Okla. Stat. tit. 12A, § 12A-5-116 — OK Code / Title 12A / Section 12A-5-116
Choice of Law and Forum
Status: in_force

Choice of Law and Forum.

(a) The liability of an issuer, nominated person, or adviser

for action or omission is governed by the law of the jurisdiction

chosen by an agreement in the form of a record signed by the

affected parties or by a provision in the person's letter of credit,

confirmation, or other undertaking. The jurisdiction whose law is

chosen need not bear any relation to the transaction.

(b) Unless subsection (a) of this section applies, the

liability of an issuer, nominated person, or adviser for action or

omission is governed by the law of the jurisdiction in which the

person is located. The person is considered to be located at the

address indicated in the person's undertaking. If more than one

address is indicated, the person is considered to be located at the

address from which the person's undertaking was issued.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 392

(c) For the purpose of jurisdiction, choice of law, and

recognition of interbranch letters of credit, but not enforcement of

a judgment, all branches of a bank are considered separate juridical

entities and a bank is considered to be located at the place where

its relevant branch is considered to be located under subsection (d)

of this section.

(d) A branch of a bank is considered to be located at the

address indicated in the branch's undertaking. If more than one

address is indicated, the branch is considered to be located at the

address from which the undertaking was issued.

(e) Except as otherwise provided in this subsection, the

liability of an issuer, nominated person, or adviser is governed by

any rules of custom or practice, such as the Uniform Customs and

Practice for Documentary Credits, to which the letter of credit,

confirmation, or other undertaking is expressly made subject. If:

(1) This article would govern the liability of an issuer,

nominated person, or adviser under subsection (a) or

(b) of this section;

(2) The relevant undertaking incorporates rules of custom

or practice; and

(3) There is conflict between this article and those rules

as applied to that undertaking,

those rules govern except to the extent of any conflict with the

nonvariable provisions specified in subsection (c) of Section 5-103

of this title.

(f) If there is conflict between this article and Article 3, 4,

4A, or 9 of this title, this article governs.

(g) The forum for settling disputes arising out of an

undertaking within this article may be chosen in the manner and with

the binding effect that governing law may be chosen in accordance

with subsection (a) of this section.
Okla. Stat. tit. 12, § 12-832.1 — OK Code / Title 12 / Section 12-832.1
Product liability actions – Duty of manufacturer to
Status: in_force

indemnify seller.

A. A manufacturer shall indemnify and hold harmless a seller

against loss arising out of a product liability action, except for

any loss caused by the seller’s negligence, intentional misconduct,

or other act or omission, such as negligently modifying or altering

the product, for which the seller is independently liable.

Oklahoma Statutes - Title 12. Civil Procedure Page 164

B. For purposes of this section, “loss” includes court costs

and other reasonable expenses, reasonable attorney fees, and any

reasonable damages.

C. Damages awarded by the trier of fact shall, on final

judgment, be deemed reasonable for purposes of this section.

D. For purposes of this section, a wholesale distributor or

retail seller who completely or partially assembles a product in

accordance with the manufacturer’s instructions shall be considered

a seller.

E. The duty to indemnify under this section:

1. Applies without regard to the manner in which the action is

concluded; and

2. Is in addition to any duty to indemnify established by law,

contract, or otherwise.

F. A seller eligible for indemnification under this section

shall give reasonable notice to the manufacturer of a product

claimed in a petition or complaint to be defective, unless the

manufacturer has been served as a party or otherwise has actual

notice of the action.

G. A seller is entitled to recover from the manufacturer court

costs and other reasonable expenses, reasonable attorney fees, and

any reasonable damages incurred by the seller to enforce the

seller’s right to indemnification under this section.

H. Nothing contained in this section shall operate to permit or

require dismissal of a party with a right of indemnification arising

under this section and nothing in this section shall be used as a

basis for dismissal of a plaintiff’s claim against the seller.
Okla. Stat. tit. 12A, § 12A-3-114 — OK Code / Title 12A / Section 12A-3-114
Contradictory terms of instrument
Status: in_force

CONTRADICTORY TERMS OF INSTRUMENT

If an instrument contains contradictory terms, typewritten terms

prevail over printed terms, handwritten terms prevail over both, and

words prevail over numbers.
Okla. Stat. tit. 12A, § 12A-1-9-305 — OK Code / Title 12A / Section 12A-1-9-305
Law governing perfection and priority of security
Status: in_force

interests in investment property.

LAW GOVERNING PERFECTION AND PRIORITY

OF SECURITY INTERESTS IN INVESTMENT PROPERTY

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

section, the following rules apply:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 53

(1) While a security certificate is located in a jurisdiction,

the local law of that jurisdiction governs perfection, the effect of

perfection or nonperfection, and the priority of a security interest

in the certificated security represented thereby.

(2) The local law of the issuer's jurisdiction as specified in

subsection (d) of Section 8-110 of this title governs perfection,

the effect of perfection or nonperfection, and the priority of a

security interest in an uncertificated security.

(3) The local law of the securities intermediary's jurisdiction

as specified in subsection (e) of Section 8-110 of this title

governs perfection, the effect of perfection or nonperfection, and

the priority of a security interest in a security entitlement or

securities account.

(4) The local law of the commodity intermediary's jurisdiction

governs perfection, the effect of perfection or nonperfection, and

the priority of a security interest in a commodity contract or

commodity account.

(5) Paragraphs (2), (3), and (4) of this subsection apply even

if the transaction does not bear any relation to the jurisdiction.

(b) The following rules determine a commodity intermediary's

jurisdiction for purposes of this part:

(1) If an agreement between the commodity intermediary and

commodity customer governing the commodity account expressly

provides that a particular jurisdiction is the commodity

intermediary's jurisdiction for purposes of this part, this article,

or this title, that jurisdiction is the commodity intermediary's

jurisdiction.

(2) If paragraph (1) of this subsection does not apply and an

agreement between the commodity intermediary and commodity customer

governing the commodity account expressly provides that the

agreement is governed by the law of a particular jurisdiction, that

jurisdiction is the commodity intermediary's jurisdiction.

(3) If neither paragraph (1) nor paragraph (2) of this

subsection applies and an agreement between the commodity

intermediary and commodity customer governing the commodity account

expressly provides that the commodity account is maintained at an

office in a particular jurisdiction, that jurisdiction is the

commodity intermediary's jurisdiction.

(4) If none of the preceding paragraphs of this section

applies, the commodity intermediary's jurisdiction is the

jurisdiction in which the office identified in an account statement

as the office serving the commodity customer's account is located.

(5) If none of the preceding paragraphs of this section

applies, the commodity intermediary's jurisdiction is the

jurisdiction in which the chief executive office of the commodity

intermediary is located.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 54

(c) The local law of the jurisdiction in which the debtor is

located governs:

(1) perfection of a security interest in investment property by

filing;

(2) automatic perfection of a security interest in investment

property created by a broker or securities intermediary; and

(3) automatic perfection of a security interest in a commodity

contract or commodity account created by a commodity intermediary.
Okla. Stat. tit. 12, § 12-1580 — OK Code / Title 12 / Section 12-1580
Judgment - Damages - Attorney fees
Status: in_force

In an action to recover the possession of personal property,

judgment for the plaintiff may be for the possession, or for the

Oklahoma Statutes - Title 12. Civil Procedure Page 318

recovery of possession, or the value thereof in case a delivery

cannot be had, and of damages for the detention. If the property

has been delivered to the plaintiff, and the defendant claim a

return thereof, judgment for the defendant may be for a return of

the property, or the value thereof in case a return cannot be had,

and damages for taking and withholding the same. The judgment

rendered in favor of the prevailing party in such action may include

a reasonable attorney fee to be set by the court, to be taxed and

collected as costs.

R.L. 1910, § 4807. Amended by Laws 1972, c. 173, § 1, emerg. eff.

April 7, 1972.
Okla. Stat. tit. 12A, § 12A-2-706 — OK Code / Title 12A / Section 12A-2-706
Seller's Resale Including Contract for Resale
Status: in_force

(1) Under the conditions stated in Section 2-703 on seller's

remedies, the seller may resell the goods concerned or the

undelivered balance thereof. Where the resale is made in good faith

and in a commercially reasonable manner the seller may recover the

difference between the resale price and the contract price together

with any incidental damages allowed under the provisions of this

article (Section 2-710), but less expenses saved in consequence of

the buyer's breach.

(2) Except as otherwise provided in subsection (3) or unless

otherwise agreed resale may be at public or private sale including

sale by way of one or more contracts to sell or of identification to

an existing contract of the seller. Sale may be as a unit or in

parcels and at any time and place and on any terms but every aspect

of the sale including the method, manner, time, place and terms must

be commercially reasonable. The resale must be reasonably

identified as referring to the broken contract, but it is not

necessary that the goods be in existence or that any or all of them

have been identified to the contract before the breach.

(3) Where the resale is at private sale the seller must give the

buyer reasonable notification of his intention to resell.

(4) Where the resale is at public sale

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 224

(a) only identified goods can be sold except where there

is a recognized market for a public sale of futures in goods of the

kind; and

(b) it must be made at a usual place or market for public

sale if one is reasonably available and except in the case of goods

which are perishable or threaten to decline in value speedily the

seller must give the buyer reasonable notice of the time and place

of the resale; and

(c) if the goods are not to be within the view of those

attending the sale the notification of sale must state the place

where the goods are located and provide for their reasonable

inspection by prospective bidders; and

(d) the seller may buy.

(5) A purchaser who buys in good faith at a resale takes the

goods free of any rights of the original buyer even though the

seller fails to comply with one or more of the requirements of this

section.

(6) The seller is not accountable to the buyer for any profit

made on any resale. A person in the position of a seller (Section

2-707) or a buyer who has rightfully rejected or justifiably revoked

acceptance must account for any excess over the amount of his

security interest, as hereinafter defined (subsection (3) of Section

2-711).
Okla. Stat. tit. 12, § 12-76 — OK Code / Title 12 / Section 12-76
Action on official bond
Status: in_force

When an officer, executor or administrator within this state, by

misconduct or neglect of duty, forfeits his bond or renders his

sureties liable, any person injured thereby, or who is, by law,

entitled to the benefit of the security, may bring an action thereon

in his own name, against the officer, executor or administrator and

his sureties, to recover the amount to which he may be entitled by

reason of the delinquency. The action may be instituted and

proceeded in on a certified copy of the bond, which copy shall be

furnished by the person holding the original thereof.

R.L. 1910, § 5349.
Okla. Stat. tit. 12A, § 12A-7-404 — OK Code / Title 12A / Section 12A-7-404
No liability for good-faith delivery pursuant to
Status: in_force

document of title.

No Liability for Good-Faith Delivery Pursuant to Document of

Title.

A bailee that in good faith has received goods and delivered or

otherwise disposed of the goods according to the terms of the

document of title or pursuant to this article is not liable even if:

(1) the person from which the bailee received the goods did not

have authority to procure the document or to dispose of the goods;

or

(2) the person to which the bailee delivered the goods had no

authority to receive the goods.
Okla. Stat. tit. 12, § 12-1857 — OK Code / Title 12 / Section 12-1857
Agreement
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 358

A. An agreement contained in a record to submit to arbitration

any existing or subsequent controversy arising between the parties

to the agreement is valid, enforceable, and irrevocable except upon

a ground that exists at law or in equity for the revocation of a

contract.

B. If necessary, a court shall decide whether an agreement to

arbitrate exists or a controversy is subject to an agreement to

arbitrate.

C. An arbitrator shall decide whether a condition precedent to

arbitrability has been fulfilled and whether a contract containing a

valid agreement to arbitrate is enforceable.

D. If a party to a judicial proceeding challenges the existence

of, or claims that a controversy is not subject to, an agreement to

arbitrate, the arbitration proceeding may continue pending final

resolution of the issue by the court, unless the court otherwise

orders.
Okla. Stat. tit. 12, § 12-2611.9 — OK Code / Title 12 / Section 12-2611.9
Order – Required contents
Status: in_force

A. An order allowing or disallowing a child witness to testify

by an alternative method shall state the findings of fact and

conclusions of law that support the determination of the judge or

presiding officer.

B. An order allowing a child witness to testify by an

alternative method shall:

1. State the method by which the child is to testify;

2. List any individual or category of individuals allowed to be

in, or required to be excluded from, the presence of the child

during the testimony;

3. State any special conditions necessary to facilitate a

party’s right to examine or cross-examine the child;

4. State any condition or limitation upon the participation of

individuals present during the testimony of the child; and

5. State any other condition necessary for taking or presenting

the testimony.

C. The alternative method ordered by the judge or presiding

officer shall not be more restrictive of the rights of the parties

than is necessary under the circumstance to serve the purposes of

the order.
Okla. Stat. tit. 12, § 12-3316 — OK Code / Title 12 / Section 12-3316
Confidentiality of collaborative law communication
Status: in_force

CONFIDENTIALITY OF COLLABORATIVE LAW COMMUNICATION.

A collaborative law communication is confidential to the extent

agreed by the parties in a signed record or as provided by law of

this state other than this act.
Okla. Stat. tit. 12, § 12-1346 — OK Code / Title 12 / Section 12-1346
Power of court - Attendance of witnesses
Status: in_force

The court or judge shall have power to require and compel the

attendance of witnesses and to do all other acts necessary to

determine the case.

R.L. 1910, § 4897.
Okla. Stat. tit. 12, § 12-1178.1 — OK Code / Title 12 / Section 12-1178.1
Summons for collection of support - Affidavit -
Status: in_force

Garnishee's answer.

A. For the purposes of this section, "wages" or "earnings"

means any form of payment to an individual including, but not

limited to, salary, commission, or other compensation, but does not

include reimbursement for travel expenses for state employees.

B. Where the garnishment summons is for the collection of

support and is issued under Section 1173.2 of this title, the

garnishee shall, within ten (10) days from the service of the

garnishee's summons or within seven (7) days after the end of

defendant's current pay period or thirty (30) days from the date of

service of this 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's attorney

or to the judgment creditor if there is no attorney. 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 affidavit and summons,

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

circumstances necessary to a complete understanding of such

Oklahoma Statutes - Title 12. Civil Procedure Page 253

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. Whether the garnishee was indebted or under any liability to

or had in garnishee's possession or control, any property belonging

to the defendant. When the garnishee shall be in doubt respecting

any such liability or indebtedness, the garnishee may set forth all

of the facts and circumstances concerning the same, and submit the

question to the court;

3. If the garnishee shall claim any setoff, defense, other

indebtedness, liability, lien, or claim to such property, the facts

and circumstances in the affidavit;

4. 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;

5. 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

6. 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.

C. The answer of the garnishee 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.
Okla. Stat. tit. 12A, § 12A-4-212 — OK Code / Title 12A / Section 12A-4-212
Presentment by Notice of Item Not Payable By, Through,
Status: in_force

or At Bank; Liability of Drawer or Indorser.

PRESENTMENT BY NOTICE OF ITEM NOT PAYABLE BY, THROUGH, OR AT BANK;

LIABILITY OF DRAWER OR INDORSER

(a) Unless otherwise instructed, a collecting bank may present

an item not payable by, through, or at a bank by sending to the

party to accept or pay a record providing notice that the bank holds

the item for acceptance or payment. The notice must be sent in time

to be received on or before the day when presentment is due and the

bank must meet any requirement of the party to accept or pay under

Section 3-501 of this title by the close of the bank's next banking

day after it knows of the requirement.

(b) If presentment is made by notice and payment, acceptance,

or request for compliance with a requirement under Section 3-501 of

this title is not received by the close of business on the day after

maturity or, in the case of demand items, by the close of business

on the third banking day after notice was sent, the presenting bank

may treat the item as dishonored and charge any drawer or indorser

by sending it notice of the facts.
Okla. Stat. tit. 12A, § 12A-1-9-409 — OK Code / Title 12A / Section 12A-1-9-409
Restrictions on assignment of letter-of-credit rights
Status: in_force

ineffective.

RESTRICTIONS ON ASSIGNMENT OF

LETTER-OF-CREDIT RIGHTS INEFFECTIVE

(a) A term in a letter of credit or a rule of law, statute,

regulation, custom, or practice applicable to the letter of credit

which prohibits, restricts, or requires the consent of an applicant,

issuer, or nominated person to a beneficiary’s assignment of or

creation of a security interest in a letter-of-credit right is

ineffective to the extent that the term or rule of law, statute,

regulation, custom, or practice:

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

security interest in the letter-of-credit right; or

(2) provides that the assignment 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 letter-of-credit right.

(b) To the extent that a term in a letter of credit is

ineffective under subsection (a) of this section but would be

effective under law other than this article or a custom or practice

applicable to the letter of credit, to the transfer of a right to

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 105

draw or otherwise demand performance under the letter of credit, or

to the assignment of a right to proceeds of the letter of credit,

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

the letter-of-credit right:

(1) is not enforceable against the applicant, issuer, nominated

person, or transferee beneficiary;

(2) imposes no duties or obligations on the applicant, issuer,

nominated person, or transferee beneficiary; and

(3) does not require the applicant, issuer, nominated person,

or transferee beneficiary to recognize the security interest, pay or

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

performance from the secured party.
Okla. Stat. tit. 12, § 12-2008 — OK Code / Title 12 / Section 12-2008
General rules of pleading
Status: in_force

GENERAL RULES OF PLEADING

A. CLAIMS FOR RELIEF. A pleading which sets forth a claim for

relief, whether an original claim, counterclaim, cross-claim or

third-party claim, shall contain:

1. A short and plain statement of the claim showing that the

pleader is entitled to relief; and

2. A demand for judgment for the relief to which he deems

himself entitled. Every pleading demanding relief for damages in

money in excess of the amount required for diversity jurisdiction

pursuant to Section 1332 of Title 28 of the United States Code

shall, without demanding any specific amount of money, set forth

only that the amount sought as damages is in excess of the amount

required for diversity jurisdiction pursuant to Section 1332 of

Title 28 of the United States Code, except in actions sounding in

contract. Every pleading demanding relief for damages in money in

an amount that is required for diversity jurisdiction pursuant to

Section 1332 of Title 28 of the United States Code or less shall

specify the amount of such damages sought to be recovered. Relief

in the alternative or of several different types may be demanded.

B. DEFENSES; FORM OF DENIALS. A party shall state in short and

plain terms his defenses to each claim asserted and shall admit or

deny the averments upon which the adverse party relies. If he is

without knowledge or information sufficient to form a belief as to

Oklahoma Statutes - Title 12. Civil Procedure Page 401

the truth of an averment, he shall so state and this statement has

the effect of a denial. Denials shall fairly meet the substance of

the averments denied. When a pleader intends in good faith to deny

only a part or a qualification of an averment, he shall specify so

much of it as is true and material and shall deny only the

remainder. Unless the pleader intends in good faith to controvert

all the averments of the preceding pleading, he may make his denials

as specific denials of designated averments or paragraphs or he may

generally deny all the averments except such designated averments or

paragraphs as he expressly admits; but, when he does so intend to

controvert all its averments, he may do so by general denial subject

to the obligations set forth in Section 2011 of this title.

C. AFFIRMATIVE DEFENSES. In pleading to a preceding pleading,

a party shall set forth affirmatively:

1. Accord and satisfaction;

2. Arbitration and award;

3. Assumption of risk;

4. Contributory negligence;

5. Discharge in bankruptcy;

6. Duress;

7. Estoppel;

8. Failure of consideration;

9. Fraud;

10. Illegality;

11. Injury by fellow servant;

12. Laches;

13. License;

14. Payment;

15. Release;

16. Res judicata;

17. Statute of frauds;

18. Statute of limitations;

19. Waiver; and

20. Any other matter constituting an avoidance or affirmative

defense.

When a party has mistakenly designated a defense as a

counterclaim or a counterclaim as a defense, the court on terms, if

justice so requires, shall treat the pleading as if there had been a

proper designation.

D. EFFECT OF FAILURE TO DENY. Averments in a pleading to which

a responsive pleading is required, other than those as to the amount

of damage, are admitted when not denied in the responsive pleading.

Averments in a pleading to which no responsive pleading is required

or permitted shall be taken as denied or avoided.

