Okla. Stat. tit. 12A, § 12A-1-9-304 — OK Code / Title 12A / Section 12A-1-9-304
Law governing perfection and priority of security
Status: in_force

interests in deposit accounts.

LAW GOVERNING PERFECTION AND PRIORITY OF

SECURITY INTERESTS IN DEPOSIT ACCOUNTS

(a) The local law of a bank's jurisdiction governs perfection,

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

security interest in a deposit account maintained with that bank

even if the transaction does not bear any relation to the bank's

jurisdiction.

(b) The following rules determine a bank's jurisdiction for

purposes of this part:

(1) If an agreement between the bank and its customer governing

the deposit account expressly provides that a particular

jurisdiction is the bank's jurisdiction for purposes of this part,

this article, or the Uniform Commercial Code, that jurisdiction is

the bank's jurisdiction.

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

agreement between the bank and its customer governing the deposit

account expressly provides that the agreement is governed by the law

of a particular jurisdiction, that jurisdiction is the bank's

jurisdiction.

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

subsection applies and an agreement between the bank and its

customer governing the deposit account expressly provides that the

deposit account is maintained at an office in a particular

jurisdiction, that jurisdiction is the bank's jurisdiction.

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

applies, the bank's jurisdiction is the jurisdiction in which the

office identified in an account statement as the office serving the

customer's account is located.

(5) If none of the preceding paragraphs applies, the bank's

jurisdiction is the jurisdiction in which the chief executive office

of the bank is located.
Okla. Stat. tit. 12, § 12-1446b — OK Code / Title 12 / Section 12-1446b
"Newspapers" or "periodicals" defined
Status: in_force

Newspapers or periodicals shall, for the purpose of this act, be

considered publications having admission to the mails as second

class mail matter and having all the other qualifications of a legal

newspaper as defined in Chapter 1, Article 1, Session Laws 1935.
Okla. Stat. tit. 12A, § 12A-4-504 — OK Code / Title 12A / Section 12A-4-504
Privilege of Presenting Bank to Deal With Goods;
Status: in_force

Security Interest for Expenses.

PRIVILEGE OF PRESENTING BANK TO DEAL WITH GOODS;

SECURITY INTEREST FOR EXPENSES

(a) A presenting bank that, following the dishonor of a

documentary draft, has seasonably requested instructions but does

not receive them within a reasonable time may store, sell, or

otherwise deal with the goods in any reasonable manner.

(b) For its reasonable expenses incurred by action under

subsection (a) of this section, the presenting bank has a lien upon

the goods or their proceeds, which may be foreclosed in the same

manner as an unpaid seller's lien.
Okla. Stat. tit. 12A, § 12A-1-9-702 — OK Code / Title 12A / Section 12A-1-9-702
Savings clause
Status: in_force

SAVINGS CLAUSE

(a) Except as otherwise provided in this part, this act applies

to a transaction or lien within its scope, even if the transaction

or lien was entered into or created before this act takes effect.

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

section and Sections 1-9-703 through 1-9-709 of this title:

(1) transactions and liens that were not governed by former

Article 9 of this title, were validly entered into or created before

this act takes effect, and would be subject to this act if they had

been entered into or created after this act takes effect, and the

rights, duties, and interests flowing from those transactions and

liens remain valid after this act takes effect; and

(2) the transactions and liens may be terminated, completed,

consummated, and enforced as required or permitted by this act or by

the law that otherwise would apply if this act had not taken effect.

(c) This act does not affect an action, case, or proceeding

commenced before this act takes effect.
Okla. Stat. tit. 12, § 12-2509 — OK Code / Title 12 / Section 12-2509
Secrets of state and other official information -
Status: in_force

Governmental privileges.

A. If the law of the United States creates a governmental

privilege that the courts of this state must recognize under the

Constitution of the United States, the privilege may be claimed as

provided by the law of the United States.

B. No other governmental privilege is recognized except as

created by the Constitution or statutes of this state.

Oklahoma Statutes - Title 12. Civil Procedure Page 462

C. If a claim of governmental privilege is sustained and it

appears that a party is thereby deprived of material evidence, the

court shall make any further orders the interests of justice

require, including striking the testimony of a witness, declaring a

mistrial, finding upon an issue as to which the evidence is relevant

or dismissing the action.
Okla. Stat. tit. 12, § 12-2611.5 — OK Code / Title 12 / Section 12-2611.5
Testimony to which act applies – Other procedures not
Status: in_force

precluded.

The Uniform Child Witness Testimony by Alternative Methods Act

applies to the testimony of a child witness in a criminal or

noncriminal proceeding. However, the Uniform Child Witness

Testimony by Alternative Methods Act does not preclude, in a

noncriminal proceeding, any other procedure permitted by law for a

child witness to testify in a proceeding conducted pursuant to the

Oklahoma Children’s Code or the Oklahoma Juvenile Code.
Okla. Stat. tit. 12, § 12-1333 — OK Code / Title 12 / Section 12-1333
Courts which may grant writ - Grant without delay
Status: in_force

Writs of habeas corpus may be granted by any court of record in

term time, or by a judge of any such court, either in term or

vacation; and upon application the writ shall be granted without

delay.

R.L. 1910, § 4884.
Okla. Stat. tit. 12, § 12-1177 — OK Code / Title 12 / Section 12-1177
Trial of issue - Judgment on answer
Status: in_force

The answer of the garnishee shall in all cases be conclusive of

the truth of the facts therein stated, with reference to the

garnishee's liability to the defendant unless the judgment creditor

shall within twenty (20) days from the receipt of the garnishee's

answer, from the date of the deposition of the garnishee, or from

Oklahoma Statutes - Title 12. Civil Procedure Page 251

receipt of the garnishee's answers to interrogatories, whichever is

later, serve upon the garnishee or the garnishee's attorney of

record personally or by certified mail, return receipt requested, a

notice in writing that the judgment creditor elects to take issue

with the garnishee's answer; in which case, the issue shall stand

for trial as a civil action in which the affidavit on the part of

the judgment creditor shall be deemed the petition and the

garnishee's answer the answer thereto. If an issue for trial shall

be joined between the judgment creditor and a garnishee resident in

another county other than that in which the action is pending, the

court may, on motion, change the place of trial of such issue to the

county of the garnishee's residence. The judgment creditor may, in

all cases, move the court, upon the answer of the garnishee, and of

the defendant, if the defendant shall also answer, for such judgment

to which the judgment creditor shall be entitled, but any such

judgment shall be no bar beyond the facts stated in the answer.

R.L. 1910, § 4827. Amended by Laws 1965, c. 297, § 7; Laws 1995, c.

338, § 8, eff. Nov. 1, 1995.
Okla. Stat. tit. 12, § 12-1117 — OK Code / Title 12 / Section 12-1117
Orders to be entered
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 214

Orders made out of court shall be forthwith entered by the clerk

in the journal of the court, in the same manner as orders made in

term.

R.L. 1910, § 5317.
Okla. Stat. tit. 12, § 12-1277.3 — OK Code / Title 12 / Section 12-1277.3
Renumbered as § 114 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-1851 — OK Code / Title 12 / Section 12-1851
Short title
Status: in_force

Sections 1 through 31 of this act shall be known and may be

cited as the “Uniform Arbitration Act”.
Okla. Stat. tit. 12, § 12-817 — OK Code / Title 12 / Section 12-817
Sureties of sheriff made parties on amercement -
Status: in_force

Attachment.

Every surety of any sheriff or other officer may be made party

to the judgment rendered as aforesaid, against the sheriff or other

officer, by action, to be commenced and prosecuted as in other

cases; but the goods and chattels, lands and tenements of any such

surety shall not be liable to be taken on execution, when sufficient

goods and chattels, lands and tenements of the sheriff or other

officer against whom execution may be issued can be found to satisfy

the same. Nothing herein contained shall prevent either party from

Oklahoma Statutes - Title 12. Civil Procedure Page 162

proceeding against such sheriff or other officer, by attachment, at

his election.

R.L. 1910, § 5186.
Okla. Stat. tit. 12, § 12-1757 — OK Code / Title 12 / Section 12-1757
Transfer of actions from small claims docket to another
Status: in_force

docket.

