Okla. Stat. tit. 12, § 12-1143 — OK Code / Title 12 / Section 12-1143
Answer in action to recover real property
Status: in_force

It shall be sufficient in such action, if the defendant in his

answer, deny, generally, the title alleged in the petition, or that

he withholds the possession, as the case may be, but if he deny the

title of the plaintiff, possession by the defendant shall be taken

as admitted. Where he does not defend for the whole premises, the

answer shall describe the particular part of which defense is made.

R.L. 1910, § 4929.
Okla. Stat. tit. 12, § 12-580 — OK Code / Title 12 / Section 12-580
Jury may decide in court or retire - Keeping together -
Status: in_force

Communications to jury or concerning deliberations.

When the case is finally submitted to the jury, they may decide

in court or retire for deliberation. If they retire, they must be

kept together, in some convenient place, under charge of an officer,

until they agree upon a verdict or be discharged by the court,

subject to the discretion of the court, to permit them to separate

temporarily at night, and at their meals. The officer having them

under his charge shall not suffer any communication to be made to

them, or make any himself, except to ask them if they are agreed

upon their verdict, unless by order of the court; and he shall not,

before their verdict is rendered, communicate to any person the

state of their deliberations, or the verdict agreed upon.

R.L. 1910, § 5005.Oklahoma Statutes - Title 12. Civil Procedure Page 9
Okla. Stat. tit. 12A, § 12A-1-9-103 — OK Code / Title 12A / Section 12A-1-9-103
Purchase-money security interest; application of
Status: in_force

payments; burden of establishing.

PURCHASE-MONEY SECURITY INTEREST; APPLICATION OF PAYMENTS;

BURDEN OF ESTABLISHING

(a) In this section:

(1) “purchase-money collateral” means goods or software that

secures a purchase-money obligation incurred with respect to that

collateral; and

(2) “purchase-money obligation” means an obligation of an

obligor incurred as all or part of the price of the collateral or

for value given to enable the debtor to acquire rights in or the use

of the collateral if the value is in fact so used.

(b) A security interest in goods is a purchase-money security

interest:

(1) to the extent that the goods are purchase-money collateral

with respect to that security interest;

(2) if the security interest is in inventory that is or was

purchase-money collateral, to the extent that the security interest

secures a purchase-money obligation incurred with respect to other

inventory in which the secured party holds or held a purchase-money

security interest; and

(3) to the extent that the security interest secures a

purchase-money obligation incurred with respect to software in which

the secured party holds or held a purchase-money security interest.

(c) A security interest in software is a purchase-money

security interest to the extent that the security interest also

secures a purchase-money obligation incurred with respect to goods

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 35

in which the secured party holds or held a purchase-money security

interest if:

(1) the debtor acquired its interest in the software in an

integrated transaction in which it acquired an interest in the

goods; and

(2) the debtor acquired its interest in the software for the

principal purpose of using the software in the goods.

(d) The security interest of a consignor in goods that are the

subject of a consignment is a purchase-money security interest in

inventory.

(e) In a transaction other than a consumer-goods transaction,

if the extent to which a security interest is a purchase-money

security interest depends on the application of a payment to a

particular obligation, the payment must be applied:

(1) in accordance with any reasonable method of application to

which the parties agree;

(2) in the absence of the parties’ agreement to a reasonable

method, in accordance with any intention of the obligor manifested

at or before the time of payment; or

(3) in the absence of an agreement to a reasonable method and a

timely manifestation of the obligor’s intention, in the following

order:

(A) to obligations that are not secured; and

(B) if more than one obligation is secured, to obligations

secured by purchase-money security interests in the

order in which those obligations were incurred.

(f) In a transaction other than a consumer-goods transaction, a

purchase-money security interest does not lose its status as such,

even if:

(1) the purchase-money collateral also secures an obligation

that is not a purchase-money obligation;

(2) collateral that is not purchase-money collateral also

secures the purchase-money obligation; or

(3) the purchase-money obligation has been renewed, refinanced,

consolidated, or restructured.

(g) In a transaction other than a consumer-goods transaction, a

secured party claiming a purchase-money security interest has the

burden of establishing the extent to which the security interest is

a purchase-money security interest.

(h) The limitation of the rules in subsections (e), (f), and

(g) of this section to transactions other than consumer-goods

transactions is intended to leave to the court the determination of

the proper rules in consumer-goods transactions. The court may not

infer from that limitation the nature of the proper rule in

consumer-goods transactions and may continue to apply established

approaches.
Okla. Stat. tit. 12, § 12-1516 — OK Code / Title 12 / Section 12-1516
Power of court
Status: in_force

The court shall have full power to make any order, not

inconsistent with the provisions of this article, that may be

necessary to make a just and equitable partition between the

parties, and to secure their respective interests.

R.L. 1910, § 4955.
Okla. Stat. tit. 12A, § 12A-3-605 — OK Code / Title 12A / Section 12A-3-605
Discharge of Secondary Obligors
Status: in_force

DISCHARGE OF SECONDARY OBLIGORS

(a) If a person entitled to enforce an instrument releases the

obligation of a principal obligor in whole or in part, and another

party to the instrument is a secondary obligor with respect to the

obligation of that principal obligor, the following rules apply:

(1) Any obligations of the principal obligor to the

secondary obligor with respect to any previous payment

by the secondary obligor are not affected. Unless the

terms of the release preserve the secondary obligor’s

recourse, the principal obligor is discharged, to the

extent of the release, from any other duties to the

secondary obligor under this article.

(2) Unless the terms of the release provide that the

person entitled to enforce the instrument retains the

right to enforce the instrument against the secondary

obligor, the secondary obligor is discharged to the

same extent as the principal obligor from any

unperformed portion of its obligation on the

instrument. If the instrument is a check and the

obligation of the secondary obligor is based on an

indorsement of the check, the secondary obligor is

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 327

discharged without regard to the language or

circumstances of the discharge or other release.

(3) If the secondary obligor is not discharged under

paragraph (2) of this subsection, the secondary

obligor is discharged to the extent of the value of

the consideration for the release, and to the extent

that the release would otherwise cause the secondary

obligor a loss.

(b) If a person entitled to enforce an instrument grants a

principal obligor an extension of the time at which one or more

payments are due on the instrument and another party to the

instrument is a secondary obligor with respect to the obligation of

that principal obligor, the following rules apply:

(1) Any obligations of the principal obligor to the

secondary obligor with respect to any previous payment

by the secondary obligor are not affected. Unless the

terms of the extension preserve the secondary

obligor’s recourse, the extension correspondingly

extends the time for performance of any other duties

owed to the secondary obligor by the principal obligor

under this article.

(2) The secondary obligor is discharged to the extent that

the extension would otherwise cause the secondary

obligor a loss.

(3) To the extent that the secondary obligor is not

discharged under paragraph (2) of this subsection, the

secondary obligor may perform its obligations to a

person entitled to enforce the instrument as if the

time for payment had not been extended or, unless the

terms of the extension provide that the person

entitled to enforce the instrument retains the right

to enforce the instrument against the secondary

obligor as if the time for payment had not been

extended, treat the time for performance of its

obligations as having been extended correspondingly.

(c) If a person entitled to enforce an instrument agrees, with

or without consideration, to a modification of the obligation of a

principal obligor other than a complete or a partial release or an

extension of the due date and another party to the instrument is a

secondary obligor with respect to the obligation of that principal

obligor, the following rules apply:

(1) Any obligations of the principal obligor to the

secondary obligor with respect to any previous payment

by the secondary obligor are not affected. The

modification correspondingly modifies any other duties

owed to the secondary obligor by the principal obligor

under this article.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 328

(2) The secondary obligor is discharged from any

unperformed portion of its obligation to the extent

that the modification would otherwise cause the

secondary obligor a loss.

(3) To the extent that the secondary obligor is not discharged

under paragraph (2) of this subsection, the secondary obligor may

satisfy its obligation on the instrument as if the modification had

not occurred, or treat its obligation on the instrument as having

been modified correspondingly.

(d) If the obligation of a principal obligor is secured by an

interest in collateral, another party to the instrument is a

secondary obligor with respect to that obligation, and a person

entitled to enforce the instrument impairs the value of the interest

in collateral, the obligation of the secondary obligor is discharged

to the extent of the impairment. The value of an interest in

collateral is impaired to the extent the value of the interest is

reduced to an amount less than the amount of the recourse of the

secondary obligor, or the reduction in value of the interest causes

an increase in the amount by which the amount of the recourse

exceeds the value of the interest. For purposes of this subsection,

impairing the value of an interest in collateral includes failure to

obtain or maintain perfection or recordation of the interest in

collateral, release of collateral without substitution of collateral

of equal value or equivalent reduction of the underlying obligation,

failure to perform a duty to preserve the value of collateral owed,

under Article 9 of the Uniform Commercial Code or other law, to a

debtor or other person secondarily liable, and failure to comply

with applicable law in disposing of or otherwise enforcing the

interest in collateral.

(e) A secondary obligor is not discharged under paragraph (3)

of subsection (a) of this section or subsections (b), (c), or (d) of

this section unless the person entitled to enforce the instrument

knows that the person is a secondary obligor or has notice under

subsection (c) of Section 3-419 of this title that the instrument

was signed for accommodation.

(f) A secondary obligor is not discharged under this section if

the secondary obligor consents to the event or conduct that is the

basis of the discharge, or the instrument or a separate agreement of

the party provides for waiver of discharge under this section

specifically or by general language indicating that parties waive

defenses based on suretyship or impairment of collateral. Unless

the circumstances indicate otherwise, consent by the principal

obligor to an act that would lead to a discharge under this section

constitutes consent to that act by the secondary obligor if the

secondary obligor controls the principal obligor or deals with the

person entitled to enforce the instrument on behalf of the principal

obligor.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 329

(g) A release or extension preserves a secondary obligor’s

recourse if the terms of the release or extension provide that:

(1) the person entitled to enforce the instrument retains

the right to enforce the instrument against the

secondary obligor; and

(2) the recourse of the secondary obligor continues as if

the release or extension had not been granted.

(h) Except as otherwise provided in subsection (i) of this

section, a secondary obligor asserting discharge under this section

has the burden of persuasion both with respect to the occurrence of

the acts alleged to harm the secondary obligor and loss or prejudice

caused by those acts.

(i) If the secondary obligor demonstrates prejudice caused by

an impairment of its recourse, and the circumstances of the case

indicate that the amount of loss is not reasonably susceptible of

calculation or requires proof of facts that are not ascertainable,

it is presumed that the act impairing recourse caused a loss or

impairment equal to the liability of the secondary obligor on the

instrument. In that event, the burden of persuasion as to any

lesser amount of the loss is on the person entitled to enforce the

instrument.
Okla. Stat. tit. 12, § 12-666 — OK Code / Title 12 / Section 12-666
Time of trial
Status: in_force

Actions shall be triable at the first term of court, after or

during which the issues therein, by the time fixed for pleading are,

or shall have been made up. When the issues are made up, or when

the defendant has failed to plead within the time fixed, the cause

shall be placed on the trial docket, and if it be a trial case shall

stand for trial at such term ten (10) days after the issues are made

up, and shall, in case of default stand for trial forthwith. When

any demurrer shall be adjudged to be frivolous the cause shall stand

for hearing or trial in like manner as if an issue of fact had been

joined in the first instance.

R.L. 1910, § 5043.

Oklahoma Statutes - Title 12. Civil Procedure Page 106
Okla. Stat. tit. 12A, § 12A-1-9-514 — OK Code / Title 12A / Section 12A-1-9-514
Assignment of powers of secured party of record
Status: in_force

ASSIGNMENT OF POWERS OF SECURED PARTY OF RECORD

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

section, an initial financing statement may reflect an assignment of

all of the secured party’s power to authorize an amendment to the

financing statement by providing the name and mailing address of the

assignee as the name and address of the secured party.

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

section, a secured party of record may assign of record all or part

of its power to authorize an amendment to a financing statement by

filing in the filing office an amendment of the financing statement

which:

(1) identifies, by its file number, the initial financing

statement to which it relates;

(2) provides the name of the assignor; and

(3) provides the name and mailing address of the assignee.

(c) An assignment of record of a security interest in a fixture

covered by a record of a mortgage which is effective as a fixture

filing under subsection (c) of Section 1-9-502 of this title may be

made only by an assignment of record of the mortgage in the manner

provided by law of this state other than the Uniform Commercial

Code.
Okla. Stat. tit. 12A, § 12A-2-103 — OK Code / Title 12A / Section 12A-2-103
Definitions and Index of Definitions
Status: in_force

Definitions and Index of Definitions.

(1) In this article unless the context otherwise requires:

(a) “Buyer” means a person who buys or contracts to buy

goods.

(b) “Receipt” of goods means taking physical possession of

them.

(c) “Seller” means a person who sells or contracts to sell

goods.

(2) Other definitions applying to this article or to specified

parts thereof, and the sections in which they appear are:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 186

“Acceptance”. Section 2-606 of this title.

“Banker's credit”. Section 2-325 of this title.

“Between merchants”. Section 2-104 of this title.

“Cancellation”. Section 2-106(4) of this title.

“Commercial unit”. Section 2-105 of this title.

“Confirmed credit”. Section 2-325 of this title.

“Conforming to contract”. Section 2-106 of this title.

“Contract for sale”. Section 2-106 of this title.

“Cover”. Section 2-712 of this title.

“Entrusting”. Section 2-403 of this title.

“Financing agency”. Section 2-104 of this title.

“Future goods”. Section 2-105 of this title.

“Goods”. Section 2-105 of this title.

“Identification”. Section 2-501 of this title.

“Installment contract”. Section 2-612 of this title.

“Letter of credit”. Section 2-325 of this title.

“Lot”. Section 2-105 of this title.

“Merchant”. Section 2-104 of this title.

“Overseas”. Section 2-323 of this title.

“Person in position of seller”. Section 2-707 of this title.

“Present sale”. Section 2-106 of this title.

“Sale”. Section 2-106 of this title.

“Sale on approval”. Section 2-326 of this title.

“Sale or return”. Section 2-326 of this title.

“Termination”. Section 2-106 of this title.

(3) “Control” as provided in Section 7-106 of this title and

the following definitions in other articles apply to this article:

“Check”. Section 3-104 of this title.

“Consignee”. Section 7-102 of this title.

“Consignor”. Section 7-102 of this title.

“Consumer goods”. Section 1-9-102 of this title.

“Dishonor”. Section 3-502 of this title.

“Draft”. Section 3-104 of this title.

(4) In addition, Article 1 of this title contains general

definitions and principles of construction and interpretation

applicable throughout this article.
Okla. Stat. tit. 12, § 12-814 — OK Code / Title 12 / Section 12-814
Execution to sheriff of another county
Status: in_force

When execution is issued to the sheriff of any county other than

that in which the judgment was rendered, the sheriff shall endorse

the date of its reception thereon, and following the time of its

levy, shall return any such writ to the clerk of the court from

which issued.

R.L. 1910, § 5183. Amended by Laws 1981, c. 120, § 3.
Okla. Stat. tit. 12, § 12-624 — OK Code / Title 12 / Section 12-624
Appeal as provided in code of civil procedure
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 102

An appeal shall be had and perfected in the same manner and time

as provided in the code of civil procedure from any final judgment

of the district or superior court.
Okla. Stat. tit. 12A, § 12A-1-107 — OK Code / Title 12A / Section 12A-1-107
Section captions
Status: in_force

Section Captions.

Section captions are part of the Uniform Commercial Code.
Okla. Stat. tit. 12A, § 12A-3-302 — OK Code / Title 12A / Section 12A-3-302
Holder in Due Course
Status: in_force

HOLDER IN DUE COURSE

(a) Subject to subsection (c) of this section and subsection

(d) of Section 3-106 of this title, "holder in due course" means the

holder of an instrument if:

(1) the instrument when issued or negotiated to the holder

does not bear such apparent evidence of forgery or

alteration or is not otherwise so irregular or

incomplete as to call into question its authenticity;

and

(2) the holder took the instrument (i) for value, (ii) in

good faith, (iii) without notice that the instrument

is overdue or has been dishonored or that there is an

uncured default with respect to payment of another

instrument issued as part of the same series, (iv)

without notice that the instrument contains an

unauthorized signature or has been altered, (v)

without notice of any claim to the instrument

described in Section 3-306 of this title, and (vi)

without notice that any party has a defense or claim

in recoupment described in subsection (a) of Section

3-305 of this title.

(b) Notice of discharge of a party, other than discharge in an

insolvency proceeding, is not notice of a defense under subsection

(a) of this section, but discharge is effective against a person who

became a holder in due course with notice of the discharge. Public

filing or recording of a document does not of itself constitute

notice of a defense, claim in recoupment, or claim to the

instrument.

(c) Except to the extent a transferor or predecessor in

interest has rights as a holder in due course, a person does not

acquire rights of a holder in due course of an instrument taken (i)

by legal process or by purchase in an execution, bankruptcy, or

creditor's sale or similar proceeding, (ii) by purchase as part of a

bulk transaction not in ordinary course of business of the

transferor, or (iii) as the successor in interest to an estate or

other organization.

(d) If, under paragraph (1) of subsection (a) of Section 3-303

of this title, the promise of performance that is the consideration

for an instrument has been partially performed, the holder may

assert rights as a holder in due course of the instrument only to

the fraction of the amount payable under the instrument equal to the

value of the partial performance divided by the value of the

promised performance.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 297

(e) If (i) the person entitled to enforce an instrument has

only a security interest in the instrument and (ii) the person

obliged to pay the instrument has a defense, claim in recoupment, or

claim to the instrument that may be asserted against the person who

granted the security interest, the person entitled to enforce the

instrument may assert rights as a holder in due course only to an

amount payable under the instrument which, at the time of

enforcement of the instrument, does not exceed the amount of the

unpaid obligation secured.

(f) To be effective, notice must be received at a time and in a

manner that gives a reasonable opportunity to act on it.

(g) This section is subject to any law limiting status as a

holder in due course in particular classes of transactions.
Okla. Stat. tit. 12, § 12-909 — OK Code / Title 12 / Section 12-909
Filing to be without charge
Status: in_force

Any document required to be filed under Section 759 of this

title in the office of the county clerk, bearing the filing stamp of

the court clerk of the county wherein such filing is to be made, and

duly certified, shall be filed without charge.
Okla. Stat. tit. 12, § 12-577.1 — OK Code / Title 12 / Section 12-577.1
Oklahoma Uniform Jury Instructions - Institution of
Status: in_force

Inasmuch as many judgments in actions tried by juries are set

aside and vacated on account of errors in instructions; and,

whereas, justice is withheld, delayed, and, in some cases, denied on

account of such erroneous instructions; and, the compilation and

adoption of a body of uniform instructions in civil and criminal

cases tried by juries in the courts of this state is necessary to

the equal and uniform administration of justice; and, whereas, the

justices and judges of the appellate courts of this state are in the

best position to properly prescribe such instructions on this

subject to the Legislature; the Supreme Court of the State of

Oklahoma and the Court of Criminal Appeals of Oklahoma are

respectively requested and authorized to proceed to prescribe and

institute uniform instructions to be given in jury trials of civil

or criminal cases, such instructions to be called: "Oklahoma

Uniform Jury Instructions." (OUJI).
Okla. Stat. tit. 12, § 12-1158 — OK Code / Title 12 / Section 12-1158
Execution of order
Status: in_force

The order of attachment shall be executed by the sheriff,

without delay. He shall go to the place where the defendant's

property may be found, and declare that, by virtue of said order, he

attaches said property at the suit of the plaintiff; and the

officer, with two householders, who shall be first sworn or affirmed

by the officer, shall make a true inventory and appraisement of all

the property attached, which shall be signed by the officer and

householders, and returned with the order.