E. PLEADING TO BE CONCISE AND DIRECT; CONSISTENCY.

1. Each averment of a pleading shall be simple, concise, and

direct. No technical forms of pleadings or motions are required.

Oklahoma Statutes - Title 12. Civil Procedure Page 402

2. A party may set forth, and at trial rely on, two or more

statements of a claim or defense alternately or hypothetically,

either in one count or defense or in separate counts or defenses.

When two or more statements are made in the alternative and one of

them if made independently would be sufficient, the pleading is not

made insufficient by the insufficiency of one or more of the

alternative statements. A party may also state as many separate

claims or defenses as he has regardless of consistency and whether

based on legal or equitable grounds. All statements shall be made

subject to the obligations set forth in Section 2011 of this title.

F. CONSTRUCTION OF PLEADINGS. All pleadings shall be so

construed as to do substantial justice.
Okla. Stat. tit. 12, § 12-768 — OK Code / Title 12 / Section 12-768
Same - Officer must make demand
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 155

Before any officer shall be excused from giving the notification

mentioned in the last section, he shall demand of the party for

whose benefit the execution was issued, his agent or attorney

provided either of them reside in the county, the fees in said

section specified.

R.L. 1910, § 5170.
Okla. Stat. tit. 12A, § 12A-4A-301 — OK Code / Title 12A / Section 12A-4A-301
Execution and execution date
Status: in_force

EXECUTION AND EXECUTION DATE

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 368

(a) A payment order is "executed" by the receiving bank when it

issues a payment order intended to carry out the payment order

received by the bank. A payment order received by the beneficiary's

bank can be accepted but cannot be executed.

(b) "Execution date" of a payment order means the day on which

the receiving bank may properly issue a payment order in execution

of the sender's order. The execution date may be determined by

instruction of the sender but cannot be earlier than the day the

order is received and, unless otherwise determined, is the day the

order is received. If the sender's instruction states a payment

date, the execution date is the payment date or an earlier date on

which execution is reasonably necessary to allow payment to the

beneficiary on the payment date.
Okla. Stat. tit. 12A, § 12A-7-309 — OK Code / Title 12A / Section 12A-7-309
Duty of care - Contractual limitation of carrier's
Status: in_force

liability.

Duty of Care; Contractual Limitation of Carrier's Liability.

(a) A carrier that issues a bill of lading, whether negotiable

or nonnegotiable, shall exercise the degree of care in relation to

the goods which a reasonably careful person would exercise under

similar circumstances. This subsection does not affect any statute,

regulation, or rule of law that imposes liability upon a common

carrier for damages not caused by its negligence.

(b) Damages may be limited by a term in the bill of lading or

in a transportation agreement that the carrier's liability may not

exceed a value stated in the bill or transportation agreement if the

carrier's rates are dependent upon value and the consignor is

afforded an opportunity to declare a higher value and the consignor

is advised of the opportunity. However, such a limitation is

effective with respect to the carrier's liability for conversion to

its own use.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 412

(c) Reasonable provisions as to the time and manner of

presenting claims and commencing actions based on the shipment may

be included in a bill of lading or transportation agreement.
Okla. Stat. tit. 12A, § 12A-12-107 — OK Code / Title 12A / Section 12A-12-107
Governing law
Status: in_force

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 469

GOVERNING LAW

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

local law of a controllable electronic record's jurisdiction governs

a matter covered by this article.

(b) For a controllable electronic record that evidences a

controllable account or controllable payment intangible, the local

law of the controllable electronic record's jurisdiction governs a

matter covered by Section 12-106 of this title unless an effective

agreement determines that the local law of another jurisdiction

governs.

(c) The following rules determine a controllable electronic

record's jurisdiction under this section:

(1) If the controllable electronic record, or a record attached

to or logically associated with the controllable electronic record

and readily available for review, expressly provides that a

particular jurisdiction is the controllable electronic record's

jurisdiction for purposes of this article or the Uniform Commercial

Code, that jurisdiction is the controllable electronic record's

jurisdiction.

(2) If paragraph (1) of this subsection does not apply and the

rules of the system in which the controllable electronic record is

recorded are readily available for review and expressly provide that

a particular jurisdiction is the controllable electronic record's

jurisdiction for purposes of this article or the Uniform Commercial

Code, that jurisdiction is the controllable electronic record's

jurisdiction.

(3) If paragraphs (1) and (2) of this subsection do not apply

and the controllable electronic record, or a record attached to or

logically associated with the controllable electronic record and

readily available for review, expressly provides that the

controllable electronic record is governed by the law of a

particular jurisdiction, that jurisdiction is the controllable

electronic record's jurisdiction.

(4) If paragraphs (1), (2), and (3) of this subsection do not

apply and the rules of the system in which the controllable

electronic record is recorded are readily available for review and

expressly provide that the controllable electronic record or the

system is governed by the law of a particular jurisdiction, that

jurisdiction is the controllable electronic record's jurisdiction.

(5) If paragraphs (1) through (4) of this subsection do not

apply, the controllable electronic record's jurisdiction is the

District of Columbia.

(d) If paragraph (5) of subsection (c) of this section applies

and Article 12 is not in effect in the District of Columbia without

material modification, the governing law for a matter covered by

this article is the law of the District of Columbia as though

Article 12 were in effect in the District of Columbia without

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 470

material modification. In this subsection, "Article 12" means

Article 12 of Uniform Commercial Code Amendments (2022).

(e) To the extent subsections (a) and (b) of this section

provide that the local law of the controllable electronic record's

jurisdiction governs a matter covered by this article, that law

governs even if the matter or a transaction to which the matter

relates does not bear any relation to the controllable electronic

record's jurisdiction.

(f) The rights acquired under Section 12-104 of this title by a

purchaser or qualifying purchaser are governed by the law applicable

under this section at the time of purchase.
Okla. Stat. tit. 12A, § 12A-1-9-527 — OK Code / Title 12A / Section 12A-1-9-527
Duty to report
Status: in_force

DUTY TO REPORT

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 135

The county clerk of Oklahoma County shall report annually on or

before January 1 to the Governor and Legislature on the operation of

the filing office. The report must contain a statement of the

extent to which:

(1) the filing-office rules are not in harmony with the rules

of filing offices in other jurisdictions that enact substantially

this part and the reasons for these variations; and

(2) the filing-office rules are not in harmony with the most

recent version of the Model Rules promulgated by the International

Association of Corporate Administrators, or any successor

organization, and the reasons for these variations.
Okla. Stat. tit. 12, § 12-1430 — OK Code / Title 12 / Section 12-1430
Short title - Oklahoma Citizens Participation Act
Status: in_force

A. This act may be known and shall be cited as the "Oklahoma

Citizens Participation Act".

B. The purpose of the Oklahoma Citizens Participation Act is to

encourage and safeguard the constitutional rights of persons to

petition, speak freely, associate freely and otherwise participate

in government to the maximum extent permitted by law and, at the

same time, protect the rights of a person to file meritorious

lawsuits for demonstrable injury.
Okla. Stat. tit. 12A, § 12A-4-102 — OK Code / Title 12A / Section 12A-4-102
Applicability
Status: in_force

APPLICABILITY

(a) To the extent that items within this article are also

within Articles 3 and 8 of this title, they are subject to those

articles. If there is conflict, this article governs Article 3, but

Article 8 governs this article.

(b) The liability of a bank for action or nonaction with

respect to any item handled by it for purposes of presentment,

payment or collection is governed by the law of the place where the

bank is located. In the case of action or nonaction by or at a

branch or separate office of a bank, its liability is governed by

the law of the place where the branch or separate office is located.
Okla. Stat. tit. 12, § 12-2611.8 — OK Code / Title 12 / Section 12-2611.8
Determination of whether to allow child witness to
Status: in_force

testify by an alternative method.

If the judge or presiding officer determines that a standard

under Section 5 of this act has been met, the judge or presiding

officer shall determine whether to allow a child witness to testify

by an alternative method and in doing so shall consider:

1. Alternative methods reasonably available;

2. Available means for protecting the interests of or reducing

emotional trauma to the child without resort to an alternative

method;

3. The nature of the case;

4. The relative rights of the parties;

5. The importance of the proposed testimony of the child;

6. The nature and degree of emotional trauma that the child may

suffer if an alternative method is not used; and

7. Any other relevant factor.
Okla. Stat. tit. 12A, § 12A-2A-509 — OK Code / Title 12A / Section 12A-2A-509
Lessee's rights on improper delivery; rightful
Status: in_force

rejection.

LESSEE'S RIGHTS ON IMPROPER DELIVERY; RIGHTFUL REJECTION

(1) Subject to the provisions of Section 58 of this act, a

lessee, on default in installment lease contracts, if the goods or

the tender or delivery fail in any respect to conform to the lease

contract, the lessee may reject or accept the goods or accept any

commercial unit or units and reject the rest of the goods.

(2) Rejection of goods is ineffective unless it is within a

reasonable time after tender or delivery of the goods and the lessee

seasonably notifies the lessor.
Okla. Stat. tit. 12A, § 12A-2-719 — OK Code / Title 12A / Section 12A-2-719
Contractual Modification or Limitation of Remedy
Status: in_force

(1) Subject to the provisions of subsections (2) and (3) of this

section and of the preceding section on liquidation and limitation

of damages,

(a) the agreement may provide for remedies in addition to

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

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 229

or alter the measure of damages recoverable under this article, as

by limiting the buyer's remedies to return of the goods and

repayment of the price or to repair and replacement of nonconforming

goods or parts; and

(b) resort to a remedy as provided is optional unless the

remedy is expressly agreed to be exclusive, in which case it is the

sole remedy.

(2) Where circumstances cause an exclusive or limited

remedy to fail of its essential purpose, remedy may be had as

provided in this act.

(3) Consequential damages may be limited or excluded unless

the limitation or exclusion is unconscionable. Limitation of

consequential damages for injury to the person in the case of

consumer goods is prima facie unconscionable but limitation of

damages where the loss is commercial is not.
Okla. Stat. tit. 12, § 12-1600.35 — OK Code / Title 12 / Section 12-1600.35
Renumbered as § 341 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12A, § 12A-2A-307 — OK Code / Title 12A / Section 12A-2A-307
Priority of Liens Arising by Attachment or Levy on,
Status: in_force

Security Interests in, and Other Claims to Goods.

PRIORITY OF LIENS ARISING BY ATTACHMENT OR LEVY

ON, SECURITY INTERESTS IN, AND OTHER CLAIMS TO GOODS

(1) Except as otherwise provided in Section 2A-306 of this

title, a creditor of a lessee takes subject to the lease contract.

(2) Except as otherwise provided in subsection (3) of this

section and in Sections 2A-306 and 2A-308 of this title, a creditor

of a lessor takes subject to the lease contract unless the creditor

holds a lien that attached to the goods before the lease contract

became enforceable.

(3) Except as otherwise provided in Sections 1-9-317, 1-9-321,

and 1-9-323 of this title, a lessee takes a leasehold interest

subject to a security interest held by a creditor of the lessor.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 253
Okla. Stat. tit. 12A, § 12A-8-101 — OK Code / Title 12A / Section 12A-8-101
Short Title
Status: in_force

Short Title.

This article may be cited as Uniform Commercial Code -

Investment Securities.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 420
Okla. Stat. tit. 12A, § 12A-3-202 — OK Code / Title 12A / Section 12A-3-202
Negotiation Subject to Rescission
Status: in_force

NEGOTIATION SUBJECT TO RESCISSION

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 292

(a) Negotiation is effective even if obtained (i) from an

infant, a corporation exceeding its powers, or a person without

capacity, (ii) by fraud, duress, or mistake, or (iii) in breach of

duty or as part of an illegal transaction.

(b) To the extent permitted by other law, negotiation may be

rescinded or may be subject to other remedies, but those remedies

may not be asserted against a subsequent holder in due course or a

person paying the instrument in good faith and without knowledge of

facts that are a basis for rescission or other remedy.
Okla. Stat. tit. 12, § 12-19.1 — OK Code / Title 12 / Section 12-19.1
Affidavit of consultation with qualified expert -
Status: in_force

Extension - Exemption.

A. 1. In any civil action for negligence wherein the plaintiff

shall be required to present the testimony of an expert witness to

establish breach of the relevant standard of care and that such

breach of duty resulted in harm to the plaintiff, except as provided

in subsection B of this section, the plaintiff shall attach to the

petition an affidavit attesting that:

a. the plaintiff has consulted and reviewed the facts of

the claim with a qualified expert,

b. the plaintiff has obtained a written opinion from a

qualified expert that clearly identifies the plaintiff

and includes the determination of the expert that,

based upon a review of the available material

including, but not limited to, applicable records,

facts or other relevant material, a reasonable

interpretation of the facts supports a finding that

the acts or omissions of the defendant against whom

the action is brought constituted negligence, and

c. on the basis of the review and consultation of the

qualified expert, the plaintiff has concluded that the

claim is meritorious and based on good cause.

2. If the civil action for negligence is filed:

Oklahoma Statutes - Title 12. Civil Procedure Page 32

a. without an affidavit being attached to the petition,

as required in paragraph 1 of this subsection, and

b. no extension of time is subsequently granted by the

court, pursuant to subsection B of this section,

the court shall, upon motion of the defendant, dismiss the action

without prejudice to its refiling.

3. The written opinion from the qualified expert shall state

the acts or omissions of the defendant or defendants that the expert

then believes constituted negligence and shall include reasons

explaining why the acts or omissions constituted negligence. The

written opinion from the qualified expert shall not be admissible at

trial for any purpose nor shall any inquiry be permitted with regard

to the written opinion for any purpose either in discovery or at

trial.

B. 1. The court may, upon application of the plaintiff for

good cause shown, grant the plaintiff an extension of time, not

exceeding ninety (90) days after the date the petition is filed,

except for good cause shown, to file in the action an affidavit

attesting that the plaintiff has obtained a written opinion from a

qualified expert as described in paragraph 1 of subsection A of this

section.

2. If on the expiration of an extension period described in

paragraph 1 of this subsection, the plaintiff has failed to file in

the action an affidavit as described above, the court shall, upon

motion of the defendant, unless good cause is shown for such

failure, dismiss the action without prejudice to its refiling. If

good cause is shown, the resulting extension shall in no event

exceed sixty (60) days.

C. 1. Upon written request of any defendant in a civil action

for negligence, the plaintiff shall, within ten (10) business days

after receipt of such request, provide the defendant with:

a. a copy of the written opinion of a qualified expert

mentioned in an affidavit filed pursuant to subsection

A or B of this section, and

b. an authorization from the plaintiff in a form that

complies with applicable state and federal laws,

including the Health Insurance Portability and

Accountability Act of 1996, for the release of any and

all relevant records related to the plaintiff for a

period commencing five (5) years prior to the incident

that is at issue in the civil action for negligence.

2. If the plaintiff fails to comply with paragraph 1 of this

subsection, the court shall, upon motion of the defendant, unless

good cause is shown for such failure, dismiss the action without

prejudice to its refiling.

D. A plaintiff in a civil action for negligence may claim an

exemption to the provisions of this section based on indigency

Oklahoma Statutes - Title 12. Civil Procedure Page 33

pursuant to the qualification rules established as set forth in

Section 4 of this act.
Okla. Stat. tit. 12, § 12-192.1 — OK Code / Title 12 / Section 12-192.1
Indigency exemption - Promulgation of rules
Status: in_force

A. When a plaintiff requests an indigency exemption from

providing an affidavit of merit in a civil action for negligence

pursuant to Section 2 of this act, such person shall submit an

appropriate application to the court clerk, on a form created by the

Administrative Director of the Courts, which shall state that the

application is signed under oath and under the penalty of perjury

and that a false statement may be prosecuted as such.

B. 1. The Supreme Court shall promulgate rules governing the

determination of indigency for a plaintiff claiming an exemption

from providing an affidavit of merit in a civil action for

negligence pursuant to Section 2 of this act. The initial

determination of indigency shall be made by the Chief Judge of the

Judicial District or a designee thereof, based on the plaintiff's

application and the rules provided herein.

2. Upon promulgation of the rules required by law, the

determination of indigency shall be subject to review by the

Presiding Judge of the Judicial Administrative District.
Okla. Stat. tit. 12A, § 12A-1-9-206 — OK Code / Title 12A / Section 12A-1-9-206
Security interest arising in purchase or delivery of
Status: in_force

financial asset.

SECURITY INTEREST ARISING IN PURCHASE

OR DELIVERY OF FINANCIAL ASSET

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 46

(a) A security interest in favor of a securities intermediary

attaches to a person’s security entitlement if:

(1) the person buys a financial asset through the securities

intermediary in a transaction in which the person is obligated to

pay the purchase price to the securities intermediary at the time of

the purchase; and

(2) the securities intermediary credits the financial asset to

the buyer’s securities account before the buyer pays the securities

intermediary.

(b) The security interest described in subsection (a) of this

section secures the person’s obligation to pay for the financial

asset.

(c) A security interest in favor of a person that delivers a

certificated security or other financial asset represented by a

writing attaches to the security or other financial asset if:

(1) the security or other financial asset:

(A) in the ordinary course of business is transferred by

delivery with any necessary endorsement or assignment;

and

(B) is delivered under an agreement between persons in the

business of dealing with such securities or financial

assets; and

(2) the agreement calls for delivery against payment.

(d) The security interest described in subsection (c) of this

section secures the obligation to make payment for the delivery.
Okla. Stat. tit. 12, § 12-729 — OK Code / Title 12 / Section 12-729
Force and effect of certain judgment, decree or appealable
Status: in_force

order of a district court.

Any judgment, decree or appealable order of a district court

rendered or granted on or after January 1, 1991, and before the

effective date of this act, which substantially complies with this

act, Chapter 251, O.S.L. 1991, Chapter 251, O.S.L. 1990 or the law

which was effective prior to January 1, 1991, shall have the same

force and effect as any other properly rendered or granted judgment,

decree or appealable order.

From Laws 1991, c. 251, § 23, eff. June 1, 1991. Amended by Laws

1993, c. 351, § 16, eff. Oct. 1, 1993. Codified as § 729 of Title

12 by Laws 1993, § 17, eff. Oct. 1, 1993.
Okla. Stat. tit. 12, § 12-1446a — OK Code / Title 12 / Section 12-1446a
Good faith in publishing libel - Retraction - Actual
Status: in_force

damages only - Jury question - Exceptions.

In an action for damages for the publication of a libel in a

newspaper or periodical, if the evidence shows that the article was

published in good faith and that its falsity was due to an honest

mistake of the facts, and the question of "honest mistake" shall be

Oklahoma Statutes - Title 12. Civil Procedure Page 289

a question of fact to be determined by a jury, unless a jury be

waived by the parties, the plaintiff shall be entitled to recover

actual damages only unless a retraction be requested and refused as

hereinafter provided. The person claiming to have been libeled

shall notify the publisher, either orally or in writing, stating or

setting forth the particular matter claimed to be libelous and

requesting that the same be retracted. If a retraction, headed

"RETRACTION" in eighteen-point type or larger, be published on the

same page and in the same type as were the statements complained of,

in two regular issues of said newspaper or periodical, published

within a reasonable time, but not to exceed two (2) weeks after such

notice in a weekly newspaper, or not to exceed one (1) week in a

daily newspaper, the publication of said retraction shall be full

and complete satisfaction as to all other than actual damages, and

the plaintiff shall not be entitled to recover other than actual

damages on account of such erroneous published matter. If such a

retraction be not so published, plaintiff may recover such damages

as are provided by the statutes of this state, if his cause of

action be maintained. This section shall not apply to any libel

imputing unchastity to a woman; nor in any case in which the

evidence shows the publication was made maliciously or with a

premeditated intention and purpose to injure, defame or destroy the

reputation of another or to injuriously alter a person's reputation;

nor to anonymous communications or publications, and provided

further that this section shall not apply to any article pertaining

to any candidate for any public office when said article is

published within three (3) weeks of the date of the primary, runoff

primary, special or general election, as the case may be.
Okla. Stat. tit. 12A, § 12A-3-604 — OK Code / Title 12A / Section 12A-3-604
Discharge by Cancellation or Renunciation
Status: in_force

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 326

DISCHARGE BY CANCELLATION OR RENUNCIATION

(a) A person entitled to enforce an instrument, with or without

consideration, may discharge the obligation of a party to pay the

instrument (i) by an intentional voluntary act, such as surrender of

the instrument to the party, destruction, mutilation, or

cancellation of the instrument, cancellation or striking out of the

party's signature, or the addition of words to the instrument

indicating discharge, or (ii) by agreeing not to sue or otherwise

renouncing rights against the party by a signed record. The

obligation of a party to pay a check is not discharged solely by

destruction of the check in connection with a process in which

information is extracted from the check and an image of the check is

made and, subsequently, the information and image are transmitted

for payment.