A. For matters in which the claim is less than Seven Thousand

Five Hundred Dollars ($7,500.00):

1. On motion of the defendant, a small claims action may, in

the discretion of the court, be transferred from the small claims

docket to another docket of the court; provided, that the motion is

filed and notice is given by the defendant to the opposing party or

parties by mailing a copy of the motion at least forty-eight (48)

hours prior to the time fixed in the order for defendant to appear

or answer; and provided, further, that the defendant deposit the sum

of Fifty Dollars ($50.00) as the court cost; and

2. The motion to transfer shall be heard at the time fixed in

the order and consideration shall be given to any hardship on the

plaintiff, complexity of the case, reason for transfer, and other

relevant matters. If the motion is denied, the action shall remain

on the small claims docket.

B. For matters in which the claim is Seven Thousand Five

Hundred Dollars ($7,500.00) or more, on motion of the defendant, a

small claims action shall be transferred from the small claims

docket to another docket of the court; provided, that the motion is

filed and notice is given by the defendant to the opposing party or

parties by mailing a copy of the motion at least forty-eight (48)

Oklahoma Statutes - Title 12. Civil Procedure Page 334

hours prior to the time fixed in the order for defendant to appear

or answer; and provided, further, that the defendant deposit the sum

of Fifty Dollars ($50.00) as the court cost.

C. If the motion is granted, the defendant as movant shall

present within ten (10) days and the court shall cause to be filed

an order on a form prepared by the Administrative Office of the

Courts transferring the action from the small claims docket to

another docket. If the transfer order is not filed by the movant

within ten (10) days, it shall be reinstated upon the small claims

docket upon motion of the small claims plaintiff, and no further

transfer shall be authorized. Before the transfer is effected, the

movant shall deposit with the clerk the court costs that are charged

in other civil cases under Sections 151 through 157 of Title 28 of

the Oklahoma Statutes, less any sums that have already been paid to

the clerk. After this filing, the costs and other procedural

matters shall be governed as in other civil actions, and not under

small claims procedure.

D. Within twenty (20) days of the date the transfer order is

signed, the plaintiff shall file a petition that conforms to the

standards of pleadings prescribed by the Oklahoma Pleading Code.

The answer of the defendant shall be due within twenty (20) days

after the filing of the petition and the reply of the plaintiff in

ten (10) days after the answer is filed.

1. For matters in which the claim is less than Seven Thousand

Five Hundred Dollars ($7,500.00), if the plaintiff ultimately

prevails in the action so transferred by the defendant, a reasonable

attorney fee shall be allowed to plaintiff's attorney to be taxed as

costs in the case, in addition to any sanctions which the court may

deem appropriate.

2. For matters in which the claim is Seven Thousand Five

Hundred Dollars ($7,500.00) or more, if attorney fees are otherwise

allowed by law, a reasonable attorney fee shall be allowed to be

taxed as costs in the case, in addition to any sanctions which the

court may deem appropriate.
Okla. Stat. tit. 12A, § 12A-2A-101 — OK Code / Title 12A / Section 12A-2A-101
Short title
Status: in_force

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

Commercial Code – Leases.
Okla. Stat. tit. 12, § 12-729.2 — OK Code / Title 12 / Section 12-729.2
Definitions
Status: in_force

As used in this act:

1. "Action" means a judicial proceeding or arbitration in which

a payment in money may be awarded or enforced with respect to a

foreign-money claim;

2. "Bank-offered spot rate" means the spot rate of exchange at

which a bank will sell foreign money at a spot rate;

3. "Conversion date" means the banking day next preceding the

date on which money, in accordance with this act, is:

Oklahoma Statutes - Title 12. Civil Procedure Page 139

a. paid to a claimant in an action or distribution

proceeding,

b. paid to the official designated by law to enforce a

judgment or award on behalf of a claimant, or

c. used to recoup, set-off or counterclaim in different

moneys in an action or distribution proceeding;

4. "Distribution proceeding" means a judicial or nonjudicial

proceeding for the distribution of a fund in which one or more

foreign-money claims is asserted and includes, but is not limited

to, an accounting, an assignment for the benefit of creditors, a

foreclosure, the liquidation or rehabilitation of a corporation or

other entity, and the distribution of an estate, trust or other

fund;

5. "Foreign money" means money other than money of the United

States of America;

6. "Foreign-money claim" means a claim upon an obligation to

pay, or a claim for recovery of a loss, expressed in or measured by

a foreign money;

7. "Money" means a medium of exchange for the payment of

obligations or a store of value authorized or adopted by a

government or by intergovernmental agreement;

8. "Money of the claim" means the money determined as proper

pursuant to Section 5 of this act;

9. "Person" means an individual, a corporation, government or

governmental subdivision or agency, business trust, estate, trust,

joint venture, partnership, association, limited liability company,

two or more persons having a joint or common interest or any other

legal or commercial entity;

10. "Rate of exchange" means the rate at which money of one

country may be converted into money of another country in a free

financial market convenient to or reasonably usable by a person

obligated to pay or to state a rate of conversion. If separate

rates of exchange apply to different kinds of transactions, the term

means the rate applicable to the particular transaction giving rise

to the foreign-money claim;

11. "Spot rate" means the rate of exchange at which foreign

money is sold by a bank or other dealer in foreign exchange for

immediate or next day availability or for settlement by immediate

payment in cash or equivalent, by charge to an account or by an

agreed delayed settlement not exceeding two days; and

12. "State" means a state of the United States, the District of

Columbia, the Commonwealth of Puerto Rico or a territory or insular

possession subject to the jurisdiction of the United States.
Okla. Stat. tit. 12A, § 12A-4-208 — OK Code / Title 12A / Section 12A-4-208
Presentment Warranties
Status: in_force

PRESENTMENT WARRANTIES

(a) If an unaccepted draft is presented to the drawee for

payment or acceptance and the drawee pays or accepts the draft, (i)

the person obtaining payment or acceptance, at the time of

presentment, and (ii) a previous transferor of the draft, at the

time of transfer, warrant to the drawee that pays or accepts the

draft in good faith that:

(1) The warrantor is, or was, at the time the warrantor

transferred the draft, a person entitled to enforce

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 339

the draft or authorized to obtain payment or

acceptance of the draft on behalf of a person entitled

to enforce the draft;

(2) The draft has not been altered; and

(3) The warrantor has no knowledge that the signature of

the purported drawer of the draft is unauthorized.

(b) A drawee making payment may recover from a warrantor

damages for breach of warranty equal to the amount paid by the

drawee less the amount the drawee received or is entitled to receive

from the drawer because of the payment. In addition, the drawee is

entitled to compensation for expenses and loss of interest resulting

from the breach. The right of the drawee to recover damages under

this subsection is not affected by any failure of the drawee to

exercise ordinary care in making payment. If the drawee accepts the

draft (i) breach of warranty is a defense to the obligation of the

acceptor, and (ii) if the acceptor makes payment with respect to the

draft, the acceptor is entitled to recover from a warrantor for

breach of warranty the amounts stated in this subsection.

(c) If a drawee asserts a claim for breach of warranty under

subsection (a) of this section based on an unauthorized indorsement

of the draft or an alteration of the draft, the warrantor may defend

by proving that the indorsement is effective under Section 3-404 or

3-405 of this title or the drawer is precluded under Section 3-406

or 4-406 of this title from asserting against the drawee the

unauthorized indorsement or alteration.

(d) If (i) a dishonored draft is presented for payment to the

drawer or an indorser or (ii) any other item is presented for

payment to a party obliged to pay the item, and the item is paid,

the person obtaining payment and a prior transferor of the item

warrant to the person making payment in good faith that the

warrantor is, or was, at the time the warrantor transferred the

item, a person entitled to enforce the item or authorized to obtain

payment on behalf of a person entitled to enforce the item. The

person making payment may recover from any warrantor for breach of

warranty an amount equal to the amount paid plus expenses and loss

of interest resulting from the breach.

(e) The warranties stated in subsections (a) and (d) of this

section cannot be disclaimed with respect to checks. Unless notice

of a claim for breach of warranty is given to the warrantor within

thirty (30) days after the claimant has reason to know of the breach

and the identity of the warrantor, the warrantor is discharged to

the extent of any loss caused by the delay in giving notice of the

claim.