R.L. 1910, § 4819.
Okla. Stat. tit. 12A, § 12A-1-9-522 — OK Code / Title 12A / Section 12A-1-9-522
Maintenance and destruction of records
Status: in_force

MAINTENANCE AND DESTRUCTION OF RECORDS

(a) The filing office shall maintain a record of the

information provided in a filed financing statement for at least one

year after the effectiveness of the financing statement has lapsed

under Section 1-9-515 of this title with respect to all secured

parties of record. The record must be retrievable by using the name

of the debtor and:

(1) if the record was filed or recorded in the filing office

described in paragraph (1) of subsection (a) of Section 1-9-501 of

this title, by using the file number of the initial financing

statement to which the record relates and the date and that the

record was filed or recorded, and by the legal description of the

real estate adequate for the purposes of indexing in the tract

indexes of the county where the real estate is situated; or

(2) if the record was filed in the filing office described in

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

using the file number of the initial financing statement to which

the record relates.

(b) Except to the extent that a statute governing disposition

of public records provides otherwise, the filing office immediately

may destroy any written record evidencing a financing statement.

However, if the filing office destroys a written record, it shall

maintain another record of the financing statement which complies

with subsection (a) of this section.
Okla. Stat. tit. 12, § 12-1776 — OK Code / Title 12 / Section 12-1776
Applicable claims
Status: in_force

A. The expedited actions process provided for in this act shall

apply to a suit in which all claimants, other than counter-

claimants, affirmatively plead that they seek only monetary relief

aggregating Two Hundred Fifty Thousand Dollars ($250,000.00) or

less, excluding interest, statutory or punitive damages and

penalties, and attorney fees and costs.

B. In no event may a party who brings a suit under this act

recover a judgment in excess of Two Hundred Fifty Thousand Dollars

($250,000.00), excluding interest, statutory or punitive damages and

penalties, and attorney fees and costs.
Okla. Stat. tit. 12A, § 12A-4-213 — OK Code / Title 12A / Section 12A-4-213
Medium and Time of Settlement by Bank
Status: in_force

MEDIUM AND TIME OF SETTLEMENT BY BANK

(a) With respect to settlement by a bank, the medium and time

of settlement may be prescribed by Federal Reserve regulations or

circulars, clearing-house rules, and the like, or agreement. In the

absence of such prescription:

(1) The medium of settlement is cash or credit to an

account in a Federal Reserve bank of or specified by

the person to receive settlement; and

(2) The time of settlement, is:

(i) with respect to tender of settlement by cash, a

cashier's check, or teller's check, when the cash

or check is sent or delivered;

(ii) with respect to tender of settlement by credit in

an account in a Federal Reserve bank, when the

credit is made;

(iii) with respect to tender of settlement by a credit

or debit to an account in a bank, when the credit

or debit is made or, in the case of tender of

settlement by authority to charge an account,

when the authority is sent or delivered; or

(iv) with respect to tender of settlement by a funds

transfer, when payment is made pursuant to

subsection (a) of Section 4A-406 of this title to

the person receiving settlement.

(b) If the tender of settlement is not by a medium authorized

by subsection (a) of this section or the time of settlement is not

fixed by subsection (a) of this section, no settlement occurs until

the tender or settlement is accepted by the person receiving

settlement.

(c) If settlement for an item is made by cashier's check or

teller's check and the person receiving settlement, before its

midnight deadline:

(1) Presents or forwards the check for collection,

settlement is final when the check is finally paid; or

(2) Fails to present or forward the check for collection,

settlement is final at the midnight deadline of the

person receiving settlement.

(d) If settlement for an item is made by giving authority to

charge the account of the bank giving settlement in the bank

receiving settlement, settlement is final when the charge is make by

the bank receiving settlement if there are funds available in the

account for the amount of the item.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 343
Okla. Stat. tit. 12A, § 12A-5-119 — OK Code / Title 12A / Section 12A-5-119
Savings Clause
Status: repealed

Savings Clause.

A transaction arising out of or associated with a letter of

credit that was issued before January 1, 1997, and the rights,

obligations, and interests flowing from that transaction are

governed by any statute or other law amended or repealed by this act

as if repeal or amendment had not occurred and may be terminated,

completed, consummated, or enforced under that statute or other law.
Okla. Stat. tit. 12, § 12-1809 — OK Code / Title 12 / Section 12-1809
Collection and disposition of court costs and fees
Status: in_force

A. To establish and maintain an alternative dispute resolution

system, court costs in the amount of Seven Dollars ($7.00) shall be

taxed, collected, and paid as other court costs in all civil cases.

The fee of an initiating or responding party shall be waived by

the center upon receipt of an affidavit in forma pauperis executed

under oath by such party.

B. The court costs and fees provided for in subsection A of

this section, once collected, shall be transferred by the court

clerk to the Director who shall deposit them in the Dispute

Resolution System Revolving Fund referenced in Section 2 of this

act.
Okla. Stat. tit. 12, § 12-3250 — OK Code / Title 12 / Section 12-3250
Short title - Uniform Interstate Depositions and
Status: in_force

Discovery Act.

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

Interstate Depositions and Discovery Act".
Okla. Stat. tit. 12A, § 12A-1-9-110 — OK Code / Title 12A / Section 12A-1-9-110
Security interests arising under article 2 or 2a
Status: in_force

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 42

SECURITY INTERESTS ARISING UNDER ARTICLE 2 OR 2A

A security interest arising under Section 2-401, 2-505,

paragraph (3) of Section 2-711, or paragraph (5) of

Section 2A-508 of this title is subject to this article.

However, until the debtor obtains possession of the

goods:

(1) the security interest is enforceable, even if paragraph (3)

of subsection (b) of Section 1-9-203 of this title has not been

satisfied;

(2) filing is not required to perfect the security interest;

(3) the rights of the secured party after default by the debtor

are governed by Article 2 or 2A of this title; and

(4) the security interest has priority over a conflicting

security interest created by the debtor.
Okla. Stat. tit. 12, § 12-20 — OK Code / Title 12 / Section 12-20
Definitions
Status: in_force

A. As used in this section:

1. "Foreign law" means any law, legal code, or system of a

jurisdiction outside of any state or territory of the United States,

including, but not limited to, international organizations and

tribunals, and applied by that jurisdiction's courts, administrative

bodies, or other formal or informal tribunals. For the purposes of

this section, foreign law shall not mean, nor shall it include, any

laws of the federally recognized American Indian tribes or nations

in this state or territory of the United States;

2. "Court" means any court, board, administrative agency, or

other adjudicative or enforcement authority of this state; and

3. "Religious organization" means any church, seminary,

synagogue, temple, mosque, religious order, religious corporation,

association, or society, whose identity is distinctive in terms of

common religious creed, beliefs, doctrines, practices, or rituals,

of any faith or denomination, including any organization qualifying

as a church or religious organization under Section 501(c)(3) or

501(d) of the United States Internal Revenue Code.

B. Any court, arbitration, tribunal, or administrative agency

ruling or decision shall violate the public policy of this state and

be void and unenforceable if the court, arbitration, tribunal, or

administrative agency bases its rulings or decisions in the matter

at issue in whole or in part on foreign law that would not grant the

parties affected by the ruling or decision the same fundamental

liberties, rights, and privileges granted under the United States

and Oklahoma Constitutions, including but not limited to due

process, freedom of religion, speech, or press, and any right of

privacy or marriage as specifically defined by the Constitution of

this state.

C. A contract or contractual provision, if capable of

segregation, which provides for the choice of a foreign law to

govern some or all of the disputes between the parties shall violate

the public policy of this state and be void and unenforceable if the

foreign law chosen includes or incorporates any substantive or

procedural law, as applied to the dispute at issue, that would not

grant the parties at least the same fundamental liberties, rights,

and privileges granted under the United States and Oklahoma

Oklahoma Statutes - Title 12. Civil Procedure Page 34

Constitutions, including but not limited to due process, freedom of

religion, speech, or press, and any right of privacy or marriage as

specifically defined by the Constitution of this state.

D. 1. A contract or contractual provision, if capable of

segregation, which provides for a jurisdiction for purposes of

granting the courts or arbitration panels in personam jurisdiction

over the parties to adjudicate any disputes between parties arising

from the contract shall violate the public policy of this state and

be void and unenforceable if the jurisdiction chosen includes any

foreign law as applied to the dispute at issue, that would not grant

the parties at least the same fundamental liberties, rights, and

privileges granted under the United States and Oklahoma

Constitutions, including but not limited to due process, freedom of

religion, speech, or press, and any right of privacy or marriage as

specifically defined by the Constitution of this state.

2. If a resident of this state, subject to personal

jurisdiction in this state, seeks to maintain litigation,

arbitration, agency or similarly binding proceedings in this state

and if the courts of this state find that granting a claim of forum

non conveniens or a related claim violates or would likely lead to

the application of foreign law that would not grant a nonclaimant at

least the same fundamental liberties, rights, and privileges granted

under the United States and Oklahoma Constitutions, then it is the

public policy of this state that the claim shall be denied.

E. This section shall not apply to any contract or agreement to

which a corporation, partnership, limited liability company,

business association, or other legal entity binds itself.

F. No court or arbitrator shall interpret this section to limit

the right of any person to the free exercise of religion as

guaranteed by the First Amendment to the United States Constitution

and by the Constitution of this state. No court shall interpret

this section to require or authorize any court to adjudicate, or

prohibit any religious organization from adjudicating,

ecclesiastical matters, including, but not limited to, the election,

appointment, calling, discipline, dismissal, removal or

excommunication of a member, officer, official, priest, nun, monk,

pastor, rabbi, imam or member of the clergy, of the religious

organization, or determination or interpretation of the doctrine of

the religious organization, where adjudication by a court would

violate the prohibition of the establishment clause of the First

Amendment of the United States Constitution, or violate the

Constitution of this state.

G. This section shall not be interpreted by any court to

conflict with any federal treaty including, but not limited to, any

treaty with any federally recognized American Indian tribe or

nation, or other international agreement to which the United States

Oklahoma Statutes - Title 12. Civil Procedure Page 35

is a party to the extent that such treaty or international agreement

preempts or is superior to state law on the matter at issue.
Okla. Stat. tit. 12, § 12-860 — OK Code / Title 12 / Section 12-860
Form, service and filing of orders
Status: in_force

The orders mentioned herein shall be in writing, and signed by

the judge making the same, and shall be served as a summons in other

cases. The judge shall reduce all his orders to writing, which,

together with a minute of his proceedings, signed by himself, shall

be filed with the clerk of the court of the county in which the

judgment is rendered, or the transcript of the justice filed, and

Oklahoma Statutes - Title 12. Civil Procedure Page 170

the clerk shall enter on his execution docket the time of filing the

same.

R.L. 1910, § 5208. Amended by Laws 1965, c. 300, § 8.
Okla. Stat. tit. 12A, § 12A-5-105 — OK Code / Title 12A / Section 12A-5-105
Consideration
Status: in_force

Consideration.

Consideration is not required to issue, amend, transfer, or

cancel a letter of credit, advice, or confirmation.
Okla. Stat. tit. 12, § 12-1188 — OK Code / Title 12 / Section 12-1188
Bond by defendant
Status: in_force

The defendant may, at any time after the garnishment affidavit

is filed, and before judgment, file with the clerk of the court an

undertaking, executed by at least two sureties, resident freeholders

of the state, to the effect that they will, on demand, pay to the

plaintiff the amount of the judgment that may be recovered against

such defendant in the action, with all costs not exceeding a sum

Oklahoma Statutes - Title 12. Civil Procedure Page 259

specified, which sum shall not be less than double the amount

demanded by the complaint on file, or in such less sum as the court

shall, upon application, direct. The sureties shall justify their

responsibility by affidavit annexed stating a sum which each is

worth, in property within this state, over and above all his debts

and liabilities and property exempt from execution, the aggregate of

which sums shall be double the amount specified in the undertaking.

The defendant shall serve a copy of such undertaking, with a notice

where and when the same was filed, on the plaintiff. Within three

(3) days after the receipt thereof the plaintiff shall give notice

to the defendant that he excepts to the sufficiency of the sureties,

or he shall be deemed to have waived all objections to them.

R.L. 1910, § 4838.
Okla. Stat. tit. 12A, § 12A-1-9-408 — OK Code / Title 12A / Section 12A-1-9-408
Restrictions on assignment of promissory notes,
Status: in_force

health-care-insurance receivables, and certain general intangibles

ineffective.

RESTRICTIONS ON ASSIGNMENT OF PROMISSORY

NOTES, HEALTH-CARE-INSURANCE RECEIVABLES, AND

CERTAIN GENERAL INTANGIBLES INEFFECTIVE

(a) Except as otherwise provided in subsections (b) and (f) of

this section, a term in a promissory note or in an agreement between

an account debtor and a debtor which relates to a health-care-

insurance receivable or a general intangible, including a contract,

permit, license, or franchise, and which term prohibits, restricts,

or requires the consent of the person obligated on the promissory

note or the account debtor to, the assignment or transfer of, or

creation, attachment, or perfection of a security interest in, the

promissory note, health-care-insurance receivable, or general

intangible, is ineffective to the extent that the term:

(1) would impair the creation, attachment, or perfection of a

security interest; or

(2) provides that the assignment or transfer or the creation,

attachment, or perfection of the security interest may give rise to

a default, breach, right of recoupment, claim, defense, termination,

right of termination, or remedy under the promissory note, health-

care-insurance receivable, or general intangible.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 103

(b) Subsection (a) of this section applies to a security

interest in a payment intangible or promissory note only if the

security interest arises out of a sale of the payment intangible or

promissory note, other than a sale pursuant to a disposition under

Section 1-9-610 of this title or an acceptance of collateral under

Section 1-9-620 of this title.

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

section, a rule of law, statute, or regulation, that prohibits,

restricts, or requires the consent of a government, governmental

body or official, person obligated on a promissory note, or account

debtor to the assignment or transfer of, or creation of a security

interest in, a promissory note, health-care-insurance receivable, or

general intangible, including a contract, permit, license, or

franchise between an account debtor and a debtor, is ineffective to

the extent that the rule of law, statute, or regulation:

(1) would impair the creation, attachment, or perfection of a

security interest; or

(2) provides that the assignment or transfer or the creation,

attachment, or perfection of the security interest may give rise to

a default, breach, right of recoupment, claim, defense, termination,

right of termination, or remedy under the promissory note, health-

care-insurance receivable, or general intangible.

(d) To the extent that a term in a promissory note or in an

agreement between an account debtor and a debtor which relates to a

health-care-insurance receivable or general intangible or a rule of

law, statute, or regulation described in subsection (c) of this

section would be effective under law other than this article but is

ineffective under subsection (a) or (c) of this section, the

creation, attachment, or perfection of a security interest in the

promissory note, health-care-insurance receivable, or general

intangible:

(1) is not enforceable against the person obligated on the

promissory note or the account debtor;

(2) does not impose a duty or obligation on the person

obligated on the promissory note or the account debtor;

(3) does not require the person obligated on the promissory

note or the account debtor to recognize the security interest, pay

or render performance to the secured party, or accept payment or

performance from the secured party;

(4) does not entitle the secured party to use or assign the

debtor's rights under the promissory note, health-care-insurance

receivable, or general intangible, including any related information

or materials furnished to the debtor in the transaction giving rise

to the promissory note, health-care-insurance receivable, or general

intangible;

(5) does not entitle the secured party to use, assign, possess,

or have access to any trade secrets or confidential information of

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 104

the person obligated on the promissory note or the account debtor;

and

(6) does not entitle the secured party to enforce the security

interest in the promissory note, health-care-insurance receivable,

or general intangible.

(e) Subsections (a) and (c) of this section do not apply to the

assignment or transfer of or creation of a security interest in:

(1) a claim or right to receive compensation for injuries or

sickness as described in 26 U.S.C., Section 104(a)(1) or (2), as

amended from time to time;

(2) a claim or right to receive benefits under a special needs

trust as described in 42 U.S.C., Section 1396p(d)(4), as amended

from time to time; or

(3) a structured settlement payment right as defined in

paragraph 16 of Section 3239 of Title 12 of the Oklahoma Statutes to

the extent of any conflict between the Uniform Commercial Code and

the Structured Settlement Protection Act of 2001.

(f) This section does not apply to a security interest in an

ownership interest in a general partnership, limited partnership, or

limited liability company.

(g) As used in this section, "promissory note" includes a

negotiable instrument that evidences chattel paper.
Okla. Stat. tit. 12A, § 12A-5-118 — OK Code / Title 12A / Section 12A-5-118
Applicability
Status: in_force

Applicability.

This act applies to a letter of credit that is issued on or

after January 1, 1997. This act does not apply to a transaction,

event, obligation, or duty arising out of or associated with a

letter of credit that was issued before January 1, 1997.
Okla. Stat. tit. 12, § 12-1224 — OK Code / Title 12 / Section 12-1224
Appointment and bond of receiver
Status: in_force

The court, or any judge thereof, during vacation, may, on

application of the plaintiff, and on good cause shown, appoint a

receiver, who shall take an oath faithfully to discharge his duty

and shall give an undertaking to the State of Oklahoma, in such sum

as the court or judge may direct, and with such security as shall be

approved by the clerk of such court, for the faithful performance of

his duty as such receiver, and to pay over all money and account for

all property which may come into his hands by virtue of his

appointment, at such times and in such manner as the court may

direct.

R.L. 1910, § 4845.
Okla. Stat. tit. 12, § 12-582 — OK Code / Title 12 / Section 12-582
Information after retirement
Status: in_force

After the jury have retired for deliberation, if there be a

disagreement between them as to any part of the testimony, or if

they desire to be informed as to any part of the law arising in the

case, they may request the officer to conduct them to the court,

where the information on the point of law shall be given in writing,

and the court may give its recollections as to the testimony on the

point in dispute, or cause the same to be read by the stenographer

in the presence of, or after notice to, the parties or their

counsel.

R.L. 1910, § 5007.

Oklahoma Statutes - Title 12. Civil Procedure Page 98
Okla. Stat. tit. 12A, § 12A-2A-532 — OK Code / Title 12A / Section 12A-2A-532
Lessor's rights to residual interest
Status: in_force

LESSOR'S RIGHTS TO RESIDUAL INTEREST

In addition to any other recovery permitted by this article or

other law, the lessor may recover from the lessee an amount that

will fully compensate the lessor for any loss of or damage to the

lessor's residual interest in the goods caused by the default of the

lessee.
Okla. Stat. tit. 12A, § 12A-2A-103 — OK Code / Title 12A / Section 12A-2A-103
Definitions and index of definitions
Status: in_force

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 232

DEFINITIONS AND INDEX OF DEFINITIONS

(1) In this article unless the context otherwise requires:

(a) "Buyer in the ordinary course of business" means a

person who in good faith and without knowledge that

the sale to him or her is in violation of the

ownership rights or security interest or leasehold

interest of a third party in the goods, buys in the

ordinary course from a person in the business of

selling goods of that kind but does not include a

pawnbroker. "Buying" may be for cash or by exchange

of other property or on secured or unsecured credit

and includes acquiring goods or documents of title

under a preexisting contract for sale but does not

include a transfer in bulk or as security for or in

total or partial satisfaction of a money debt.

(b) "Cancellation" occurs when either party puts an end to

the lease contract for default by the other party.

(c) "Commercial unit" means such a unit of goods as by

commercial usage is a single whole for purposes of

lease and division of which materially impairs its

character or value on the market or in use. A

commercial unit may be a single article, as a machine,

or a set of articles, as a suite of furniture or a

line of machinery, or a quantity, as a gross or

carload, or any other unit treated in use or in the

relevant market as a single whole.

(d) "Conforming" goods or performance under a lease

contract means goods or performance that are in

accordance with the obligations under the lease

contract.