(b) Cancellation or striking out of an indorsement pursuant to

subsection (a) of this section does not affect the status and rights

of a party derived from the indorsement.
Okla. Stat. tit. 12, § 12-1802 — OK Code / Title 12 / Section 12-1802
Definitions
Status: in_force

As used in the Dispute Resolution Act:

1. "Initiating party" means the party who first seeks

mediation.

2. "Mediation" means the process of resolving a dispute with

the assistance of a mediator outside of a formal court proceeding.

3. "Mediator" means any person certified pursuant to the

provisions of the Dispute Resolution Act or the District Court

Mediation Act to assist in the resolution of a dispute.

4. "Party" means an individual person, company, or governmental

agency.

5. "Resolution" means the final determination of the dispute,

arrived at by the parties upon their own initiative or by anyone

authorized in writing to act in their behalf or with the help of a

mediator.

6. "Responding party" means the party who is named by the

initiating party as the other party in a dispute where mediation is

sought.
Okla. Stat. tit. 12, § 12-2014 — OK Code / Title 12 / Section 12-2014
Third-party practice
Status: in_force

THIRD-PARTY PRACTICE

A. WHEN DEFENDANT MAY BRING IN THIRD PARTY. At any time after

commencement of the action a defending party, as a third-party

plaintiff, may cause a summons and petition to be served upon a

person not a party to the action who is or may be liable to him for

all or part of the plaintiff's claim against him or who is liable to

him on a claim arising out of the transaction or occurrence that is

the subject matter of a claim that is asserted against him. The

third-party plaintiff need not obtain leave to make the service if

he files the third-party petition not later than ten (10) days after

he serves his original answer. Otherwise, he must obtain leave on

motion upon notice to all parties to the action. The person served

with the summons and third-party petition, hereinafter called the

third-party defendant, shall make his defenses to the third-party

plaintiff's claim as provided in Section 12 of this act and his

counterclaims against the third-party plaintiff and cross-claims

against other third-party defendants as provided in Section 13 of

this act. The third-party defendant may assert against the

plaintiff any defenses which the third-party plaintiff has to the

plaintiff's claim. The third-party defendant may also assert any

claim against the plaintiff arising out of the transaction or

occurrence that is the subject matter of the plaintiff's claim

against the third-party plaintiff. The plaintiff may assert any

claim against the third-party defendant arising out of the

transaction or occurrence that is the subject matter of the

plaintiff's claim against the third-party plaintiff, and the third-

party defendant thereupon shall assert his defenses as provided in

Section 12 of this act and his counterclaims and cross-claims as

provided in Section 13 of this act. Any party may move to strike

the third-party claim, or for its severance or separate trial. A

third-party defendant may proceed under this section against any

Oklahoma Statutes - Title 12. Civil Procedure Page 413

person not a party to the action who is or may be liable to him for

all or part of the claim made in the action against the third-party

defendant.

B. WHEN PLAINTIFF MAY BRING IN THIRD PARTY. When a

counterclaim is asserted against a plaintiff, he may cause a third

party to be brought in under circumstances which pursuant to this

section would entitle a defendant to do so.
Okla. Stat. tit. 12, § 12-903 — OK Code / Title 12 / Section 12-903
Execution must conform to judgment
Status: in_force

In special cases not hereinbefore provided for, the execution

shall conform to the judgment or order of the court. When a

judgment for any specified amount, and also for the sale of specific

real or personal property, shall have been rendered, and an amount

sufficient to satisfy the amount of the debt or damages and costs,

be not made from the sale of property specified, an execution may

issue for the balance, as in other cases.

R.L. 1910, § 5216.
Okla. Stat. tit. 12A, § 12A-4-406 — OK Code / Title 12A / Section 12A-4-406
Customer's Duty to Discover and Report Unauthorized
Status: in_force

Signature or Alteration.

CUSTOMER'S DUTY TO DISCOVER AND REPORT

UNAUTHORIZED SIGNATURE OR ALTERATION

(a) A bank that sends or makes available to a customer a

statement of account showing payment of items for the account shall

either return or make available to the customer the items paid or

provide information in the statement of account sufficient to allow

the customer reasonably to identify the items paid. The statement

of account provides sufficient information if the item is described

by item number, amount, and date of payment.

(b) If the items are not returned to the customer, the person

retaining the items shall either retain the items or, if the items

are destroyed, maintain the capacity to furnish legible copies of

the items until the expiration of seven (7) years after receipt of

the items. A customer may request an item from the bank that paid

the item, and that bank must provide in a reasonable time either the

item or, if the item has been destroyed or is not otherwise

obtainable, a legible copy of the item.

(c) If a bank sends or makes available a statement of account

or items pursuant to subsection (a) of this section, the customer

must exercise reasonable promptness in examining the statement or

the items to determine whether any payment was not authorized

because of an alteration of an item or because a purported signature

by or on behalf of the customer was not authorized. If, based on

the statement or items provided, the customer should reasonably have

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 351

discovered the unauthorized payment, the customer must promptly

notify the bank of the relevant facts.

(d) If the bank proves that the customer failed, with respect

to an item, to comply with the duties imposed on the customer by

subsection (c) of this section, the customer is precluded from

asserting against the bank:

(1) The customer's unauthorized signature or any

alteration on the item, if the bank also proves that

it suffered a loss by reason of the failure; and

(2) The customer's unauthorized signature or alteration by

the same wrongdoer on any other item paid in good

faith by the bank if the payment was made before the

bank received notice from the customer of the

unauthorized signature or alteration and after the

customer had been afforded a reasonable period of

time, not exceeding thirty (30) days, in which to

examine the item or statement of account and notify

the bank.

(e) If subsection (d) of this section applies and the customer

proves that the bank failed to exercise ordinary care in paying the

item and that the failure substantially contributed to loss, the

loss is allocated between the customer precluded and the bank

asserting the preclusion according to the extent to which the

failure of the customer to comply with subsection (c) of this

section and the failure of the bank to exercise ordinary care

contributed to the loss. If the customer proves that the bank did

not pay the item in good faith, the preclusion under subsection (d)

of this section does not apply.

(f) Without regard to care or lack of care of either the

customer or the bank, a customer who does not within one (1) year

after the statement or items are made available to the customer

(subsection (a) of this section) discover and report the customer's

unauthorized signature on or any alteration on the item is precluded

from asserting against the bank the unauthorized signature or

alteration. If there is a preclusion under this subsection, the

payor bank may not recover for breach of warranty under Section 4-

208 of this title with respect to the unauthorized signature or

alteration to which the preclusion applies.
Okla. Stat. tit. 12A, § 12A-4A-203 — OK Code / Title 12A / Section 12A-4A-203
Unenforceability of certain verified payment orders
Status: in_force

UNENFORCEABILITY OF CERTAIN VERIFIED PAYMENT ORDERS

(a) If an accepted payment order is not, under subsection (a)

of Section 10 of this act, an authorized order of a customer

identified as sender, but is effective as an order of the customer

pursuant to subsection (b) of Section 10 of this act, the following

rules apply:

(1) By express agreement evidenced by a record, the receiving

bank may limit the extent to which it is entitled to enforce or

retain payment of the payment order.

(2) The receiving bank is not entitled to enforce or retain

payment of the payment order if the customer proves that the order

was not caused, directly or indirectly, by a person (i) entrusted at

any time with duties to act for the customer with respect to payment

orders or the security procedure, or (ii) who obtained access to

transmitting facilities of the customer or who obtained, from a

source controlled by the customer and without authority of the

receiving bank, information facilitating breach of the security

procedure, regardless of how the information was obtained or whether

the customer was at fault. Information includes any access device,

computer software, or the like.

(b) This section applies to amendments of payment orders to the

same extent it applies to payment orders.
Okla. Stat. tit. 12, § 12-3003 — OK Code / Title 12 / Section 12-3003
Admissibility of duplicates
Status: in_force

A duplicate is admissible to the same extent as an original

under this rule or as may otherwise be provided by statute unless:

1. A genuine question is raised as to the authenticity of the

original; or

2. In the circumstances it would be unfair to admit the

duplicate in lieu of the original.
Okla. Stat. tit. 12, § 12-1583 — OK Code / Title 12 / Section 12-1583
Compelling delivery by attachment - Examination of party
Status: in_force

In an action to recover the possession of specific personal

property, the court, or judge in vacation, may for good cause shown,

before or after judgment, compel the delivery of the property to the

officer or party entitled thereto by attachment, and may examine

either party as to the possession or control of the property. Such

authority shall only be exercised in aid of the foregoing provisions

of this article.

R.L. 1910, § 4810.
Okla. Stat. tit. 12, § 12-729.1 — OK Code / Title 12 / Section 12-729.1
Short title
Status: in_force

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

Uniform Foreign-Money Claims Act".
Okla. Stat. tit. 12, § 12-136 — OK Code / Title 12 / Section 12-136
Actions against turnpike companies
Status: in_force

An action, other than one of those mentioned in the first three

sections of this article, against a turnpike road company, may be

brought in any county in which any part of such turnpike road or

roads lie.

R.L. 1910, § 4676.
Okla. Stat. tit. 12, § 12-1277.8 — OK Code / Title 12 / Section 12-1277.8
Renumbered as § 119 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12A, § 12A-2A-102 — OK Code / Title 12A / Section 12A-2A-102
Scope
Status: in_force

SCOPE

(1) This article applies to any transaction, regardless of

form, that creates a lease and, in the case of a hybrid lease, it

applies to the extent provided in paragraph (2) of this section.

(2) In a hybrid lease:

(a) if the lease-of-goods aspects do not predominate:

(i) only the provisions of this article which relate

primarily to the lease-of-goods aspects of the

transaction apply, and the provisions that relate

primarily to the transaction as a whole do not

apply;

(ii) Section 2A-209 of this title applies if the lease

is a finance lease; and

(iii) Section 2A-407 of this title applies to the

promises of the lessee in a finance lease to the

extent the promises are consideration for the

right to possession and use of the leased goods;

and

(b) if the lease-of-goods aspects predominate, this

article applies to the transaction, but does not

preclude application, in appropriate circumstances, of

other law to aspects of the lease which do not relate

to the lease of goods.
Okla. Stat. tit. 12, § 12-653 — OK Code / Title 12 / Section 12-653
Time of application
Status: in_force

A. Unless unavoidably prevented, an application for a new trial

by motion, if made, must be filed not later than ten (10) days after

the judgment, decree or appealable order prepared in conformance

with Section 696.3 of this title has been filed. More than ten (10)

days after the judgment, decree, or appealable order which conforms

with Section 696.3 of this title has been filed, an application for

a new trial by petition may be filed in conformance with the

provisions of Section 655 of this title.

B. If the moving party did not prepare the judgment, decree, or

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

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

party, and the court records do not reflect the mailing of a copy of

the judgment, decree, or appealable order to the moving party within

three (3) days, exclusive of weekends and holidays, after the filing

of the judgment, decree, or appealable order, the motion for new

trial may be filed no later than ten (10) days after the earliest

date on which the court records show that a copy of the judgment,

decree, or appealable order was mailed to the moving party.

Oklahoma Statutes - Title 12. Civil Procedure Page 104

C. A motion for new trial filed after the announcement of the

decision on all issues in the case but before the filing of the

judgment or decree shall be deemed filed immediately after the

filing of the judgment or decree.

R.L. 1910, § 5035. Amended by Laws 1953, p. 54, § 1; Laws 1990, c.

251, § 10, eff. Jan. 1, 1991; Laws 1991, c. 251, § 5, eff. June 1,

1991; Laws 1993, c. 351, § 8, eff. Oct. 1, 1993; Laws 1994, c. 343,

§ 1, eff. Sept. 1, 1994; Laws 1997, c. 102, § 1, eff. May 1, 1997;
Okla. Stat. tit. 12, § 12-3213 — OK Code / Title 12 / Section 12-3213
Renumbered as § 3236 of this title by Laws 1989, c. 129,
Status: in_force

§ 14, eff. Nov. 1, 1989.
Okla. Stat. tit. 12A, § 12A-2-716 — OK Code / Title 12A / Section 12A-2-716
Buyer's Right to Specific Performance or Replevin
Status: in_force

Buyer's Right to Specific Performance or Replevin.

(1) Specific performance may be decreed where the goods are

unique or in other proper circumstances.

(2) The decree for specific performance may include such terms

and conditions as to payment of the price, damages, or other relief

as the court may deem just.

(3) The buyer has a right of replevin for goods identified to

the contract if after reasonable effort he is unable to effect cover

for such goods or the circumstances reasonably indicate that such

effort will be unavailing or if the goods have been shipped under

reservation and satisfaction of the security interest in them has

been made or tendered. In the case of goods bought for personal,

family, or household purposes, the buyer’s right of replevin vests

upon acquisition of a special property, even if the seller had not

then repudiated or failed to deliver.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 228
Okla. Stat. tit. 12A, § 12A-15-119 — OK Code / Title 12A / Section 12A-15-119
Interoperability
Status: in_force

INTEROPERABILITY

A governmental agency of this state which adopts standards

pursuant to Section 18 of this act may encourage and promote

consistency and interoperability with similar requirements adopted

by other governmental agencies of this and other states and the

federal government and nongovernmental persons interacting with

governmental agencies of this state. If appropriate, those

standards may specify differing levels of standards from which

governmental agencies of this state may choose in implementing the

most appropriate standard for a particular application.
Okla. Stat. tit. 12, § 12-1758 — OK Code / Title 12 / Section 12-1758
Counterclaim or setoff by verified answer
Status: in_force

No formal pleading, other than the claim and notice, shall be

necessary, but if the defendant wishes to state new matter which

constitutes a counterclaim or a setoff, he shall file a verified

answer, a copy of which shall be delivered to the plaintiff in

person, and filed with the clerk of the court not later than

Oklahoma Statutes - Title 12. Civil Procedure Page 335

seventy-two (72) hours prior to the hour set for the first

appearance of said defendant in such action. Such answer shall be

made in substantially the following form:

COUNTERCLAIM OR SETOFF

In the District Court,

County of _______________,

State of Oklahoma.

____________________

Plaintiff

vs. Small Claims No. _________

____________________

Defendant

Claim of defendant.

STATE OF OKLAHOMA )

) ss

COUNTY OF _________)

__________, being first duly sworn, deposes and says: That said

plaintiff is indebted to said defendant in the sum of $________ for

_______, which amount defendant prays may be allowed as a claim

against the plaintiff herein.

________________________________________________

Subscribed and sworn to before me this _____ day of _____, 19__.

______________________________________

Notary Public (or Clerk or Judge)
Okla. Stat. tit. 12A, § 12A-2-322 — OK Code / Title 12A / Section 12A-2-322
Delivery "Ex-Ship"
Status: in_force

(1) Unless otherwise agreed a term for delivery of goods "ex-

ship" (which means from the carrying vessel) or in equivalent

language is not restricted to a particular ship and requires

delivery from a ship which has reached a place at the named port of

destination where goods of the kind are usually discharged.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 203

(2) Under such a term unless otherwise agreed

(a) the seller must discharge all liens arising out of the

carriage and furnish the buyer with a direction which puts the

carrier under a duty to deliver the goods; and

(b) the risk of loss does not pass to the buyer until the

goods leave the ship's tackle or are otherwise properly unloaded.
Okla. Stat. tit. 12, § 12-28 — OK Code / Title 12 / Section 12-28
Clerks to issue writs and orders - Preparation
Status: in_force

All writs and orders for provisional remedies, and process of

every kind shall be prepared by the party or his attorney who is

seeking the issuance of such writ, order, or process and shall be

issued by the clerks of the several courts.

R.L. 1910, § 5328. Amended by Laws 1969, c. 210, § 1.

Oklahoma Statutes - Title 12. Civil Procedure Page 37
Okla. Stat. tit. 12, § 12-1600.20b — OK Code / Title 12 / Section 12-1600.20b
Renumbered as § 322 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12, § 12-3307 — OK Code / Title 12 / Section 12-3307
Emergency order
Status: in_force

EMERGENCY ORDER.

During a collaborative law process, a tribunal may issue

emergency orders to protect the health, safety, welfare, or interest

of a party or family or household member authorized to seek a

protective order pursuant to the Protection from Domestic Abuse Act.
Okla. Stat. tit. 12A, § 12A-2-314 — OK Code / Title 12A / Section 12A-2-314
Implied Warranty: Merchantability; Usage of Trade
Status: in_force

(1) Unless excluded or modified (Section 2-316), a warranty

that the goods shall be merchantable is implied in a contract for

their sale if the seller is a merchant with respect to goods of that

kind. Under this section the serving for value of food or drink to

be consumed either on the premises or elsewhere is a sale.

(2) Goods to be merchantable must be at least such as

(a) pass without objection in the trade under the contract

description; and

(b) in the case of fungible goods, are of fair average

quality within the description; and

(c) are fit for the ordinary purposes for which such goods

are used; and

(d) run, within the variations permitted by the agreement,

of even kind, quality and quantity within each unit

and among all units involved; and

(e) are adequately contained, packaged, and labeled as the

agreement may require; and

(f) conform to the promises or affirmations of fact made

on the container or label if any.

(3) Unless excluded or modified (Section 2-316) other implied

warranties may arise from course of dealing or usage of trade.
Okla. Stat. tit. 12A, § 12A-1-9-337 — OK Code / Title 12A / Section 12A-1-9-337
Priority of security interests in goods covered by
Status: in_force

certificate of title.

PRIORITY OF SECURITY INTERESTS IN

GOODS COVERED BY CERTIFICATE OF TITLE

If, while a security interest in goods is perfected by any

method under the law of another jurisdiction, this state issues a

certificate of title that does not show that the goods are subject

to the security interest or does not contain a statement that they

may be subject to security interests not shown on the certificate:

(1) a buyer of the goods, other than a person in the business

of selling goods of that kind, takes free of the security interest

if the buyer gives value and receives delivery of the goods after

issuance of the certificate and without knowledge of the security

interest; and

(2) the security interest is subordinate to a conflicting

security interest in the goods that attaches, and is perfected under

subsection (b) of Section 1-9-311 of this title, after issuance of

the certificate and without the conflicting secured party’s

knowledge of the security interest.
Okla. Stat. tit. 12, § 12-1754 — OK Code / Title 12 / Section 12-1754
Preparation of affidavit - Copies
Status: in_force

The claimant shall prepare such an affidavit as is set forth in

Section 3 of this act, or, at his request, the clerk of said court

shall draft the same for him. Such affidavit may be presented by

the claimant in person or sent to the clerk by mail. Upon receipt

of said affidavit, properly sworn to, the clerk shall file the same

and make a true and correct copy thereof, and the clerk shall fill

in the blanks in the order printed on said copy and sign the order.
Okla. Stat. tit. 12A, § 12A-1-9-307 — OK Code / Title 12A / Section 12A-1-9-307
Location of debtor
Status: in_force

LOCATION OF DEBTOR

(a) In this section, "place of business" means a place where a

debtor conducts its affairs.

(b) Except as otherwise provided in this section, the following

rules determine a debtor's location:

(1) A debtor who is an individual is located at the

individual's principal residence;

(2) A debtor that is an organization and has only one place of

business is located at its place of business; and

(3) A debtor that is an organization and has more than one

place of business is located at its chief executive office.

(c) Subsection (b) of this section applies only if a debtor's

residence, place of business, or chief executive office, as

applicable, is located in a jurisdiction whose law generally

requires information concerning the existence of a nonpossessory

security interest to be made generally available in a filing,

recording, or registration system as a condition or result of the

security interest's obtaining priority over the rights of a lien

creditor with respect to the collateral. If subsection (b) of this

section does not apply, the debtor is located in the District of

Columbia.