(f) A claim for relief for breach of warranty under this

section accrues when the claimant has reason to know of the breach.
Okla. Stat. tit. 12A, § 12A-4-203 — OK Code / Title 12A / Section 12A-4-203
Effect of Instructions
Status: in_force

EFFECT OF INSTRUCTIONS

Subject to Article 3 of this title concerning conversion of

instruments (Section 3-420 of this title) and restrictive

indorsements (Section 3-206 of this title), only a collecting bank's

transferor can give instructions that affect the bank or constitute

notice to it, and a collecting bank is not liable to prior parties

for any action taken pursuant to the instructions or in accordance

with any agreement with its transferor.
Okla. Stat. tit. 12, § 12-1051 — OK Code / Title 12 / Section 12-1051
Causes of action that survive
Status: in_force

In addition to the causes of action which survive at common law,

causes of action for mesne profits, or for an injury to the person,

or to real or personal estate, or for any deceit or fraud, shall

also survive; and the action may be brought, notwithstanding the

death of the person entitled or liable to the same.

R.L. 1910, § 5279.
Okla. Stat. tit. 12, § 12-1880 — OK Code / Title 12 / Section 12-1880
Considerations of conformity
Status: in_force

A. In applying and construing the Uniform Arbitration Act,

consideration must be given to the need to promote uniformity of the

law with respect to its subject matter among states that enact it.

B. In applying and construing the Uniform Arbitration Act, to

the extent permitted by federal law, recognition shall be given to

the following considerations as applicable:

1. Agreements to arbitrate are often included in standard forms

prepared by one party and in a context where there is little or no

ability to negotiate or change the terms of the agreement to

arbitrate; and

2. In such cases, clauses providing for the location for

arbitration, for the expenses of arbitration, denying the ability to

consolidate arbitrations or to have arbitration for a class of

persons involving substantially similar issues, and for other

matters that may represent a serious disadvantage to the party or

Oklahoma Statutes - Title 12. Civil Procedure Page 370

parties that did not prepare the form shall be closely reviewed for

unconscionability based on unreasonable one-sidedness and

understandable or unnoticeable language or lack of meaningful choice

and for balance and fairness in accordance with reasonable standards

of fair dealing.
Okla. Stat. tit. 12A, § 12A-1-9-301 — OK Code / Title 12A / Section 12A-1-9-301
Law governing perfection and priority of security
Status: in_force

interests.

LAW GOVERNING PERFECTION AND

PRIORITY OF SECURITY INTERESTS

Except as otherwise provided in Sections 1-9-303 through 1-9-

306B of this title, the following rules determine the law governing

perfection, the effect of perfection or nonperfection, and the

priority of a security interest in collateral:

(1) Except as otherwise provided in this section, while a

debtor 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

collateral.

(2) While collateral is located in a jurisdiction, the local

law of that jurisdiction governs perfection, the effect of

perfection or nonperfection, and the priority of a possessory

security interest in that collateral.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 51

(3) Except as otherwise provided in paragraph (4) of this

section, while negotiable tangible documents, goods, instruments, or

money are located in a jurisdiction, the local law of that

jurisdiction governs:

(A) perfection of a security interest in the goods by

filing a fixture filing;

(B) perfection of a security interest in timber to be cut;

and

(C) the effect of perfection or nonperfection and the

priority of a nonpossessory security interest in the

collateral.

(4) The local law of the jurisdiction in which the wellhead or

minehead is located governs perfection, the effect of perfection or

nonperfection, and the priority of a security interest in as-

extracted collateral.
Okla. Stat. tit. 12, § 12-951 — OK Code / Title 12 / Section 12-951
Appellate jurisdiction of the district court
Status: in_force

(a) A judgment rendered, or final order made, by any tribunal,

board or officer exercising judicial functions, and inferior in

jurisdiction to the district court, may be reversed, vacated or

modified by the district court except where an appeal to some other

court is provided by law.

(b) Unless otherwise provided by law, proceedings for review of

a judgment or final order shall be commenced by filing a petition in

the district court of the county where the inferior tribunal, board

or officer rendered the order within thirty (30) days of the date

that a copy of the judgment or final order is mailed to the

appellant, as shown by the certificate of mailing attached to the

judgment or final order.

Oklahoma Statutes - Title 12. Civil Procedure Page 179

R.L. 1910, § 5235. Amended by Laws 1998, c. 374, § 1, eff. Nov. 1,

1998.
Okla. Stat. tit. 12, § 12-855 — OK Code / Title 12 / Section 12-855
Rights and powers of receiver
Status: in_force

The receiver shall be vested with the property and effects and

rights in action of the judgment debtor, not exempt by law, or such

part thereof as the court or judge may order, and may sue for,

collect, and recover, and dispose of the same, and apply the

proceeds according to the order of the court or judge, and generally

may do such acts concerning the property as the court or judge may

authorize.

R.L. 1910, § 5203.
Okla. Stat. tit. 12A, § 12A-1-9-804 — OK Code / Title 12A / Section 12A-1-9-804
Security interest unperfected before effective date
Status: in_force

SECURITY INTEREST UNPERFECTED BEFORE EFFECTIVE DATE

A security interest that is an unperfected security interest

immediately before this act takes effect becomes a perfected

security interest:

(1) without further action, when this act takes effect on

November 1, 2015, if the applicable requirements for perfection

under Article 9 of the Uniform Commercial Code as amended by this

act are satisfied before or at that time; or

(2) when the applicable requirements for perfection are

satisfied if the requirements are satisfied after that time.
Okla. Stat. tit. 12, § 12-2701 — OK Code / Title 12 / Section 12-2701
Opinion testimony by lay witnesses
Status: in_force

If the witness is not testifying as an expert, the witness’s

testimony in the form of opinions or inferences is limited to those

opinions or inferences which are:

1. Rationally based on the perception of the witness;

2. Helpful to a clear understanding of his testimony or the

determination of a fact in issue; and

3. Not based on scientific, technical or other specialized

knowledge within the scope of Section 2702 of this title.
Okla. Stat. tit. 12, § 12-718.11 — OK Code / Title 12 / Section 12-718.11
Saving clause
Status: in_force

The Uniform Foreign-Country Money Judgments Recognition Act does

not prevent the recognition under principals of comity or otherwise

of a foreign-country judgment not within the scope of the Uniform

Foreign-Country Money Judgments Recognition Act.
Okla. Stat. tit. 12, § 12-1160 — OK Code / Title 12 / Section 12-1160
Redelivery on bond
Status: in_force

The sheriff shall deliver the property attached to the person in

whose possession it was found, upon the execution, by such person,

in the presence of the sheriff, of an undertaking to the plaintiff,

with one or more sufficient sureties, resident in the county, to the

effect that the parties to the same are bound, in double the

appraised value thereof, that the property, or its appraised value

in money, shall be forthcoming to answer the judgment of the court

in the action; but if it shall appear to the court that any part of

said property has been lost or destroyed by unavoidable accident,

the value thereof shall be remitted to the person so bound.

R.L. 1910, § 4821.
Okla. Stat. tit. 12, § 12-2016 — OK Code / Title 12 / Section 12-2016
Pretrial procedure - Formulating issues
Status: in_force

PRETRIAL PROCEDURE; FORMULATING ISSUES

Oklahoma Statutes - Title 12. Civil Procedure Page 415

In the absence of specific superseding legislation, the

procedures for conducting pretrial conferences shall be governed by

rules promulgated by the Supreme Court of Oklahoma.
Okla. Stat. tit. 12, § 12-1863 — OK Code / Title 12 / Section 12-1863
Disclosure of facts
Status: in_force

A. Before accepting appointment, an individual who is requested

to serve as an arbitrator, after making a reasonable inquiry, shall

disclose to all parties to the agreement to arbitrate and

arbitration proceeding and to any other arbitrators any known facts

that a reasonable person would consider likely to affect the

impartiality of the arbitrator in the arbitration proceeding,

including but not limited to:

1. A financial or personal interest in the outcome of the

arbitration proceeding; and

2. An existing or past relationship with any of the parties to

the agreement to arbitrate or the arbitration proceeding, their

counsel or representatives, a witness, or another arbitrator.

B. An arbitrator has a continuing obligation to disclose to all

parties to the agreement to arbitrate and arbitration proceeding and

to any other arbitrators any facts that the arbitrator learns after

accepting appointment which a reasonable person would consider

likely to affect the impartiality of the arbitrator.

C. If an arbitrator discloses a fact required by subsection A

or B of this section to be disclosed and a party timely objects to

the appointment or continued service of the arbitrator based upon

the fact disclosed, the objection may be a ground under paragraph 2

of subsection A of Section 24 of this act for vacating an award made

by the arbitrator.