(e) "Consumer lease" means a lease that a lessor regularly

engaged in the business of leasing or selling makes to

a lessee who is an individual and who takes under the

lease primarily for a personal, family, or household

purpose, if the total payments to be made under the

lease contract, excluding payments for options to

renew or buy, do not exceed Forty-five Thousand

Dollars ($45,000.00).

(f) "Fault" means wrongful act, omission, breach, or

default.

(g) "Finance lease" means a lease with respect to which:

(i) the lessor does not select, manufacture or supply

the goods;

(ii) the lessor acquires the goods or the right to

possession and use of the goods in connection

with the lease; and

(iii) one of the following occurs:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 233

(A) the lessee receives a copy of the contract

by which the lessor acquired the goods or

the right to possession and use of the goods

before signing the lease contract;

(B) the lessee's approval of the contract by

which the lessor acquired the goods or the

right to possession and use of the goods is

a condition to effectiveness of the lease

contract;

(C) the lessee, before signing the lease

contract, receives an accurate and complete

statement designating the promises and

warranties, and any disclaimers of

warranties, limitations or modifications of

remedies, or liquidated damages, including

those of a third party, such as the

manufacturer of the goods, provided to the

lessor by the person supplying the goods in

connection with or as part of the contract

by which the lessor acquired the goods or

the right to possession and use of the

goods; or

(D) if the lease is not a consumer lease, the

lessor, before the lessee signs the lease

contract, informs the lessee in writing (a)

of the identity of the person supplying the

goods to the lessor, unless the lessee has

selected that person and directed the lessor

to acquire the goods or the right to

possession and use of the goods from that

person, (b) that the lessee is entitled

under this article to the promises and

warranties, including those of any third

party, provided to the lessor by the person

supplying the goods in connection with or as

part of the contract by which the lessor

acquired the goods or the right to

possession and use of the goods, and (c)

that the lessee may communicate with the

person supplying the goods to the lessor and

receive an accurate and complete statement

of those promises and warranties, including

any disclaimers and limitations of them or

of remedies.

(h) "Goods" means all things that are movable at the time

of identification to the lease contract, or are

fixtures (Section 2A-309 of this title). The term

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 234

includes future goods, specially manufactured goods,

and the unborn young of animals. The term does not

include information, the money in which the price is

to be paid, investment securities under Article 8 of

the Uniform Commercial Code, minerals or the like,

including oil and gas, before extraction, or choses in

action.

(i) "Hybrid lease" means a single transaction involving a

lease of goods and:

(i) the provision of services;

(ii) a sale of other goods; or

(iii) a sale, lease, or license of property other than

goods.

(j) "Installment lease contract" means a lease contract

that authorizes or requires the delivery of goods in

separate lots to be separately accepted, even though

the lease contract contains a clause "each delivery is

a separate lease" or its equivalent.

(k) "Lease" means a transfer of the right to possession

and use of goods for a term in return for

consideration, but a sale, including a sale on

approval or a sale or return, or retention or creation

of a security interest or license of information is

not a lease. Unless the context clearly indicates

otherwise, the term includes a sublease.

(l) "Lease agreement" means the bargain, with respect to

the lease, of the lessor and the lessee in fact as

found in their language or by implication from other

circumstances including course of dealing of usage of

trade or course of performance as provided in this

article. Unless the context clearly indicates

otherwise, the term includes a sublease agreement.

(m) "Lease contract" means the total legal obligation that

results from the lease agreement as affected by this

article and any other applicable rules of law. Unless

the context clearly indicates otherwise, the term

includes a sublease contract.

(n) "Leasehold interest" means the interest of the lessor

or the lessee under a lease contract.

(o) "Lessee" means a person who acquires the right to

possession and use of goods under a lease. Unless the

context clearly indicates otherwise, the term includes

a sublessee.

(p) "Lessee in the ordinary course of business" means a

person who in good faith and without knowledge that

the lease to him or her is in violation of the

ownership rights or security interest or leasehold

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 235

interest of a third party in the goods leases in the

ordinary course from a person in the business of

selling or leasing goods of that kind but does not

include a pawnbroker. "Leasing" may be for cash or by

exchange of other property or on secured or unsecured

credit and includes acquiring goods or documents of

title under a preexisting lease contract but does not

include a transfer in bulk or as security for or in

total or partial satisfaction of a money debt.

(q) "Lessor" means a person who transfers the right to

possession and use of goods under a lease. Unless the

context clearly indicates otherwise, the term includes

a sublessor.

(r) "Lessor's residual interest" means the lessor's

interest in the goods after expiration, termination,

or cancellation of the lease contract.

(s) "Lien" means a charge against or interest in goods to

secure payment of a debt or performance of an

obligation, but the term does not include a security

interest.

(t) "Lot" means a parcel or a single article that is the

subject matter of a separate lease or delivery,

whether or not it is sufficient to perform the lease

contract.

(u) "Merchant lessee" means a lessee that is a merchant

with respect to goods of the kind subject to the

lease.

(v) "Present value" means the amount as of a date certain

of one or more sums payable in the future, discounted

to the date certain. The discount is determined by

the interest rate specified by the parties if the rate

was not manifestly unreasonable at the time the

transaction was entered into; otherwise, the discount

is determined by a commercially reasonable rate that

takes into account the facts and circumstances of each

case at the time the transaction was entered into.

(w) "Purchase" includes taking by sale, lease, mortgage,

security interest, pledge, gift, or any other

voluntary transaction creating an interest in goods.

(x) "Sublease" means a lease of goods the right to

possession and use of which was acquired by the lessor

as a lessee under an existing lease.

(y) "Supplier" means a person from whom a lessor buys or

leases goods to be leased under a finance lease.

(z) "Supply contract" means a contract under which a

lessor buys or leases goods to be leased.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 236

(aa) "Termination" occurs when either party pursuant to a

power created by agreement or law puts an end to the

lease contract otherwise than for default.

(2) Other definitions applying to this article and the sections

in which they appear are:

"Accessions". Subsection (1) of Section 2A-310 of this

title.

"Construction mortgage". Paragraph (d) of subsection (1)

of Section 2A-309 of this title.

"Encumbrance". Paragraph (e) of subsection (1) of Section

2A-309 of this title.

"Fixtures". Paragraph (a) of subsection (1) of Section 2A-

309 of this title.

"Fixture filing". Paragraph (b) of subsection (1) of

Section 2A-309 of this title.

"Purchase money lease". Paragraph (c) of subsection (1) of

Section 2A-309 of this title.

(3) The following definitions in other articles apply to this

article:

"Account". Paragraph (2) of subsection (a) of Section 1-9-

102 of this title.

"Between merchants". Subsection (3) of Section 2-104 of

this title.

"Buyer". Paragraph (a) of subsection (1) of Section 2-103

of this title.

"Chattel paper". Paragraph (11) of subsection (a) of

Section 1-9-102 of this title.

"Consumer goods". Paragraph (23) of subsection (a) of

Section 1-9-102 of this title.

"Document". Paragraph (30) of subsection (a) of Section 1-

9-102 of this title.

"Entrusting". Paragraph (3) of Section 2-403 of this

title.

"General intangible". Paragraph (42) of subsection (a) of

Section 1-9-102 of this title.

"Instrument". Paragraph (47) of subsection (a) of Section

1-9-102 of this title.

"Merchant". Subsection (1) of Section 2-104 of this title.

"Mortgage". Paragraph (55) of subsection (a) of Section 1-

9-102 of this title.

"Pursuant to commitment". Paragraph (69) of subsection (a)

of Section 1-9-102 of this title.

"Receipt". Subsection (c) of paragraph (1) of Section 2-

103 of this title.

"Sale". Paragraph (1) of Section 2-106 of this title.

"Sale on approval". Section 2-326 of this title.

"Sale or return". Section 2-326 of this title.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 237

"Seller". Subparagraph (c) of paragraph (1) of Section 2-

103 of this title.

(4) In addition, Article 1 of this title, contains general

definitions and principles of construction and interpretation

applicable throughout this article.
Okla. Stat. tit. 12A, § 12A-7-303 — OK Code / Title 12A / Section 12A-7-303
Diversion – Reconsignment - Change of instructions
Status: in_force

Diversion; Reconsignment; Change of Instructions.

(a) Unless the bill of lading otherwise provides, a carrier may

deliver the goods to a person or destination other than that stated

in the bill or may otherwise dispose of the goods, without liability

for misdelivery, on instructions from:

(1) the holder of a negotiable bill;

(2) the consignor on a nonnegotiable bill, even if the

consignee has given contrary instructions;

(3) the consignee on a nonnegotiable bill in the absence of

contrary instructions from the consignor, if the goods have arrived

at the billed destination or if the consignee is in possession of

the tangible bill or in control of the electronic bill; or

(4) the consignee on a nonnegotiable bill, if the consignee is

entitled as against the consignor to dispose of the goods.

(b) Unless instructions described in subsection (a) of this

section are included in a negotiable bill of lading, a person to

which the bill is duly negotiated may hold the bailee according to

the original terms.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 409
Okla. Stat. tit. 12A, § 12A-4A-304 — OK Code / Title 12A / Section 12A-4A-304
Duty of sender to report erroneously executed payment
Status: in_force

order.

DUTY OF SENDER TO REPORT ERRONEOUSLY EXECUTED PAYMENT ORDER

If the sender of a payment order that is erroneously executed as

stated in Section 23 of this act receives notification from the

receiving bank that the order was executed or that the sender's

account was debited with respect to the order, the sender has a duty

to exercise ordinary care to determine, on the basis of information

available to the sender, that the order was erroneously executed and

to notify the bank of the relevant facts within a reasonable time

not exceeding ninety (90) days after the notification from the bank

was received by the sender. If the sender fails to perform that

duty, the bank is not obliged to pay interest on any amount

refundable to the sender under subsection (d) of Section 27 of this

act for the period before the bank learns of the execution error.

The bank is not entitled to any recovery from the sender on account

of a failure by the sender to perform the duty stated in this

section.
Okla. Stat. tit. 12A, § 12A-8-502 — OK Code / Title 12A / Section 12A-8-502
Assertion of Adverse Claim Against Entitlement Holder
Status: in_force

Assertion of Adverse Claim Against Entitlement Holder.

An action based on an adverse claim to a financial asset,

whether framed in conversion, replevin, constructive trust,

equitable lien, or other theory, may not be asserted against a

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 450

person who acquires a security entitlement under Section 8-501 of

this title for value and without notice of the adverse claim.
Okla. Stat. tit. 12A, § 12A-2-604 — OK Code / Title 12A / Section 12A-2-604
Buyer's Options as to Salvage of Rightfully Rejected
Status: in_force

Goods.

Subject to the provisions of the immediately preceding section

on perishables if the seller gives on instructions within a

reasonable time after notification of rejection the buyer may store

the rejected goods for the seller's account or reship them to him or

resell them for the seller's account with reimbursement as provided

in the preceding section. Such action is not acceptance or

conversion.
Okla. Stat. tit. 12A, § 12A-2-515 — OK Code / Title 12A / Section 12A-2-515
Preserving Evidence of Goods in Dispute
Status: in_force

In furtherance of the adjustment of any claim or dispute

(a) either party on reasonable notification to the other

and for the purpose of ascertaining the facts and preserving

evidence has the right to inspect, test and sample the goods

including such of them as may be in the possession or control of the

other; and

(b) the parties may agree to a third party inspection or

survey to determine the conformity or condition of the goods and may

agree that the findings shall be binding upon them in any subsequent

litigation or adjustment.
Okla. Stat. tit. 12, § 12-1178 — OK Code / Title 12 / Section 12-1178
Garnishee's affidavit where garnishment summons on
Status: in_force

earnings.

A. For the purposes of this section, "earnings" means any form

of payment to an individual including, but not limited to, salary,

wages, commission, or other compensation, but does not include

reimbursement for travel expenses for state employees.

B. Where the garnishment summons is on earnings and is issued

under Section 1173 of this title, the garnishee shall, within seven

(7) days after the end of defendant's present pay period or where a

payment of earnings is due, or thirty (30) days from the service of

the summons, whichever is earlier, file an affidavit with the clerk

of the court in which the action is pending and deliver or mail a

copy thereof to the judgment creditor or the judgment creditor's

attorney of record. The affidavit shall state:

1. Whether the garnishee was the employer of or indebted or

under any liability to the defendant named in the notice in any

manner or upon any account for earnings or wages, specifying, as

applicable, the beginning and ending dates of the pay period

existing at the time of the service of the garnishee summons, the

total amounts earned in the pay period, and all of the facts and

circumstances necessary to a complete understanding of such

indebtedness or liability. 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 such property, the facts

and circumstances in the affidavit;

Oklahoma Statutes - Title 12. Civil Procedure Page 252

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. The garnishee shall state that he or she has mailed or hand-

delivered a copy of the notice of garnishment and exemptions,

application for hearing, and the manner and date of compliance.

C. 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.

R.L. 1910, § 4828. Amended by Laws 1965, c. 297, § 8; Laws 1976, c.

87, § 7, emerg. eff. May 4, 1976; Laws 1982, c. 302, § 3, operative

Oct. 1, 1982; Laws 1983, c. 50, § 5, emerg. eff. April 26, 1983;
Okla. Stat. tit. 12, § 12-101 — OK Code / Title 12 / Section 12-101
Extension of limitation - Part payment, acknowledgment or
Status: in_force

new promise.

Oklahoma Statutes - Title 12. Civil Procedure Page 58

In any case founded on contract, when any part of the principal

or interest shall have been paid, or an acknowledgment of an

existing liability, debt or claim, or any promise to pay the same

shall have been made, an action may be brought in such case within

the period prescribed for the same, after such payment,

acknowledgment or promise; but such acknowledgment or promise must

be in writing, signed by the party to be charged thereby.

R.L. 1910, § 4663.
Okla. Stat. tit. 12A, § 12A-12-106 — OK Code / Title 12A / Section 12A-12-106
Discharge of account debtor on controllable account or
Status: in_force

controllable payment intangible.

DISCHARGE OF ACCOUNT DEBTOR ON CONTROLLABLE ACCOUNT OR CONTROLLABLE

PAYMENT INTANGIBLE

(a) An account debtor on a controllable account or controllable

payment intangible may discharge its obligation by paying:

(1) the person having control of the controllable electronic

record that evidences the controllable account or controllable

payment intangible; or

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

person that formerly had control of the controllable electronic

record.

(b) Subject to subsection (d) of this section, the account

debtor may not discharge its obligation by paying a person that

formerly had control of the controllable electronic record if the

account debtor receives a notification that:

(1) is signed by a person that formerly had control or the

person to which control was transferred;

(2) reasonably identifies the controllable account or

controllable payment intangible;

(3) notifies the account debtor that control of the

controllable electronic record that evidences the controllable

account or controllable payment intangible was transferred;

(4) identifies the transferee, in any reasonable way, including

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

number; and

(5) provides a commercially reasonable method by which the

account debtor is to pay the transferee.

(c) After receipt of a notification that complies with

subsection (b) of this section, the account debtor may discharge its

obligation by paying in accordance with the notification and may not

discharge the obligation by paying a person that formerly had

control.

(d) Subject to subsection (h) of this section, notification is

ineffective under subsection (b) of this section:

(1) unless, before the notification is sent, the account debtor

and the person that, at that time, had control of the controllable

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 468

electronic record that evidences the controllable account or

controllable payment intangible agree in a signed record to a

commercially reasonable method by which a person may furnish

reasonable proof that control has been transferred;

(2) to the extent an agreement between the account debtor and

seller of a payment intangible limits the account debtor's duty to

pay a person other than the seller and the limitation is effective

under law other than this article; or

(3) at the option of the account debtor, if the notification

notifies the account debtor to:

(A) divide a payment;

(B) make less than the full amount of an installment or

other periodic payment; or

(C) pay any part of a payment by more than one method or

to more than one person.

(e) Subject to subsection (h) of this section, if requested by

the account debtor, the person giving the notification under

subsection (b) of this section seasonably shall furnish reasonable

proof, using the method in the agreement referred to in paragraph

(1) of subsection (d) of this section, that control of the

controllable electronic record has been transferred. Unless the

person complies with the request, the account debtor may discharge

its obligation by paying a person that formerly had control, even if

the account debtor has received a notification under subsection (b)

of this section.

(f) A person furnishes reasonable proof under subsection (e) of

this section that control has been transferred if the person

demonstrates, using the method in the agreement referred to in

paragraph 1 of subsection (d) of this section, that the transferee

has the power to:

(1) avail itself of substantially all the benefit from the

controllable electronic record;

(2) prevent others from availing themselves of substantially

all the benefit from the controllable electronic record; and

(3) transfer the powers specified in paragraphs (1) and (2) of

this subsection to another person.

(g) Subject to subsection (h) of this section, an account

debtor may not waive or vary its rights under paragraph (1) of

subsection (d) and subsection (e) of this section or its option

under paragraph (3) of subsection (d) of this section.

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

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

individual and who incurred the obligation primarily for personal,

family, or household purposes.
Okla. Stat. tit. 12, § 12-585 — OK Code / Title 12 / Section 12-585
Delivery of verdict
Status: in_force

When the jury have agreed upon their verdict they must be

conducted into court, their names called by the clerk, and their

verdict rendered by their foreman. When the verdict is announced,

either party may require the jury to be polled, which is done by the

clerk or the court asking each juror if it is his verdict. If any

one answers in the negative, the jury must again be sent out, for

further deliberation.

R.L. 1910, § 5010.
Okla. Stat. tit. 12A, § 12A-1-9-401 — OK Code / Title 12A / Section 12A-1-9-401
Alienability of debtor’s rights
Status: in_force

ALIENABILITY OF DEBTOR’S RIGHTS

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

section and Sections 1-9-406, 1-9-407, 1-9-408, and 1-9-409 of this

title, whether a debtor’s rights in collateral may be voluntarily or

involuntarily transferred is governed by law other than this

article.

(b) An agreement between the debtor and secured party which

prohibits a transfer of the debtor’s rights in collateral or makes

the transfer a default does not prevent the transfer from taking

effect.
Okla. Stat. tit. 12A, § 12A-1-9-607 — OK Code / Title 12A / Section 12A-1-9-607
Collection and enforcement by secured party
Status: in_force

COLLECTION AND ENFORCEMENT BY SECURED PARTY

(a) If so agreed, and in any event after default, a secured

party:

(1) may notify an account debtor or other person obligated on

collateral to make payment or otherwise render performance to or for

the benefit of the secured party;

(2) may take any proceeds to which the secured party is

entitled under Section 1-9-315 of this title;

(3) may enforce the obligations of an account debtor or other

person obligated on collateral and exercise the rights of the debtor

with respect to the obligation of the account debtor or other person

obligated on collateral to make payment or otherwise render

performance to the debtor, and with respect to any property that

secures the obligations of the account debtor or other person

obligated on the collateral;

(4) if it holds a security interest in a deposit account

perfected by control under paragraph (1) of subsection (a) of

Section 1-9-104 of this title, may apply the balance of the deposit

account to the obligation secured by the deposit account; and

(5) if it holds a security interest in a deposit account

perfected by control under paragraph (2) or (3) of subsection (a)

Section 1-9-104 of this title, may instruct the bank to pay the

balance of the deposit account to or for the benefit of the secured

party.

(b) If necessary to enable a secured party to exercise under

paragraph (3) of subsection (a) of this section the right of a

debtor to enforce a mortgage nonjudicially, the secured party may

record in the office in which a record of the mortgage is recorded:

(1) a copy of the security agreement that creates or provides

for a security interest in the obligation secured by the mortgage;

and

(2) the secured party's sworn affidavit in recordable form

stating that:

(A) a default has occurred with respect to the obligation

secured by the mortgage; and

(B) the secured party is entitled to enforce the mortgage

nonjudicially.