(d) A person that ceases to exist, have a residence, or have a

place of business continues to be located in the jurisdiction

specified by subsections (b) and (c) of this section.

(e) A registered organization that is organized under the law

of a state is located in that state.

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

section, a registered organization that is organized under the law

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 57

of the United States and a branch or agency of a bank that is not

organized under the law of the United States or a state are located:

(1) in the state that the law of the United States designates,

if the law designates a state of location;

(2) in the state that the registered organization, branch, or

agency designates, if the law of the United States authorizes the

registered organization, branch, or agency to designate its state of

location, including by designating its main office, home office, or

other comparable office; or

(3) in the District of Columbia, if neither paragraph (1) nor

paragraph (2) of this subsection applies.

(g) A registered organization continues to be located in the

jurisdiction specified by subsection (e) or (f) of this section

notwithstanding:

(1) the suspension, revocation, forfeiture, or lapse of the

registered organization's status as such in its jurisdiction of

organization; or

(2) the dissolution, winding up, or cancellation of the

existence of the registered organization.

(h) The United States is located in the District of Columbia.

(i) A branch or agency of a bank that is not organized under

the law of the United States or a state is located in the state in

which the branch or agency is licensed, if all branches and agencies

of the bank are licensed in only one state.

(j) A foreign air carrier under the Federal Aviation Act of

1958, as amended, is located at the designated office of the agent

upon which service of process may be made on behalf of the carrier.

(k) This section applies only for purposes of this part.
Okla. Stat. tit. 12, § 12-2803.1 — OK Code / Title 12 / Section 12-2803.1
Statements of children not having attained 16 years,
Status: in_force

incapacitated persons, or vulnerable adults describing certain acts

— Admissibility in criminal and juvenile proceedings.

A. The following statements are admissible in juvenile deprived

proceedings and pre-trial and post-trial criminal and juvenile

delinquent proceedings including preliminary hearings, prosecutive

merit hearings, and hearings on the revocation of probation or

acceleration of a deferred judgment:

1. A statement made by a child who has not attained sixteen

(16) years of age at the time the statement is made, a child sixteen

(16) years of age or older who has a disability, or a person who is

an incapacitated person or vulnerable adult as defined by Section

10-103 of Title 43A of the Oklahoma Statutes, which describes any

act of physical abuse, domestic abuse, neglect, enabling physical

abuse or neglect against the child, incapacitated person, or

vulnerable adult or any act of sexual contact, any conduct

proscribed by Sections 741, 745, 748, 843.1, 843.2, 843.3, 843.4,

843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117, 1118,

1119, 1123, or 1125 of Title 21 of the Oklahoma Statutes, performed

with or on the child, incapacitated person, or vulnerable adult by

another, or any act or omission resulting in great bodily injury to

the child, incapacitated person, or vulnerable adult; and

2. A statement made by a child who has not attained sixteen

(16) years of age at the time the statement is made, a child sixteen

(16) years of age or older who has a disability, or a person who is

an incapacitated person or vulnerable adult as defined by Section

10-103 of Title 43A of the Oklahoma Statutes, which describes any

act of physical abuse, neglect, or enabling physical abuse or

neglect against another child, incapacitated person, or vulnerable

adult, any act of sexual contact with another child, incapacitated

person, or vulnerable adult, any conduct proscribed by Sections 741,

745, 748, 843.1, 843.2, 843.3, 843.4, 843.5, or 1111, 1111.1, 1112,

1113, 1114, 1115, 1116, 1117, 1118, 1119, 1123, or 1125 of Title 21

of the Oklahoma Statutes, any act of domestic abuse, or any act or

omission resulting in death or great bodily injury to a human being,

provided that the child, incapacitated person, or vulnerable adult

witnessed the act or omission.

B. The following statements are admissible in criminal and

juvenile delinquent trials if the child, incapacitated person, or

vulnerable adult testifies at the trial whether in person, via

videoconferencing equipment, or other alternative means; if the

child, incapacitated person, or vulnerable adult does not testify at

the trial and is unavailable as defined by subsection A of Section

2804 of this title and the requirements for admissibility pursuant

to subsection B of Section 2804 of this title are satisfied; or if

the child, incapacitated person, or vulnerable adult does not

Oklahoma Statutes - Title 12. Civil Procedure Page 483

testify at the trial and the court determines that the statement is

nontestimonial:

1. A statement made by a child who has not attained sixteen

(16) years of age at the time the statement is made, a child sixteenOklahoma Statutes - Title 12. Civil Procedure Page 29subsection B of Section 2804 of this title are satisfied; or if

the child, incapacitated person, or vulnerable adult does not

Oklahoma Statutes - Title 12. Civil Procedure Page 483

testify at the trial and the court determines that the statement is

nontestimonial:

1. A statement made by a child who has not attained sixteen

(16) years of age at the time the statement is made, a child sixteen

(16) years of age or older who has a disability, or a person who is

an incapacitated person or vulnerable adult as defined by Section

10-103 of Title 43A of the Oklahoma Statutes, which describes any

act of physical abuse, domestic abuse, neglect, enabling physical

abuse or neglect against the child, incapacitated person, or

vulnerable adult or any act of sexual contact, any conduct

proscribed by Sections 741, 745, 748, 843.1, 843.2, 843.3, 843.4,

843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117, 1118,

1119, 1123, or 1125 of Title 21 of the Oklahoma Statutes, performed

with or on the child, incapacitated person, or vulnerable adult by

another, or any act or omission resulting in great bodily injury to

the child, incapacitated person, or vulnerable adult; and

2. A statement made by a child who has not attained sixteen

(16) years of age at the time the statement is made, a child sixteen

(16) years of age or older who has a disability, or a person who is

an incapacitated person or vulnerable adult as defined by Section

10-103 of Title 43A of the Oklahoma Statutes, which describes any

act of physical abuse, neglect, or enabling physical abuse or

neglect against another child, incapacitated person, or vulnerable

adult, any act of sexual conduct with another child, incapacitated

person, or vulnerable adult, any conduct proscribed by Sections 741,

745, 748, 843.1, 843.2, 843.3, 843.4, 843.5, or 1111, 1111.1, 1112,

1113, 1114, 1115, 1116, 1117, 1118, 1119, 1123, or 1125 of Title 21

of the Oklahoma Statutes, any act of domestic abuse, or any act or

omission resulting in death or great bodily injury to a human being,

provided that the child, incapacitated person, or vulnerable adult

witnessed the act or omission.

C. The provisions of the Oklahoma Criminal Discovery Code,

Section 2002 of Title 22 of the Oklahoma Statutes, shall govern the

disclosure and notice requirements of statements offered pursuant to

this section.

D. As used in this section, “disability” means a physical or

mental impairment which substantially limits one or more of the

major life activities of the child or the child is regarded as

having such an impairment by a competent medical professional.
Okla. Stat. tit. 12A, § 12A-3-312 — OK Code / Title 12A / Section 12A-3-312
Lost, Destroyed, or Stolen Cashier's Check, Teller's
Status: in_force

Check, or Certified Check.

LOST, DESTROYED, OR STOLEN CASHIER'S CHECK,

TELLER'S CHECK, OR CERTIFIED CHECK

(a) In this section:

(1) "Check" means a cashier's check, teller's check, or

certified check;

(2) "Claimant" means a person who claims the right to

receive the amount of a cashier's check, teller's

check, or certified check that was lost, destroyed, or

stolen;

(3) "Declaration of loss" means a statement, made in a

record under penalty of perjury, to the effect that

(i) the declarer lost possession of a check, (ii) the

declarer is the drawer or payee of the check, in the

case of a certified check, or the remitter or payee of

the check, in the case of a cashier's or teller's

check, (iii) the loss of possession was not the result

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 305

of a transfer by the declarer or a lawful seizure, and

(iv) the declarer cannot reasonably obtain possession

of the check because the check was destroyed, its

whereabouts cannot be determined, or it is in the

wrongful possession of an unknown person or a person

that cannot be found or is not amenable to service of

process; and

(4) "Obligated bank" means the issuer of a cashier's check

or a teller's check or the acceptor of a certified

check.

(b) A claimant may assert a claim to the amount of a check by a

communication to the obligated bank describing the check with

reasonable certainty and requesting payment of the amount of the

check, if (i) the claimant is the drawer or payee of a certified

check or the remitter or payee of a cashier's check or teller's

check, (ii) the communication contains or is accompanied by a

declaration of loss of the claimant with respect to the check, (iii)

the communication is received at a time and in a manner affording

the bank reasonable time to act on it before the check is paid, and

(iv) the claimant provides reasonable identification if requested by

the obligated bank. Delivery of a declaration of loss is a warranty

of the truth of the statements made in the declaration. If a claim

is asserted in compliance with this subsection, the following rules

apply:

(1) The claim becomes enforceable at the later of (i) the

time the claim is asserted, or (ii) the ninetieth

(90th) day following the date of the check, in the

case of a cashier's check or teller's check, or the

ninetieth (90th) day following the date of the

acceptance, in the case of a certified check;

(2) Until the claim becomes enforceable, it has no legal

effect and the obligated bank may pay the check or, in

the case of a teller's check, may permit the drawee to

pay the check. Payment to a person entitled to

enforce the check discharges all liability of the

obligated bank with respect to the check;

(3) If the claim becomes enforceable before the check is

presented for payment, the obligated bank is not

obliged to pay the check; and

(4) When the claim becomes enforceable, the obligated bank

becomes obliged to pay the amount of the check to the

claimant if payment of the check has not been made to

a person entitled to enforce the check. Subject to

paragraph (1) of subsection (a) of Section 4-302 of

this title, payment to the claimant discharges all

liability of the obligated bank with respect to the

check.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 306

(c) If the obligated bank pays the amount of a check to a

claimant under paragraph (4) of subsection (b) of this section and

the check is presented for payment by a person having rights of a

holder in due course, the claimant is obliged to (i) refund the

payment to the obligated bank if the check is paid, or (ii) pay the

amount of the check to the person having rights of a holder in due

course if the check is dishonored.

(d) If a claimant has the right to assert a claim under

subsection (b) of this section and is also a person entitled to

enforce a cashier's check, teller's check, or certified check which

is lost, destroyed, or stolen, the claimant may assert rights with

respect to the check either under this section or Section 3-309 of

this title.
Okla. Stat. tit. 12A, § 12A-1-9-616 — OK Code / Title 12A / Section 12A-1-9-616
Explanation of calculation of surplus or deficiency
Status: in_force

EXPLANATION OF CALCULATION OF SURPLUS OR DEFICIENCY

(a) In this section:

(1) "Explanation" means a record that:

(A) states the amount of the surplus or deficiency;

(B) provides an explanation in accordance with subsection

(c) of this section of how the secured party

calculated the surplus or deficiency;

(C) states, if applicable, that future debits, credits,

charges, including additional credit service charges

or interest, rebates, and expenses may affect the

amount of the surplus or deficiency; and

(D) provides a telephone number or mailing address from

which additional information concerning the

transaction is available.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 150

(2) "Request" means a record:

(A) signed by a debtor or consumer obligor;

(B) requesting that the recipient provide an explanation;

and

(C) sent after disposition of the collateral under Section

1-9-610 of this title.

(b) In a consumer-goods transaction in which the debtor is

entitled to a surplus or a consumer obligor is liable for a

deficiency under Section 1-9-615 of this title, the secured party

shall:

(1) send an explanation to the debtor or consumer obligor, as

applicable, after the disposition and:

(A) before or when the secured party accounts to the

debtor and pays any surplus or first makes demand in a

record on the consumer obligor after the disposition

for payment of the deficiency; and

(B) within fourteen (14) days after receipt of a request;

or

(2) in the case of a consumer obligor who is liable for a

deficiency, within fourteen (14) days after receipt of a request,

send to the consumer obligor a record waiving the secured party's

right to a deficiency.

(c) To comply with subparagraph (B) of paragraph (1) of

subsection (a) of this section, an explanation must provide the

following information in the following order:

(1) the aggregate amount of obligations secured by the security

interest under which the disposition was made, and, if the amount

reflects a rebate of unearned interest or credit service charge, an

indication of that fact, calculated as of a specified date:

(A) if the secured party takes or receives possession of

the collateral after default, not more than thirty-

five (35) days before the secured party takes or

receives possession; or

(B) if the secured party takes or receives possession of

the collateral before default or does not take

possession of the collateral, not more than thirty-

five (35) days before the disposition;

(2) the amount of proceeds of the disposition;

(3) the aggregate amount of the obligations after deducting the

amount of proceeds;

(4) the amount, in the aggregate or by type, and types of

expenses, including expenses of retaking, holding, preparing for

disposition, processing, and disposing of the collateral, and

attorney fees secured by the collateral which are known to the

secured party and relate to the current disposition;

(5) the amount, in the aggregate or by type, and types of

credits, including rebates of interest or credit service charges, to

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 151

which the obligor is known to be entitled and which are not

reflected in the amount in paragraph (1) of this subsection; and

(6) the amount of the surplus or deficiency.

(d) A particular phrasing of the explanation is not required.

An explanation complying substantially with the requirements of

subsection (a) of this section is sufficient, even if it includes

minor errors that are not seriously misleading.

(e) A debtor or consumer obligor is entitled without charge to

one response to a request under this section during any six-month

period in which the secured party did not send to the debtor or

consumer obligor an explanation pursuant to paragraph (1) of

subsection (b) of this section. The secured party may require

payment of a charge not exceeding Twenty-five Dollars ($25.00) for

each additional response.
Okla. Stat. tit. 12A, § 12A-1-9-526 — OK Code / Title 12A / Section 12A-1-9-526
Filing-office rules
Status: in_force

FILING-OFFICE RULES

(a) The county clerk of Oklahoma County shall adopt and publish

rules to implement this article. The filing-office rules must be:

(1) consistent with this article; and

(2) adopted and published in accordance with Section 1-9-526.1

of this title.

(b) To keep the filing-office rules and practices of the filing

office in harmony with the rules and practices of filing offices in

other jurisdictions that enact substantially this part, and to keep

the technology used by the filing office compatible with the

technology used by filing offices in other jurisdictions that enact

substantially this part, the county clerk of Oklahoma County, so far

as is consistent with the purposes, policies, and provisions of this

article, in adopting, amending, and repealing filing-office rules,

shall:

(1) consult with filing offices in other jurisdictions that

enact substantially this part;

(2) consult the most recent version of the Model Rules

promulgated by the International Association of Corporate

Administrators or any successor organization; and

(3) take into consideration the rules and practices of, and the

technology used by, filing offices in other jurisdictions that enact

substantially this part.
Okla. Stat. tit. 12A, § 12A-4A-502 — OK Code / Title 12A / Section 12A-4A-502
Creditor process served on receiving bank; setoff by
Status: in_force

beneficiary's bank.

CREDITOR PROCESS SERVED ON RECEIVING BANK; SETOFF BY

BENEFICIARY'S BANK

(a) As used in this section, "creditor process" means levy,

attachment, garnishment, notice of lien, sequestration, or similar

process issued by or on behalf of a creditor or other claimant with

respect to an account.

(b) This subsection applies to creditor process with respect to

an authorized account of the sender of a payment order if the

creditor process is served on the receiving bank. For the purpose

of determining rights with respect to the creditor process, if the

receiving bank accepts the payment order the balance in the

authorized account is deemed to be reduced by the amount of the

payment order to the extent the bank did not otherwise receive

payment of the order, unless the creditor process is served at a

time and in a manner affording the bank a reasonable opportunity to

act on it before the bank accepts the payment order.

(c) If a beneficiary's bank has received a payment order for

payment to the beneficiary's account in the bank, the following

rules apply:

(1) The bank may credit the beneficiary's account. The amount

credited may be set off against an obligation owed by the

beneficiary to the bank or may be applied to satisfy creditor

process served on the bank with respect to the account.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 378

(2) The bank may credit the beneficiary's account and allow

withdrawal of the amount credited unless creditor process with

respect to the account is served at a time and in a manner affording

the bank a reasonable opportunity to act to prevent withdrawal.

(3) If creditor process with respect to the beneficiary's

account has been served and the bank has had a reasonable

opportunity to act on it, the bank may not reject the payment order

except for a reason unrelated to the service of process.

(d) Creditor process with respect to a payment by the

originator to the beneficiary pursuant to a funds transfer may be

served only on the beneficiary's bank with respect to the debt owed

by that bank to the beneficiary. Any other bank served with the

creditor process is not obliged to act with respect to the process.
Okla. Stat. tit. 12, § 12-1533 — OK Code / Title 12 / Section 12-1533
Persons who may bring action - Expenses - Petition by
Status: in_force

Attorney General or district attorney - Recovery of damages.

When the action is brought by the Attorney General or the

district attorney of any county of his own motion, or when directed

to do so by competent authority, it shall be prosecuted in the name

of the state, but where the action is brought by a person claiming

Oklahoma Statutes - Title 12. Civil Procedure Page 309

an interest in the office, franchise or corporation, or claiming any

interest adverse to the franchise, gift or grant, which is the

subject of the action, it shall be prosecuted in the name and under

the direction, and at the expense of such persons; whenever the

action is brought against a person for usurping an office by the

Attorney General or the district attorney, he shall set forth in the

petition the name of the person rightfully (entitled) to the office

and his right or title thereto; when the action in such case is

brought by the person claiming title, he may claim and recover any

damage he may have sustained.

R.L. 1910, § 4921.Oklahoma Statutes - Title 12. Civil Procedure Page 22

Oklahoma Statutes - Title 12. Civil Procedure Page 23

Oklahoma Statutes - Title 12. Civil Procedure Page 24
Okla. Stat. tit. 12, § 12-1116 — OK Code / Title 12 / Section 12-1116
Order defined
Status: in_force

Every direction of a court or judge made or entered in writing,

and not included in a judgment, is an order.

R.L. 1910, § 5316.
Okla. Stat. tit. 12, § 12-111 — OK Code / Title 12 / Section 12-111
Period for bringing actions not extended
Status: in_force

Nothing in this act shall be construed as extending the period

prescribed by the laws of this state for the bringing of any action.
Okla. Stat. tit. 12, § 12-927 — OK Code / Title 12 / Section 12-927
Certain costs taxed at discretion of court
Status: in_force

Unless otherwise provided by statute, the costs of motions,

continuances, amendments and the like, shall be taxed and paid as

the court, in its discretion, may direct.

R.L. 1910, § 5228.
Okla. Stat. tit. 12, § 12-2003.3 — OK Code / Title 12 / Section 12-2003.3
Commencement of action based on website accessibility
Status: in_force

claim.

Oklahoma Statutes - Title 12. Civil Procedure Page 373

COMMENCEMENT OF ACTION BASED ON WEBSITE ACCESSIBILITY CLAIM

A. Prior to filing any civil action or a petition for

injunctive relief based on a claim that an organization's website

does not conform with applicable law, codes and standards for

websites for the visually or hearing impaired, the plaintiff shall

notify the defendant in writing of the plaintiff's assertion that

its website does not comply with applicable law, codes and standards

regulating the functionality of an organization's website to

accommodate visually or hearing impaired individuals and the

specific violations that the plaintiff asserts. The notice shall be

sent by certified mail with return receipt requested at least one

hundred twenty (120) days prior to the filing of a petition for

injunctive relief.

B. In any civil action or action for injunctive relief based on

a claim that an organization's website does not conform with

applicable law, codes and standards for the visually or hearing

impaired, the plaintiff shall attach to the petition:

1. A copy of the notice required by subsection A of this

section; and

2. A copy of the certified mail return receipt signed by the

defendant or person authorized to receive service of process for the

defendant.

C. If a civil action or action for injunctive relief that is

based on a claim that an organization's website does not conform

with applicable law, codes and standards for the visually or hearing

impaired is filed without the documentation required by subsection B

of this section or if the petition is filed less than one hundred

twenty (120) days after the date the notice required by subsection A

of this section is sent, the court shall, upon motion of the

defendant, dismiss the action without prejudice to its refiling.

D. If the defendant corrects the alleged website defect prior

to the filing of the petition and the plaintiff files the petition,

the court shall dismiss the action and award court costs and

reasonable attorney fees to the defendant. In addition, the court

shall impose sanctions if the action is determined to be frivolous

pursuant to Section 2011 of Title 12 of the Oklahoma Statutes.