D. If the arbitrator did not disclose a fact as required by

subsection A or B of this section, upon timely objection by a party,

the court under paragraph 2 of subsection A of Section 24 of this

act may vacate an award.

E. An arbitrator appointed as a neutral arbitrator who does not

disclose a known, direct, and material interest in the outcome of

the arbitration proceeding or a known, existing, and substantial

relationship with a party is presumed to act with evident partiality

under paragraph 2 of subsection A of Section 24 of this act.

F. If the parties to an arbitration proceeding agree to the

procedures of an arbitration organization or any other procedures

for challenges to arbitrators before an award is made, substantial

compliance with those procedures is a condition precedent to an

application and motion to vacate an award on that ground under

paragraph 2 of subsection A of Section 24 of this act.
Okla. Stat. tit. 12, § 12-1651 — OK Code / Title 12 / Section 12-1651
Determination of rights, status or other legal relations
Status: in_force

- Exceptions.

District courts may, in cases of actual controversy, determine

rights, status, or other legal relations, including but not limited

to a determination of the construction or validity of any foreign

judgment or decree, deed, contract, trust, or other instrument or

agreement or of any statute, municipal ordinance, or other

governmental regulation, whether or not other relief is or could be

claimed, except that no declaration shall be made concerning

liability or nonliability for damages on account of alleged tortious

injuries to persons or to property either before or after judgment

or for compensation alleged to be due under workers' compensation

laws for injuries to persons. The determination may be made either

before or after there has been a breach of any legal duty or

obligation, and it may be either affirmative or negative in form and

effect; provided however, that a court may refuse to make a

determination where the judgment, if rendered, would not terminate

the controversy, or some part thereof, giving rise to the

proceeding.

Oklahoma Statutes - Title 12. Civil Procedure Page 325
Okla. Stat. tit. 12, § 12-426 — OK Code / Title 12 / Section 12-426
Statement under penalty of perjury
Status: in_force

A. Except as provided by subsection B of this section, whenever

under any law of this state or under any rule, order or requirement

made pursuant to the law of this state, any matter is required or

permitted to be supported, evidenced, established or proved by the

sworn statement, declaration, verification, certificate, oath or

affidavit, in writing of the person making the same, the matter may

with like force and effect be supported, evidenced, established or

proved by the unsworn statement in writing of the person made and

signed under penalty of perjury setting forth the date and place of

execution and that it is made under the laws of this state. The

statement may be substantially in the following form:

"I state under penalty of perjury under the laws of Oklahoma

that the foregoing is true and correct.

______________________________ _________________________________

(Date and Place) (Signature)"

The signed statement shall constitute a legally binding assertion

that the contents of the statement to which it refers are true.

This section shall not affect any requirement for acknowledgment of

an instrument affecting real property.

B. The provisions of subsection A of this section shall not

apply to:

1. A deposition;

2. Any oath of office;

3. An oath required to be taken before a specified official

other than a notary public; or

4. Any notarial act, oath or affidavit required by Title 26 of

the Oklahoma Statutes.
Okla. Stat. tit. 12, § 12-1839 — OK Code / Title 12 / Section 12-1839
Authority of the courts – Court-ordered settlement
Status: in_force

conferences.

Nothing in the Choice in Mediation Act shall impair the

authority of trial courts or appellate courts of this state to

establish or continue in effect programs for mediation of disputes

within their jurisdiction or for conducting court-ordered settlement

conferences.
Okla. Stat. tit. 12, § 12-579 — OK Code / Title 12 / Section 12-579
View by jury
Status: in_force

Whenever, in the opinion of the court, it is proper for the jury

to have a view of the property which is the subject of litigation,

or of the place in which any material fact occurred, it may order,

them to be conducted, in a body, under the charge of an officer, to

the place, which shall be shown to them by some person appointed by

the court for that purpose. While the jury are thus absent, no

person, other than the person so appointed, shall speak to them on

any subject connected with the trial.

R.L. 1910, § 5004.
Okla. Stat. tit. 12A, § 12A-3-601 — OK Code / Title 12A / Section 12A-3-601
Discharge and Effect of Discharge
Status: in_force

DISCHARGE AND EFFECT OF DISCHARGE

(a) The obligation of a party to pay the instrument is

discharged as stated in this article or by an act or agreement with

the party which would discharge an obligation to pay money under a

simple contract.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 324

(b) Discharge of the obligation of a party is not effective

against a person acquiring rights of a holder in due course of the

instrument without notice of the discharge.
Okla. Stat. tit. 12A, § 12A-2A-304 — OK Code / Title 12A / Section 12A-2A-304
Subsequent Lease of Goods by Lessor
Status: in_force

SUBSEQUENT LEASE OF GOODS BY LESSOR

(1) Subject to Section 2A-303 of this title, a subsequent

lessee from a lessor of goods under an existing lease contract

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 251

obtains, to the extent of the leasehold interest transferred, the

leasehold interest in the goods that the lessor had or had power to

transfer, and except as provided in subsection (2) of this section

and subsection (4) of Section 2A-527 of this title, takes subject to

the existing lease contract. A lessor with voidable title has power

to transfer a good leasehold interest to a good faith subsequent

lessee for value, but only to the extent set forth in the preceding

sentence. If goods have been delivered under a transaction of

purchase, the lessor has that power even though:

(a) the lessor's transferor was deceived as to the

identity of the lessor;

(b) the delivery was in exchange for a check which is

later dishonored;

(c) it was agreed that the transaction was to be a "cash

sale"; or

(d) the delivery was procured through fraud punishable as

larcenous under the criminal law.

(2) A subsequent lessee in the ordinary course of business from

a lessor who is a merchant dealing in goods of that kind to whom the

goods were entrusted by the existing lessee of that lessor before

the interest of the subsequent lessee became enforceable against

that lessor obtains, to the extent of the leasehold interest

transferred, all of that lessor's and the existing lessee's rights

to the goods, and takes free of the existing lease contract.

(3) A subsequent lessee from the lessor of goods that are

subject to an existing lease contract and are covered by a

certificate of title issued under a statute of this state or of

another jurisdiction takes no greater rights than those provided

both by this section and by the certificate of title statute.
Okla. Stat. tit. 12A, § 12A-8-504 — OK Code / Title 12A / Section 12A-8-504
Duty of Securities Intermediary to Maintain Financial
Status: in_force

Asset.

Duty of Securities Intermediary to Maintain Financial Asset.

(a) A securities intermediary shall promptly obtain and

thereafter maintain a financial asset in a quantity corresponding to

the aggregate of all security entitlements it has established in

favor of its entitlement holders with respect to that financial

asset. The securities intermediary may maintain those financial

assets directly or through one or more other securities

intermediaries.

(b) Except to the extent otherwise agreed by its entitlement

holder, a securities intermediary may not grant any security

interests in a financial asset it is obligated to maintain pursuant

to subsection (a) of this section.

(c) A securities intermediary satisfies the duty in subsection

(a) of this section if:

(1) the securities intermediary acts with respect to the

duty as agreed upon by the entitlement holder and the

securities intermediary; or

(2) in the absence of agreement, the securities

intermediary exercises due care in accordance with

reasonable commercial standards to obtain and maintain

the financial asset.

(d) This section does not apply to a clearing corporation that

is itself the obligor of an option or similar obligation to which

its entitlement holders have security entitlements.
Okla. Stat. tit. 12A, § 12A-2-202 — OK Code / Title 12A / Section 12A-2-202
Final written expression: parol or extrinsic evidence
Status: in_force

Final Expression: Parol or Extrinsic Evidence.

Terms with respect to which the confirmatory memoranda of the

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

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

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

evidence of any prior agreement or of a contemporaneous oral

agreement but may be explained or supplemented:

(a) by course of performance, course of dealing or usage of

trade (Section 16 of this act); and

(b) by evidence of consistent additional terms unless the court

finds the record to have been intended also as a complete and

exclusive statement of the terms of the agreement.
Okla. Stat. tit. 12A, § 12A-5-112 — OK Code / Title 12A / Section 12A-5-112
Transfer of Letter of Credit
Status: in_force

Transfer of Letter of Credit.

(a) Except as otherwise provided in Section 5-113 of this

title, unless a letter of credit provides that it is transferable,

the right of a beneficiary to draw or otherwise demand performance

under a letter of credit may not be transferred.