(c) A secured party shall proceed in a commercially reasonable

manner if the secured party:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 140

(1) undertakes to collect from or enforce an obligation of an

account debtor or other person obligated on collateral; and

(2) is entitled to charge back uncollected collateral or

otherwise to full or limited recourse against the debtor or a

secondary obligor.

(d) A secured party may deduct from the collections made

pursuant to subsection (c) of this section reasonable expenses of

collection and enforcement, including reasonable attorney fees and

legal expenses incurred by the secured party.

(e) This section does not determine whether an account debtor,

bank, or other person obligated on collateral owes a duty to a

secured party.
Okla. Stat. tit. 12, § 12-1872 — OK Code / Title 12 / Section 12-1872
Amount of award
Status: in_force

A. An arbitrator may award punitive damages or other exemplary

relief if such an award is authorized by law in a civil action

involving the same claim and the evidence produced at the hearing

justifies the award under the legal standards otherwise applicable

to the claim.

B. An arbitrator may award reasonable attorney fees and other

reasonable expenses of arbitration if such an award is authorized by

law in a civil action involving the same claim or by the agreement

of the parties to the arbitration proceeding.

C. As to all remedies other than those authorized by

subsections A and B of this section, an arbitrator may order such

remedies as the arbitrator considers just and appropriate under the

circumstances of the arbitration proceeding. The fact that such a

remedy could not or would not be granted by the court is not a

ground for refusing to confirm an award under Section 23 of this act

or for vacating an award under Section 24 of this act.

D. An arbitrator’s expenses and fees, together with other

expenses, shall be paid as provided in the award.

E. If an arbitrator awards punitive damages or other exemplary

relief under subsection A of this section, the arbitrator shall

specify in the award the basis in fact justifying and the basis in

law authorizing the award and state separately the amount of the

punitive damages or other exemplary relief.
Okla. Stat. tit. 12, § 12-3230 — OK Code / Title 12 / Section 12-3230
Depositions upon oral examination
Status: in_force

A. WHEN DEPOSITIONS MAY BE TAKEN; WHEN LEAVE REQUIRED.

1. A party may take the testimony of any person, including a

party, by deposition upon oral examination without leave of court

except as provided in paragraph 2 of this subsection. The

attendance of witnesses may be compelled by subpoena as provided in

Section 2004.1 of this title.

2. a. A party shall obtain leave of court, if the person to

be examined is confined in prison, or if, without the

written stipulation of the parties:

(1) the person to be examined already has been

deposed in the case, or

(2) a party seeks to take a deposition prior to the

expiration of thirty (30) days after service of

the summons and petition upon any defendant

unless the notice contains a certification, with

supporting facts, that the person to be examined

is expected to leave this state and will be

unavailable for examination in this state unless

deposed before that time.

b. A request for leave of court shall include a statement

that the requesting party has in good faith conferred

or attempted to confer either in person or by

telephone with the opposing parties to obtain a

written stipulation.

3. Unless otherwise agreed by the parties or ordered by the

court, a deposition upon oral examination shall not last more than

six (6) hours and shall be taken only between the hours of 8:00 a.m.

and 5:00 p.m. on a day other than a Saturday or Sunday and on a date

other than a holiday designated in Section 82.1 of Title 25 of the

Oklahoma Statutes - Title 12. Civil Procedure Page 517

Oklahoma Statutes. The court may grant an extension of these time

limits if the court finds that the witness or counsel has been

obstructive or uncooperative or if the court finds it to be in the

interest of justice.

B. PLACE WHERE WITNESS OR PARTY IS REQUIRED TO ATTEND TAKING OF

DEPOSITIONS.

1. A witness shall be obligated to attend to give a deposition

only in the county of his or her residence, a county adjoining the

county of his or her residence or the county where he or she is

located when the subpoena is served.

2. A party, in addition to the places where a witness may be

deposed, may be deposed in the county where the action is pending or

the county where he or she is located when the notice is served.

C. NOTICE OF EXAMINATION; GENERAL REQUIREMENTS; SPECIAL NOTICE;

NONSTENOGRAPHIC RECORDING; PRODUCTION OF DOCUMENTS AND THINGS;

DEPOSITION OF ORGANIZATION; DEPOSITION BY TELEPHONE.

1. A party desiring to take the deposition of any person upon

oral examination shall give notice in writing to every other party

to the action. The notice shall state the time and place for taking

the deposition and shall state the name and address of each person

to be examined, if known, and, if the name is not known, a general

description sufficient to identify the person or the particular

class or group to which the person belongs. The notice shall be

served in order to allow the adverse party sufficient time, by the

usual route of travel, to attend, and three (3) days for

preparation, exclusive of the day of service of the notice.

If a subpoena duces tecum is to be served on the person to be

examined, the designation of the materials to be produced, as set

forth in the subpoena, shall be attached to or included in the

notice.

2. The court may for cause shown enlarge or shorten the time

for taking the deposition and for notice of taking the deposition.

3. a. The parties may stipulate in writing or the court may

upon motion order that the testimony at a deposition

be recorded by other than stenographic means. Unless

good cause is shown to the contrary, such motions

shall be freely granted. The stipulation or order

shall designate the person before whom the deposition

shall be taken, the manner of recording, preserving,

and filing the deposition, and may include other

provisions to assure that the recorded testimony will

be accurate and trustworthy. If the deposition is

recorded by other than stenographic means, the party

taking the deposition shall upon request by any party

or the witness furnish a copy of the deposition to the

witness. The party taking the deposition may furnish

either a stenographic copy of the deposition or a copy

Oklahoma Statutes - Title 12. Civil Procedure Page 518

of the deposition as recorded by other than

stenographic means.

b. Any recording of testimony other than by stenographic

means shall begin with an on-the-record statement that

shall include: the recording officer’s name and

business address; the date, time and place of the

deposition; the deponent’s name; and the identity of

all persons present at the deposition. The recording

shall also include the administration of the oath or

affirmation to the deponent. The appearance or

demeanor of the deponent and attorneys shall not be

distorted through recording techniques.

c. Any objections under subsection D of this section, any

changes made by the witness, the signature of the

witness identifying the deposition as his or her own

or the statement of the officer that is required if

the witness does not sign, as provided in subsection F

of this section, and the certification of the officer

required by subsection G of this section shall be set

forth in a writing to accompany a deposition recorded

by nonstenographic means.

d. Any party may designate in a notice of deposition, or

in a counter-notice of deposition, another method for

recording the testimony in addition to stenographic

means. The party designating another method of

recording shall bear the expense of the additional

record unless the court orders otherwise.

4. The notice to a party deponent may be accompanied by a

request made in compliance with Section 3234 of this title for the

production of documents and tangible things at the taking of the

deposition. The procedure of Section 3234 of this title shall apply

to the request.

5. A party may in the notice and in a subpoena name as the

deponent a public or private corporation or a partnership or

association or governmental agency and describe with reasonable

particularity the matters on which examination is requested. In

that event, the organization so named shall designate one or more

officers, directors, or managing agents, or other persons who

consent to testify on its behalf, and may set forth, for each person

designated, the matters on which that person will testify. Such

designation of persons to testify and the subject of the testimony

shall be delivered to the other party or parties prior to or at the

commencement of the taking of the deposition of the organization. A

subpoena shall advise a nonparty organization of its duty to make

such a designation. The persons so designated shall testify as to

matters known or reasonably available to the organization.

Oklahoma Statutes - Title 12. Civil Procedure Page 519

This paragraph does not preclude taking a deposition by any

other procedure authorized in the Oklahoma Discovery Code.

6. The parties may stipulate in writing or the court may upon

motion order that a deposition be taken by telephone or other remote

electronic means. For the purposes of this section, subsection A of

Section 3228, and paragraphs 1 of subsections A and B of Section

3237 of this title, a deposition taken by such means is taken in the

county and state and at the place where the deponent is to answer

questions.

D. EXAMINATION AND CROSS-EXAMINATION; RECORD OF EXAMINATION;

OATH; OBJECTIONS. Examination and cross-examination of witnesses

may proceed as permitted at the trial under the provisions of

Section 2101 et seq. of this title except Section 2104. The officer

before whom the deposition is to be taken shall put the witness on

oath or affirmation and shall personally, or by someone acting under

his or her direction and in his or her presence, record the

testimony of the witness. The testimony shall be taken

stenographically or recorded by any other method authorized by

paragraph 3 of subsection C of this section.

All objections made at the time of the examination to the

qualifications of the officer taking the deposition, to the manner

of taking it, to the evidence presented, to the conduct of any

party, or to any other aspect of the proceedings shall be noted by

the officer upon the record of the deposition; however, the

examination shall proceed, with the testimony being taken subject to

the objections.

In lieu of participating in the oral examination, parties may

serve written questions in a sealed envelope on the party taking the

depositions and that party shall transmit them to the officer, who

shall propound them to the witness and record the answers verbatim.

E. MOTION TO TERMINATE OR LIMIT EXAMINATION.

1. Any objection to evidence during a deposition shall be

stated concisely and in a nonargumentative and nonsuggestive manner.

A party may instruct a deponent not to answer only when necessary to

preserve a privilege or work product protection, to enforce a

limitation on evidence directed by the court, to present a motion

under paragraph 2 of this subsection, or to move for a protective

order under subsection C of Section 3226 of this title. If the

court finds a person has engaged in conduct which has frustrated the

fair examination of the deponent, it may impose upon the persons

responsible an appropriate sanction, including the reasonable costs

and attorney fees incurred by any parties as a result thereof.

2. At any time during the taking of the deposition, on motion

of a party or of the deponent and upon a showing that the

examination is being conducted in bad faith or in such manner as

unreasonably to annoy, embarrass or oppress the deponent or party,

the court in which the action is pending or the court in the county

Oklahoma Statutes - Title 12. Civil Procedure Page 520

where the deposition is being taken may order the officer conducting

the examination to cease taking the deposition, or may limit the

scope and manner of the taking of the deposition as provided in

subsection C of Section 3226 of this title. If the order entered

terminates the examination, it shall be resumed thereafter only upon

the order of the court in which the action is pending. Upon demand

of the objecting party or deponent, the taking of the deposition

shall be suspended for the time necessary to make a motion for the

order provided for in this section. 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.

F. REVIEW BY WITNESS; CHANGES; SIGNING. The deponent shall

have the opportunity to review the transcript of the deposition

unless such examination and reading are waived by the deponent and

by the parties. After being notified by the officer that the

transcript is available, the deponent shall have thirty (30) days in

which to review it and, if there are changes in form or substance,

to sign a statement reciting such changes and the reasons given by

the deponent for making them. The officer shall indicate in the

certificate prescribed by paragraph 1 of subsection G of this

section whether any review was requested and, if so, shall append

any changes made by the deponent during the period allowed.

G. CERTIFICATION AND FILING BY OFFICER; EXHIBITS; COPIES;

NOTICE OF FILING.

1. The officer shall certify on any stenographic deposition:

a. the qualification of the officer to administer oaths,

including the officer’s certificate number,

b. that the witness was duly sworn by the officer,

c. that the deposition is a true record of the testimony

given by the witness, and

d. that the officer is not a relative or employee or

attorney or counsel of any of the parties, or a

relative or employee of the attorney or counsel, and

is not financially interested in the action.

Except on order of the court or unless a deposition is attached

to a motion response thereto, is needed for use in a trial or

hearing, or the parties stipulate otherwise, depositions shall not

be filed with the court clerk. The officer shall securely seal any

stenographic deposition in an envelope endorsed with the title of

the action and marked "Deposition of (here insert name of witness)"

and send it to the attorney who arranged for the deposition, who

shall store it under conditions that will protect it against loss,

destruction, tampering, or deterioration.

Documents and things produced for inspection during the

examination of the witness shall, upon the request of a party, be

marked for identification and annexed to the deposition and may be

Oklahoma Statutes - Title 12. Civil Procedure Page 521

inspected and copied by any party. If the person producing the

materials desires to retain them he may:

a. Offer copies to be marked for identification and

annexed to the deposition and to serve as originals if

he affords to all parties fair opportunity to verify

the copies by comparison with the originals, or

b. Offer the originals to be marked for identification,

after giving to each party an opportunity to inspect

and copy them, in which event the materials may then

be used in the same manner as if annexed to the

deposition. Any party may move for an order that the

original be annexed to and returned with the

deposition to the court, pending final disposition of

the case.

2. Each attorney who takes the deposition of a witness or of a

party shall bear all expenses thereof, including the cost of

transcription, and shall furnish upon request to the adverse party

or parties, free of charge, one copy of the transcribed deposition.

If the party taking the deposition recorded it on videotape or by

other nonstenographic means, that party shall also furnish upon

request to the adverse party or parties, free of charge, one copy of

the videotape or other recording of the deposition.

H. FAILURE TO ATTEND OR TO SERVE SUBPOENA; EXPENSES.

1. If the party giving the notice of the taking of a deposition

fails to attend and proceed therewith and another party attends in

person or by attorney pursuant to the notice, the court may order

the party giving the notice to pay to the other party the reasonable

expenses incurred by the attending party and his or her attorney in

attending, including reasonable attorney fees.

2. If the party giving the notice of the taking of a deposition

of a witness fails to serve a subpoena upon the witness and the

witness because of such failure does not attend, and if another

party attends in person or by attorney because he or she expects the

deposition of that witness to be taken, the court may order the

party giving the notice to pay to such other party the reasonable

expenses incurred by that party and his or her attorney in

attending, including reasonable attorney fees.

I. WITNESS FEES.

1. The attendance and travel fees for a witness shall be paid

as provided in Section 400 of this title.

2. A party deponent must attend the taking of a deposition

without the payment or tender of attendance or travel fees.

J. TAXING OF COSTS OF DEPOSITIONS. The cost of transcription

of a deposition, as verified by the statement of the certified court

reporter, the fees of the sheriff for serving the notice to take

depositions and fees of witnesses shall each constitute an item of

costs to be taxed in the case in the manner provided by law. The

Oklahoma Statutes - Title 12. Civil Procedure Page 522

court may upon motion of a party retax the costs if the court finds

the deposition was unauthorized by statute or unnecessary for

protection of the interest of the party taking the deposition.
Okla. Stat. tit. 12, § 12-3225.1 — OK Code / Title 12 / Section 12-3225.1
Discovery master
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 496

A. Appointment.

1. Scope. Unless a statute provides otherwise, on motion by a

party or on its own motion, upon hearing unless waived, a court may

in its discretion appoint a discovery master to:

a. perform duties related to discovery, consented to by

the parties, or

b. address pretrial and posttrial discovery matters to

facilitate effective and timely resolution.

2. Required Findings. An order appointing a discovery master

under subparagraph b of paragraph 1 of subsection A of this section

shall contain the following findings by the court:

a. the appointment and referral are necessary in the

administration of justice due to the nature,

complexity or volume of the materials involved, or for

other exceptional circumstances,

b. the likely benefit of the appointment of a discovery

master outweighs its burden or expense, considering

the needs of the case, the amount in controversy, the

parties' resources, the importance of the issues at

stake in the action, the importance of the referred

issues in resolving the matter or proceeding in which

the appointment is made, and

c. the appointment will not improperly burden the rights

of the parties to access the courts.

3. Possible Expense or Delay. In appointing a discovery

master, the court shall consider the fairness of imposing the likely

expenses on the parties and shall protect against unreasonable

expense or delay.

B. Disqualification.

1. In General. A discovery master shall not have a

relationship to the parties, attorneys, action, or court that would

require disqualification of a judge, unless the parties, with the

court's approval, consent to the appointment after the discovery

master discloses any potential grounds for disqualification.

2. Disclosure. The discovery master shall disclose any

possible conflicts within fourteen (14) days of appointment.

3. Motions to Disqualify. A motion to disqualify a discovery

master shall be made within fourteen (14) days of the discovery

master's disclosure of the conflict. The discovery master shall

rule originally on any motion to disqualify.

4. Review by Assigned Judge. Any interested party who deems

himself or herself aggrieved by the refusal of a discovery master to

grant a motion to disqualify may present his or her motion to the

judge assigned to the case by filing in the case within five (5)

days from the date of the refusal a written request for rehearing.

A copy of the request shall be mailed or delivered to the judge

Oklahoma Statutes - Title 12. Civil Procedure Page 497

assigned to the case, to the adverse party and to the discovery

master.

5. Review by Presiding Judge. Any interested party who deems

himself or herself aggrieved by the refusal of the judge assigned to

the case to grant a motion to disqualify the discovery master may

present his or her motion to the presiding judge of the county in

which the case is pending. A copy of the request shall be mailed or

delivered to the presiding judge, to the adverse party, to the judge

assigned to the case, and to the discovery master.

6. Review by Supreme Court. If the hearing before the

presiding judge results in an order adverse to the movant, the

movant shall be granted not more than five (5) days to institute a

proceeding in the Supreme Court for a writ of mandamus. The Supreme

Court shall not entertain an original proceeding to disqualify a

discovery master unless it is shown that the relief sought was

previously denied by the discovery master, the judge assigned to the

case, and the presiding judge, in accordance with this section. An

order favorable to the moving party may not be reviewed by appeal or

other method.

C. Order Appointing a Discovery Master.

1. Notice. Before appointing a discovery master, the court

shall give the parties notice and an opportunity to be heard unless

waived. Any party may suggest candidates for appointment.

2. Contents. The appointing order shall direct the discovery

master to proceed with all reasonable diligence and shall state:

a. the discovery master's duties, including any

investigation or enforcement duties, and any limits on

the discovery master's authority under subparagraph c

of this paragraph,

b. the circumstances, if any, in which the discovery

master may communicate ex parte with a party,

c. any limitations on the discovery master's

communications with the court,

d. the nature of the materials to be preserved and filed

as the record of the discovery master's activities,

e. the time limits, method of filing the record, other

procedures, and standards for reviewing the discovery

master's orders, findings, and recommendations, and

f. the basis, terms, and procedure for fixing the

discovery master's compensation under subsection G of

this section.

The court shall have the discretion to direct the discovery

master to circulate a proposed appointing order to the parties and

provide a time period for the parties to comment prior to the

order's entry.

3. Amending. The order may be amended at any time after notice

to the parties and an opportunity to be heard.

Oklahoma Statutes - Title 12. Civil Procedure Page 498

4. Oath. Before the appointing order shall take effect, the

discovery master shall execute and file an oath that he or she will

faithfully execute the duties imposed by the order of appointment

and any amendments thereto.

D. Discovery Master's Authority.

1. In General. Unless the appointing order directs otherwise,

a discovery master may:

a. regulate all proceedings and respond to all discovery

motions of the parties within the scope of

appointment, including resolving all discovery

disputes between the parties,

b. call discovery conferences under Rule 5 of the Rules

for District Courts, at the request of a party or on

the discovery master's own motion,

c. set procedures for the timing and orderly presentation

of discovery disputes for resolution,

d. take all appropriate measures to perform the assigned

duties fairly and efficiently, and

e. if conducting an evidentiary hearing, exercise the

appointing court's power to take and record evidence,

including compelling appearance of witnesses or

production of documents in connection with these

duties.

2. Sanctions. The discovery master may recommend any sanction

provided by Sections 2004.1, 3226.1 or 3237 of Title 12 of the

Oklahoma Statutes.

E. Discovery Master's Orders, Reports, and Recommendations. A

discovery master who issues an order, report or recommendation shall

file it and promptly serve a copy on each party. The clerk shall

enter the order, report or recommendation on the docket.

F. Action on the Discovery Master's Order, Report or

Recommendations.

1. Time to Object or Move to Adopt or Modify. A party may file

objections to or a motion to adopt or modify the discovery master's

order, report or recommendations no later than fourteen (14) days

after a copy is filed, unless this section or the court sets a

different time. If no objection or motion to adopt or modify is

filed, the district court may approve the discovery master's order,

report or recommendations without further notice or hearing.

2. Action Generally. Upon the filing of objections to or a

motion to adopt or modify the discovery master's order, report or

recommendations within the time permitted, any party may respond

within fifteen (15) days after the objections or motions are filed.