E. If the defendant has made a reasonable effort to correct the

defect but has not completed the correction within one hundred

twenty (120) days of notification as directed in subsection A of

this section or prior to the filing of the petition, the court may,

upon application of the defendant for good cause shown, grant the

defendant a reasonable extension of time, based on the nature of the

work needed on the website to correct the deficiency. If the

correction is completed within that period of time, the court shall

dismiss the action.
Okla. Stat. tit. 12, § 12-682 — OK Code / Title 12 / Section 12-682
Given for or against whom - Dismissal of petition - Suits
Status: in_force

against officers, directors and shareholders - Statute of

limitations.

A. Judgment may be given for or against one or more of several

plaintiffs, and for or against one or more of several defendants; it

may determine the ultimate rights of the parties on either side, as

between themselves, and it may grant to the defendant any

affirmative relief to which he or she may be entitled. In an action

against several defendants, the court may, in its discretion, render

judgment against one or more of them, leaving the action to proceed

against the others whenever a several judgment may be proper. The

court may also dismiss the petition with costs, in favor of one or

more defendants, in case of unreasonable neglect on the part of the

plaintiff to serve the summons on other defendants, or proceed in

the cause against the defendant or defendants served.

B. No suit or claim of any nature shall be brought against any

officer, director or shareholder for the debt or liability of a

corporation of which he or she is an officer, director or

shareholder, until judgment is obtained therefor against the

corporation and execution thereon returned unsatisfied. This

provision includes, but is not limited to, claims based on vicarious

liability and alter ego. Provided, nothing herein prohibits a suit

or claim against an officer, director or shareholder for their own

conduct, act or contractual obligation, not within the scope of

their role as an officer, director or shareholder, arising out of or

in connection with their direct involvement in the same or related

transaction or occurrence.

C. Members and managers of limited liability companies shall be

afforded the same substantive and procedural protection from suits

and claims as the protections provided to officers, directors and

shareholders of a corporation as set forth in subsection B of this

section.

D. The statute of limitations on any claim precluded by this

section, either against an officer, director or shareholder of a

corporation or a member or manager of a limited liability company,

Oklahoma Statutes - Title 12. Civil Procedure Page 108

shall not accrue until judgment is obtained against the corporation

and execution thereon returned unsatisfied.

R.L. 1910, § 5124. Amended by Laws 2013, c. 265, § 1, eff. Nov. 1,

2013; Laws 2016, c. 116, § 1, eff. Nov. 1, 2016.
Okla. Stat. tit. 12, § 12-2304 — OK Code / Title 12 / Section 12-2304
Presumptions in criminal cases
Status: in_force

A. Except as otherwise provided by act of the Legislature, this

statute governs presumptions against an accused, in a criminal case,

recognized at common law or created by statute, including statutory

provisions that certain facts are prima facie evidence of other

facts or of guilt.

B. The court shall not direct the jury to find a presumed fact

against an accused. If a presumed fact establishes guilt, is an

element of the offense, or negates a defense, the court may submit

the question of guilt or of the existence of the presumed fact to

the jury, if a reasonable juror considering the evidence as a whole,

including the evidence of the basic facts, could find guilt or the

presumed fact beyond a reasonable doubt. If the presumed fact has a

lesser effect, its existence may be submitted to the jury if the

basic facts are supported by substantial evidence, or are otherwise

established, unless the evidence as a whole negates the existence of

the presumed fact.

C. Whenever the existence of a presumed fact against the

accused establishes guilt or is an element of the offense or

negatives a defense and is submitted to the jury, the judge shall

Oklahoma Statutes - Title 12. Civil Procedure Page 445

give an instruction explaining that the jury may regard the basic

facts as sufficient evidence of the presumed fact but is not

required to do so. Where the presumed fact establishes guilt, is an

element of the offense or negatives a defense, the judge also shall

instruct the jury that its existence, on all the evidence, must be

proved beyond a reasonable doubt.
Okla. Stat. tit. 12, § 12-3314 — OK Code / Title 12 / Section 12-3314
Appropriateness of collaborative law process
Status: in_force

APPROPRIATENESS OF COLLABORATIVE LAW PROCESS.

Before a prospective party signs a collaborative law

participation agreement, a prospective collaborative lawyer shall:

1. Assess with the prospective party factors the lawyer

reasonably believes relate to whether a collaborative law process is

appropriate for the prospective party’s matter;

Oklahoma Statutes - Title 12. Civil Procedure Page 551

2. Provide the prospective party with information that the

lawyer reasonably believes is sufficient for the party to make an

informed decision about the material benefits and risks of a

collaborative law process as compared to the material benefits and

risks of other reasonably available alternatives for resolving the

proposed collaborative matter, such as litigation, mediation,

arbitration, or expert evaluation; and

3. Advise the prospective party that:

a. after signing an agreement if a party initiates a

proceeding or seeks tribunal intervention in a pending

proceeding related to the collaborative matter, the

collaborative law process terminates,

b. participation in a collaborative law process is

voluntary and any party has the right to terminate

unilaterally a collaborative law process with or

without cause, and

c. the collaborative lawyer and any lawyer in a law firm

with which the collaborative lawyer is associated may

not appear before a tribunal to represent a party in a

proceeding related to the collaborative matter, except

as authorized by subsection C of Section 9 of this

act, subsection B of Section 10 of this act, or

subsection B of Section 11 of this act.
Okla. Stat. tit. 12, § 12-1221 — OK Code / Title 12 / Section 12-1221
Different attachments of same property
Status: in_force

Different attachments of the same property may be made by the

same officer, and one inventory and appraisement shall be

sufficient; and it shall not be necessary to return the same with

more than one order.

R.L. 1910, § 4842.
Okla. Stat. tit. 12, § 12-1241 — OK Code / Title 12 / Section 12-1241
Motion to discharge attachment
Status: in_force

The defendant may, at any time before judgment upon reasonable

notice to the plaintiff, move to discharge an attachment, as to the

whole or part of the property attached. A motion to discharge an

attachment shall be heard promptly, and in any case within five (5)

days after the date that it was filed. Where the defendant did not

receive actual notice of the hearing, the court must grant his

motion unless, at the hearing on defendant's motion, the plaintiff

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

averments in his application.

R.L. 1910, § 4862. Amended by Laws 1976, c. 87, § 3, emerg. eff.

May 4, 1976.
Okla. Stat. tit. 12A, § 12A-3-108 — OK Code / Title 12A / Section 12A-3-108
Payable on Demand or at Definite Time
Status: in_force

PAYABLE ON DEMAND OR AT DEFINITE TIME

(a) A promise or order is "payable on demand" if it (i) states

that it is payable on demand or at sight, or otherwise indicates

that it is payable at the will of the holder, or (ii) does not state

any time of payment.

(b) A promise or order is "payable at a definite time" if it is

payable on elapse of a definite period of time after sight or

acceptance or at a fixed date or dates or at a time or times readily

ascertainable at the time the promise or order is issued, subject to

rights of (i) prepayment, (ii) acceleration, (iii) extension at the

option of the holder, or (iv) extension to a further definite time

at the option of the maker or acceptor or automatically upon or

after a specified act or event.

(c) If an instrument, payable at a fixed date, is also payable

upon demand made before the fixed date, the instrument is payable on

demand until the fixed date and, if demand for payment is not made

before that date, becomes payable at a definite time on the fixed

date.
Okla. Stat. tit. 12A, § 12A-1-9-205 — OK Code / Title 12A / Section 12A-1-9-205
Use or disposition of collateral permissible
Status: in_force

USE OR DISPOSITION OF COLLATERAL PERMISSIBLE

(a) A security interest is not invalid or fraudulent against

creditors solely because:

(1) the debtor has the right or ability to:

(A) use, commingle, or dispose of all or part of the

collateral, including returned or repossessed goods;

(B) collect, compromise, enforce, or otherwise deal with

collateral;

(C) accept the return of collateral or make repossessions;

or

(D) use, commingle, or dispose of proceeds; or

(2) the secured party fails to require the debtor to account

for proceeds or replace collateral.

(b) This section does not relax the requirements of possession

if attachment, perfection, or enforcement of a security interest

depends upon possession of the collateral by the secured party.
Okla. Stat. tit. 12, § 12-2703 — OK Code / Title 12 / Section 12-2703
Bases of opinion testimony by experts
Status: in_force

The facts or data in the particular case upon which an expert

bases an opinion or inference may be those perceived by or made

known to the expert at or before the hearing. If of a type

reasonably relied upon by experts in the particular field in forming

opinions or inferences upon the subject, the facts or data need not

be admissible in evidence in order for the opinion or inference to

Oklahoma Statutes - Title 12. Civil Procedure Page 477

be admitted. Facts or data that are otherwise inadmissible shall

not be disclosed to the jury by the proponent of the opinion or

inference unless the court determines that their probative value in

assisting the jury to evaluate the expert's opinion substantially

outweighs their prejudicial effect.
Okla. Stat. tit. 12, § 12-575.1 — OK Code / Title 12 / Section 12-575.1
Selection of jury in discretion of court - Manner
Status: in_force

Notwithstanding other methods authorized by law, the trial judge

may direct in his discretion that a jury in a civil case be selected

in the following manner:

(a) if the case be triable to a twelve-man jury, eighteen

prospective jurors shall be called and seated in the box

and then examined on voir dire; when eighteen such

Oklahoma Statutes - Title 12. Civil Procedure Page 94

prospective jurors have been passed for cause, each side of

the lawsuit shall exercise its peremptory challenges out of

the hearing of the jury by alternately striking three names

from the list of those so passed for cause, and the

remaining twelve persons shall be sworn to try the case;

(b) if the case be triable to a six-man jury, twelve

prospective jurors shall be called and seated in the box

and then examined on voir dire; when twelve such

prospective jurors have been passed for cause, each side of

the lawsuit shall exercise its peremptory challenges out of

the hearing of the jury by alternately striking three names

from the list of those so passed for cause, and the

remaining six persons shall be sworn to try the case.

If there be more than one defendant in the case, and the trial

judge determines on motion that there is a serious conflict of

interest between them, he may, in his discretion, allow each

defendant to strike three names from the list of jurors seated and

passed for cause. In such case he shall appropriately increase the

number of jurors initially called and seated in the box for voir

dire examination.
Okla. Stat. tit. 12, § 12-1240 — OK Code / Title 12 / Section 12-1240
Additional security by plaintiff
Status: in_force

The defendant may, at any time before judgment, after reasonable

notice to the plaintiff, move the court for additional security on

the part of the plaintiff; and if, on such motion, the court is

satisfied that the surety in the plaintiff's undertaking has removed

from this state, or is not sufficient for the amount thereof, it may

vacate the order of attachment and direct restitution of any

property taken under it, unless, in a reasonable time, to be fixed

by the court, sufficient security be given by the plaintiff.

R.L. 1910, § 4861.
Okla. Stat. tit. 12A, § 12A-15-108 — OK Code / Title 12A / Section 12A-15-108
Provision of information in writing; presentation of
Status: in_force

records.

PROVISION OF INFORMATION IN WRITING; PRESENTATION OF RECORDS

(a) If parties have agreed to conduct a transaction by

electronic means and a law requires a person to provide, send, or

deliver information in writing to another person, the requirement is

satisfied if the information is provided, sent, or delivered, as the

case may be, in an electronic record capable of retention by the

recipient at the time of receipt. An electronic record is not

capable of retention by the recipient if the sender or its

information processing system inhibits the ability of the recipient

to print or store the electronic record.

(b) If a law other than this act requires a record (i) to be

posted or displayed in a certain manner, (ii) to be sent,

communicated, or transmitted by a specified method, or (iii) to

contain information that is formatted in a certain manner, the

following rules apply:

(1) The record must be posted or displayed in the manner

specified in the other law;

(2) Except as otherwise provided in paragraph (2) of subsection

(d) of this section, the record must be sent, communicated, or

transmitted by the method specified in the other law; and

(3) The record must contain the information formatted in the

manner specified in the other law.

(c) If a sender inhibits the ability of a recipient to store or

print an electronic record, the electronic record is not enforceable

against the recipient.

(d) The requirements of this section may not be varied by

agreement, but:

(1) to the extent a law other than this act requires

information to be provided, sent, or delivered in writing but

permits that requirement to be varied by agreement, the requirement

under subsection (a) of this section that the information be in the

form of an electronic record capable of retention may also be varied

by agreement; and

(2) a requirement under a law other than this act to send,

communicate, or transmit a record by first-class mail, postage

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 475

prepaid, or regular United States mail, may be varied by agreement

to the extent permitted by the other law.
Okla. Stat. tit. 12, § 12-985 — OK Code / Title 12 / Section 12-985
Who need not give bond on appeal
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 183

Executors, administrators and guardians who have given bond in

this state, with sureties, according to law, are not required to

give an undertaking on appeal or proceedings in error.

R.L. 1910, § 5276.
Okla. Stat. tit. 12, § 12-134 — OK Code / Title 12 / Section 12-134
Domestic limited liability companies or corporations
Status: in_force

An action, other than one described in Sections 131 through 133

of this title, against a limited liability company or corporation

created by the laws of this state may be brought in the county in

which it is situated or has its principal office or place of

business, in which any of the members, managers or principal

officers thereof may reside or be summoned, where the cause of

action or some part thereof arose, or where a codefendant of such

limited liability company or corporation created by the laws of this

state may properly be sued.

R.L. 1910, § 4674. Amended by Laws 1913, c. 83, p. 133, § 1; Laws

1970, c. 190, § 2, eff. Jan. 1, 1971; Laws 2023, c. 309, § 1, eff.

Nov. 1, 2023.
Okla. Stat. tit. 12A, § 12A-8-510 — OK Code / Title 12A / Section 12A-8-510
Rights of Purchaser of Security Entitlement from
Status: in_force

Entitlement Holder.

Rights of Purchaser of Security Entitlement from Entitlement

Holder.

(a) In a case not covered by the priority rules in Article 9 or

the rules stated in subsection (c), an action based on an adverse

claim to a financial asset or security entitlement, whether framed

in conversion, replevin, constructive trust, equitable lien, or

other theory, may not be asserted against a person who purchases a

security entitlement, or an interest therein, from an entitlement

holder if the purchaser gave value, does not have notice of the

adverse claim, and obtains control.

(b) If an adverse claim could not have been asserted against an

entitlement holder under Section 8-502 of this title, the adverse

claim cannot be asserted against a person who purchases a security

entitlement, or an interest therein, from the entitlement holder.

(c) In a case not covered by the priority rules in Article 9 of

this code, a purchaser for value of a security entitlement, or an

interest therein, who obtains control has priority over a purchaser

of a security entitlement, or an interest therein, who does not

obtain control. Except as otherwise provided in subsection (d) of

this section, purchasers who have control rank according to priority

in time of:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 455

(1) the purchaser’s becoming the person for whom the securities

account, in which the security entitlement is carried, is

maintained, if the purchaser obtained control under paragraph (1) of

subsection (d) of Section 8-106 of this title;

(2) the securities intermediary’s agreement to comply with the

purchaser’s entitlement orders with respect to security entitlements

carried or to be carried in the securities account in which the

security entitlement is carried, if the purchaser obtained control

under paragraph (2) of subsection (d) of Section 8-106 of this

title; or

(3) if the purchaser obtained control through another person

under paragraph (3) of subsection (d) of Section 8-106 of this

title, the time on which priority would be based under this

subsection if the other person were the secured party.

(d) A securities intermediary as purchaser has priority over a

conflicting purchaser who has control unless otherwise agreed by the

securities intermediary.
Okla. Stat. tit. 12A, § 12A-1-9-208 — OK Code / Title 12A / Section 12A-1-9-208
Additional duties of secured party having control of
Status: in_force

collateral.

ADDITIONAL DUTIES OF SECURED PARTY

HAVING CONTROL OF COLLATERAL

(a) This section applies to cases in which there is no

outstanding secured obligation and the secured party is not

committed to make advances, incur obligations, or otherwise give

value.

(b) Within ten (10) days after receiving a signed demand by the

debtor:

(1) a secured party having control of a deposit account under

paragraph (2) of subsection (a) of Section 1-9-104 of this title

shall send to the bank with which the deposit account is maintained

a signed record that releases the bank from any further obligation

to comply with instructions originated by the secured party;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 48

(2) a secured party having control of a deposit account under

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

shall:

(A) pay the debtor the balance on deposit in the deposit

account; or

(B) transfer the balance on deposit into a deposit account

in the debtor's name;

(3) a secured party, other than a buyer, having control under

Section 1-9-105 of this title of an authoritative electronic copy of

a record evidencing chattel paper shall transfer control of the

electronic copy to the debtor or a person designated by the debtor;

(4) a secured party having control of investment property under

paragraph (2) of subsection (d) of Section 8-106 of this title or

subsection (b) of Section 1-9-106 of this title shall send to the

securities intermediary or commodity intermediary with which the

security entitlement or commodity contract is maintained a signed

record that releases the securities intermediary or commodity

intermediary from any further obligation to comply with entitlement

orders or directions originated by the secured party;

(5) a secured party having control of a letter-of-credit right

under Section 1-9-107 of this title shall send to each person having

an unfulfilled obligation to pay or deliver proceeds of the letter

of credit to the secured party a signed release from any further

obligation to pay or deliver proceeds of the letter of credit to the

secured party;

(6) a secured party having control under Section 7-106 of this

title of an authoritative electronic copy of an electronic document

shall transfer control of the electronic copy to the debtor or a

person designated by the debtor; and

(7) a secured party having control under Section 12-105 of this

title of a controllable electronic record, other than a buyer of a

controllable account or controllable payment intangible evidenced by

the controllable electronic record, shall transfer control of the

controllable electronic record to the debtor or a person designated

by the debtor.
Okla. Stat. tit. 12, § 12-1388 — OK Code / Title 12 / Section 12-1388
Injunction binding - When
Status: in_force

An injunction binds the party from the time he has notice

thereof, and the undertaking required by the applicant therefor is

executed.

R.L. 1910, § 4873.
Okla. Stat. tit. 12A, § 12A-4A-102 — OK Code / Title 12A / Section 12A-4A-102
Subject matter
Status: in_force

SUBJECT MATTER

Except as otherwise provided in Section 8 of this act, this

Article applies to funds transfers defined in Section 4 of this act.
Okla. Stat. tit. 12A, § 12A-12-102 — OK Code / Title 12A / Section 12A-12-102
Definitions
Status: in_force

DEFINITIONS

(a) In this article, unless the context otherwise requires:

(1) "Controllable electronic record" means a record stored in

an electronic medium that can be subjected to control under Section

12-105 of this title. The term does not include a controllable

account, a controllable payment intangible, a deposit account, an

electronic copy of a record evidencing chattel paper, an electronic

document of title, investment property, a transferable record, or an

electronic record that is a medium of exchange currently authorized

or adopted by a domestic or foreign government and is not a medium

of exchange that was recorded and transferable in a system that

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 464

existed and operated for the medium of exchange before the medium of

exchange was authorized or adopted by the government.

(2) "Qualifying purchaser" means a purchaser of a controllable

electronic record or an interest in a controllable electronic record

that obtains control of the controllable electronic record for

value, in good faith, and without notice of a claim of a property

right in the controllable electronic record.

(3) "Transferable record" has the meaning provided for that

term in:

(A) Section 201(a)(1) of the Electronic Signatures in

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

7021(a)(1); or

(B) Subsection (a) of Section 15-116 of Title 12A of the

Oklahoma Statutes.

(4) "Value" has the same meaning as provided in subsection (a)

of Section 3-303 of this title, as if references in that subsection

to an "instrument" were references to a controllable account,

controllable electronic record, or controllable payment intangible.

(b) The definitions in Article 9 of this title of "account

debtor", "controllable account", "controllable payment intangible",

"chattel paper", "deposit account", and "investment property" apply

to this article.