(b) Even if a letter of credit provides that it is

transferable, the issuer may refuse to recognize or carry out a

transfer if:

(1) The transfer would violate applicable law; or

(2) The transferor or transferee has failed to comply with

any requirement stated in the letter of credit or any

other requirement relating to transfer imposed by the

issuer which is within the standard practice referred

to in subsection (e) of Section 5-108 of this title or

is otherwise reasonable under the circumstances.
Okla. Stat. tit. 12A, § 12A-2-316 — OK Code / Title 12A / Section 12A-2-316
Exclusion or Modification of Warranties
Status: in_force

Exclusion or Modification of Warranties. - (1) Words or conduct

relevant to the creation of an express warranty and words or conduct

tending to negate or limit warranty shall be construed wherever

reasonable as consistent with each other; but, subject to the

provisions of this Article on parol or extrinsic evidence (Section

2-202) negation or limitation is inoperative to the extent that such

construction is unreasonable.

(2) Subject to subsection (3), to exclude or modify the implied

warranty of merchantability or any part of it the language must

mention merchantability and in case of a writing must be

conspicuous, and to exclude or modify any implied warranty of

fitness the exclusion must be by a writing and conspicuous. Language

to exclude all implied warranties of fitness is sufficient if it

states, for example, that "There are no warranties which extend

beyond the description on the face hereof."

(3) Notwithstanding subsection (2)

(a) unless the circumstances indicate otherwise, all

implied warranties are excluded by expressions like "as is", "with

all faults" or other language which in common understanding calls

the buyer's attention to the exclusion of warranties and makes plain

that there is no implied warranty; and

(b) when the buyer before entering into the contract

has examined the goods or the sample or model as fully as he desired

or has refused to examine the goods there is no implied warranty

with regard to defects which an examination ought in the

circumstances to have revealed to him; and

(c) an implied warranty can also be excluded or

modified by course of dealing or course of performance or usage of

trade; and

(d) the implied warranties of merchantability and

fitness do not apply to the sale or barter of livestock or its

unborn young, provided that seller offers sufficient evidence that

all state and federal regulations pertaining to the health of such

animals were complied with; provided, however, that the implied

warranties of merchantability and fitness shall apply to the sale or

barter of horses.

(4) Remedies for breach of warranty can be limited in

accordance with the provisions of this Article on liquidation or

limitation of damages and on contractual modification of remedy

(Sections 2-718 and 2-719).
Okla. Stat. tit. 12A, § 12A-7-503 — OK Code / Title 12A / Section 12A-7-503
Document of title to goods defeated in certain cases
Status: in_force

Document of Title to Goods Defeated in Certain Cases.

(a) A document of title confers no right in goods against a

person that before issuance of the document 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 Section 2-403, 2A-304(2),

2A-305(2), 1-9-320, or 1-9-321(c) of this title or

other statute or rule of law; or

(2) acquiesce in the procurement by the bailor or its nominee

of any document.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 416

(b) Title to goods based upon an unaccepted delivery order is

subject to the rights of any person to which a negotiable warehouse

receipt or bill of lading covering the goods has been duly

negotiated. That title may be defeated under Section 7-504 of this

title to the same extent as the rights of the issuer or a transferee

from the issuer.

(c) Title to goods based upon a bill of lading issued to a

freight forwarder is subject to the rights of any person to which a

bill issued by the freight forwarder is duly negotiated. However,

delivery by the carrier in accordance with Part 4 of this article

pursuant to its own bill of lading discharges the carrier's

obligation to deliver.
Okla. Stat. tit. 12, § 12-718.6 — OK Code / Title 12 / Section 12-718.6
Procedure for recognition of foreign-country judgment
Status: in_force

A. If recognition of a foreign-country judgment is sought as an

original matter, the issue of recognition shall be raised by filing

an action seeking recognition of the foreign-country judgment.

B. If recognition of a foreign-country judgment is sought in a

pending action, the issue of recognition may be raised by

counterclaim, cross-claim, or affirmative defense.
Okla. Stat. tit. 12, § 12-2101 — OK Code / Title 12 / Section 12-2101
Short title
Status: in_force

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

Evidence Code.
Okla. Stat. tit. 12A, § 12A-2-724 — OK Code / Title 12A / Section 12A-2-724
Admissibility of Market Quotations
Status: in_force

Whenever the prevailing price or value of any goods regularly

bought and sold in any established commodity market is in issue,

reports in official publications or trade journals or in newspapers

or periodicals of general circulation published as the reports of

such market shall be admissible in evidence. The circumstances of

the preparation of such a report, may be shown to affect its weight

but not its admissibility.
Okla. Stat. tit. 12, § 12-1289 — OK Code / Title 12 / Section 12-1289
Renumbered as § 134 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-1276 — OK Code / Title 12 / Section 12-1276
Renumbered as § 110 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.

Oklahoma Statutes - Title 12. Civil Procedure Page 269
Okla. Stat. tit. 12A, § 12A-4-206 — OK Code / Title 12A / Section 12A-4-206
Transfer Between Banks
Status: in_force

TRANSFER BETWEEN BANKS

Any agreed method that identifies the transferor bank is

sufficient for the item's further transfer to another bank.
Okla. Stat. tit. 12A, § 12A-2-707 — OK Code / Title 12A / Section 12A-2-707
"Person in the Position of a Seller"
Status: in_force

(1) A "person in the position of a seller" includes as against a

principal an agent who has paid or become responsible for the price

of goods on behalf of his principal or anyone who otherwise holds a

security interest or other right in goods similar to that of a

seller.

(2) A person in the position of a seller may as provided in this

article withhold or stop delivery (Section 2-705) and resell

(Section 2-706) and recover incidental damages (Section 2-710).
Okla. Stat. tit. 12, § 12-590 — OK Code / Title 12 / Section 12-590
Jury must assess amount of recovery
Status: in_force

When, by the verdict either party is entitled to recover money

of the adverse party the jury, in their verdict, must assess the

amount of recovery.

R.L. 1910, § 5015.
Okla. Stat. tit. 12, § 12-815 — OK Code / Title 12 / Section 12-815
Return by sheriff of other county - Proof of timely
Status: in_force

mailing of return.

When execution shall be issued in any county in this state and

directed to the sheriff of another county, it shall be lawful for

such sheriff having the execution, after having discharged all the

duties required of him by law, to inclose such execution, by mail,

to the clerk of the court who issued the same. On proof being made

by such sheriff that the execution was mailed soon enough to have

reached the office where it was issued within the time prescribed by

law, the sheriff shall not be liable for any penalty or damages if

it does not reach the office in due time.

R.L. 1910, § 5184. Amended by Laws 1990, c. 185, § 4, eff. Sept. 1,

1990.
Okla. Stat. tit. 12, § 12-774 — OK Code / Title 12 / Section 12-774
Reversal of judgment after sale of land
Status: in_force

If any judgment or judgments, in satisfaction of which any lands

or tenements are sold, shall at any time thereafter be reversed,

Oklahoma Statutes - Title 12. Civil Procedure Page 157

such reversal shall not defeat or affect the title of the purchaser

or purchasers; but in such cases, restitution shall be made, by the

judgment creditors, of the money, for which such lands or tenements

were sold, with lawful interest from the day of sale.

R.L. 1910, § 5176.
Okla. Stat. tit. 12A, § 12A-3-410 — OK Code / Title 12A / Section 12A-3-410
Acceptance Varying Draft
Status: in_force

ACCEPTANCE VARYING DRAFT

(a) If the terms of a drawee's acceptance vary from the terms

of the draft as presented, the holder may refuse the acceptance and

treat the draft as dishonored. In that case, the drawee may cancel

the acceptance.

(b) The terms of a draft are not varied by an acceptance to pay

at a particular bank or place in the United States, unless the

acceptance states that the draft is to be paid only at that bank or

place.

(c) If the holder assents to an acceptance varying the terms of

a draft, the obligation of each drawer and indorser that does not

expressly assent to the acceptance is discharged.
Okla. Stat. tit. 12, § 12-2003.1 — OK Code / Title 12 / Section 12-2003.1
Commencement of actions by inmates
Status: in_force

OMMENCEMENT OF ACTIONS BY INMATES

A. Petitions, motions, or other pleadings filed by an inmate as

defined in paragraph 2 of subsection B of Section 566 of Title 57 of

the Oklahoma Statutes appearing pro se shall be on forms approved by

the district court and supplied without charge by the clerk of the

district court upon request.