If objections and motions are decided by the court without a

hearing, the court shall notify the parties of its ruling by mail.

In acting on a discovery master's order, report or recommendations,

the court may receive evidence and may adopt or affirm, modify,

Oklahoma Statutes - Title 12. Civil Procedure Page 499

wholly or partly reject or reverse, or resubmit to the discovery

master with instructions.

3. Reviewing Factual Findings. The court shall decide de novo

all objections to findings of fact made or recommended by a

discovery master, unless the parties, with the court's approval,

stipulate that:

a. the findings will be reviewed for clear error, or

b. the findings of a discovery master appointed under

paragraph 1 of subsection A of this section will be

final.

4. Reviewing Legal Conclusions. The court shall decide de novo

all objections to conclusions of law made or recommended by a

discovery master.

5. Reviewing Procedural Matters. Unless the appointing order

establishes a different standard of review, the court may set aside

a discovery master's ruling on a procedural matter only for an abuse

of discretion.

G. Compensation.

1. Fixing Compensation. Before or after judgment, the court

shall fix the discovery master's compensation on the basis and terms

stated in the appointing order, but the court may set a new basis

and terms after giving notice and an opportunity to be heard.

2. Payment. The compensation shall be paid either:

a. by a party or parties, or

b. from a fund that is the subject of the specific action

or proceeding, or other subject matter of the specific

action or proceeding, to the extent such fund or

subject matter is within the court's control and

within the court's in rem jurisdiction. The

compensation shall not be paid from the court fund.

3. Allocating Payment. The court shall allocate payment after

considering the nature and amount of the controversy, the parties'

means, and the extent to which any party is more responsible than

other parties for the reference to a discovery master. An interim

allocation may be amended to reflect a decision on the merits.

H. Other Statutes. A referee or master appointed under the

authority of another statute or provision is subject to this section

only when the order referring a matter to the referee or master

states that the reference is made under this section. Nothing in

this section shall be construed to replace or supersede any other

statute or provision authorizing the appointment of a referee or

master.

I. A discovery master appointed pursuant to this section acting

in such capacity shall be immune from civil liability to the same

extent as a judge of a court of this state acting in a judicial

capacity.
Okla. Stat. tit. 12A, § 12A-15-112 — OK Code / Title 12A / Section 12A-15-112
Retention of electronic records; originals
Status: in_force

RETENTION OF ELECTRONIC RECORDS; ORIGINALS

(a) If a law requires that a record be retained, the

requirement is satisfied by retaining an electronic record of the

information in the record which:

(1) accurately reflects the information set forth in the record

after it was first generated in its final form as an electronic

record or otherwise; and

(2) remains accessible for later reference.

(b) A requirement to retain a record in accordance with

subsection (a) of this section does not apply to any information the

sole purpose of which is to enable the record to be sent,

communicated, or received.

(c) A person may satisfy subsection (a) of this section by

using the services of another person if the requirements of that

subsection are satisfied.

(d) If a law requires a record to be presented or retained in

its original form, or provides consequences if the record is not

presented or retained in its original form, that law is satisfied by

an electronic record retained in accordance with subsection (a) of

this section.

(e) If a law requires retention of a check, that requirement is

satisfied by retention of an electronic record of the information on

the front and back of the check in accordance with subsection (a) of

this section.

(f) A record retained as an electronic record in accordance

with subsection (a) of this section satisfies a law requiring a

person to retain a record for evidentiary, audit, or like purposes,

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 477

unless a law enacted after the effective date of this act

specifically prohibits the use of an electronic record for the

specified purpose.

(g) This section does not preclude a governmental agency of

this state from specifying additional requirements for the retention

of a record subject to the agency’s jurisdiction.
Okla. Stat. tit. 12, § 12-2411 — OK Code / Title 12 / Section 12-2411
Liability insurance
Status: in_force

Evidence of the existence of liability insurance is not

admissible upon the issue of negligence or wrongful action. This

section does not require the exclusion of evidence of liability

insurance where the question of possession of liability insurance is

itself an element of the action, or when offered for another

purpose, including proof of agency, ownership, control, bias or

prejudice of a witness.
Okla. Stat. tit. 12, § 12-142 — OK Code / Title 12 / Section 12-142
Action for collection on open account, statement of
Status: in_force

account, account stated, note or other instrument of indebtedness -

Contracts for goods, wares, merchandise, labor or services.

Oklahoma Statutes - Title 12. Civil Procedure Page 65

The venue of civil actions for the collection of an open

account, a statement of account, account stated, written or oral

contract relating to the purchase of goods, wares or merchandise,

labor or services, 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 laid as now

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. 12A, § 12A-8-507 — OK Code / Title 12A / Section 12A-8-507
Duty of Securities Intermediary to Comply with
Status: in_force

Entitlement Order.

Duty of Securities Intermediary to Comply with Entitlement

Order.

(a) A securities intermediary shall comply with an entitlement

order if the entitlement order is originated by the appropriate

person, the securities intermediary has had reasonable opportunity

to assure itself that the entitlement order is genuine and

authorized, and the securities intermediary has had reasonable

opportunity to comply with the entitlement order. A securities

intermediary satisfies the duty if:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 453

(1) the securities intermediary acts with respect to the

duty as agreed upon by the entitlement holder and the

securities intermediary; or

(2) in the absence of agreement, the securities

intermediary exercises due care in accordance with

reasonable commercial standards to comply with the

entitlement order.

(b) If a securities intermediary transfers a financial asset

pursuant to an ineffective entitlement order, the securities

intermediary shall reestablish a security entitlement in favor of

the person entitled to it, and pay or credit any payments or

distributions that the person did not receive as a result of the

wrongful transfer. If the securities intermediary does not

reestablish a security entitlement, the securities intermediary is

liable to the entitlement holder for damages.
Okla. Stat. tit. 12, § 12-1348 — OK Code / Title 12 / Section 12-1348
Issuance of warrant to prevent removal from jurisdiction
Status: in_force

Whenever it shall appear by affidavit that anyone is illegally

held in custody or restraint, and that there is good reason to

believe that such person will be carried out of the jurisdiction of

the court or judge before whom the application is made, or will

suffer some irreparable injury before compliance with the writ can

be enforced, such court or judge may cause a warrant to be issued,

reciting the facts, and directed to the sheriff or any constable of

the county, commanding him to take the person thus held in custody

or restraint, and forthwith bring him before the court or judge, to

be dealt with according to law.

R.L. 1910, § 4899.
Okla. Stat. tit. 12A, § 12A-5-111 — OK Code / Title 12A / Section 12A-5-111
Remedies
Status: in_force

Remedies.

(a) If an issuer wrongfully dishonors or repudiates its

obligation to pay money under a letter of credit before

presentation, the beneficiary, successor, or nominated person

presenting on its own behalf may recover from the issuer the amount

that is the subject of the dishonor or repudiation. If the issuer's

obligation under the letter of credit is not for the payment of

money, the claimant may obtain specific performance or, at the

claimant's election, recover an amount equal to the value of

performance from the issuer. In either case, the claimant may also

recover incidental but not consequential damages. The claimant is

not obligated to take action to avoid damages that might be due from

the issuer under this subsection. If, although not obligated to do

so, the claimant avoids damages, the claimant's recovery from the

issuer must be reduced by the amount of damages avoided. The issuer

has the burden of proving the amount of damages avoided. In the

case of repudiation the claimant need not present any document.

(b) If an issuer wrongfully dishonors a draft or demand

presented under a letter of credit or honors a draft or demand in

breach of its obligation to the applicant, the applicant may recover

damages resulting from the breach, including incidental but not

consequential damages, less any amount saved as a result of the

breach.

(c) If an adviser or nominated person other than a confirmer

breaches an obligation under this article or an issuer breaches an

obligation not covered in subsection (a) or (b) of this section, a

person to whom the obligation is owed may recover damages resulting

from the breach, including incidental but not consequential damages,

less any amount saved as a result of the breach. To the extent of

the confirmation, a confirmer has the liability of an issuer

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 389

specified in this subsection and subsections (a) and (b) of this

section.

(d) An issuer, nominated person, or adviser who is found liable

under subsection (a), (b), or (c) of this section shall pay interest

on the amount owed thereunder from the date of wrongful dishonor or

other appropriate date.

(e) Reasonable attorney's fees and other expenses of litigation

must be awarded to the prevailing party in an action in which a

remedy is sought under this article.

(f) Damages that would otherwise be payable by a party for

breach of an obligation under this article may be liquidated by

agreement or undertaking, but only in an amount or by a formula that

is reasonable in light of the harm anticipated.
Okla. Stat. tit. 12A, § 12A-3-419 — OK Code / Title 12A / Section 12A-3-419
Instruments Signed for Accommodation
Status: in_force

INSTRUMENTS SIGNED FOR ACCOMMODATION

(a) If an instrument is issued for value given for the benefit

of a party to the instrument ("accommodated party") and another

party to the instrument ("accommodation party") signs the instrument

for the purpose of incurring liability on the instrument without

being a direct beneficiary of the value given for the instrument,

the instrument is signed by the accommodation party "for

accommodation".

(b) An accommodation party may sign the instrument as maker,

drawer, acceptor, or indorser and, subject to subsection (d) of this

section, is obliged to pay the instrument in the capacity in which

the accommodation party signs. The obligation of an accommodation

party may be enforced notwithstanding any statute of frauds and

whether or not the accommodation party receives consideration for

the accommodation.

(c) A person signing an instrument is presumed to be an

accommodation party and there is notice that the instrument is

signed for accommodation if the signature is an anomalous

indorsement or is accompanied by words indicating that the signer is

acting as surety or guarantor with respect to the obligation of

another party to the instrument. Except as provided in Section 3-

605 of this title, the obligation of an accommodation party to pay

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 318

the instrument is not affected by the fact that the person enforcing

the obligation had notice when the instrument was taken by that

person that the accommodation party signed the instrument for

accommodation.

(d) If the signature of a party to an instrument is accompanied

by words indicating unambiguously that the party is guaranteeing

collection rather than payment of the obligation of another party to

the instrument, the signer is obliged to pay the amount due on the

instrument to a person entitled to enforce the instrument only if

(i) execution of judgment against the other party has been returned

unsatisfied, (ii) the other party is insolvent or in an insolvency

proceeding, (iii) the other party cannot be served with process, or

(iv) it is otherwise apparent that payment cannot be obtained from

the other party.

(e) If the signature of a party to an instrument is accompanied

by words indicating that the party guarantees payment or the signer

signs the instrument as an accommodation party in some other manner

that does not unambiguously indicate an intention to guarantee

collection rather than payment, the signer is obliged to pay the

amount due on the instrument to a person entitled to enforce the

instrument in the same circumstances as the accommodated party would

be obliged, without prior resort to the accommodated party by the

person entitled to enforce the instrument.

(f) An accommodation party that pays the instrument is entitled

to reimbursement from the accommodated party and is entitled to

enforce the instrument against the accommodated party. In proper

circumstances, an accommodation party may obtain relief that

requires the accommodated party to perform its obligations on the

instrument. An accommodated party that pays the instrument has no

right of recourse against, and is not entitled to contribution from,

an accommodation party.
Okla. Stat. tit. 12A, § 12A-1-9-806 — OK Code / Title 12A / Section 12A-1-9-806
When initial financing statement suffices to continue effectiveness of financing
Status: in_force

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 4effectiveness of financing statement.

WHEN INITIAL FINANCING STATEMENT SUFFICES

TO CONTINUE EFFECTIVENESS OF FINANCING STATEMENT

(a) The filing of an initial financing statement in the office

specified in Section 1-9-501 of Title 12A of the Oklahoma Statutes

continues the effectiveness of a financing statement filed before

this act takes effect if:

(1) the filing of an initial financing statement in that office

would be effective to perfect a security interest under Article 9 of

the Uniform Commercial Code as amended by this act;

(2) the pre-effective-date financing statement was filed in an

office in another state; and

(3) the initial financing statement satisfies subsection (c) of

this section.

(b) The filing of an initial financing statement under

subsection (a) of this section continues the effectiveness of the

pre-effective-date financing statement:

(1) if the initial financing statement is filed before this act

takes effect, for the period provided in Section 1-9-515 of Title

12A of the Oklahoma Statutes as it existed before amendment by this

act with respect to a financing statement; and

(2) if the initial financing statement is filed after this act

takes effect, for the period provided in Section 1-9-515 of Title

12A of the Oklahoma Statutes as amended by this act with respect to

an initial financing statement.

(c) To be effective for purposes of subsection (a) of this

section, an initial financing statement must:

(1) satisfy the requirements of Part 5 of Article 9 of the

Uniform Commercial Code as amended by this act for an initial

financing statement;

(2) identify the pre-effective-date financing statement by

indicating the office in which the financing statement was filed and

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 170

providing the dates of filing and file numbers, if any, of the

financing statement and of the most recent continuation statement

filed with respect to the financing statement; and

(3) indicate that the pre-effective-date financing statement

remains effective.
Okla. Stat. tit. 12A, § 12A-2A-104 — OK Code / Title 12A / Section 12A-2A-104
Leases Subject to Other Law
Status: in_force

LEASES SUBJECT TO OTHER LAW

(1) A lease, although subject to this article, is also subject

to any applicable:

(a) certificate of title statute of this state;

(b) certificate of title statute of another jurisdiction

(Section 2A-105 of this title); or

(c) consumer protection statute of this state, or final

consumer protection decision of a court of this state

existing on January 1, 1992.

(2) In case of conflict between this article, other than

Section 2A-105, subsection (3) of Section 2A-304, and subsection (3)

of Section 2A-305 of this title, and a statute or decision referred

to in subsection (1) of this section, the statute or decision

controls.

(3) Failure to comply with an applicable law has only the

effect specified therein.
Okla. Stat. tit. 12, § 12-709 — OK Code / Title 12 / Section 12-709
Effect of violation
Status: in_force

All orders and judgments rendered in the absence of proof of the

notice herein required and in violation of the provisions of this

section shall be void, and the court shall on its own motion vacate

and set aside same when the same is brought to its attention.
Okla. Stat. tit. 12, § 12-3007 — OK Code / Title 12 / Section 12-3007
Testimony or written admission of party
Status: in_force

Contents of a record may be proved by the testimony or

deposition of the party against whom offered or by that party’s

written admission without accounting for the nonproduction of the

original.
Okla. Stat. tit. 12, § 12-1083 — OK Code / Title 12 / Section 12-1083
Dismissal of any actions in which no pleadings have been
Status: in_force

filed for a year.

Any action in which no pleading has been filed or other action

taken for a year and in which no motion or demurrer has been pending

during any part of said year shall be dismissed without prejudice by

the court on its own motion after notice to the parties or their

Oklahoma Statutes - Title 12. Civil Procedure Page 208

attorneys of record; providing, the court may upon written

application and for good cause shown, by order in writing allow the

action to remain upon its docket.
Okla. Stat. tit. 12A, § 12A-2A-208 — OK Code / Title 12A / Section 12A-2A-208
Modification, rescission, and waiver
Status: in_force

MODIFICATION, RESCISSION, AND WAIVER

(1) An agreement modifying a lease contract needs no

consideration to be binding.

(2) A signed lease agreement that excludes modification or

rescission except by a signed record may not be otherwise modified

or rescinded, but, except as between merchants, such a requirement

on a form supplied by a merchant must be separately signed by the

other party.

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

satisfy the requirements of subsection (2) of this section, it may

operate as a waiver.

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

portion of a lease contract may retract the waiver by reasonable

notification received by the other party that strict performance

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

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

waiver.
Okla. Stat. tit. 12, § 12-1393 — OK Code / Title 12 / Section 12-1393
Affidavits on hearing
Status: in_force

On the hearing of an application for an injunction, each party

may read affidavits. All affidavits shall be filed.

R.L. 1910, § 4878.
Okla. Stat. tit. 12A, § 12A-2A-105 — OK Code / Title 12A / Section 12A-2A-105
Territorial application of article to goods covered by
Status: in_force

certificate of title.

TERRITORIAL APPLICATION OF ARTICLE TO GOODS

COVERED BY CERTIFICATE OF TITLE

Subject to the provisions of subsections (3) of Sections 34 and

35 of this act, with respect to goods covered by a certificate of

title issued under a statute of this state or of another

jurisdiction, compliance and the effect of compliance or

noncompliance with a certificate of title statute are governed by

the law, including the conflict of laws rules, of the jurisdiction

issuing the certificate until the earlier of:

(a) surrender of the certificate, or

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 238

(b) four (4) months after the goods are removed from

that jurisdiction and thereafter until a new certificate of title is

issued by another jurisdiction.
Okla. Stat. tit. 12, § 12-30 — OK Code / Title 12 / Section 12-30
Each case to be kept separate - Correction of case number
Status: in_force

or other identifying data.

The papers in each case shall be kept in a separate file marked

with the title and number of the case. If the court clerk discovers

a pleading or other paper which has been filed or submitted for

filing that bears an incorrect case number or other incorrect

identifying data, the court clerk shall correct the case number or

other incorrect identifying data and enter a notation on the docket

sheet of both cases recording the correction. The corrected

pleading or other paper shall be placed in the court file bearing

the corrected case number.

R.L. 1910, § 5330. Amended by Laws 1972, c. 119, § 2, emerg. eff.

March 31, 1972; Laws 1997, c. 239, § 3, eff. July 1, 1997.
Okla. Stat. tit. 12, § 12-2510.1 — OK Code / Title 12 / Section 12-2510.1
Crime stoppers organizations – Privileged
Status: in_force

communications – Orders for production of records.

A. As used in this section:

1. “Crime stoppers organization” means a private, nonprofit

organization that is certified by the Oklahoma Crime Stoppers

Association, accepts and expends donations for rewards to persons

who report to the organization information concerning criminal

activity and that forwards the information to the appropriate law

enforcement agency;

2. “Privileged communication” means a statement by any person

who wishes to remain anonymous to a certified crime stoppers

organization for the purpose of reporting alleged criminal activity;

and

3. “Certified” means crime stopper organizations that annually

meet the certification standards for crime stoppers programs

established by the Oklahoma Crime Stoppers Association to the extent

those standards do not conflict with state statutes. The term

"court" refers to all municipal and district courts within this

state.

B. Evidence of a privileged communication between a person

submitting a report of a criminal act to a certified crime stoppers

organization and the person who accepts the report on behalf of the

organization is not admissible in a court or an administrative

proceeding.

C. Records of a certified crime stoppers organization

concerning a privileged communication of criminal activity may not

be compelled to be produced before a court or other tribunal except

upon the motion of a criminal defendant to the court in which the

offense is being tried that the records or report contains evidence

that is exculpatory to the defendant in the trial of that offense.

D. Upon the motion of a defendant under subsection C of this

section, the court may issue an order for production of the records

or report. The court shall conduct an in camera inspection of

materials produced under the order to determine whether the records

or report contain evidence that is exculpatory to the defendant.

E. If the court determines that the records or report produced

contain evidence that is exculpatory to the defendant, the court

shall present the evidence to the defendant in a form that does not

disclose the identity of the person who was the source of the

evidence, unless the state or federal constitution requires the

disclosure of the identity of that person.

F. The court shall return to the certified crime stoppers

organization the records or report that are produced under this

Oklahoma Statutes - Title 12. Civil Procedure Page 464

section but not disclosed to the defendant. The certified crime

stoppers organization shall store the records or report until the

conclusion of the criminal trial and the expiration of the time for

all direct appeals in the case.Oklahoma Statutes - Title 12. Civil Procedure Page 28
Okla. Stat. tit. 12, § 12-2611.3 — OK Code / Title 12 / Section 12-2611.3
Short title
Status: in_force

Sections 1 through 9 of this act shall be known and may be cited

as the “Uniform Child Witness Testimony by Alternative Methods Act”.
Okla. Stat. tit. 12, § 12-1825 — OK Code / Title 12 / Section 12-1825
List of qualified mediators - Minimum requirements - Form
Status: in_force

of order of referral.