(c) Article 1 of this title contains general definitions and

principles of construction and interpretation applicable throughout

this article.
Okla. Stat. tit. 12, § 12-992 — OK Code / Title 12 / Section 12-992
Errors in perfecting appeals - Raising - Waiver
Status: in_force

Where possible, errors in perfecting an appeal must be raised

promptly in the trial court, and errors in perfecting an appeal that

could have been raised in the trial court may not be raised for the

first time in the appellate court. The parties may waive any defect

or error in perfecting an appeal except the timely filing of a

petition in error as prescribed in Section 15 of this act, and of a

petition to review a certified interlocutory order under paragraph 3

of subsection (b) of Section 952 of this title.
Okla. Stat. tit. 12A, § 12A-7-307 — OK Code / Title 12A / Section 12A-7-307
Lien of carrier
Status: in_force

Lien of Carrier.

(a) A carrier has a lien on the goods covered by a bill of

lading or on the proceeds thereof in its possession for charges

subsequent to the date of the carrier’s receipt of the goods for

storage or transportation, including demurrage and terminal charges,

and for expenses necessary for preservation of the goods incident to

their transportation or reasonably incurred in their sale pursuant

to law. However, against a purchaser for value of a negotiable bill

of lading, a carrier's lien is limited to charges stated in the bill

or the applicable tariffs or, if no charges are stated, a reasonable

charge.

(b) A lien for charges and expenses under subsection (a) of

this section on goods that the carrier was required by law to

receive for transportation is effective against the consignor or any

person entitled to the goods unless the carrier had notice that the

consignor lacked authority to subject the goods to those charges and

expenses. Any other lien under subsection (a) of this section is

effective against the consignor and any person that permitted the

bailor to have control or possession of the goods unless the carrier

had notice that the bailor lacked authority.

(c) A carrier loses its lien on any goods that it voluntarily

delivers or unjustifiably refuses to deliver.
Okla. Stat. tit. 12A, § 12A-1-204 — OK Code / Title 12A / Section 12A-1-204
"Value"
Status: in_force

"Value".

Except as otherwise provided in Articles 3, 4, 5, 6, and 12 of

the Uniform Commercial Code, a person gives value for rights if the

person acquires them:

(1) in return for a binding commitment to extend credit or for

the extension of immediately available credit, whether or not drawn

upon and whether or not a charge-back is provided for in the event

of difficulties in collection;

(2) as security for, or in total or partial satisfaction of, a

preexisting claim;

(3) by accepting delivery under a preexisting contract for

purchase; or

(4) in return for any consideration sufficient to support a

simple contract.
Okla. Stat. tit. 12A, § 12A-3-504 — OK Code / Title 12A / Section 12A-3-504
Excused Presentment and Notice of Dishonor
Status: in_force

EXCUSED PRESENTMENT AND NOTICE OF DISHONOR

(a) Presentment for payment or acceptance of an instrument is

excused if (i) the person entitled to present the instrument cannot

with reasonable diligence make presentment, (ii) the maker or

acceptor has repudiated an obligation to pay the instrument or is

dead or in insolvency proceedings, (iii) by the terms of the

instrument presentment is not necessary to enforce the obligation of

indorsers or the drawer, (iv) the drawer or indorser whose

obligation is being enforced has waived presentment or otherwise has

no reason to expect or right to require that the instrument be paid

or accepted, or (v) the drawer instructed the drawee not to pay or

accept the draft or the drawee was not obligated to the drawer to

pay the draft.

(b) Notice of dishonor is excused if (i) by the terms of the

instrument notice of dishonor is not necessary to enforce the

obligation of a party to pay the instrument, or (ii) the party whose

obligation is being enforced waived notice of dishonor. A waiver of

presentment is also a waiver of notice of dishonor.

(c) Delay in giving notice of dishonor is excused if the delay

was caused by circumstances beyond the control of the person giving

the notice and the person giving the notice exercised reasonable

diligence after the cause of the delay ceased to operate.
Okla. Stat. tit. 12A, § 12A-1-9-805 — OK Code / Title 12A / Section 12A-1-9-805
Effectiveness of action taken before effective date
Status: in_force

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 168

EFFECTIVENESS OF ACTION TAKEN

BEFORE EFFECTIVE DATE

(a) The filing of a financing statement before this act takes

effect is effective to perfect a security interest to the extent the

filing would satisfy the applicable requirements for perfection

under Article 9 of the Uniform Commercial Code as amended by this

act.

(b) This act does not render ineffective an effective financing

statement that, before this act takes effect, is filed and satisfies

the applicable requirements for perfection under the law of the

jurisdiction governing perfection as provided in Article 9 of the

Uniform Commercial Code as it existed before amendment. However,

except as otherwise provided in subsections (c) and (d) of this

section and Section 22 of this act, the financing statement ceases

to be effective:

(1) if the financing statement is filed in this state, at the

time the financing statement would have ceased to be effective had

this act not taken effect; or

(2) if the financing statement is filed in another

jurisdiction, at the earlier of:

(A) the time the financing statement would have ceased to

be effective under the law of that jurisdiction; or

(B) June 30, 2018.

(c) The filing of a continuation statement after this act takes

effect does not continue the effectiveness of the financing

statement filed before this act takes effect. However, upon the

timely filing of a continuation statement after this act takes

effect on November 1, 2015, and in accordance with the law of the

jurisdiction governing perfection as provided in Article 9 of the

Uniform Commercial Code as amended by this act, the effectiveness of

a financing statement filed in the same office in that jurisdiction

before this act takes effect continues for the period provided by

the law of that jurisdiction.

(d) Subparagraph (B) of paragraph (2) of subsection (b) of this

section applies to a financing statement that, before this act takes

effect, is filed against a transmitting utility and satisfies the

applicable requirements for perfection under the law of the

jurisdiction governing perfection as provided in Article 9 of the

Uniform Commercial Code as it existed before amendment only to the

extent Article 9 of the Uniform Commercial Code as amended by this

act provides that the law of a jurisdiction other than the

jurisdiction in which the financing statement is filed governs

perfection of a security interest in collateral covered by the

financing statement.

(e) A financing statement that includes a financing statement

filed before this act takes effect and a continuation statement

filed after this act takes effect is effective only to the extent

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 169

that it satisfies the requirements of Part 5 of Article 9 of the

Uniform Commercial Code as amended by this act for an initial

financing statement. A financing statement that indicates that the

debtor is a decedent's estate indicates that the collateral is being

administered by a personal representative within the meaning of

paragraph (2) of subsection (a) of Section 1-9-503 of Title 12A of

the Oklahoma Statutes as amended by this act. A financing statement

that indicates that the debtor is a trust or is a trustee acting

with respect to property held in trust indicates that the collateral

is held in a trust within the meaning of paragraph (3) of subsection

(a) of Section 1-9-503 of Title 12A of the Oklahoma Statutes as

amended by this act.
Okla. Stat. tit. 12, § 12-1584 — OK Code / Title 12 / Section 12-1584
Improper issue of order of delivery
Status: in_force

Any order for the delivery of property, issued under this

article, without the affidavit and undertaking required, shall be

set aside at the cost of the clerk issuing the same, and the

plaintiff shall be liable, in damages, to the party injured.
Okla. Stat. tit. 12, § 12-3305 — OK Code / Title 12 / Section 12-3305
Beginning and concluding collaborative law process
Status: in_force

BEGINNING AND CONCLUDING COLLABORATIVE LAW PROCESS.

A. A collaborative law process begins when the parties sign a

collaborative law participation agreement.

B. A tribunal may not order a party to participate in a

collaborative law process over that party’s objection.

C. A collaborative law process is concluded by a:

1. Resolution of a collaborative matter as evidenced by a

signed record;

2. Resolution of a part of the collaborative matter, evidenced

by a signed record, in which the parties agree that the remaining

parts of the matter will not be resolved in the process; or

3. Termination of the process.

D. A collaborative law process terminates:

1. When a party gives notice to other parties in a record that

the process is ended;

2. When a party:

Oklahoma Statutes - Title 12. Civil Procedure Page 547

a. begins a proceeding related to a collaborative matter

without the agreement of all parties, or

b. in a pending proceeding related to the matter:

(1) initiates a pleading, motion, order to show

cause, or request for a conference with the

tribunal,

(2) requests that the proceeding be put on the

tribunal’s active calendar, or

(3) takes similar action requiring notice to be sent

to the parties; or

3. Except as otherwise provided by subsection G of this

section, when a party discharges a collaborative lawyer or a

collaborative lawyer withdraws from further representation of a

party.

E. A party’s collaborative lawyer shall give prompt notice to

all other parties in a record of a discharge or withdrawal.

F. A party may terminate a collaborative law process with or

without cause.

G. Notwithstanding the discharge or withdrawal of a

collaborative lawyer, a collaborative law process continues, if not

later than thirty (30) days after the date that the notice of the

discharge or withdrawal of a collaborative lawyer required by

subsection E of this section is sent to the parties:

1. The unrepresented party engages a successor collaborative

lawyer; and

2. In a signed record:

a. the parties consent to continue the process by

reaffirming the collaborative law participation

agreement,

b. the agreement is amended to identify the successor

collaborative lawyer, and

c. the successor collaborative lawyer confirms the

lawyer’s representation of a party in the

collaborative process.

H. A collaborative law process does not conclude if, with the

consent of the parties, a party requests a tribunal to approve a

resolution of the collaborative matter or any part thereof as

evidenced by a signed record.

I. A collaborative law participation agreement may provide

additional methods of concluding a collaborative law process.
Okla. Stat. tit. 12, § 12-1353 — OK Code / Title 12 / Section 12-1353
Issue, service and amendment of process
Status: in_force

All writs and other process, authorized by the provisions of

this article, shall be issued by the clerk of the court, and except

summons, sealed with the seal of such court, and shall be served and

returned forthwith, unless the court or judge shall specify a

particular time for any such return. And no writ or other process

shall be disregarded for any defect therein, if enough is shown to

notify the officer or person of the purport of the process.

Amendments may be allowed, and temporary commitments, when

necessary.

R.L. 1910, § 4904.
Okla. Stat. tit. 12A, § 12A-2A-217 — OK Code / Title 12A / Section 12A-2A-217
Identification
Status: in_force

IDENTIFICATION

Identification of goods as goods to which a lease contract

refers may be made at any time and in any manner explicitly agreed

to by the parties. In the absence of explicit agreement,

identification occurs:

(a) when the lease contract is made if the lease

contract is for a lease of goods that are existing and identified;

(b) when the goods are shipped, marked, or otherwise

designated by the lessor as goods to which the lease contract

refers, if the lease contract is for a lease of goods that are not

existing and identified; or

(c) when the young are conceived, if the lease

contract is for a lease of unborn young of animals.
Okla. Stat. tit. 12, § 12-1459 — OK Code / Title 12 / Section 12-1459
No further pleading allowed - Similarity to civil action
Status: in_force

No other pleading or written allegation is allowed than the writ

and answer; these are the pleadings in the case, and have the same

effect, and are to be construed and may be amended in the same

manner, as pleadings in a civil action; and the issues thereby

joined must be tried, and the further proceedings thereon had, in

the same manner as in a civil action.

R.L. 1910, § 4915.
Okla. Stat. tit. 12A, § 12A-7-209 — OK Code / Title 12A / Section 12A-7-209
Lien of Warehouse
Status: in_force

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 404

Lien of Warehouse.

(a) A warehouse has a lien against the bailor on the goods

covered by a warehouse receipt or storage agreement or on the

proceeds thereof in its possession for charges for storage or

transportation, including demurrage and terminal charges, insurance,

labor, or other charges, present or future, in relation to the

goods, and for expenses necessary for preservation of the goods or

reasonably incurred in their sale pursuant to law. If the person on

whose account the goods are held is liable for similar charges or

expenses in relation to other goods whenever deposited and it is

stated in the warehouse receipt or storage agreement that a lien is

claimed for charges and expenses in relation to other goods, the

warehouse also has a lien against the goods covered by the warehouse

receipt or storage agreement or on the proceeds thereof in its

possession for those charges and expenses, whether or not the goods

have been delivered by the warehouse. However, as against a person

to which a negotiable warehouse receipt is duly negotiated, a

warehouse’s lien is limited to charges in an amount or at a rate

specified in the warehouse receipt or, if no charges are so

specified, to a reasonable charge for storage of the specific goods

covered by the receipt subsequent to the date of the receipt.

(b) A warehouse may also reserve a security interest against

the bailor for the maximum amount specified on the receipt for

charges other than those specified in subsection (a) of this

section, such as for money advanced and interest. The security

interest is governed by Article 9 of the Uniform Commercial Code.

(c) A warehouse’s lien for charges and expenses under

subsection (a) of this section or a security interest under

subsection (b) of this section is also effective against any person

that so entrusted the bailor with possession of the goods that a

pledge of them by the bailor to a good faith purchaser for value

would have been valid. However, the lien or security interest is

not effective against a person that before issuance of a document of

title had a legal interest or a perfected security interest in the

goods and that did not:

(1) deliver or entrust the goods or any document of title

covering the goods to the bailor or the bailor’s nominee with:

(A) actual or apparent authority to ship, store, or sell;

(B) power to obtain delivery under Section 7-403 of this

title; or

(C) power of disposition under Sections 2-403, 2A-304(2),

2A-305(2), 1-9-320, or 1-9-321(c) of the Uniform

Commercial Code or other statute or rule of law; or

(2) acquiesce in the procurement by the bailor or its nominee

of any document.

(d) A warehouse’s lien on household goods for charges and

expenses in relation to the goods under subsection (a) of this

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 405

section is also effective against all persons if the depositor was

the legal possessor of the goods at the time of deposit. In this

subsection, “household goods" means furniture, furnishings, or

personal effects used by the depositor in a dwelling.

(e) A warehouse loses its lien on any goods that it voluntarily

delivers or unjustifiably refuses to deliver.
Okla. Stat. tit. 12, § 12-978 — OK Code / Title 12 / Section 12-978
Costs on appeal
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 182

When a judgment or final order is reversed, the plaintiff in

error shall recover his costs, including the costs of the transcript

of the proceedings, or case-made, filed with the petition in error;

and when reversed in part and affirmed in part, costs shall be

equally divided between the parties.

R.L. 1910, § 5261.
Okla. Stat. tit. 12A, § 12A-2A-310 — OK Code / Title 12A / Section 12A-2A-310
Lessor's and lessee's rights when goods become
Status: in_force

accessions.

LESSOR'S AND LESSEE'S RIGHTS WHEN GOODS BECOME ACCESSIONS

(1) Goods are "accessions" when they are installed in or

affixed to other goods.

(2) The interest of a lessor or a lessee under a lease contract

entered into before the goods became accessions is superior to all

interests in the whole except as stated in subsection (4) of this

section.

(3) The interest of a lessor or a lessee under a lease contract

entered into at the time or after the goods became accessions is

superior to all subsequently acquired interests in the whole except

as stated in subsection (4) of this section but is subordinate to

interests in the whole existing at the time the lease contract was

made unless the holders of such interests in the whole have in

writing consented to the lease or disclaimed an interest in the

goods as part of the whole.

(4) The interest of a lessor or a lessee under a lease contract

described in subsection (2) or (3) of this section is subordinate to

the interest of:

(a) a buyer in the ordinary course of business or a

lessee in the ordinary course of business of any interest in the

whole acquired after the goods became accessions; or

(b) a creditor with a security interest in the whole

perfected before the lease contract was made to the extent that the

creditor makes subsequent advances without knowledge of the lease

contract.

(5) When under subsections (2) or (3), and (4) of this section

a lessor or a lessee of accessions holds an interest that is

superior to all interests in the whole, the lessor or the lessee:

(a) on default, expiration, termination, or

cancellation of the lease contract by the other party but subject to

the provisions of the lease contract and this article, or

(b) if necessary to enforce his other rights and

remedies under this article,

may remove the goods from the whole, free and clear of all interests

in the whole, but he must reimburse any holder of an interest in the

whole who is not the lessee and who has not otherwise agreed for the

cost of repair of any physical injury but not for any diminution in

value of the whole caused by the absence of the goods removed or by

any necessity for replacing them. A person entitled to

reimbursement may refuse permission to remove until the party

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 257

seeking removal gives adequate security for the performance of this

obligation.
Okla. Stat. tit. 12A, § 12A-2-615 — OK Code / Title 12A / Section 12A-2-615
Excuse by Failure of Presupposed Conditions
Status: in_force

Except so far as a seller may have assumed a greater obligation

and subject to the preceding section on substituted performance:

(a) Delay in delivery on nondelivery in whole or in part

by a seller who complies with paragraphs (b) and (c) is not a breach

of his duty under a contract for sale if performance as agreed has

been made impracticable by the occurrence of a contingency the

nonoccurrence of which was a basic assumption on which the contract

was made or by compliance in good faith with any applicable foreign

or domestic governmental regulation or order whether or not it later

proves to be invalid.

(b) Where the clauses mentioned in paragraph (a) affect

only a part of the seller's capacity to perform, he must allocate

production and deliveries among his customers but may at his option

include regular customers not then under contract as well as his own

requirements for further manufacture. He may so allocate in any

manner which is fair and reasonable.

(c) The seller must notify the buyer seasonably that there

will be delay or nondelivery and, when allocation is required under

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 221

paragraph (b), of the estimated quota thus made available for the

buyer.
Okla. Stat. tit. 12, § 12-1190 — OK Code / Title 12 / Section 12-1190
Costs - Attorney fee
Status: in_force

A. 1. A garnishee may deduct a fee of Ten Dollars ($10.00)

from the funds of the judgment debtor in the garnishee's possession

as reimbursement for costs incurred in answering a garnishment

issued pursuant to subparagraph a, b, c, d or e of paragraph 2 of

subsection B of Section 1171 of this title, except as to

garnishments set out in paragraph 2 of this subsection. If the

garnishee is not indebted to the judgment debtor and the garnishee's

answer evidencing that is filed and mailed or delivered to the

judgment creditor or to the judgment creditor's attorney of record,

the garnishee may assess the judgment creditor a fee of Ten Dollars

Oklahoma Statutes - Title 12. Civil Procedure Page 260

($10.00) as reimbursement for such costs. Any fee paid to a

garnishee pursuant to this paragraph shall be taxed and collected as

costs.

2. A judgment creditor shall remit a fee of Thirty-five Dollars

($35.00) as reimbursement for costs incurred in answering a

garnishment issued pursuant to subparagraph d of paragraph 2 of

subsection B of Section 1171 of this title to garnishees which are

federally insured depository institutions. Such fee shall be

delivered to the garnishee with the garnishment summons, and the

garnishee shall not be required to attach funds of the judgment

debtor until such fee is received. Any fee paid to a garnishee

pursuant to this paragraph shall be taxed and collected as costs.

B. 1. In case of the trial of any issue between the judgment

creditor and any garnishee, costs shall be awarded to the judgment

creditor and against the garnishee, in addition to the garnishee's

liability, if the judgment creditor recovered more than the

garnishee admitted by the garnishee's answer; and if the judgment

creditor does not, the garnishee shall recover costs from the

judgment creditor. The costs shall include a reasonable attorney

fee to be taxed in favor of the prevailing party.

2. In the case of the trial to determine the amount to be

recovered for due and owing child support, where any liability on

the part of the garnishee is disclosed, costs shall be awarded to

the judgment creditor and against the judgment debtor, including a

reasonable attorney fee.

C. In all other cases under this article not expressly provided

for, the court may, in its discretion, award costs in favor of or

against any party.

D. In addition to sums otherwise due pursuant to a judgment, a

judgment creditor, if represented by an attorney, shall be entitled

to an attorney fee of Fifty Dollars ($50.00) for prosecuting a

garnishment pursuant to subparagraphs b, c and d of paragraph 2 of

subsection B of Section 1171 of this title, and an attorney fee of

One Hundred Dollars ($100.00) for prosecuting a garnishment pursuant

to subparagraph e of paragraph 2 of subsection B of Section 1171 of

this title, not to exceed a total of Two Hundred Dollars ($200.00)

in any calendar year.

R.L. 1910, § 4840. Amended by Laws 1965, c. 297, § 15; Laws 1978,

c. 190, § 5, eff. Oct. 1, 1978; Laws 1986, c. 185, § 10, eff. Sept.

1, 1986; Laws 1992, c. 156, § 2, eff. Sept. 1, 1992; Laws 1995, c.

