor and a person

entitled to enforce the instrument, if the instrument is issued or

the obligation is incurred in reliance on the agreement or as part

of the same transaction giving rise to the agreement. To the extent

an obligation is modified, supplemented, or nullified by an

agreement under this section, the agreement is a defense to the

obligation.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 290
Okla. Stat. tit. 12, § 12-664 — OK Code / Title 12 / Section 12-664
Trial docket for bar
Status: in_force

The clerk shall make out a copy of the trial docket for the use

of the bar, before the first day of the term of court and cause the

same to be printed.

R.L. 1910, § 5041.
Okla. Stat. tit. 12, § 12-1032 — OK Code / Title 12 / Section 12-1032
Proceedings to be by motion - Notice
Status: in_force

The proceedings to correct mistakes or omissions of the clerk,

or irregularity in obtaining a judgment or order, shall be by

motion, upon reasonable notice to the adverse party or his attorney

in the action.

R.L. 1910, § 5268. Amended by Laws 1969, c. 304, § 4, emerg. eff.

April 28, 1969; Laws 1993, c. 351, § 26, eff. Oct. 1, 1993.

Oklahoma Statutes - Title 12. Civil Procedure Page 201
Okla. Stat. tit. 12, § 12-1290 — OK Code / Title 12 / Section 12-1290
Renumbered as § 136 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12A, § 12A-4-109 — OK Code / Title 12A / Section 12A-4-109
Delays
Status: in_force

DELAYS

(a) Unless otherwise instructed, a collecting bank in a good

faith effort to secure payment of a specific item drawn on a payor

other than a bank, and with or without the approval of any person

involved, may waive, modify, or extend time limits imposed or

permitted by this article for a period not exceeding two (2)

additional banking days without discharge of drawers or indorsers or

liability to its transferor or a prior party.

(b) Delay by a collecting bank or payor bank beyond time limits

prescribed or permitted by this article or by instructions is

excused if (i) the delay is caused by interruption of communication

or computer facilities, suspension of payments by another bank, war,

emergency conditions, failure of equipment, or other circumstances

beyond the control of the bank, and (ii) the bank exercises such

diligence as the circumstances require.
Okla. Stat. tit. 12A, § 12A-1-206 — OK Code / Title 12A / Section 12A-1-206
Presumptions
Status: in_force

Presumptions.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 181

Whenever the Uniform Commercial Code creates a “presumption”

with respect to a fact, or provides that a fact is “presumed”, the

trier of fact must find the existence of the fact unless and until

evidence is introduced that supports a finding of its nonexistence.
Okla. Stat. tit. 12, § 12-3310 — OK Code / Title 12 / Section 12-3310
Low income parties
Status: in_force

LOW INCOME PARTIES.

A. The disqualification of subsection A of Section 9 of this

act applies to a collaborative lawyer representing a party with or

without fee.

B. After a collaborative law process concludes, another lawyer

in a law firm with which a collaborative lawyer disqualified under

subsection A of Section 9 of this act is associated may represent a

party without fee in the collaborative matter or a matter related to

the collaborative matter if:

1. The party has an annual income that qualifies the party for

free legal representation under the criteria established by the law

firm for free legal representation;

2. The collaborative law participation agreement so provides;

and

3. The collaborative lawyer is isolated from any participation

in the collaborative matter or a matter related to the collaborative

matter through procedures within the law firm which are reasonably

calculated to isolate the collaborative lawyer from such

participation.
Okla. Stat. tit. 12, § 12-1183 — OK Code / Title 12 / Section 12-1183
Examination of garnishee
Status: in_force

The garnishee may be examined by the judgment creditor in any

manner prescribed by the Oklahoma Discovery Code. Discovery may

commence at any time after the service of the garnishee summons. If

the garnishee is a corporation, any principal officer thereof may be

so examined. Within forty-five (45) days after the filing of the

answer affidavit by the garnishee, the judgment creditor may

commence discovery concerning any matter contained in the answer or

germane to any liability on the garnishee's part to the principal

defendant. A copy of the discovery request or notice of deposition

Oklahoma Statutes - Title 12. Civil Procedure Page 257

and such statement shall be served upon the garnishee or the

garnishee's attorney of record in the manner provided for service of

summons. The garnishee within twenty (20) days of the date of

service of a discovery request shall deliver by mail a copy to the

judgment creditor or the judgment creditor’s attorney of record,

full and true answers to all discovery requests, verified by

affidavit, in the manner prescribed by the Oklahoma Discovery Code.
Okla. Stat. tit. 12, § 12-1600.20a — OK Code / Title 12 / Section 12-1600.20a
Renumbered as § 321 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12A, § 12A-3-107 — OK Code / Title 12A / Section 12A-3-107
Instrument Payable in Foreign Money
Status: in_force

INSTRUMENT PAYABLE IN FOREIGN MONEY

Unless the instrument otherwise provides, an instrument that

states the amount payable in foreign money may be paid in the

foreign money or in an equivalent amount in dollars calculated by

using the current bank-offered spot rate at the place of payment for

the purchase of dollars on the day on which the instrument is paid.
Okla. Stat. tit. 12, § 12-2611.10 — OK Code / Title 12 / Section 12-2611.10
Opportunity for examination and cross-examination
Status: in_force

An alternative method ordered by the judge or presiding officer

shall permit a full and fair opportunity for examination or cross-

examination of the child witness by each party.
Okla. Stat. tit. 12A, § 12A-2A-501 — OK Code / Title 12A / Section 12A-2A-501
Default - Procedure
Status: in_force

DEFAULT; PROCEDURE

(1) Whether the lessor or the lessee is in default under a

lease contract is determined by the lease agreement and this

article.

(2) If the lessor or the lessee is in default under the lease

contract, the party seeking enforcement has rights and remedies as

provided in this article and, except as limited by this article, as

provided in the lease agreement.

(3) If the lessor or the lessee is in default under the lease

contract, the party seeking enforcement may reduce the party's claim

to judgment, or otherwise enforce the lease contract by self-help or

any available judicial procedure or nonjudicial procedure, including

administrative proceeding, arbitration, or the like, in accordance

with this article.

(4) Except as otherwise provided in subsection (a) of Section

18 of this act or this article or the lease agreement, the rights

and remedies referred to in subsections (2) and (3) of this section

are cumulative.

(5) If the lease agreement covers both real property and goods,

the party seeking enforcement may proceed under this Part as to the

goods, or under other applicable law as to both the real property

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 261

and the goods in accordance with that party's rights and remedies in

respect of the real property, in which case this Part does not

apply.
Okla. Stat. tit. 12, § 12-77 — OK Code / Title 12 / Section 12-77
May be several actions on same security
Status: in_force

A judgment in favor of a party for one delinquency does not

preclude the same or another party from an action on the same

security for another delinquency.

R.L. 1910, § 5350.