A. A district court may maintain a list of qualified mediators

to assist the parties in selecting a mediator. In order to be

placed on any such list, an individual shall meet the following

minimum requirements:

1. Civil and commercial mediators shall:

a. be certified pursuant to the Dispute Resolution Act,

or

b. (1) complete a minimum of twenty-four (24) hours of

mediation training, which training has been

approved by the Mandatory Continuing Legal

Education Commission of the Oklahoma Bar

Association,

(2) observe a minimum of two (2) mediation

proceedings, and

(3) complete at least six (6) hours every other year

of continuing professional education in the area

of mediation, which education has been approved

by the Mandatory Continuing Legal Education

Commission of the Oklahoma Bar Association; and

2. Divorce and Family Mediators shall:

a. be certified for family and divorce mediation pursuant

to the Dispute Resolution Act, or

b. (1) complete forty (40) hours of training in family

and divorce mediation, which training has been

approved by the Mandatory Continuing Legal

Education Commission of the Oklahoma Bar

Association,

(2) conduct at least twelve (12) hours of mediation

with three (3) separate families, and

(3) complete at least six (6) hours every other year

of professional education in the area of family

mediation, or

c. have been regularly engaged in the practice of family

and divorce mediation for at least four (4) years.

B. Nothing in this act shall preclude the parties from

agreeing:

1. To participate in any alternative dispute resolution

process, including mediation, independent of this act or any related

court order; or

2. To select a mediator not identified on any list of qualified

mediators maintained by the district court.

C. Mediators who are not certified pursuant to the Dispute

Resolution Act, upon request by the court, any party, or legal

Oklahoma Statutes - Title 12. Civil Procedure Page 352

counsel, shall provide information demonstrating the mediator's

compliance with the requirements of Section 4 of this act, and shall

agree to adhere to the Model Standards of Conduct for Mediators

approved by the Litigation and Dispute Resolution Sections of the

American Bar Association, the American Arbitration Association, and

the Society of Professionals in Dispute Resolution.

D. The following form shall be used to order mediation pursuant

to this act:

IN THE DISTRICT COURT OF ____________________ COUNTY

STATE OF OKLAHOMA

Order of Referral To Mediation

This case is ordered to mediation pursuant to the District Court

Mediation Act. Parties and legal counsel shall proceed in good

faith to resolve this case. The parties shall select and

contact a mediator or mediation program or service within five

(5) business days to make appropriate arrangements for the

mediation proceeding. Mediation shall be completed within _____

days from the date of this order.

Mediation shall be attended by persons with full settlement

authority. Both parties shall participate in mediation;

attorneys may participate as agreed by the parties and the

mediator. Named parties shall be present except for a named

party who has no interest in the outcome and no settlement

authority. Each party who is represented by legal counsel shall

be accompanied at mediation by an attorney who is fully familiar

with the case. In addition, any interested non-party, including

any insurance company or other entity that is contractually

required to defend or to pay damages, shall be represented by a

person with full settlement authority.
Okla. Stat. tit. 12, § 12-706 — OK Code / Title 12 / Section 12-706
Scope of section - Creation of lien - Judgment index -
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 11Execution of judgment - Effect of filing or recording a judgment -

Acceptance by county clerk.

Oklahoma Statutes - Title 12. Civil Procedure Page 118

A. Scope. This section applies to all judgments of courts of

record of this state, and judgments of courts of record of the

United States not subject to the registration procedures of the

Uniform Federal Lien Registration Act, which award the payment of

money, regardless of whether such judgments also include other

orders or relief.

B. Creation of Lien. A judgment to which this section applies

shall be a lien on the real estate of the judgment debtor within a

county only from and after a Statement of Judgment made by the

judgment creditor or the judgment creditor's attorney, substantially

in the form prescribed by the Administrative Director of the Courts,

has been filed in the office of the county clerk in that county.

1. Presentation of a Statement of Judgment and tender of the

filing fee, shall, upon acceptance by the county clerk, constitute

filing under this section.

2. A lien created pursuant to this section shall affect and

attach to all real property, including the homestead, of judgment

debtors whose names appear in the Statement of Judgment; however,

judgment liens on a homestead are exempt from forced sale pursuant

to Section 1 of Title 31 of the Oklahoma Statutes and Section 2 of

Article XII of the Oklahoma Constitution.

C. Judgment Index. A judgment index shall be kept by each

county clerk in which the name of each person named as a judgment

debtor in a Statement of Judgment filed with the county clerk shall

appear in alphabetical order.

1. It shall be the duty of the county clerk, immediately after

the filing of the Statement of Judgment, to make in the judgment

index a separate entry in alphabetical order of the name of each

judgment debtor named therein, which entry shall also contain the

name(s) of the judgment creditor(s), the name of the court which

granted the judgment, the number and style of the case in which the

judgment was filed, the amount of the judgment, including interest,

costs and attorney's fees if shown on the Statement of Judgment, the

date of the filing of the judgment with the court clerk of the court

which granted it, and the date of filing of the Statement of

Judgment with the county clerk.

2. It shall also be the duty of the county clerk, immediately

after the filing of a Release of Judgment Lien, to make a notation

in each entry in the judgment index made when any Statement of

Judgment was filed with respect to the judgment being released, of

the date of filing of the Release with the county clerk, the name of

the judgment creditor on whose behalf the Release is filed, and

whether the Release states that it is only a partial Release.

D. Execution of Judgment. Execution shall be issued only from

the court which granted the judgment being enforced.

E. Release of Lien of Judgment. The lien of a judgment upon

the real estate of judgment debtor in any county, which has not

Oklahoma Statutes - Title 12. Civil Procedure Page 119

become unenforceable by operation of law, is released only upon the

filing in the office of the county clerk in that county of a Release

of Judgment Lien, or a copy thereof certified by the court clerk of

the court which granted the judgment.

1. A judgment lien may be released, in whole or in part, by

filing a Release of Judgment Lien with the county clerk by the

judgment creditor or his or her attorney.

a. A Release of Judgment Lien shall either recite the

name of the court which granted the judgment, the

number and style of the case, the name of each

judgment debtor with respect to whom the lien is being

released, the name of each judgment creditor in favor

of whom the lien was created, or otherwise adequately

identify the judgment lien being released and the

judgment debtor against whom the lien is indexed. The

Administrative Director of the Courts shall prescribe

a form of Release of Judgment which may be used at the

option of the judgment creditor.

b. If the release is only partial, it shall also contain

a description of the lands then being released from

the judgment lien or identify the particular judgment

debtors, if less than all, with respect to whom the

lien is then being released, or both, as the case may

be.

c. A Release of Judgment Lien may also be filed with the

court clerk of the court which granted the judgment

but filing with the court clerk does not release any

judgment lien created pursuant to this section.

2. The lien of any judgment which has been satisfied in full,

vacated or become dormant or otherwise unenforceable and which has

not been released by the judgment creditor shall be released by the

court upon written motion.

a. The motion shall be accompanied by an affidavit

stating the grounds for the motion, and shall contain

or be accompanied by a notice to the judgment creditor

that, if the judgment creditor does not file with the

court a response or objection to the motion within

fifteen (15) days after the mailing of a copy of the

motion to the judgment creditor, the court will order

the judgment lien released.

b. A copy of the motion shall be mailed by certified mail

by the party seeking release of the lien to the

judgment creditor at the last-known address of the

judgment creditor, and to the attorney of record of

the judgment creditor, if any. There shall be

attached to the filed motion, and to each copy of the

motion to be mailed, a Certificate of Mailing showing

Oklahoma Statutes - Title 12. Civil Procedure Page 120

to whom copies of the motion were mailed, the

addresses to which they were mailed, and the date of

mailing.

c. If the judgment creditor does not file a response or

objection to the motion within fifteen (15) days after

the mailing of a copy of the motion, the court shall

order the judgment lien released.

d. When a judgment lien is ordered released by the court,

the court shall cause a Release of Judgment Lien, in

the form provided by the Administrative Director of

the Courts, to be prepared. Instructions shall be

printed on such form advising the judgment debtor to

file the Release in the office of the county clerk of

the county in which the real estate is situated in

order to obtain the release of the lien of the

judgment upon the real estate of the judgment debtor

in such county.

e. The party filing the motion for release shall pay all

costs of the proceeding and any recording fees.

F. Effect of Filing or Recording a Judgment. The filing or

recording of a judgment itself in the office of a county clerk on or

after October 1, 1993, shall not be effective to create a general

money judgment lien upon real estate, but a certified copy of a

judgment may be recorded in such office for the purpose of giving

notice of its contents whether or not recording is required by law.

G. Acceptance by County Clerk. The county clerk shall accept

for filing and file any Statement of Judgment or Release of Judgment

Lien without requiring any formalities of execution other than those

provided in this section.
Okla. Stat. tit. 12, § 12-1276.1 — OK Code / Title 12 / Section 12-1276.1
Renumbered as § 68 of this title by Laws 1977, c. 26, §
Status: in_force

2, eff. Oct. 1, 1977.
Okla. Stat. tit. 12, § 12-1141.3 — OK Code / Title 12 / Section 12-1141.3
Procedures alternative to quiet title action to remove
Status: in_force

cloud on title.

A. Any person or any entity having an interest or claiming an

interest with respect to any parcel of real property who in good

faith asserts that there is an instrument filed in the real property

records of the county in which the real property, or some portion of

the real property, is located and who would otherwise be required to

file a quiet title action with respect to the parcel pursuant to the

provisions of Section 1141 of Title 12 of the Oklahoma Statutes, may

use the procedures authorized by this act to attempt to remove a

cloud or an apparent cloud on the title of the real property by

requesting a respondent to prepare a curative instrument or to take

corrective action.

B. The provisions of this act are permissive and shall not be

required as a condition precedent to the filing of a petition to

quiet title pursuant to Section 1141 of Title 12 of the Oklahoma

Statutes.

C. If making a request pursuant to this act, the requestor

shall send a notice to the respondent which shall include:

1. The specific identity of the person or entity requesting the

respondent to execute or to execute and deliver a curative

instrument or take other corrective action the purpose of which is

to remove a cloud or an apparent cloud on the title of the subject

parcel;

2. A specific identification of the conveyance, instrument or

other document, by reference to:

a. the county or counties in which the instrument or

document is filed for record,

b. the book and page number in which the instrument or

other document is recorded,

c. the identity of the grantor or the person or entity

subscribing the instrument, (if different than the

identified grantor),

d. the identity of the grantee or grantees,

e. the legal description of the real property contained

in the instrument,

f. the date the instrument was executed,

g. the date the instrument was filed for record, and

h. such other information as may be required in order for

the respondent to know with reasonable certainty the

exact instrument or instruments to which the requestor

is referring;

3. The nature of the assertion by the requestor regarding the

effect of the instrument or document as a cloud or an apparent cloud

upon the title of the subject parcel; and

Oklahoma Statutes - Title 12. Civil Procedure Page 218

4. The nature of the corrective action sought by the requestor,

including, but not limited to, the exact instrument or conveyance

which the requestor would accept from the respondent as a curative

instrument or other corrective action.

D. The requestor shall prepare and send with the notice the

exact instrument or conveyance which the requestor would accept from

the respondent as a curative instrument or other corrective action.
Okla. Stat. tit. 12, § 12-729.16 — OK Code / Title 12 / Section 12-729.16
Construction to effectuate general purpose of act
Status: in_force

This act shall be applied and construed to effectuate its

general purpose to make uniform the law with respect to the subject

of this act among states enacting it.
Okla. Stat. tit. 12A, § 12A-4A-501 — OK Code / Title 12A / Section 12A-4A-501
Variation by agreement and effect of funds-transfer
Status: in_force

system rule.

VARIATION BY AGREEMENT AND EFFECT OF FUNDS-TRANSFER SYSTEM RULE

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 377

(a) Except as otherwise provided in this Article, the rights

and obligations of a party to a funds transfer may be varied by

agreement of the affected party.

(b) "Funds-transfer system rule" means a rule of an association

of banks (i) governing transmission of payment orders by means of a

funds-transfer system of the association or rights and obligations

with respect to those orders, or (ii) to the extent the rule governs

rights and obligations between banks that are parties to a funds

transfer in which a Federal Reserve Bank, acting as an intermediary

bank, sends a payment order to the beneficiary's bank. Except as

otherwise provided in this Article, a funds-transfer system rule

governing rights and obligations between participating banks using

the system may be effective even if the rule conflicts with this

Article and indirectly affects another party to the funds transfer

who does not consent to the rule. A funds-transfer system rule may

also govern rights and obligations of parties other than

participating banks using the system to the extent stated in

subsection (c) of Section 29, subsection (d) of Section 30, and

subsection (c) of Section 38 of this act.
Okla. Stat. tit. 12, § 12-2615 — OK Code / Title 12 / Section 12-2615
Exclusion of witnesses
Status: in_force

At the request of a party the court shall order witnesses

excluded so that they cannot hear the testimony of other witnesses.

The court may make the order of its own motion. This rule does not

authorize exclusion of:

1. A party who is a natural person;

2. An officer or employee of a party which is not a natural

person designated as its representative by its attorney;

3. A person whose presence is shown by a party to be essential

to the presentation of the party's cause;

4. A parent, other relative, or next friend of a child as

defined by Section 1-1-105 of Title 10A of the Oklahoma Statutes who

is called to testify when the court deems it to be in the best

interests of the child and the interests of justice; or

5. The victim of an alleged criminal offense or a

representative, parent or other relative of said victim, in any

criminal prosecution, upon the motion of the state to bar such

exclusion, unless the court finds such exclusion to be in the

interest of justice.

Oklahoma Statutes - Title 12. Civil Procedure Page 476
Okla. Stat. tit. 12, § 12-754 — OK Code / Title 12 / Section 12-754
Penalty
Status: in_force

Anyone violating the provisions of this act shall be punished by

a fine not to exceed One Hundred Dollars ($100.00) or confinement in

the county jail not to exceed thirty (30) days or both.
Okla. Stat. tit. 12A, § 12A-1-9-510 — OK Code / Title 12A / Section 12A-1-9-510
Effectiveness of filed record
Status: in_force

EFFECTIVENESS OF FILED RECORD

(a) A filed record is effective only to the extent that it was

filed by a person that may file it under Section 1-9-509 of this

title.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 113

(b) A record authorized by one secured party of record does not

affect the financing statement with respect to another secured party

of record.

(c) A continuation statement that is not filed within the six-

month period prescribed by subsection (d) of Section 1-9-515 of this

title is ineffective.
Okla. Stat. tit. 12, § 12-140.3 — OK Code / Title 12 / Section 12-140.3
Forum non conveniens – Considerations in motions to
Status: in_force

stay, transfer or dismiss.

A. If the court, upon motion by a party or on the court's own

motion, finds that, in the interest of justice and for the

convenience of the parties, an action would be more properly heard

in another forum either in this state or outside this state, the

court shall decline to exercise jurisdiction under the doctrine of

forum non conveniens and shall stay, transfer or dismiss the action.

B. In determining whether to grant a motion to stay, transfer

or dismiss an action pursuant to this section, the court shall

consider:

Oklahoma Statutes - Title 12. Civil Procedure Page 64

1. Whether an alternate forum exists in which the action may be

tried;

2. Whether the alternate forum provides an adequate remedy;

3. Whether maintenance of the action in the court in which the

case is filed would work a substantial injustice to the moving

party;

4. Whether the alternate forum can exercise jurisdiction over

all the defendants properly joined in the action of the plaintiff;

5. Whether the balance of the private interests of the parties

and the public interest of the state predominate in favor of the

action being brought in an alternate forum; and

6. Whether the stay, transfer or dismissal would prevent

unreasonable duplication or proliferation of litigation.
Okla. Stat. tit. 12, § 12-1171.1 — OK Code / Title 12 / Section 12-1171.1
Money earned from prejudgment garnishment - Exemption
Status: in_force

A. Money that was earned by a natural person as wages, salary,

bonus or commission for personal services shall be exempt from

garnishment issued before judgment of the trial court except as

provided for support in a divorce proceeding interlocutory order

pursuant to this title, and as otherwise specifically provided by

statute.

B. Seventy-five percent (75%) of all earnings for personal or

professional services earned during the last ninety (90) days shall

be exempt from garnishment except for collection of child support

obligations.
Okla. Stat. tit. 12A, § 12A-2-704 — OK Code / Title 12A / Section 12A-2-704
Seller's Right to Identify Goods to the Contract
Status: in_force

Notwithstanding Breach or to Salvage Unfinished Goods.

(1) An aggrieved seller under the preceding section may

(a) identify to the contract conforming goods not already

identified if at the time he learned of the breach they are in his

possession or control;

(b) treat as the subject of resale goods which have

demonstrably been intended for the particular contract even though

those goods are unfinished.

(2) Where the goods are unfinished an aggrieved seller may in

the exercise of reasonable commercial judgment for the purposes of

avoiding loss and of effective realization either complete the

manufacture and wholly identify the goods to the contract or cease

manufacture and resell for scrap or salvage value or proceed in any

other reasonable manner.
Okla. Stat. tit. 12A, § 12A-8-307 — OK Code / Title 12A / Section 12A-8-307
Purchaser's Right to Requisites for Registration of
Status: in_force

Transfer.

Purchaser's Right to Requisites for Registration of Transfer.

Unless otherwise agreed, the transferor of a security on due

demand shall supply the purchaser with proof of authority to

transfer or with any other requisite necessary to obtain

registration of the transfer of the security, but if the transfer is

not for value, a transferor need not comply unless the purchaser

pays the necessary expenses. If the transferor fails within a

reasonable time to comply with the demand, the purchaser may reject

or rescind the transfer.
Okla. Stat. tit. 12, § 12-1873 — OK Code / Title 12 / Section 12-1873
Award confirmation
Status: in_force

After a party to an arbitration proceeding receives notice of an

award, the party may make an application and motion to the court for

an order confirming the award at which time the court shall issue a

confirming order unless the award is modified or corrected pursuant

to Section 21 or 25 of this act or is vacated pursuant to Section 24

of this act.

Oklahoma Statutes - Title 12. Civil Procedure Page 367
Okla. Stat. tit. 12, § 12-849 — OK Code / Title 12 / Section 12-849
Examination under oath - Answer by corporation
Status: in_force

The party or witness may be required to attend before the judge,

or before a referee appointed by the judge. When a corporation is

required to attend, the answers on its behalf shall be made by an

officer thereof. All examinations and answers before a judge or a

referee must be on oath.

R.L. 1910, § 5197. Amended by Laws 1965, c. 300, § 5.
Okla. Stat. tit. 12, § 12-737 — OK Code / Title 12 / Section 12-737
Priority among executions
Status: in_force

When two or more writs of execution against the same debtor

shall be sued out during the term in which judgment was rendered, or

within ten (10) days thereafter, and when two or more writs of

execution against the same debtor shall be delivered to the officer

on the same day, no preference shall be given to either of such

writs; but if a sufficient sum of money be not made to satisfy all

such executions, the amount made shall be distributed to the several

creditors in proportion to the amount of their respective demands.

In all other cases, the writ of execution first delivered to the

officer shall be first satisfied. And it shall be the duty of the

officer to endorse on every writ of execution the time when he

received the same; but nothing herein contained shall be so

construed as to affect any preferable lien which one or more of the

judgments, on which execution issued, may have on the lands of the

judgment debtor.

R.L. 1910, § 5155.
Okla. Stat. tit. 12, § 12-22 — OK Code / Title 12 / Section 12-22
Books to be kept by district clerk
Status: in_force

The clerk of the district court shall keep an appearance docket,

a trial docket, a journal and such other records as may be ordered

by the court or required by law.