338, § 16, eff. Nov. 1, 1995; Laws 1999, c. 293, § 17, eff. Nov. 1,

1999; Laws 2002, c. 26, § 1, emerg. eff. April 5, 2002; Laws 2011,

c. 187, § 8, eff. Nov. 1, 2011; Laws 2016, c. 248, § 2, eff. Nov. 1,

2016; Laws 2022, c. 219, § 1, eff. Nov. 1, 2022.
Okla. Stat. tit. 12A, § 12A-5-108 — OK Code / Title 12A / Section 12A-5-108
Issuer's Rights and Obligations
Status: in_force

Issuer's Rights and Obligations.

(a) Except as otherwise provided in Section 5-109 of this

title, an issuer shall honor a presentation that, as determined by

the standard practice referred to in subsection (e) of this section,

appears on its face strictly to comply with the terms and conditions

of the letter of credit. Except as otherwise provided in Section 5-

113 of this title and unless otherwise agreed with the applicant, an

issuer shall dishonor a presentation that does not appear so to

comply.

(b) An issuer has a reasonable time after presentation, but not

beyond the end of the seventh business day of the issuer after the

day of its receipt of documents:

(1) To honor;

(2) If the letter of credit provides for honor to be

completed more than seven (7) business days after

presentation, to accept a draft or incur a deferred

obligation; or

(3) To give notice to the presenter of discrepancies in

the presentation.

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

section, an issuer is precluded from asserting as a basis for

dishonor any discrepancy if timely notice is not given, or any

discrepancy not stated in the notice if timely notice is given.

(d) Failure to give the notice specified in subsection (b) of

this section or to mention fraud, forgery, or expiration in the

notice does not preclude the issuer from asserting as a basis for

dishonor fraud or forgery as described in subsection (a) of Section

5-109 of this title or expiration of the letter of credit before

presentation.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 386

(e) An issuer shall observe standard practice of financial

institutions that regularly issue letters of credit. Determination

of the issuer's observance of the standard practice is a matter of

interpretation for the court. The court shall offer the parties a

reasonable opportunity to present evidence of the standard practice.

(f) An issuer is not responsible for:

(1) The performance or nonperformance of the underlying

contract, arrangement, or transaction;

(2) An act or omission of others; or

(3) Observance or knowledge of the usage of a particular

trade other than the standard practice referred to in

subsection (e) of this section.

(g) If an undertaking constituting a letter of credit under

paragraph (10) of subsection (a) of Section 5-102 of this title

contains nondocumentary conditions, an issuer shall disregard the

nondocumentary conditions and treat them as if they were not stated.

(h) An issuer that has dishonored a presentation shall return

the documents or hold them at the disposal of, and send advice to

that effect to, the presenter.

(i) An issuer that has honored a presentation as permitted or

required by this article:

(1) Is entitled to be reimbursed by the applicant in

immediately available funds not later than the date of

its payment of funds;

(2) Takes the documents free of claims of the beneficiary

or presenter;

(3) Is precluded from asserting a right of recourse on a

draft under Sections 3-414 and 3-415 of this title;

(4) Except as otherwise provided in Sections 5-110 and 5-

117 of this title, is precluded from restitution of

money paid or other value given by mistake to the

extent the mistake concerns discrepancies in the

documents or tender which are apparent on the face of

the presentation; and

(5) Is discharged to the extent of its performance under

the letter of credit unless the issuer honored a

presentation in which a required signature of a

beneficiary was forged.
Okla. Stat. tit. 12, § 12-1171 — OK Code / Title 12 / Section 12-1171
Right to garnishment - Classes of garnishment
Status: in_force

A. Any creditor shall be entitled to proceed by garnishment in

any court having jurisdiction against any person whom the creditor,

in good faith, believes to be indebted to the creditor's debtor or

has possession or control of any property belonging to such

creditor's debtor, in the cases, upon the conditions, and in the

manner described by law.

B. Subject to the limitations and exceptions otherwise provided

by law, there shall be two classes of garnishments:

1. Prejudgment garnishments, which shall consist only of

general garnishments pursuant to Section 1173.3 of this title; and

2. Postjudgment garnishments, which shall consist of the

following types of garnishments:

a. income assignment for child support pursuant to the

provisions of Section 1171.2 of this title,

Oklahoma Statutes - Title 12. Civil Procedure Page 235

b. noncontinuing earnings garnishment pursuant to Section

1173 of this title,

c. garnishment for collection of child support pursuant

to Section 1173.2 of this title,

d. general garnishment pursuant to Section 1173.3 of this

title, and

e. continuing earnings garnishment pursuant to Section

1173.4 of this title.

R.L. 1910, § 4822. Amended by Laws 1965, c. 297, § 1; Laws 1989, c.

236, § 1, eff. July 1, 1989; Laws 1995, c. 338, § 2, eff. Nov. 1,

1995; Laws 2016, c. 248, § 1, eff. Nov. 1, 2016.
Okla. Stat. tit. 12, § 12-667 — OK Code / Title 12 / Section 12-667
Continuances - Power to grant - Costs - Continuances and
Status: in_force

appeals when member of Legislature is party or attorney.

The court may, for good cause shown, continue an action at any

stage of the proceedings upon terms as may be just; provided, that

if a party or his attorney of record is serving as a member of the

Legislature or the Senate, sitting as a court of impeachment, or

within thirty (30) days after an adjournment of a session of the

Legislature, such fact shall constitute cause for continuance of the

case, and it is mandatory that the court shall grant such

continuance upon motion whether such attorney may have been employed

before or during the session of the Legislature, and the court shall

have no power to exercise its discretion as to the granting of such

continuance, and all motions, demurrers and preliminary matters to

be heard by the court, the refusal to grant which shall constitute

error, and entitle such party to a new trial as a matter of right.

When a continuance is granted on account of the absence of evidence,

it shall be at the cost of the party making the application unless

the court otherwise order. And when any litigant has given notice

of appeal from any judgment of any court of record in this state to

the Supreme Court or Criminal Court of Appeals and the time for

doing any act to perfect such appeal has, or does hereafter lapse

during the session of the Legislature, whether regular or special,

and the said litigant is a member of the Senate or House of

Representatives, of the State of Oklahoma, in such session, or his

attorney of record is such member, such litigant or attorney shall

have such time after the adjournment of the session of the

Legislature to perform such act and complete his appeal as he had at

the commencement of the session of the Legislature, of which he or

his attorney of record was a member, and all acts done in the

perfection of such appeals shall be as valid as if done within the

time provided.

R.L. 1910, § 5044. Amended by Laws 1915, c. 236, p. 556, § 1; Laws

1919, c. 263, p. 374, § 1; Laws 1935, p. 2, § 1; Laws 1937, p. 1, §

1; Laws 1955, p. 134, § 1.
Okla. Stat. tit. 12, § 12-686 — OK Code / Title 12 / Section 12-686
Judgment in foreclosure suit - Sale of real estate - Lands
Status: reserved

in different counties - Application of proceeds - Attorney's fees

and expenses, taxation of - Putting purchaser in possession - Post

judgment deficiency order.

In actions to enforce a mortgage, deed of trust, or other lien

or charge, a personal judgment or judgment or judgments shall be

rendered for the amount or amounts due as well to the plaintiff as

other parties to the action having liens upon the mortgaged premises

by mortgage or otherwise, with interest thereon, and for sale of the

property charged and the application of the proceeds; or such

application may be reserved for the future order of the court, and

the court shall tax the costs, attorney's fees and expenses which

may accrue in the action, and apportion the same among the parties

according to their respective interests, to be collected on the

order of sale or sales issued thereon; when the same mortgage

embraces separate tracts of land situated in two or more counties,

the sheriff of each county shall make sale of the lands situated in

the county of which he or she is sheriff. No real estate shall be

sold for the payment of any money or the performance of any contract

or agreement in writing, in security for which it may have been

pledged or assigned, except in pursuance of a judgment of a court of

competent jurisdiction ordering such sale. The court may, in the

order confirming a sale of land under order of sale on foreclosure

or upon execution, award or order the issuance of a writ of

assistance by the clerk of the court to the sheriff of the county

where the land is situated, to place the purchaser in full

possession of such land, and any resistance of the service of such

writ of assistance shall constitute an indirect contempt of the

process of such court, and if any person who has been removed from

any lands by process of law or writ of assistance or who has removed

from any lands pursuant to law or adjudication or direction of any

court, tribunal or officer, afterwards, without authority of law,

returns to settle or reside upon such land, the person shall be

guilty of an indirect contempt of court, and may be proceeded

against and punished for such contempt. Notwithstanding the above

provisions, no judgment shall be enforced for any residue of the

Oklahoma Statutes - Title 12. Civil Procedure Page 111

debt remaining unsatisfied as prescribed by this act after the

mortgaged property shall have been sold, except as herein provided.

Simultaneously with the making of a motion for an order confirming

the sale or in any event within ninety (90) days after the date of

the sale, the party to whom such residue shall be owing may make a

motion in the action for leave to enter a post-judgment deficiency

order upon notice to the party against whom such judgment is sought

or the attorney who shall have appeared for such party in such

action. Such notice shall be served personally or in such other

manner as the court may direct. Upon such motion the court, whether

or not the respondent appears, shall determine, upon affidavit or

otherwise as it shall direct, the fair and reasonable market value

of the mortgaged premises as of the date of sale or such nearest

earlier date as there shall have been any market value thereof and

shall enter a post-judgment deficiency order. Such post-judgment

deficiency order shall be for an amount equal to the sum of the

amount owing by the party liable as determined by the order with

interest, plus costs and disbursements of the action plus the amount

owing on all prior liens and encumbrances with interest, less the

market value as determined by the court or the sale price of the

property whichever shall be the higher. If no motion for a post-

judgment deficiency order shall be made as herein prescribed the

proceeds of the sale regardless of amount shall be deemed to be in

full satisfaction of the mortgage debt and no right to recover anyof proceeds - Attorney's fees and expenses, taxation of - Putting purchaser in possession - Postowing on all prior liens and encumbrances with interest, less the

market value as determined by the court or the sale price of the

property whichever shall be the higher. If no motion for a post-

judgment deficiency order shall be made as herein prescribed the

proceeds of the sale regardless of amount shall be deemed to be in

full satisfaction of the mortgage debt and no right to recover any

deficiency in any action or proceeding shall exist.

In any action pending at the time this act becomes effective or

thereafter commenced, other than an action to foreclose a mortgage,

to recover a judgment for any indebtedness secured by a mortgage on

real property and which originated simultaneously with such mortgage

and which is secured solely by such mortgage, against any person or

corporation directly or indirectly or contingently liable therefor,

any party against whom a money judgment is demanded, shall be

entitled to set off the fair and reasonable market value of the

mortgaged property less the amounts owing on prior liens and

encumbrances. Provided that nothing in this section shall limit or

reduce any post-judgment deficiency order in favor of or in behalf

of the state for any debts, obligations or taxes due the state, now

or hereafter.
Okla. Stat. tit. 12A, § 12A-3-418 — OK Code / Title 12A / Section 12A-3-418
Payment or Acceptance by Mistake
Status: in_force

PAYMENT OR ACCEPTANCE BY MISTAKE

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

the drawee of a draft pays or accepts the draft and the drawee acted

on the mistaken belief that (i) payment of the draft had not been

stopped pursuant to Section 4-403 of this title or (ii) the

signature of the drawer of the draft was authorized, the drawee may

recover the amount of the draft from the person to whom or for whose

benefit payment was made or, in the case of acceptance, may revoke

the acceptance. Rights of the drawee under this subsection are not

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 317

affected by failure of the drawee to exercise ordinary care in

paying or accepting the draft.

(b) Except as provided in subsection (c) of this section, if an

instrument has been paid or accepted by mistake and the case is not

covered by subsection (a) of this section, the person paying or

accepting may, to the extent permitted by the law governing mistake

and restitution, (i) recover the payment from the person to whom or

for whose benefit payment was made or (ii) in the case of

acceptance, may revoke the acceptance.

(c) The remedies provided by subsection (a) or (b) of this

section may not be asserted against a person who took the instrument

in good faith and for value or who in good faith changed position in

reliance on the payment or acceptance. This subsection does not

limit remedies provided by Section 3-417 or 4-407 of this title.

(d) Notwithstanding Section 4-215 of this title, if an

instrument is paid or accepted by mistake and the payor or acceptor

recovers payment or revokes acceptance under subsection (a) or (b)

of this section, the instrument is deemed not to have been paid or

accepted and is treated as dishonored, and the person from whom

payment is recovered has rights as a person entitled to enforce the

dishonored instrument.
Okla. Stat. tit. 12, § 12-1384.2 — OK Code / Title 12 / Section 12-1384.2
Granting temporary restraining order - Recovery of
Status: in_force

damages.

If a temporary restraining order is granted, the party

restrained may recover the damages he sustained, including

reasonable attorney's fees, if it be finally decided that the

restraining order ought not to have been granted.
Okla. Stat. tit. 12A, § 12A-2-304 — OK Code / Title 12A / Section 12A-2-304
Price Payable in Money, Goods, Realty, or Otherwise
Status: in_force

(1) The price can be made payable in money or otherwise. If it

is payable in whole or in part in goods each party is a seller of

the goods which he is to transfer.

(2) Even though all or part of the price is payable in an

interest in realty the transfer of the goods and the seller's

obligations with reference to them are subject to this article, but

not the transfer of the interest in realty or the transferor's

obligations in connection therewith.
Okla. Stat. tit. 12, § 12-1187 — OK Code / Title 12 / Section 12-1187
Action by defendant against garnishee
Status: in_force

No action shall be commenced by the defendant or his assignee

against a garnishee upon any claim or demand liable to garnishment,

or to recover any property garnished, or execution be issued upon a

judgment in favor of defendant against such garnishee subsequent to

the service of the garnishee summons upon him, until the termination

of the garnishee action; and if an action shall have been commenced

or an execution issued, it shall be stayed by the court or a judge

thereof, upon the garnishee's application; except that upon cause

shown, the court or a judge may by order permit the commencement of

such an action, or the issue of an execution, or the further

prosecution of one stayed.

R.L. 1910, § 4837.
Okla. Stat. tit. 12A, § 12A-1-9-314 — OK Code / Title 12A / Section 12A-1-9-314
Perfection by control
Status: in_force

PERFECTION BY CONTROL

(a) A security interest in controllable accounts, controllable

electronic records, controllable payment intangibles, deposit

accounts, electronic documents, investment property, or letter-of-

credit rights may be perfected by control of the collateral under

Section 7-106, 1-9-104, 1-9-106, 1-9-107, or 1-9-107A of this title.

(b) A security interest in controllable accounts, controllable

electronic records, controllable payment intangibles, deposit

accounts, electronic documents, or letter-of-credit rights is

perfected by control under Section 1-9-104, 1-9-107, or 1-9-107A of

this title not earlier than the time the secured party obtains

control and remains perfected by control only while the secured

party retains control.

(c) A security interest in investment property is perfected by

control under Section 1-9-106 of this title not earlier than the

time the secured party obtains control and remains perfected by

control until:

(1) the secured party does not have control; and

(2) one of the following occurs:

(A) if the collateral is a certificated security, the

debtor has or acquires possession of the security

certificate;

(B) if the collateral is an uncertificated security, the

issuer has registered or registers the debtor as the

registered owner; or

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 65

(C) if the collateral is a security entitlement, the

debtor is or becomes the entitlement holder.
Okla. Stat. tit. 12, § 12-2611.7 — OK Code / Title 12 / Section 12-2611.7
Situations where alternative method testimony
Status: in_force

permitted.

A. In a criminal proceeding, the judge or presiding officer may

allow a child witness to testify by an alternative method only in

the following situations:

1. The child may testify otherwise than in an open forum in the

presence and full view of the finder of fact if the judge or

presiding officer finds by clear and convincing evidence that the

Oklahoma Statutes - Title 12. Civil Procedure Page 472

child would suffer serious emotional trauma that would substantially

impair the child’s ability to communicate with the finder of fact if

required to testify in the open forum; and

2. The child may testify other than face-to-face with the

defendant if the judge or presiding officer finds by clear and

convincing evidence that the child would suffer serious emotional

trauma that would substantially impair the child’s ability to

communicate with the finder of fact if required to be confronted

face-to-face by the defendant.

B. In a criminal proceeding, the child may have an advocate

appointed by the court to monitor the potential for emotional

trauma. The advocate shall be a registered professional social

worker, psychologist, or psychiatrist.

C. In a noncriminal proceeding, the judge or presiding officer

may allow a child witness to testify by an alternative method if the

judge or presiding officer finds by a preponderance of the evidence

that allowing the child to testify by an alternative method is

necessary to serve the best interests of the child or enable the

child to communicate with the finder of fact. In making the

finding, the judge or presiding officer shall consider:

1. The nature of the proceeding;

2. The age and maturity of the child;

3. The relationship of the child to the parties in the

proceeding;

4. The nature and degree of emotional trauma that the child may

suffer in testifying; and

5. Any other relevant factor.
Okla. Stat. tit. 12, § 12-1107 — OK Code / Title 12 / Section 12-1107
Surety may sue principal for performance
Status: in_force

A surety may maintain an action against his principal, to compel

him to discharge the debt or liability for which the surety is

bound, after the same has become due.

R.L. 1910, § 5307.
Okla. Stat. tit. 12, § 12-3317 — OK Code / Title 12 / Section 12-3317
Privilege against disclosure for collaborative law
Status: in_force

communication — Admissibility — Discovery.

PRIVILEGE AGAINST DISCLOSURE FOR COLLABORATIVE LAW

COMMUNICATION; ADMISSIBILITY; DISCOVERY.

A. Subject to Sections 18 and 19 of this act, a collaborative

law communication is privileged under subsection B of this section,

is not subject to discovery, and is not admissible in evidence.

B. In a proceeding, the following privileges apply:

1. A party may refuse to disclose, and may prevent any other

person from disclosing, a collaborative law communication; and

2. A nonparty participant may refuse to disclose, and may

prevent any other person from disclosing, a collaborative law

communication of the nonparty participant.

C. Evidence or information that is otherwise admissible or

subject to discovery does not become inadmissible or protected from

discovery solely because of its disclosure or use in a collaborative

law process.
Okla. Stat. tit. 12A, § 12A-4A-302 — OK Code / Title 12A / Section 12A-4A-302
Obligations of receiving bank in execution of payment
Status: in_force

order.

OBLIGATIONS OF RECEIVING BANK IN EXECUTION OF PAYMENT ORDER

(a) Except as provided in subsections (b) through (d) of this

section, if the receiving bank accepts a payment order pursuant to

subsection (a) of Section 17 of this act, the bank has the following

obligations in executing the order:

(1) The receiving bank is obliged to issue, on the execution

date, a payment order complying with the sender's order and to

follow the sender's instructions concerning (i) any intermediary

bank or funds-transfer system to be used in carrying out the funds

transfer, or (ii) the means by which payment orders are to be

transmitted in the funds transfer. If the originator's bank issues

a payment order to an intermediary bank, the originator's bank is

obliged to instruct the intermediary bank according to the

instruction of the originator. An intermediary bank in the funds

transfer is similarly bound by an instruction given to it by the

sender of the payment order it accepts.

(2) If the sender's instruction states that the funds transfer

is to be carried out telephonically or by wire transfer or otherwise

indicates that the funds transfer is to be carried out by the most

expeditious means, the receiving bank is obliged to transmit its

payment order by the most expeditious available means, and to

instruct any intermediary bank accordingly. If a sender's

instruction states a payment date, the receiving bank is obliged to

transmit its payment order at a time and by means reasonably

necessary to allow payment to the beneficiary on the payment date or

as soon thereafter as is feasible.

(b) Unless otherwise instructed, a receiving bank executing a

payment order may (i) use any funds-transfer system if use of that

system is reasonable in the circumstances, and (ii) issue a payment

order to the beneficiary's bank or to an intermediary bank through

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 369

which a payment order conforming to the sender's order can

expeditiously be issued to the beneficiary's bank if the receiving

bank exercises ordinary care in the selection of the intermediary

bank. A receiving bank is not required to follow an instruction of

the sender designating a funds-transfer system to be used in

carrying out the funds transfer if the receiving bank, in good

faith, determines that it is not feasible to follow the instruction

or that following the instruction would unduly delay completion of

the funds transfer.