Oklahoma Statutes - Title 12. Civil Procedure Page 371

B. The following information shall be supplied by an inmate who

is seeking relief in a civil action:

1. Plaintiff’s full name;

2. Place of plaintiff’s residence;

3. Name(s) of defendant(s);

4. Place(s) of defendant(s) employment;

5. Title and position of (each) defendant;

6. Whether the defendant(s) was (were) acting under color of

state law at the time the claim alleged in the complaint arose;

7. Brief statement of the facts;

8. Grounds upon which plaintiff bases allegations that

constitutional rights, privileges, or immunities have been violated,

together with the facts which support each of these grounds;

9. A statement of prior judicial and administrative relief

sought, copies of which shall be attached to the petition;

10. A statement of the relief requested; and

11. A complete list, supported by affidavit under penalty of

perjury, of all lawsuits filed by the inmate as an inmate in the

previous ten (10) years in state and federal courts and the

disposition of each case.

C. In all cases in which the petitioner, movant, or plaintiff

is an inmate of a penal institution and desires to proceed in forma

pauperis, the proof of poverty required by the Oklahoma Statutes

shall be submitted.

D. If the court determines that the filing is a noncomplying

petition, motion, or other pleading filed by an inmate in a penal

institution appearing pro se, the action may not proceed, and it

shall be returned together with a copy of this statute and a

statement of the reason or reasons for its return. If the court

determines that the inmate-plaintiff knowingly and willfully failed

to comply with all the requirements of this section, the court may

dismiss the case with prejudice.

E. If the defendant claims either qualified or absolute

immunity in its answer, the court may order the plaintiff to file a

detailed reply to the answer pursuant to subsection A of Section

2007 of this title.

F. The Administrative Office of the Courts shall adopt forms to

be used by inmates of penal institutions appearing pro se pursuant

to this section.
Okla. Stat. tit. 12, § 12-137 — OK Code / Title 12 / Section 12-137
Actions against foreign corporations and nonresidents
Status: in_force

In addition to the other counties in which an action may be

brought against a nonresident of this state, or a foreign

corporation, such action may be brought in any county in which there

may be property of or debts owing to such defendant, or where such

defendant may be found, or in any county where a codefendant may

properly be sued; if such defendant be a foreign insurance company

the action may be brought in any county where such cause of action,

or any part thereof, arose, or where the plaintiff resides or where

such company has an agent.

R.L. 1910, § 4677. Amended by Laws 1975, c. 125, § 1, emerg. eff.

May 13, 1975.
Okla. Stat. tit. 12, § 12-1118 — OK Code / Title 12 / Section 12-1118
Powers of judges at chambers
Status: in_force

Judges of the district, superior and county courts shall within

their respective districts and counties be authorized to hear and

determine at chambers, motions to dissolve attachments and

injunctions, and generally to exercise such supervisory control of

the other officers and processes of their courts as to prevent

abuses or oppression thereby or thereof.

R.L. 1910, § 5318.
Okla. Stat. tit. 12, § 12-1435 — OK Code / Title 12 / Section 12-1435
Evidence to consider by court – Limited discovery
Status: in_force

A. In determining whether a legal action shall be dismissed

under the Oklahoma Citizens Participation Act, the court shall

consider the pleadings and supporting and opposing affidavits

stating the facts on which the liability or defense is based.

B. On a motion by a party or on the court's own motion and on a

showing of good cause, the court may allow specified and limited

discovery relevant to the motion to dismiss.
Okla. Stat. tit. 12, § 12-586 — OK Code / Title 12 / Section 12-586
Requisites of verdicts - Reading and inquiry by clerk -
Status: in_force

Correction of defects in form.

The verdict shall be written, signed by the foreman and read by

the clerk to the jury, and the inquiry made whether it is their

verdict. If any juror disagrees, the jury must be sent out again;

but if no disagreement be expressed, and neither party requires the

jury to be polled, the verdict is complete and the jury discharged

from the case. If, however, the verdict be defective in form only,

the same may, with the assent of the jury, before they are

discharged, be corrected by the court.

R.L. 1910, § 5011.
Okla. Stat. tit. 12A, § 12A-11-103 — OK Code / Title 12A / Section 12A-11-103
Transition Provision on Change of Requirement of
Status: in_force

Filing.

Transition Provision on Change of Requirement of Filing. - A

security interest for the perfection of which filing or the taking

of possession was required under the U.C.C. prior to this act and

which attached prior to the effective date of this act but was not

perfected shall be deemed perfected on the effective date of this

act if this act permits perfection without filing or authorizes

filing in the office or offices where a prior ineffective filing was

made.
Okla. Stat. tit. 12, § 12-3303 — OK Code / Title 12 / Section 12-3303
Applicability
Status: in_force

APPLICABILITY.

This act applies to a collaborative law participation agreement

that meets the requirements of Section 4 of this act signed on or

after the effective date of this act.
Okla. Stat. tit. 12A, § 12A-1-9-603 — OK Code / Title 12A / Section 12A-1-9-603
Agreement on standards concerning rights and duties
Status: in_force

AGREEMENT ON STANDARDS CONCERNING RIGHTS AND DUTIES

(a) The parties may determine by agreement the standards

measuring the fulfillment of the rights of a debtor or obligor and

the duties of a secured party under a rule stated in Section 1-9-602

of this title if the standards are not manifestly unreasonable.

(b) Subsection (a) of this section does not apply to the duty

under Section 1-9-609 of this title to refrain from breaching the

peace.
Okla. Stat. tit. 12, § 12-1156 — OK Code / Title 12 / Section 12-1156
Returnable, when
Status: in_force

The return day of the order of attachment when issued at the

commencement of the action, shall be the same as that of the

summons. When issued afterwards, it shall be twenty (20) days after

it is issued.

R.L. 1910, § 4817.
Okla. Stat. tit. 12, § 12-1153 — OK Code / Title 12 / Section 12-1153
Attachment bonds
Status: in_force

The order of attachment shall not be issued until an undertaking

on the part of the plaintiff has been executed by one or more

sufficient sureties, approved by the clerk and filed in his office,

in a sum not less than double the amount of the plaintiff's claim,

to the effect that the plaintiff shall pay to the defendant all

damages that he may sustain by reason of the attachment, including

reasonable attorney's fees, if the order be wrongfully obtained; but

no undertaking shall be required where the State of Oklahoma is the

party plaintiff.

R.L. 1910, § 4814. Amended by Laws 1923, c. 73, p. 140, § 1; Laws

1976, c. 87, § 2, emerg. eff. May 4, 1976.
Okla. Stat. tit. 12, § 12-1835 — OK Code / Title 12 / Section 12-1835
Disclosure regarding the mediator
Status: in_force

Any program for mediation under the Choice in Mediation Act

shall make provision for disclosure to the parties of the

background, qualifications, experience, and actual or potential

conflicts of interest of the mediator, sufficient to permit the

parties to participate in the choice of a mediator for their dispute

and to determine that the mediator selected is qualified and

neutral.
Okla. Stat. tit. 12, § 12-2806 — OK Code / Title 12 / Section 12-2806
Attacking and supporting credibility of declarant
Status: in_force

When a hearsay statement, or a statement defined in subparagraph

b, c, d or e of paragraph 2 of subsection B of Section 2801 of this

title, has been admitted in evidence, the credibility of the

declarant may be attacked and, if attacked, may be supported by any

evidence which would be admissible for those purposes if declarant

had testified as a witness. Evidence of a statement or conduct by

the declarant at any time, inconsistent with the declarant’s hearsay

statement, is not subject to any requirement that the declarant may

have been afforded an opportunity to deny or explain. If the party

against whom a hearsay statement has been admitted calls the

declarant as a witness, the party is entitled to examine the

declarant on the statement as if under cross-examination.
Okla. Stat. tit. 12, § 12-150 — OK Code / Title 12 / Section 12-150
Medical liability actions - Summons
Status: in_force

In any medical liability action, a summons shall be served on

the defendant, or defendants, within one hundred eighty (180) days

of the filing of the lawsuit or the case shall be deemed dismissed

without prejudice.
Okla. Stat. tit. 12A, § 12A-15-118 — OK Code / Title 12A / Section 12A-15-118
Acceptance and distribution of electronic records by
Status: in_force

governmental agencies.

ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY

GOVERNMENTAL AGENCIES

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

12 of this act, each governmental agency of this state shall

determine whether, and the extent to which, it will send and accept

electronic records and electronic signatures to and from other

persons and otherwise create, generate, communicate, store, process,

use, and rely upon electronic records and electronic signatures.

(b) To the extent that a governmental agency uses electronic

records and electronic signatures under subsection (a) of this

section, the governmental agency, giving due consideration to

security, may specify:

(1) the manner and format in which the electronic records must

be created, generated, sent, communicated, received, and stored and

the systems established for those purposes;

(2) if electronic records must be signed by electronic means,

the type of electronic signature required, the manner and format in

which the electronic signature must be affixed to the electronic

record, and the identity of, or criteria that must be met by, any

third party used by a person filing a document to facilitate the

process;

(3) control processes and procedures as appropriate to ensure

adequate preservation, disposition, integrity, security,

confidentiality, and auditability of electronic records; and

(4) any other required attributes for electronic records which

are specified for corresponding nonelectronic records or reasonably

necessary under the circumstances.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 481

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

12 of this act, this act does not require a governmental agency of

this state to use or permit the use of electronic records or

electronic signatures.
Okla. Stat. tit. 12A, § 12A-4A-201 — OK Code / Title 12A / Section 12A-4A-201
Security procedure
Status: in_force

SECURITY PROCEDURE

"Security procedure" means a procedure established by agreement

of a customer and a receiving bank for the purpose of (i) verifying

that a payment order or communication amending or canceling a

payment order is that of the customer, or (ii) detecting error in

the transmission or the content of the payment order or

communication. A security procedure may impose an obligation on the

receiving bank or the customer and may require the use of algorithms

or other codes, identifying words, numbers, symbols, sounds,

biometrics, encryption, callback procedures, or similar security

devices. Comparisons of a signature on a payment order or

communication with an authorized specimen signature of the customer

or requiring a payment order to be sent from a known email address,

IP address, or telephone number is not by itself a security

procedure.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 358
Okla. Stat. tit. 12, § 12-718.5 — OK Code / Title 12 / Section 12-718.5
Personal jurisdiction
Status: in_force

A. A foreign-country judgment may not be refused recognition

for lack of personal jurisdiction if:

1. The defendant was served with process personally in the

foreign country;

Oklahoma Statutes - Title 12. Civil Procedure Page 126

2. The defendant voluntarily appeared in the proceeding, other

than for the purpose of protecting property seized or threatened

with seizure in the proceeding or of contesting the jurisdiction of

the court over the defendant;

3. The defendant, before the commencement of the proceeding,

had agreed to submit to the jurisdiction of the foreign court with

respect to the subject matter involved;

4. The defendant was domiciled in the foreign country when the

proceeding was instituted or was a corporation or other form of

business organization that had its principal place of business in,

or was organized under the laws of, the foreign country;

5. The defendant had a business office in the foreign country

and the proceeding in the foreign court involved a cause of action

arising out of business done by the defendant through that office in

the foreign country; or

6. The defendant operated a motor vehicle or airplane in the

foreign country and the proceeding involved a cause of action

arising out of that operation.

B. The list of bases for personal jurisdiction in subsection A

of this section is not exclusive. The courts of this state may

recognize bases of personal jurisdiction other than those listed in

subsection A of this section as sufficient to support a foreign-

country judgment.
Okla. Stat. tit. 12, § 12-929 — OK Code / Title 12 / Section 12-929
Costs to successful defendant as matter of course
Status: in_force

Costs shall be allowed of course to any defendant, upon a

judgment in his favor in the actions mentioned in the last section.

R.L. 1910, § 5230.
Okla. Stat. tit. 12, § 12-2413 — OK Code / Title 12 / Section 12-2413
Sexual assault offense - Commission of other offenses
Status: in_force

admissible - Definition.

A. In a criminal case in which the defendant is accused of an

offense of sexual assault, evidence of the defendant's commission of

another offense or offenses of sexual assault is admissible, and may

be considered for its bearing on any matter to which it is relevant.

B. In a case in which the state intends to offer evidence under

this rule, the attorney for the state shall disclose the evidence to

the defendant, including statements of witnesses or a summary of the

substance of any testimony that is expected to be offered, at least

fifteen (15) days before the scheduled date of trial or at such

later time as the court may allow for good cause.

C. This rule shall not be construed to limit the admission or

consideration of evidence under any other rule.

D. For purposes of this rule, "offense of sexual assault" means

a crime under federal law or the laws of this state that involve:

Oklahoma Statutes - Title 12. Civil Procedure Page 450

1. Any conduct proscribed by Sections 1111 through 1125 of

Title 21 of the Oklahoma Statutes;

2. Contact, without consent, between any part of the

defendant's body or an object and the genitals or anus of another

person;

3. Contact, without consent, between the genitals or anus of

the defendant and any part of another person's body;

4. Deriving sexual pleasure or gratification from the

infliction of death, bodily injury, emotional distress, or physical

pain on another person; or

5. An attempt or conspiracy to engage in conduct described in

paragraphs 1 through 4 of this subsection.
Okla. Stat. tit. 12, § 12-2025.1 — OK Code / Title 12 / Section 12-2025.1
Assignment by parent to child of right to recover for
Status: in_force

injury to child.

The parent or parents having the right to recover damages for an

injury to a minor child may assign to said child their right to

recover said damages, and where the parent or parents of a minor

child bring an action as guardian or guardian ad litem or next

friend on behalf of said child and ask for a judgment for him for

damages to which said parent or parents are entitled, said parent or

parents will be deemed to have assigned to the minor child their

right to recover such damages. Any damages recovered pursuant to

this section shall be disposed of in the same manner as provided by

Section 83 of Title 12 of the Oklahoma Statutes.

Oklahoma Statutes - Title 12. Civil Procedure Page 429
Okla. Stat. tit. 12, § 12-1582 — OK Code / Title 12 / Section 12-1582
Officer may break into buildings
Status: in_force

The sheriff or other officer, in the execution of the order of

delivery, may break open any building or inclosure in which the

property claimed, or any part thereof, is concealed, but not until

he has been refused an entrance into said building or inclosure and

the delivery of the property, after having demanded the same.

R.L. 1910, § 4809.
Okla. Stat. tit. 12, § 12-861 — OK Code / Title 12 / Section 12-861
Fees allowed taxed as costs
Status: in_force

The judge shall allow to clerks, sheriffs, referees, receivers

and witnesses such compensation as is allowed for like services in

other cases, to be taxed as costs in the case, and shall enforce, by

order, the collection thereof, from such party or parties as ought

to pay the same.

R.L. 1910, § 5209.
Okla. Stat. tit. 12A, § 12A-2-107 — OK Code / Title 12A / Section 12A-2-107
Goods to be Severed from Realty: Recording
Status: in_force

Goods to be Severed from Realty: Recording. - (1) A contract for

the sale of minerals or the like, including oil and gas, or a

structure or its materials to be removed from realty is a contract

for the sale of goods within this article if they are to be severed

by the seller, but until severance, a purported present sale thereof

which is not effective as a transfer of an interest in land is

effective only as a contract to sell.

(2) A contract for the sale, apart from the land of growing crops

or other things attached to realty and capable of severance without

material harm thereto, but not described in subsection (1) of this

section or of timber to be cut is a contract for the sale of goods

within this article whether the subject matter is to be severed by

the buyer or by the seller even though it forms part of the realty

at the time of contracting, and the parties can by identification

effect a present sale before severance.

(3) The provisions of this section are subject to any third party

rights provided by the law relating to realty records, and the

contract for sale may be executed and recorded as a document

transferring an interest in land and shall then constitute notice to

third parties of the buyer's rights under the contract for sale.
Okla. Stat. tit. 12, § 12-1600.18 — OK Code / Title 12 / Section 12-1600.18
Renumbered as § 318 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12, § 12-1437 — OK Code / Title 12 / Section 12-1437
Failure to rule on motion – Expedited appeals
Status: in_force

A. If a court does not rule on a motion to dismiss filed

pursuant to Section 3 of the Oklahoma Citizens Participation Act in

the time prescribed by Section 5 of the act, the motion shall be

considered denied by operation of law and the moving party may

appeal.