R.L. 1910, § 5322. Amended by Laws 1988, c. 102, § 2, eff. Nov. 1,

1988; Laws 1990, c. 251, § 18, eff. Jan. 1, 1991; Laws 1991, c. 251,

§ 1, eff. June 1, 1991; Laws 1993, c. 351, § 7, eff. Oct. 1, 1993.
Okla. Stat. tit. 12, § 12-1243 — OK Code / Title 12 / Section 12-1243
Action and attachment against fraudulent debtor
Status: in_force

Where a debtor has sold, conveyed or otherwise disposed of his

property with the fraudulent intention of cheating or defrauding his

creditors, or to hinder or delay them in the collection of their

debts, or is about to make such sale or conveyance or disposition of

his property with such fraudulent intent, or is about to remove his

property or a material part thereof, with intent or to the effect of

cheating or defrauding his creditors or of hindering or delaying

Oklahoma Statutes - Title 12. Civil Procedure Page 268

them in the collection of their debts, a creditor may bring an

action upon his claim before it is due, and have an attachment

against the property of the debtor as in other cases; but before

such attachment shall be issued or such action maintained, the

plaintiff or his agent or attorney shall make oath in writing

setting forth the grounds of such attachment as in other cases, and

also showing the nature of plaintiff's claim that it is just, when

the same will become due, and the existence of some one or more of

the grounds for an attachment enumerated in this section.

R.L. 1910, § 4864.
Okla. Stat. tit. 12, § 12-3009.1 — OK Code / Title 12 / Section 12-3009.1
Personal injury suits – Medical bills - Evidence
Status: in_force

A. Upon the trial of any civil action arising from personal

injury, the actual amounts paid for any services in the treatment of

the injured party, including doctor bills, hospital bills, ambulance

service bills, drug and other prescription bills, and similar bills

shall be the amounts admissible at trial, not the amounts billed for

such expenses incurred in the treatment of the party. If, in

addition to evidence of payment, a party submits a signed statement

acknowledged by the medical provider or an authorized representative

or sworn testimony that the provider will accept the amount paid as

full payment of the obligations, the statement or testimony shall be

admitted into evidence. The statement or testimony shall be part of

the record as an exhibit but need not be shown to the jury. If a

medical provider has filed a lien in the case for an amount in

excess of the amount paid, then the bills in excess of the amount

paid, but not more than the amount of the lien, shall be admissible.

B. If no payment has been made, the Medicare reimbursement

rates in effect when the personal injury occurred, not the amounts

billed, shall be admissible if, in addition to evidence of

nonpayment, a party submits a signed statement acknowledged by the

medical provider or an authorized representative or sworn testimony

that the provider will accept payment at the Medicare reimbursement

rate less cost of recovery as provided in Medicare regulations as

full payment of the obligation. The statement or testimony shall be

admitted into evidence and shall be part of the record as an exhibit

Oklahoma Statutes - Title 12. Civil Procedure Page 494

but need not be shown to the jury. If a medical provider has filed

a lien in the case for an amount in excess of the Medicare rate,

then the bills in excess of the amount of the Medicare rate, but not

more than the amount of the lien, shall be admissible.

C. If no bills have been paid, or no statement acknowledged by

the medical provider or sworn testimony as provided in subsections A

and B of this section is provided to the opposing party and listed

as an exhibit by the final pretrial hearing, then the amount billed

shall be admissible at trial subject to the limitations regarding

any lien filed in the case.

D. This section shall apply to civil actions arising from

personal injury filed on or after November 1, 2015.
Okla. Stat. tit. 12A, § 12A-2A-301 — OK Code / Title 12A / Section 12A-2A-301
Enforceability of lease contract
Status: in_force

ENFORCEABILITY OF LEASE CONTRACT

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 249

Except as otherwise provided in this article, a lease contract

is effective and enforceable according to its terms between the

parties, against purchasers of the goods and against creditors of

the parties.
Okla. Stat. tit. 12, § 12-1760 — OK Code / Title 12 / Section 12-1760
Attachment or garnishment - Depositions - Interrogatories
Status: in_force

- New parties - Intervention.

No attachment or prejudgment garnishment shall issue in any suit

under the small claims procedure. Proceedings to enforce or collect

a judgment rendered by the trial court in a suit under the small

claims procedure shall be in all respects as in other cases;

provided, however, judgments, other than default judgments, for the

payment of money may be enforced or collected as prescribed in

Section 4 of this act. No depositions shall be taken or

interrogatories or other discovery proceeding shall be used under

the small claims procedure except in aid of execution. No new

parties shall be brought into the action, and no party shall be

allowed to intervene in the action.
Okla. Stat. tit. 12, § 12-1600.34a — OK Code / Title 12 / Section 12-1600.34a
Renumbered as § 340 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12, § 12-1775 — OK Code / Title 12 / Section 12-1775
Short title — Oklahoma Expedited Actions Act
Status: in_force

Sections 1 through 8 of this act shall be known and may be cited

as the “Oklahoma Expedited Actions Act”.
Okla. Stat. tit. 12A, § 12A-8-403 — OK Code / Title 12A / Section 12A-8-403
Demand that Issuer not Register Transfer
Status: in_force

Demand that Issuer not Register Transfer.

(a) A person who is an appropriate person to make an

indorsement or originate an instruction may demand that the issuer

not register transfer of a security by communicating to the issuer a

notification that identifies the registered owner and the issue of

which the security is a part and provides an address for

communications directed to the person making the demand. The demand

is effective only if it is received by the issuer at a time and in a

manner affording the issuer reasonable opportunity to act on it.

(b) 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 after a demand that the issuer not register

transfer has become effective, the issuer shall promptly communicate

to (i) the person who initiated the demand at the address provided

in the demand and (ii) the person who presented the security for

registration of transfer or initiated the instruction requesting

registration of transfer a notification stating that:

(1) the certificated security has been presented for

registration of transfer or instruction for

registration of transfer of the uncertificated

security has been received;

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

previously been received; and

(3) the issuer will withhold registration of transfer for

a period of time stated in the notification in order

to provide the person who initiated the demand an

opportunity to obtain legal process or an indemnity

bond.

(c) The period described in paragraph (3) of subsection (b) of

this section may not exceed thirty (30) days after the date of

communication of the notification. A shorter period may be

specified by the issuer if it is not manifestly unreasonable.

(d) An issuer is not liable to a person who initiated a demand

that the issuer not register transfer for any loss the person

suffers as a result of registration of a transfer pursuant to an

effective indorsement or instruction if the person who initiated the

demand does not, within the time stated in the issuer's

communication, either:

(1) obtain an appropriate restraining order, injunction,

or other process from a court of competent

jurisdiction enjoining the issuer from registering the

transfer; or

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 447

(2) file with the issuer an indemnity bond, sufficient in

the issuer's judgment to protect the issuer and any

transfer agent, registrar, or other agent of the

issuer involved from any loss it or they may suffer by

refusing to register the transfer.

(e) This section does not relieve an issuer from liability for

registering transfer pursuant to an indorsement or instruction that

was not effective.
Okla. Stat. tit. 12, § 12-2201 — OK Code / Title 12 / Section 12-2201
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, § 12-1173 — OK Code / Title 12 / Section 12-1173
Noncontinuing earnings garnishment - Summons - Answer -
Status: in_force

Priority of lien.

A. Any judgment creditor may obtain a noncontinuing lien on

earnings. For the purposes of this section, "earnings" means any

form of payment to an individual including, but not limited to,

salary, commission, or other compensation, but does not include

reimbursements for travel expenses for state employees.

B. A noncontinuing earnings garnishment shall be commenced by

filing the affidavit provided for by Section 1172 of this title.

C. The form for the summons required by this section shall be

prescribed by the Oklahoma Bar Association. The Administrative

Office of the Courts shall provide public access to the summons by

providing a link to the form on the Oklahoma State Courts Network

(OSCN) website.

D. The summons shall be served upon the garnishee, together

with a copy of the judgment creditor's affidavit, a garnishee's

answer form, notice of garnishment and request for hearing, and

claim for exemptions, in the manner provided for in Section 2004 of

this title and shall be returned with proof of service within ten

(10) days of its date.

E. The garnishee's answer shall be on a form prescribed by the

Oklahoma Bar Association. The Administrative Office of the Courts

shall provide public access to the garnishee's answer by providing a

link to the form on the Oklahoma State Courts Network (OSCN)

website.

F. Within seven (7) days after the end of the defendant's then-

current pay period or thirty (30) days from the date of service of

the garnishment summons, whichever is earlier, the garnishee shall

file the answer with the court clerk and the garnishee shall pay the

amount withheld from the pay period to the judgment creditor's

attorney or to the judgment creditor, if there is no attorney, with

a copy of the answer which shall state:

1. Whether the garnishee was the employer of or indebted or

under any liability to the defendant named in the notice in any

manner or upon any account for earnings or wages, specifying, as

applicable, the beginning and ending dates of the pay period

existing at the time of the service of the affidavit and summons,

the total amounts earned in the pay period, and all of the facts and

circumstances necessary to a complete understanding of the

indebtedness or liability. When the garnishee shall be in doubt

respecting the liability or indebtedness, the garnishee may set

forth all of the facts and circumstances concerning the same, and

submit the question to the court;

Oklahoma Statutes - Title 12. Civil Procedure Page 244

2. If the garnishee shall claim any setoff, defense, other

indebtedness, liability, lien, or claim to the property, the facts

and circumstances in the affidavit;

3. At the garnishee's option, any claim of exemption from

execution on the part of the defendant or other objection known to

the garnishee against the right of the judgment creditor to apply

the indebtedness or property disclosed;

4. If the garnishee shall disclose any indebtedness or the

possession of any property to which the defendant or any other

person makes claim, at the garnishee's option, the names and

addresses of other claimants and, so far as known, the nature of 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.

G. The garnishment summons served on the garnishee under this

section is a lien on the defendant's property due at the time of

service or the effective date of the summons to the extent the

property is not exempt from garnishment.

H. 1. A garnishment lien under this section has priority over

any subsequent garnishment lien or garnishment summons served on the

garnishee.

2. When a garnishment summons is served under this section on a

garnishee while a previous garnishment lien is still in effect, the

garnishee shall answer the subsequent garnishment lien or

garnishment summons by stating that the garnishee is presently

holding defendant's property under a previous garnishment lien or

garnishment summons and by giving the date when all previous

garnishment liens or garnishment summonses are expected to end.

I. 1. When a postjudgment noncontinuing earnings garnishment

under this section or a continuing earnings garnishment under

Section 1173.4 of this title is issued against a defendant already

subject to an income assignment for child support, the garnishee

shall determine the maximum percentage of the defendant's disposable

earnings according to the provisions of Section 1171.2 of this title

and then deduct from that percentage the actual percentage of the

defendant's disposable earnings actually withheld under the income

assignment. The resulting percentage shall be the amount to be

withheld by the garnishee, not to exceed twenty-five percent (25%).

2. For any involuntary legal or equitable procedures through

which the earnings of any individual are required to be withheld for

the payment of any debt which has statutory priority over this

section, the amount withheld pursuant to a garnishment under this

section shall be reduced by the actual sums withheld pursuant to

such other involuntary process.

J. A noncontinuing earnings garnishment may be suspended or

modified by the judgment creditor upon agreement with the judgment

Oklahoma Statutes - Title 12. Civil Procedure Page 245

debtor, which agreement shall be in writing and filed by the

judgment creditor with the clerk of the court in which the judgment

was entered. A copy of such agreement shall be mailed by first

class mail to the garnishee, postage prepaid by judgment creditor.

R.L. 1910, § 4824. Amended by Laws 1965, c. 297, § 3; Laws 1974, c.

71, § 3, emerg. eff. April 15, 1974; Laws 1976, c. 87, § 5, emerg.

eff. May 4, 1976; Laws 1978, c. 190, § 3, eff. Oct. 1, 1978; Laws

1982, c. 159, § 1, emerg. eff. April 12, 1982; Laws 1983, c. 50, §

3, emerg. eff. April 26, 1983; Laws 1984, c. 22, § 1, emerg. eff.

March 20, 1984; Laws 1985, c. 297, § 14, operative Oct. 1, 1985;
Okla. Stat. tit. 12A, § 12A-1-9-608 — OK Code / Title 12A / Section 12A-1-9-608
Application of proceeds of collection or enforcement;
Status: in_force

liability for deficiency and right to surplus.

APPLICATION OF PROCEEDS OF COLLECTION OR ENFORCEMENT;

LIABILITY FOR DEFICIENCY AND RIGHT TO SURPLUS

(a) If a security interest or agricultural lien secures payment

or performance of an obligation, the following rules apply:

(1) A secured party shall apply or pay over for application the

cash proceeds of collection or enforcement under this section in the

following order to:

(A) the reasonable expenses of collection and enforcement

and, to the extent provided for by agreement and not

prohibited by law, reasonable attorney fees and legal

expenses incurred by the secured party;

(B) the satisfaction of obligations secured by the

security interest or agricultural lien under which the

collection or enforcement is made; and

(C) the satisfaction of obligations secured by any

subordinate security interest in or other lien on the

collateral subject to the security interest or

agricultural lien under which the collection or

enforcement is made if the secured party receives a

signed demand for proceeds before distribution of the

proceeds is completed.

(2) If requested by a secured party, a holder of a subordinate

security interest or other lien shall furnish reasonable proof of

the interest or lien within a reasonable time. Unless the holder

complies, the secured party need not comply with the holder's demand

under subparagraph (C) of paragraph (1) of this subsection.

(3) A secured party need not apply or pay over for application

noncash proceeds of collection and enforcement under this section

unless the failure to do so would be commercially unreasonable. A

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 141

secured party that applies or pays over for application noncash

proceeds shall do so in a commercially reasonable manner.

(4) A secured party shall account to and pay a debtor for any

surplus, and the obligor is liable for any deficiency.

(b) If the underlying transaction is a sale of accounts,

chattel paper, payment intangibles, or promissory notes, the debtor

is not entitled to any surplus, and the obligor is not liable for

any deficiency.
Okla. Stat. tit. 12, § 12-3315 — OK Code / Title 12 / Section 12-3315
Coercive or violent relationship
Status: in_force

COERCIVE OR VIOLENT RELATIONSHIP.

A. Before a prospective party signs a collaborative law

participation agreement, a prospective collaborative lawyer shall

make reasonable inquiry whether the prospective party has a history

of a coercive or violent relationship with another prospective

party.

B. Throughout a collaborative law process, a collaborative

lawyer reasonably and continuously shall assess whether the party

the collaborative lawyer represents has a history of a coercive or

violent relationship with another party.

C. If a collaborative lawyer reasonably believes that the party

the lawyer represents or the prospective party who consults the

lawyer has a history of a coercive or violent relationship with

another party or prospective party, the lawyer may not begin or

continue a collaborative law process unless:

1. The party or the prospective party requests beginning or

continuing a process; and

2. The collaborative lawyer reasonably believes that the safety

of the party or prospective party can be protected adequately during

a process.
Okla. Stat. tit. 12, § 12-3226.2 — OK Code / Title 12 / Section 12-3226.2
Commercial litigation funder and commercial litigation
Status: in_force

funding agreement defined.

As used in the Oklahoma Discovery Code:

1. "Commercial litigation funder" means any person or entity,

other than an attorney permitted to charge a contingent fee for

representing a party, that enters into a contract establishing a

right to receive compensation that is contingent on and sourced from

any proceeds of the civil action by settlement, judgment, or

otherwise. Commercial litigation funder shall not include a

consumer litigation funder as defined in Section 3-801 of Title 14A

of the Oklahoma Statutes; and

2. "Commercial litigation funding agreement" means an agreement

under which the commercial litigation funder is granted a right to

receive compensation contingent on and sourced from any proceeds of

a civil action by settlement, judgment, or otherwise. A commercial

litigation funding agreement shall not include:

a. legal representation services provided on a

contingency fee basis or legal costs advanced by a

legal representative where such services or costs are

provided to or on behalf of a client by an attorney

representing the party in the dispute and in

accordance with the Oklahoma Rules of Professional

Conduct,

b. an agreement entered into between an attorney or law

firm and a commercial litigation funder or any other

entity. Sharing of fees by an attorney or law firm

shall be in accordance with the Oklahoma Rules of

Professional Conduct including but not limited to

Oklahoma Statutes - Title 12. Civil Procedure Page 512

Rules 1.5 and 5.4 of Appendix 3-A of Title 5 of the

Oklahoma Statutes, or

c. a consumer litigation funding agreement as defined in

Section 3-801 of Title 14A of the Oklahoma Statutes.
Okla. Stat. tit. 12A, § 12A-4-303 — OK Code / Title 12A / Section 12A-4-303
When Items Subject to Notice, Stop-Payment Order, Legal
Status: in_force

Process, or Setoff; Order in Which Items May be Charged or

Certified.

WHEN ITEMS SUBJECT TO NOTICE, STOP-PAYMENT ORDER,

LEGAL PROCESS, OR SETOFF; ORDER IN WHICH ITEMS

MAY BE CHARGED OR CERTIFIED

(a) Any knowledge, notice, or stop-payment order received by,

legal process served upon, or setoff exercised by a payor bank comes

too late to terminate, suspend, or modify the bank's right or duty

to pay an item or to charge its customer's account for the item if

the knowledge, notice, stop-payment order, or legal process is

received or served and a reasonable time for the bank to act thereon

expires or the setoff is exercised after the earliest of the

following:

(1) The bank accepts or certifies the item;

(2) The bank pays the item in cash;

(3) The bank settles for the item without having a right

to revoke the settlement under statute,

clearing-house rule, or agreement;

(4) The bank becomes accountable for the amount of the

item under Section 4-302 of this title dealing with

the payor bank's responsibility for late return of

items; or

(5) With respect to checks, a cutoff hour no earlier than

one (1) hour after the opening of the next banking day

after the banking day on which the bank received the

check and no later than the close of that next banking

day or, if no cutoff hour is fixed, the close of the

next banking day after the banking day on which the

bank received the check.

(b) Subject to subsection (a) of this section, items may be

accepted, paid, certified, or charged to the indicated account of

its customer in any order.
Okla. Stat. tit. 12A, § 12A-2A-502 — OK Code / Title 12A / Section 12A-2A-502
Notice after default
Status: in_force

NOTICE AFTER DEFAULT

Except as otherwise provided in this article or the lease

agreement, the lessor or lessee in default under the lease contract

is not entitled to notice of default or notice of enforcement from

the other party to the lease agreement.
Okla. Stat. tit. 12A, § 12A-1-9-406 — OK Code / Title 12A / Section 12A-1-9-406
Discharge of account debtor; notification of
Status: in_force

assignment; identification and proof of assignment; restrictions on

assignment of accounts, chattel paper, payment intangibles, and

promissory notes ineffective.

DISCHARGE OF ACCOUNT DEBTOR; NOTIFICATION OF ASSIGNMENT;

IDENTIFICATION AND PROOF OF ASSIGNMENT; RESTRICTIONS ON

ASSIGNMENT OF ACCOUNTS, CHATTEL PAPER, PAYMENT

INTANGIBLES, AND PROMISSORY NOTES INEFFECTIVE

(a) Subject to subsections (b) through (k) of this section, an

account debtor on an account, chattel paper, or a payment intangible

may discharge its obligation by paying the assignor until, but not

after, the account debtor receives a notification, signed by the

assignor or the assignee, that the amount due or to become due has

been assigned and that payment is to be made to the assignee. After

receipt of the notification, the account debtor may discharge its

obligation by paying the assignee and may not discharge the

obligation by paying the assignor.