(c) Unless paragraph (2) of subsection (a) of this section

applies or the receiving bank is otherwise instructed, the bank may

execute a payment order by transmitting its payment order by first

class mail or by any means reasonable in the circumstances. If the

receiving bank is instructed to execute the sender's order by

transmitting its payment order by a particular means, the receiving

bank may issue its payment order by the means stated or by any means

as expeditious as the means stated.

(d) Unless instructed by the sender, (i) the receiving bank may

not obtain payment of its charges for services and expenses in

connection with the execution of the sender's order by issuing a

payment order in an amount equal to the amount of the sender's order

less the amount of the charges, and (ii) may not instruct a

subsequent receiving bank to obtain payment of its charges in the

same manner.
Okla. Stat. tit. 12, § 12-1632 — OK Code / Title 12 / Section 12-1632
Petition
Status: in_force

The petition shall be verified and shall state: (a) The name and

address of the petitioner; (b) The facts as to domicile and

residence; (c) The date and place of birth; (d) The birth

certificate number, and place where the birth is registered, if

registered; (e) The name desired by petitioner; (f) A clear and

Oklahoma Statutes - Title 12. Civil Procedure Page 323

concise statement of the reasons for the desired change; (g) A

positive statement that the change is not sought for any illegal or

fraudulent purpose, or to delay or hinder creditors.
Okla. Stat. tit. 12A, § 12A-1-9-509 — OK Code / Title 12A / Section 12A-1-9-509
Persons entitled to file a record
Status: in_force

PERSONS ENTITLED TO FILE A RECORD

(a) A person may file an initial financing statement, amendment

that adds collateral covered by a financing statement, or amendment

that adds a debtor to a financing statement only if:

(1) the debtor authorizes the filing in a signed record; or

(2) the person holds an agricultural lien that has become

effective at the time of filing and the financing statement covers

only collateral in which the person holds an agricultural lien.

(b) By signing or becoming bound as a debtor by a security

agreement, a debtor or new debtor authorizes the filing of an

initial financing statement, and an amendment, covering:

(1) the collateral described in the security agreement; and

(2) property that becomes collateral under paragraph (2) of

subsection (a) of Section 1-9-315 of this title, whether or not the

security agreement expressly covers proceeds.

(c) By acquiring collateral in which a security interest or

agricultural lien continues under paragraph (1) of subsection (a) of

Section 1-9-315 of this title, a debtor authorizes the filing of an

initial financing statement, and an amendment, covering the

collateral and property that becomes collateral under paragraph (2)

of subsection (a) of Section 1-9-315 of this title.

(d) A person may file an amendment other than an amendment that

adds collateral covered by a financing statement or an amendment

that adds a debtor to a financing statement only if:

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

(2) the amendment is a termination statement for a financing

statement for which the secured party of record has failed to file

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

of Section 1-9-513 of this title, the debtor authorizes the filing,

and the termination statement indicates that the debtor authorized

it to be filed.

(e) If there is more than one secured party of record for a

financing statement, each secured party of record may authorize the

filing of an amendment under subsection (d) of this section.
Okla. Stat. tit. 12, § 12-1447.1 — OK Code / Title 12 / Section 12-1447.1
Defamation by radio and television - Limitation of
Status: in_force

liability.

The owner, licensee or operator of a television and/or radio

broadcasting station or network of stations, and the agents or

employees of any such owner, licensee or operator, shall not be

liable for any damages for any defamatory statement published or

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

one other than such owner, licensee or operator, or agent or

employee thereof, unless it shall be alleged and proved by the

complaining party, that such owner, licensee, operator or such agent

Oklahoma Statutes - Title 12. Civil Procedure Page 290

or employee, has failed to exercise due care to prevent the

publication or utterance of such statement in such broadcast.
Okla. Stat. tit. 12A, § 12A-7-202 — OK Code / Title 12A / Section 12A-7-202
Form of warehouse receipt - Effect of omission
Status: in_force

Form of Warehouse Receipt; Effect of Omission.

(a) A warehouse receipt need not be in any particular form.

(b) Unless a warehouse receipt provides for each of the

following, the warehouse is liable for damages caused to a person

injured by the omission:

(1) a statement of the location of the warehouse where the

goods are stored;

(2) the date of issue of the receipt;

(3) the unique identification code of the receipt;

(4) a statement whether the goods received will be delivered to

the bearer, to a named person, or to a named person or its order;

(5) the rate of storage and handling charges, unless goods are

stored under a field warehousing arrangement, in which case a

statement of that fact is sufficient on a nonnegotiable receipt;

(6) a description of the goods or of the packages containing

them;

(7) the signature of the warehouse or its agent;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 401

(8) if the receipt is issued for goods that the warehouse owns,

either solely, jointly, or in common with others, a statement of the

fact of that ownership; and

(9) a statement of the amount of advances made and of

liabilities incurred for which the warehouse claims a lien or

security interest, unless the precise amount of advances made or

liabilities incurred, at the time of the issue of the receipt, is

unknown to the warehouse or to its agent that issued the receipt, in

which case a statement of the fact that advances have been made or

liabilities incurred and the purpose of the advances or liabilities

is sufficient.

(c) A warehouse may insert in its receipt any terms that are

not contrary to the provisions of the Uniform Commercial Code and do

not impair its obligation of delivery under Section 7-403 of this

title or its duty of care under Section 7-204 of this title. Any

contrary provisions are ineffective.
Okla. Stat. tit. 12, § 12-615 — OK Code / Title 12 / Section 12-615
Appointment of referee
Status: in_force

In all cases of reference, the parties, except when an infant

may be a party, may agree upon a suitable person or persons, not

exceeding three, and the reference shall be ordered accordingly; and

if the parties do not agree, the court shall appoint one or more

referees, not exceeding three, who shall be free from exception.

R.L. 1910, § 5021.
Okla. Stat. tit. 12A, § 12A-2A-404 — OK Code / Title 12A / Section 12A-2A-404
Substituted performance
Status: in_force

SUBSTITUTED PERFORMANCE

(1) If without fault of the lessee, the lessor and the

supplier, the agreed berthing, loading, or unloading facilities fail

or the agreed type of carrier becomes unavailable or the agreed

manner of delivery otherwise becomes commercially impracticable, but

a commercially reasonable substitute is available, the substitute

performance must be tendered and accepted.

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

domestic or foreign governmental regulation:

(a) the lessor may withhold or stop delivery or

cause the supplier to withhold or stop delivery unless the lessee

provides a means or manner of payment that is commercially a

substantial equivalent; and

(b) if delivery has already been taken, payment by

the means or in the manner provided by the regulation discharges the

lessee's obligation unless the regulation is discriminatory,

oppressive, or predatory.
Okla. Stat. tit. 12A, § 12A-1-9-332 — OK Code / Title 12A / Section 12A-1-9-332
Transfer of money; transfer of funds from deposit
Status: in_force

account.

TRANSFER OF MONEY; TRANSFER OF FUNDS FROM DEPOSIT ACCOUNT

(a) A transferee of money takes the money free of a security

interest if the transferee receives possession of the money without

acting in collusion with the debtor in violating the rights of the

secured party.

(b) A transferee of funds from a deposit account takes the

funds free of a security interest in the deposit account if the

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 91

transferee receives the funds without acting in collusion with the

debtor in violating the rights of the secured party.
Okla. Stat. tit. 12, § 12-1536 — OK Code / Title 12 / Section 12-1536
Enforcement of judgment
Status: in_force

If the defendant shall refuse or neglect to deliver over the

books and papers, pursuant to the order, the court, or judge

thereof, shall enforce the order by attachment and imprisonment.

R.L. 1910, § 4924.
Okla. Stat. tit. 12, § 12-613 — OK Code / Title 12 / Section 12-613
Reference by court, when
Status: in_force

When the parties do not consent, the court may, upon the

application of either, or of its own motion, direct a reference in

either of the following cases: Where the trial of an issue of fact

shall require the examination of mutual accounts, or when the

account is on one side only, and it shall be made to appear to the

court that it is necessary that the party on the other side should

be examined as a witness to prove the account; in which case the

referees may be directed to hear and report upon the whole issue, or

upon any specific question of fact involved therein; or where the

taking of an account shall be necessary for the information of the

court before judgment, in cases which may be determined by the

court, or for carrying a judgment into effect, or where a question

of fact other than upon the pleadings, shall arise, upon motion or

otherwise, in any stage of an action.

R.L. 1910, § 5019.
Okla. Stat. tit. 12A, § 12A-2-303 — OK Code / Title 12A / Section 12A-2-303
Allocation or Division of Risks
Status: in_force

Where this article allocates a risk or a burden as between the

parties "unless otherwise agreed", the agreement may not only shift

the allocation but may also divide the risk or burden.
Okla. Stat. tit. 12A, § 12A-3-115 — OK Code / Title 12A / Section 12A-3-115
Incomplete Instrument
Status: in_force

INCOMPLETE INSTRUMENT

(a) "Incomplete instrument" means a signed writing, whether or

not issued by the signer, the contents of which show at the time of

signing that it is incomplete but that the signer intended it to be

completed by the addition of words or numbers.

(b) Subject to subsection (c) of this section, if an incomplete

instrument is an instrument under Section 3-104 of this title, it

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 289

may be enforced according to its terms if it is not completed, or

according to its terms as augmented by completion. If an incomplete

instrument is not an instrument under Section 3-104 of this title,

but, after completion, the requirements of Section 3-104 of this

title, are met, the instrument may be enforced according to its

terms as augmented by completion.

(c) If words or numbers are added to an incomplete instrument

without authority of the signer, there is an alteration of the

incomplete instrument under Section 3-407 of this title.

(d) The burden of establishing that words or numbers were added

to an incomplete instrument without authority of the signer is on

the person asserting the lack of authority.
Okla. Stat. tit. 12, § 12-1431 — OK Code / Title 12 / Section 12-1431
Definitions
Status: in_force

As used in the Oklahoma Citizens Participation Act:

1. "Communication" means the making or submitting of a

statement or document in any form or medium, including oral, visual,

written, audiovisual or electronic;

2. "Exercise of the right of association" means a communication

between individuals who join together to collectively express,

promote, pursue or defend common interests;

3. "Exercise of the right of free speech" means a communication

made in connection with a matter of public concern;

4. "Exercise of the right to petition" means any of the

following:

a. a communication in or pertaining to:

(1) a judicial proceeding,

(2) an official proceeding, other than a judicial

proceeding, to administer the law,

(3) an executive or other proceeding before a

department or agency of the state or federal

government or a political subdivision of the

state or federal government,

(4) a legislative proceeding, including a proceeding

of a legislative committee,

(5) a proceeding before an entity that requires by

rule that public notice be given before

proceedings of that entity,

(6) a proceeding in or before a managing board of an

educational or eleemosynary institution supported

directly or indirectly from public revenue,

(7) a proceeding of the governing body of any

political subdivision of this state,

Oklahoma Statutes - Title 12. Civil Procedure Page 283

(8) a report of or debate and statements made in a

proceeding described by division (3), (4), (5),

(6) or (7) of this subparagraph, or

(9) a public meeting dealing with a public purpose,

including statements and discussions at the

meeting or other matters of public concern

occurring at the meeting,

b. a communication in connection with an issue under

consideration or review by a legislative, executive,

judicial or other governmental body or in another

governmental or official proceeding,

c. a communication that is reasonably likely to encourage

consideration or review of an issue by a legislative,

executive, judicial or other governmental body or in

another governmental or official proceeding,

d. a communication reasonably likely to enlist public

participation in an effort to effect consideration of

an issue by a legislative, executive, judicial or

other governmental body or in another governmental or

official proceeding, and

e. any other communication that falls within the

protection of the right to petition government under

the Constitution of the United States or the Oklahoma

Constitution;

5. "Governmental proceeding" means a proceeding, other than a

judicial proceeding, by an officer, official or body of this state

or a political subdivision of this state, including an agency, board

or commission, or by an officer, official or body of the federal

government;

6. "Legal action" means a lawsuit, cause of action, petition,

complaint, cross-claim, counterclaim or any other judicial pleading

or filing that requests legal or equitable relief;

7. "Matter of public concern" means an issue related to:

a. health or safety,

b. environmental, economic or community well-being,

c. the government,

d. a public official or public figure, or

e. a good, product or service in the marketplace;

8. "Official proceeding" means any type of administrative,

executive, legislative or judicial proceeding that may be conducted

before a public servant; and

9. "Public servant" means a person elected, selected,

appointed, employed or otherwise designated as one of the following,

even if the person has not yet qualified for office or assumed the

person's duties:

a. an officer, employee or agent of government,

b. a juror,

Oklahoma Statutes - Title 12. Civil Procedure Page 284

c. an arbitrator, referee or other person who is

authorized by law or private written agreement to hear

or determine a cause or controversy,

d. an attorney or notary public when participating in the

performance of a governmental function, or

e. a person who is performing a governmental function

under a claim of right but is not legally qualified to

do so.
Okla. Stat. tit. 12A, § 12A-4-210 — OK Code / Title 12A / Section 12A-4-210
Security interest of collecting bank in items,
Status: in_force

accompanying documents and proceeds.

SECURITY INTEREST OF COLLECTING BANK IN ITEMS,

ACCOMPANYING DOCUMENTS AND PROCEEDS

(a) A collecting bank has a security interest in an item and

any accompanying documents or the proceeds of either:

(1) In case of an item deposited in an account, to the extent

to which credit given for the item has been withdrawn or applied;

(2) In case of an item for which it has given credit available

for withdrawal as of right, to the extent of the credit given,

whether or not the credit is drawn upon or there is a right of

charge-back; or

(3) If it makes an advance on or against the item.

(b) If credit given for several items received at one time or

pursuant to a single agreement is withdrawn or applied in part, the

security interest remains upon all the items, any accompanying

documents or the proceeds of either. For the purpose of this

section, credits first given are first withdrawn.

(c) Receipt by a collecting bank of a final settlement for an

item is a realization on its security interest in the item,

accompanying documents, and proceeds. So long as the bank does not

receive final settlement for the item or give up possession of the

item or possession or control of the accompanying documents for

purposes other than collection, the security interest continues to

that extent and is subject to Article 9 of this title, but:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 341

(1) No security agreement is necessary to make the security

interest enforceable (subparagraph (A) of paragraph (3) of

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

(2) No filing is required to perfect the security interest; and

(3) The security interest has priority over conflicting

perfected security interests in the item, accompanying documents, or

proceeds.
Okla. Stat. tit. 12, § 12-698 — OK Code / Title 12 / Section 12-698
Judgment notwithstanding verdict
Status: in_force

When a motion for a directed verdict made at the close of all of

the evidence should have been granted, the court shall, at the

request of the moving party, grant judgment in the moving party's

favor, although a verdict has been found against the moving party,

but the court may order a new trial where it appears that the other

party was prevented from proving a claim or defense by mistake,

accident or surprise. The motion for judgment notwithstanding the

verdict, if made, must be filed not later than ten (10) days after

the judgment, prepared in conformance with Section 696.3 of this

title, is filed with the court clerk. A motion for judgment

notwithstanding the verdict may be joined with a motion for a new

trial. If the moving party did not prepare the judgment, and

Oklahoma Statutes - Title 12. Civil Procedure Page 117

Section 696.2 of this title required a copy of the judgment to be

mailed to the moving party, and the court records do not reflect the

mailing of a copy of the judgment to the moving party within three

(3) days, exclusive of weekends and holidays, after the filing of

the judgment, the motion for judgment notwithstanding the verdict

may be filed no later than ten (10) days after the earliest date on

which the court records show that a copy of the judgment was mailed

to the moving party. A motion for judgment notwithstanding the

verdict filed after the announcement of the verdict but before the

filing of the judgment shall be deemed filed immediately after the

filing of the judgment or decree.

R.L. 1910, § 5140. Amended by Laws 1961, p. 64, § 1; Laws 1990, c.

251, § 12, eff. Jan. 1, 1991; Laws 1991, c. 251, § 8, eff. June 1,

1991; Laws 1993, c. 351, § 12, eff. Oct. 1, 1993; Laws 1994, c. 343,

§ 2, eff. Sept. 1, 1994; Laws 1997, c. 102, § 5, eff. May 1, 1997.
Okla. Stat. tit. 12, § 12-1600.31 — OK Code / Title 12 / Section 12-1600.31
Renumbered as § 335 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12, § 12-718.8 — OK Code / Title 12 / Section 12-718.8
Stay of proceedings pending appeal of foreign-country
Status: in_force

judgment.

If a party establishes that an appeal from a foreign-country

judgment is pending or will be taken, the court may stay any

proceedings with regard to the foreign-country judgment until the

appeal is concluded, the time for appeal expires, or the appellant

has had sufficient time to prosecute the appeal and has failed to do

so.
Okla. Stat. tit. 12A, § 12A-8-110 — OK Code / Title 12A / Section 12A-8-110
Applicability; Choice of Law
Status: in_force

Applicability; Choice of Law.

(a) The local law of the issuer's jurisdiction, as specified in

subsection (d) of this section, governs:

(1) the validity of a security;

(2) the rights and duties of the issuer with respect to

registration of transfer;

(3) the effectiveness of registration of transfer by the

issuer;

(4) whether the issuer owes any duties to an adverse

claimant to a security; and

(5) whether an adverse claim can be asserted against a

person to whom transfer of a certificated or

uncertificated security is registered or a person who

obtains control of an uncertificated security.

(b) The local law of the securities intermediary's

jurisdiction, as specified in subsection (e) of this section,

governs:

(1) acquisition of a security entitlement from the

securities intermediary;

(2) the rights and duties of the securities intermediary

and entitlement holder arising out of a security

entitlement;

(3) whether the securities intermediary owes any duties to

an adverse claimant to a security entitlement; and

(4) whether an adverse claim can be asserted against a

person who acquires a security entitlement from the

securities intermediary or a person who purchases a

security entitlement or interest therein from an

entitlement holder.

(c) The local law of the jurisdiction in which a security

certificate is located at the time of delivery governs whether an

adverse claim can be asserted against a person to whom the security

certificate is delivered.

(d) "Issuer's jurisdiction" means the jurisdiction under which

the issuer of the security is organized or, if permitted by the law

of that jurisdiction, the law of another jurisdiction specified by

the issuer. An issuer organized under the law of this state may

specify the law of another jurisdiction as the law governing the

matters specified in paragraphs (2) through (5) of subsection (a) of

this section.

(e) The following rules determine a "securities intermediary's

jurisdiction" for purposes of this section:

(1) If an agreement between the securities intermediary

and its entitlement holder governing the securities

account expressly provides that a particular

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 432

jurisdiction is the securities intermediary's

jurisdiction for purposes of this part, this article,

or this title, that jurisdiction is the securities

intermediary's jurisdiction;

(2) If paragraph (1) does not apply and an agreement

between the securities intermediary and its

entitlement holder governing the securities account

expressly provides that the agreement is governed by

the law of a particular jurisdiction, that

jurisdiction is the securities intermediary's

jurisdiction.

(3) If neither paragraph (1) nor paragraph (2) of this

subsection applies and an agreement between the

securities intermediary and its entitlement holder

governing the securities account expressly provides

that the securities account is maintained at an office

in a particular jurisdiction, that jurisdiction is the

securities intermediary's jurisdiction;

(4) If none of the preceding paragraphs of this subsection

applies, the securities intermediary's jurisdiction is

the jurisdiction in which the office identified in an

account statement as the office serving the

entitlement holder's account is located; and

(5) If none of the preceding paragraphs of this subsection

applies, the securities intermediary's jurisdiction is

the jurisdiction in which the chief executive office

of the securities intermediary is located.

(f) A securities intermediary's jurisdiction is not determined

by the physical location of certificates representing financial

assets, or by the jurisdiction in which is organized the issuer of

the financial asset with respect to which an entitlement holder has

a security entitlement, or by the location of facilities for data

processing or other recordkeeping concerning the account.

(g) The local law of the issuer's jurisdiction or the

securities intermediary's jurisdiction governs a matter or

transaction specified in subsection (a) or (b) of this section even

if the matter or transaction does not bear any relation to the

jurisdiction.