(b) Subject to subsections (h) and (k) of this section,

notification is ineffective under subsection (a) of this section:

(1) if it does not reasonably identify the rights assigned;

(2) to the extent that an agreement between an account debtor

and a seller of a payment intangible limits the account debtor's

duty to pay a person other than the seller and the limitation is

effective under law other than this article; or

(3) at the option of an account debtor, if the notification

notifies the account debtor to make less than the full amount of any

installment or other periodic payment to the assignee, even if:

(A) only a portion of the account, chattel paper, or

general intangible has been assigned to that assignee;

(B) a portion has been assigned to another assignee; or

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 100

(C) the account debtor knows that the assignment to that

assignee is limited.

(c) Subject to subsections (h) and (k) of this section, if

requested by the account debtor, an assignee shall seasonably

furnish reasonable proof that the assignment has been made. Unless

the assignee complies, the account debtor may discharge its

obligation by paying the assignor, even if the account debtor has

received a notification under subsection (a) of this section.

(d) (1) In this subsection, "promissory note" includes a

negotiable instrument that evidences chattel paper. Except as

otherwise provided in paragraph (2) of this subsection and

subsections (e) and (j) of this section and Sections 2A-303 and 1-9-

407 of this title, and subject to subsection (h) of this section, a

term in an agreement between an account debtor and an assignor or in

a promissory note is ineffective to the extent that it:

(A) prohibits, restricts, or requires the consent of the

account debtor or person obligated on the promissory

note to the assignment or transfer of, or the

creation, attachment, perfection, or enforcement of a

security interest in, the account, chattel paper,

payment intangible, or promissory note; or

(B) provides that the assignment or transfer or the

creation, attachment, perfection, or enforcement of

the security interest may give rise to a default,

breach, right of recoupment, claim, defense,

termination, right of termination, or remedy under the

account, chattel paper, payment intangible, or

promissory note.

(2) This subsection does not apply to the assignment or

transfer of or creation of a security interest in the following:

(A) a claim or right to receive compensation for injuries

or sickness as described in 26 U.S.C., Section 104assignment; restrictions on assignment of accounts, chattel paper, payment intangibles, andbreach, right of recoupment, claim, defense,

termination, right of termination, or remedy under the

account, chattel paper, payment intangible, or

promissory note.

(2) This subsection does not apply to the assignment or

transfer of or creation of a security interest in the following:

(A) a claim or right to receive compensation for injuries

or sickness as described in 26 U.S.C., Section 104

(a)(1) or (2), as amended from time to time;

(B) a claim or right to receive benefits under a special

needs trust as described in 42 U.S.C., Section

1396p(d)(4), as amended from time to time; or

(C) a structured settlement payment right as defined in

paragraph 16 of Section 3239 of Title 12 of the

Oklahoma Statutes to the extent of any conflict

between the Uniform Commercial Code and the Structured

Settlement Protection Act of 2001.

(e) Subsection (d) of this section does not apply to the sale

of a payment intangible or promissory note, other than a sale

pursuant to a disposition under Section 1-9-610 of this title or an

acceptance of collateral under Section 1-9-620 of this title.

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

section and Sections 2A-303 and 1-9-407 of this title and subject to

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 101

subsections (h) and (i) of this section, a rule of law, statute, or

regulation, that prohibits, restricts, or requires the consent of a

government, governmental body or official, or account debtor to the

assignment or transfer of, or creation of a security interest in, an

account or chattel paper is ineffective to the extent that the rule

of law, statute, or regulation:

(1) prohibits, restricts, or requires the consent of the

government, governmental body or official, or account debtor to the

assignment or transfer of, or the creation, attachment, perfection,

or enforcement of a security interest in, the account or chattel

paper; or

(2) provides that the assignment or transfer or the creation,

attachment, perfection, or enforcement of the security interest may

give rise to a default, breach, right of recoupment, claim, defense,

termination, right of termination, or remedy under the account or

chattel paper.

(g) Subject to subsections (h) and (k) of this section, an

account debtor may not waive or vary its option under paragraph (3)

of subsection (b) of this section.

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

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

individual and who incurred the obligation primarily for personal,

family, or household purposes.

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

care-insurance receivable.

(j) Subsections (d) and (f) of this section do not apply to a

security interest in an ownership interest in a general partnership,

limited partnership, or limited liability company.

(k) Subsections (a), (b), (c), and (g) of this section do not

apply to a controllable account or controllable payment intangible.
Okla. Stat. tit. 12A, § 12A-3-412 — OK Code / Title 12A / Section 12A-3-412
Obligation of Issuer of Note or Cashier's Check
Status: in_force

OBLIGATION OF ISSUER OF NOTE OR CASHIER'S CHECK

The issuer of a note or cashier's check or other draft drawn on

the drawer is obliged to pay the instrument (i) according to its

terms at the time it was issued or, if not issued, at the time it

first came into possession of a holder, or (ii) if the issuer signed

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

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

obligation is owed to a person entitled to enforce the instrument or

to an indorser who paid the instrument under Section 3-415 of this

title.
Okla. Stat. tit. 12, § 12-854 — OK Code / Title 12 / Section 12-854
Sheriff as receiver - Bond of receiver - Other person
Status: in_force

appointed receiver.

If the sheriff shall be appointed receiver, he and his sureties

shall be liable on his official bond for the faithful discharge of

his duties as receiver, and no additional oath shall be required of

him; if any other person shall be appointed receiver, he shall give

a written undertaking, in such sum as shall be prescribed by the

judge, with one or more sureties, to the effect that he will

faithfully discharge the duties of receiver, and he shall also take

an oath to the same effect before acting as such receiver. The

undertaking mentioned in this section shall be to the State of

Oklahoma, and actions may be prosecuted for a breach thereof, by any

Oklahoma Statutes - Title 12. Civil Procedure Page 169

person interested, in the same manner as upon a sheriff's official

bond.

R.L. 1910, § 5202.
Okla. Stat. tit. 12A, § 12A-4-404 — OK Code / Title 12A / Section 12A-4-404
Bank Not Obligated to Pay Check More Than Six Months
Status: in_force

Old.

A bank is under no obligation to a customer having a checking

account to pay a check, other than a certified check, which is

presented more than six (6) months after its date, but it may charge

its customer's account for a payment made thereafter in good faith.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 350
Okla. Stat. tit. 12, § 12-1239 — OK Code / Title 12 / Section 12-1239
Jurisdiction after issuance of order of attachment -
Status: in_force

Proceedings not abated by death or expiration of charter, etc.

From the time of the issuing of the order of attachment, the

court shall be deemed to have acquired jurisdiction and to have

control of all subsequent proceedings under the attachment; and if,

Oklahoma Statutes - Title 12. Civil Procedure Page 267

after the issuing of the order, the defendant, being a person,

should die, or a corporation, and its charter should expire by

limitation, forfeiture or otherwise, the proceedings shall be

carried on; but in all such cases, other than where the defendant

was a foreign corporation, his legal representatives shall be made

parties to the action.

R.L. 1910, § 4860.
Okla. Stat. tit. 12A, § 12A-3-404 — OK Code / Title 12A / Section 12A-3-404
Impostors; Fictitious Payees
Status: in_force

IMPOSTORS; FICTITIOUS PAYEES

(a) If an impostor, by use of the mails or otherwise, induces

the issuer of an instrument to issue the instrument to the impostor,

or to a person acting in concert with the impostor, by impersonating

the payee of the instrument or a person authorized to act for the

payee, an indorsement of the instrument by any person in the name of

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 308

the payee is effective as the indorsement of the payee in favor of a

person who, in good faith, pays the instrument or takes it for value

or for collection.

(b) If (i) a person whose intent determines to whom an

instrument is payable (subsection (a) or (b) of Section 3-110 of

this title) does not intend the person identified as payee to have

any interest in the instrument, or (ii) the person identified as

payee of an instrument is a fictitious person, the following rules

apply until the instrument is negotiated by special indorsement:

(1) Any person in possession of the instrument is its

holder; and

(2) An indorsement by any person in the name of the payee

stated in the instrument is effective as the

indorsement of the payee in favor of a person who, in

good faith, pays the instrument or takes it for value

or for collection.

(c) Under subsection (a) or (b) of this section, an indorsement

is made in the name of a payee if (i) it is made in a name

substantially similar to that of the payee or (ii) the instrument,

whether or not indorsed, is deposited in a depositary bank to an

account in a name substantially similar to that of the payee.

(d) With respect to an instrument to which subsection (a) or

(b) of this section applies, if a person paying the instrument or

taking it for value or for collection fails to exercise ordinary

care in paying or taking the instrument and that failure

substantially contributes to loss resulting from payment of the

instrument, the person bearing the loss may recover from the person

failing to exercise ordinary care to the extent the failure to

exercise ordinary care contributed to the loss.
Okla. Stat. tit. 12, § 12-411 — OK Code / Title 12 / Section 12-411
Privilege
Status: in_force

No testimony given by a witness before the House of

Representatives or the Senate, or before any committee established

by a Resolution of the House, or Senate, or Concurrent Resolution of

the two Houses of the Legislature, shall be used as evidence in any

criminal proceeding against him in any court, except in a

prosecution for perjury committed in giving such testimony. But an

official paper or record produced by him is not within the

privilege.
Okla. Stat. tit. 12A, § 12A-1-9-521 — OK Code / Title 12A / Section 12A-1-9-521
Uniform form of written financing statement and
Status: in_force

amendment.

UNIFORM FORM OF WRITTEN FINANCING STATEMENT AND AMENDMENT

(a) A filing office that accepts written records may not refuse

to accept a written initial financing statement in the following

form and format, except for a reason set forth in subsection (b) of

Section 1-9-516 of this title:

UCC FINANCING STATEMENT

FOLLOW INSTRUCTIONS

A. NAME AND PHONE OF CONTACT AT FILER (optional)

_____________________________________________

B. E-MAIL CONTACT AT FILER (optional)

C. SEND ACKNOWLEDGMENT TO: (Name and Address)

________________________________________

________________________________________ THE ABOVE SPACE IS FOR

________________________________________ FILING OFFICE USE ONLY

1. DEBTOR'S NAME – provide only one Debtor name (1a or 1b) – (use

exact, full name; do not omit, modify, or abbreviate any word

in the Debtor's name)

1a. ORGANIZATION'S NAME

_______________________________________________________________

OR 1b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME

_______________________________________________________________

ADDITIONAL NAME(S)/INITIAL(S) THAT ARE PART OF THE NAME OF THIS

DEBTOR SUFFIX

________________________________________ _______________

1c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY

_______________________________________________________________

2. DEBTOR'S NAME – provide only one Debtor name (2a or 2b)(use

exact, full name; do not omit, modify, or abbreviate any word

in the Debtor's name)

2a. ORGANIZATION'S NAME

_______________________________________________________________

OR 2b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME

_______________________________________________________________

ADDITIONAL NAME(S)/INITIAL(S) THAT ARE PART OF THE NAME OF THIS

DEBTOR SUFFIX

________________________________________ _______________

2c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY

_______________________________________________________________

3. SECURED PARTY'S NAME (or NAME of ASSIGNEE of ASSIGNOR SECURED

PARTY) – provide only one Secured Party name (3a or 3b)

3a. ORGANIZATION'S NAME

______________________________________________________________

OR 3b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME

_______________________________________________________________

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 123

ADDITIONAL NAME(S)/INITIAL(S) SUFFIX

________________________________________ __________________

3c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY

_______________________________________________________________

4. COLLATERAL: This financing statement covers the following

collateral:

_______________________________________________________________

5. Check only if applicable and check only one box:

Collateral is: [ ] held in a Trust (see instructions)

[ ] being administered by a Decedent's

Personal Representative.

6a. Check only if applicable and check only one box:

[ ] Public-Finance Transaction

[ ] Manufactured-Home Transaction

[ ] A Debtor is a Transmitting Utility

6b. Check only if applicable and check only one box:

[ ] Agricultural Lien [ ] Non-UCC Filing

7. ALTERNATIVE DESIGNATION (if applicable):

[ ] Lessee/Lessor

[ ] Consignee/Consignor

[ ] Seller/Buyer

[ ] Bailee/Bailor

[ ] Licensee/Licensor

8. OPTIONAL FILER REFERENCE DATA

_______________________________________________________________

UCC FINANCING STATEMENT (Form UCCI)

UCC FINANCING STATEMENT ADDENDUM

FOLLOW INSTRUCTIONS

9. NAME OF FIRST DEBTOR (same as item 1a or 1b on Financing

Statement)

9a. ORGANIZATION'S NAME

_______________________________________________________________

OR 9b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME

_________________________ __________________________

ADDITIONAL NAME(S)/INITIAL(S) SUFFIX

________________________________________ _______

________________________________________ THE ABOVE SPACE IS FOR

________________________________________ FILING OFFICE USE ONLY

10. ADDITIONAL DEBTOR'S NAME – provide only one Debtor name (10a or

10b) - (use exact, full name; do not omit, modify, or

abbreviate any word in the Debtor's name)

10a. ORGANIZATION'S NAME

_______________________________________________________________

OR 10b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME

___________________________ ___________________________

ADDITIONAL NAME(S)/INITIAL(S) THAT ARE PART OF THE NAME OF THIS

DEBTOR SUFFIX

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 124

________________________________________ _______________

10c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY

_______________________________________________________________

11. [ ] ADDITIONAL SECURED PARTY'S NAME or [ ] ASSIGNOR SECURED

PARTY'S NAME – provide only one name (11a or 11b)

11a. ORGANIZATION'S NAME

_______________________________________________________________

OR 11b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME

_______________________________________________________________

ADDITIONAL NAME(S)/INITIAL(S) SUFFIX

_______________________________________________ _______

11c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY

_______________________________________________________________

12. ADDITIONAL SPACE FOR ITEM 4 (Collateral)

______________________________________________________________

13. This FINANCING STATEMENT is to be filed (for record) (or

recorded) in the REAL ESTATE RECORDS (if applicable)

14. This FINANCING STATEMENT:

[ ] covers timber to be cut [ ] covers as-extracted

collateral [ ] is filed as a fixture filing

15. Name and address of a RECORD OWNER of the real estate described

in item 16 (if Debtor does not have record interest):

_______________________________________________________________

16. Description of real estate:

_______________________________________________________________

17. MISCELLANEOUS:

______________________________________________________________

(b) A filing office that accepts written records for filing may

not refuse to accept a written financing statement amendment in the

following form, except for a reason set forth in subsection (b) of

Section 1-9-516 of this title:

UCC FINANCING STATEMENT AMENDMENT

FOLLOW INSTRUCTIONS

A. NAME AND PHONE OF CONTACT AT FILER (optional)

_______________________________________________________________

B. E-MAIL CONTACT AT FILER (optional)

_______________________________________________________________

C. SEND ACKNOWLEDGMENT TO: (Name and Address)

_______________________________________

_______________________________________ THE ABOVE SPACE IS FOR

_______________________________________ FILING OFFICE USE ONLY

1a. INITIAL FINANCING STATEMENT FILE NUMBER

_______________________________________________________________

1b. [ ] This FINANCING STATEMENT AMENDMENT is to be filed (for

record) (or recorded) in the REAL ESTATE RECORDS.

Filer: attach Amendment Addendum (Form UCC3Ad) and provide

Debtor's name in item 13.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 125

2. [ ] TERMINATION: Effectiveness of the Financing Statement

identified above is terminated with respect to security

interest(s) of Secured Party authorizing this Termination

Statement.

3. [ ] ASSIGNMENT (full or partial): Provide name of Assignee in

item 7a or 7b, and address of Assignee in item 7c and name of

Assignor in item 9. For partial assignment, complete items 7

and 9 and also indicate affected collateral in item 8.

4. [ ] CONTINUATION: Effectiveness of the Financing Statement

identified above with respect to security interest(s) of

Secured Party authorizing this Continuation Statement is

continued for the additional period provided by applicable law.

5. [ ] PARTY INFORMATION CHANGE:

Check one of these two boxes:

This Change affects [ ] Debtor or [ ] Secured Party of

record.

AND

Check one of these three boxes to:

[ ] CHANGE name and/or address: Complete item 6a or 6b, and

item 7a or 7b and item 7c.

[ ] ADD name: Complete item 7a or 7b, and item 7c.

[ ] DELETE name: Give record name to be deleted in item 6a or

6b.

6. CURRENT RECORD INFORMATION: Complete for Party Information

Change – provide only one name (6a or 6b) (use exact, full

name; do not omit, modify, or abbreviate any word in the

Debtor's name).

6a. ORGANIZATION'S NAME

_______________________________________________________________

OR 6b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME

_______________________________________________________________

ADDITIONAL NAME(S)/INITIAL(S) SUFFIX

___________________________________ __________________

7. CHANGED OR ADDED INFORMATION: Complete for Assignment or Party

Information Change – provide only one name (7a or 7b) (use

exact full name; do not omit, modify, or abbreviate any word in

the Debtor's name).

7a. ORGANIZATION'S NAME

_______________________________________________________________

OR 7b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME

_______________________________________________________________

ADDITIONAL NAME(S)/INITIAL(S) THAT ARE PART OF THE NAME OF THIS

DEBTOR SUFFIX

_______________________________________________________________

7c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY

_______________________________________________________________

8. [ ] COLLATERAL CHANGE:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 126

_______________________________________________________________

Also check one of these four boxes:

[ ] ADD collateral [ ] DELETE collateral [ ] RESTATE

covered collateral [ ] ASSIGN collateral

Indicate collateral:

_______________________________________________________________

9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT -

provide only one name (9a or 9b) (name of Assignor, if this is

an Assignment).

If this is an Amendment authorized by a DEBTOR, check here [ ]

and provide name of authorizing Debtor.

9a. ORGANIZATION'S NAME

_______________________________________________________________

OR 9b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME

_______________________________________________________________

ADDITIONAL NAME(S)/INITIAL(S) SUFFIX

___________________________________ _____________

10. OPTIONAL FILE REFERENCE DATA

_______________________________________________________________

UCC FINANCING STATEMENT AMENDMENT (FORM UCC3)

UCC FINANCING STATEMENT AMENDMENT ADDENDUM

FOLLOW INSTRUCTIONS

11. INITIAL FINANCING STATEMENT FILE NUMBER (same as item 1a on

Amendment form).

_______________________________________________________________

12. NAME OF PARTY AUTHORIZING THIS AMENDMENT (same as item 9 on

Amendment form).

12a. ORGANIZATION'S NAME

_______________________________________________________________

OR 12b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME

_______________________________________________________________

ADDITIONAL NAME(S)/INITIAL(S) SUFFIX

________________________________________ _____________

________________________________________ THE ABOVE SPACE IS FOR

________________________________________ FILING OFFICE USE ONLY

13. Name of DEBTOR on related financing statement (Name of a

current Debtor of record required for indexing purposes only in

some filing offices – see Instruction for item 13 – insert only

one Debtor name (13a or 13b) (use exact, full name; do not

omit, modify, or abbreviate any word in the Debtor's name).

13a. ORGANIZATION'S NAME.

_______________________________________________________________

OR 13b. INDIVIDUAL'S SURNAME FIRST PERSONAL NAME

_______________________________________________________________

ADDITIONAL NAME(S)/INITIAL(S) SUFFIX

_____________________________________ _____________

14. ADDITIONAL SPACE FOR ITEM 8 (Collateral)

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 127

_____________________________________________________________

15. This FINANCING STATEMENT AMENDMENT: [ ] covers timber to be

cut [ ] covers as-extracted collateral [ ] is filed as a

fixture filing.

16. Name and address of a RECORD OWNER of real estate described in

item 17 (if Debtor does not have a record interest):

______________________________________________________________

17. Description of real estate:

______________________________________________________________

18. MISCELLANEOUS:

______________________________________________________________

UCC FINANCING STATEMENT AMENDMENT ADDENDUM (Form UCC3Ad)

(c) A form that a filing office may not refuse to accept under

subsection (a) or (b) of this section must conform to the format

prescribed for the form by the National Conference of Commissioners

on Uniform State Laws.