B. An appellate court shall expedite an appeal or other writ,

whether interlocutory or not, from a trial court order on a motion

to dismiss a legal action filed pursuant to Section 3 of this act or

from a trial court's failure to rule on that motion in the time

prescribed by Section 5 of this act.
Okla. Stat. tit. 12, § 12-3254 — OK Code / Title 12 / Section 12-3254
Application of Section 2004.1
Status: in_force

Subsection D of Section 2004.1 of Title 12 of the Oklahoma

Statutes shall apply to subpoenas issued under Section 3 of this

act.
Okla. Stat. tit. 12A, § 12A-8-201 — OK Code / Title 12A / Section 12A-8-201
"Issuer"
Status: in_force

"Issuer".

(a) With respect to an obligation on or a defense to a

security, an "issuer" includes a person that:

(1) places or authorizes the placing of its name on a

security certificate, other than as authenticating

trustee, registrar, transfer agent, or the like, to

evidence a share, participation, or other interest in

its property or in an enterprise, or to evidence its

duty to perform an obligation represented by the

certificate;

(2) creates a share, participation, or other interest in

its property or in an enterprise, or undertakes an

obligation, that is an uncertificated security;

(3) directly or indirectly creates a fractional interest

in its rights or property, if the fractional interest

is represented by a security certificate; or

(4) becomes responsible for, or in place of , another

person described as an issuer in this section.

(b) With respect to an obligation on or defense to a security,

a guarantor is an issuer to the extent of its guaranty, whether or

not its obligation is noted on a security certificate.

(c) With respect to a registration of a transfer, issuer means

a person on whose behalf transfer books are maintained.
Okla. Stat. tit. 12A, § 12A-4A-212 — OK Code / Title 12A / Section 12A-4A-212
Liability and duty of receiving bank regarding
Status: in_force

unaccepted payment.

LIABILITY AND DUTY OF RECEIVING BANK REGARDING UNACCEPTED

PAYMENT ORDER

If a receiving bank fails to accept a payment order that it is

obliged by express agreement to accept, the bank is liable for

breach of the agreement to the extent provided in the agreement or

in this Article, but does not otherwise have any duty to accept a

payment order or, before acceptance, to take any action, or refrain

from taking action, with respect to the order except as provided in

this Article or by express agreement. Liability based on acceptance

arises only when acceptance occurs as stated in Section 17 of this

act, and liability is limited to that provided in this Article. A

receiving bank is not the agent of the sender or beneficiary of the

payment order it accepts, or of any other party to the funds

transfer, and the bank owes no duty to any party to the funds

transfer except as provided in this Article or by express agreement.
Okla. Stat. tit. 12A, § 12A-1-9-328 — OK Code / Title 12A / Section 12A-1-9-328
Priority of security interests in investment
Status: in_force

property.

PRIORITY OF SECURITY INTERESTS IN INVESTMENT PROPERTY

The following rules govern priority among conflicting security

interests in the same investment property:

(1) A security interest held by a secured party having control

of investment property under Section 1-9-106 of this title has

priority over a security interest held by a secured party that does

not have control of the investment property.

(2) Except as otherwise provided in paragraphs (3) and (4) of

this section, conflicting security interests held by secured parties

each of which has control under Section 1-9-106 of this title rank

according to priority in time of:

(A) if the collateral is a security, obtaining control;

(B) if the collateral is a security entitlement carried in

a securities account and:

(i) if the secured party obtained control under

paragraph (1) of subsection (d) of Section 8-106

of this title, the secured party’s becoming the

person for which the securities account is

maintained;

(ii) if the secured party obtained control under

paragraph (2) of subsection (d) of Section 8-106

of this title, the securities intermediary’s

agreement to comply with the secured party’s

entitlement orders with respect to security

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 88

entitlements carried or to be carried in the

securities account; or

(iii) if the secured party 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

paragraph if the other person were the secured

party; or

(C) if the collateral is a commodity contract carried with

a commodity intermediary, the satisfaction of the

requirement for control specified in paragraph (2) of

subsection (b) of Section 1-9-106 of this title with

respect to commodity contracts carried or to be

carried with the commodity intermediary.

(3) A security interest held by a securities intermediary in a

security entitlement or a securities account maintained with the

securities intermediary has priority over a conflicting security

interest held by another secured party.

(4) A security interest held by a commodity intermediary in a

commodity contract or a commodity account maintained with the

commodity intermediary has priority over a conflicting security

interest held by another secured party.

(5) A security interest in a certificated security in

registered form which is perfected by taking delivery under

subsection (a) of Section 1-9-313 of this title and not by control

under Section 1-9-314 of this title has priority over a conflicting

security interest perfected by a method other than control.

(6) Conflicting security interests created by a broker,

securities intermediary, or commodity intermediary which are

perfected without control under Section 1-9-106 of this title rank

equally.

(7) In all other cases, priority among conflicting security

interests in investment property is governed by Sections 1-9-322 and

1-9-323 of this title.
Okla. Stat. tit. 12, § 12-304 — OK Code / Title 12 / Section 12-304
Truth as defense in libel or slander - Mitigation
Status: in_force

In the actions mentioned in the last section, the defendant may

allege the truth of the matter charged as defamatory, and may prove

the same, and any mitigating circumstances, to reduce the amount of

damages, or he may prove either.

R.L. 1910, § 4777.
Okla. Stat. tit. 12, § 12-1486 — OK Code / Title 12 / Section 12-1486
Election to receive value without improvements - Neglect
Status: in_force

or refusal to pay.

If the successful claimant, his heirs, or the guardians of said

heirs they being minors, shall elect to receive the value without

improvements assessed as aforesaid, to be paid by the occupying

claimant within such reasonable time as the court may allow, and

shall tender a general warranty deed of the land in question,

conveying such adverse or better title within said time allowed by

the court for the payment of the money in this section mentioned,

and the occupying claimant shall refuse or neglect to pay said money

to the successful claimant, his heirs or their guardians, within the

Oklahoma Statutes - Title 12. Civil Procedure Page 302

time limited as aforesaid, then a writ of possession shall be issued

in favor of said successful claimant, his heirs or their guardians.

R.L. 1910, § 4938.
Okla. Stat. tit. 12, § 12-2508 — OK Code / Title 12 / Section 12-2508
Trade secrets
Status: in_force

A person has a privilege, which may be claimed by the person,

the person’s agent or employee, to refuse to disclose and to prevent

other persons from disclosing a trade secret owned by the person, if

the allowance of the privilege will not tend to conceal fraud or

otherwise work injustice. If disclosure is directed, the court

shall take such protective measures as the interest of the holder of

the privilege, of the parties and of justice require.
Okla. Stat. tit. 12, § 12-1148.5A — OK Code / Title 12 / Section 12-1148.5A
Constructive service of summons
Status: in_force

If, in the exercise of reasonable diligence, service cannot be

made upon the defendant personally nor upon any person residing upon

the premises over fifteen (15) years of age, then in lieu of service

by certified mail, service may be obtained for the sole purpose of

adjudicating the right to restitution of the premises by the

sheriff's posting or by private process service posting of said

summons conspicuously on the building on the premises, and, if there

be no building on said premises, then by posting the same at some

conspicuous place on the premises sought to be recovered at least

five (5) days prior to the date of trial, and by the claimant's

mailing a copy of said summons to the last-known address of the

defendant by certified mail at least five (5) days prior to said

Oklahoma Statutes - Title 12. Civil Procedure Page 225

date of trial. Such service shall confer no jurisdiction upon the

court to render any judgment against the defendant for the payment

of money nor for any relief other than the restoration of possession

of the premises to the claimant, unless the defendant appears at

trial. If the court only renders a judgment for restoration of

possession of the premises, the claimant shall not be precluded from

pursuing a subsequent action for the payment of rent. A judgment

for forcible entry and detainer shall not preclude the property

owner from pursuing a subsequent action for other monetary relief.

Such service shall not be rendered ineffectual by the failure of the

defendant to actually see or receive such posted process nor by the

failure of the defendant to actually receive or sign a return

receipt for such mailed process.
Okla. Stat. tit. 12, § 12-1858 — OK Code / Title 12 / Section 12-1858
Court order of arbitration
Status: in_force

A. On application and motion of a person showing an agreement

to arbitrate and alleging another person’s refusal to arbitrate

pursuant to the agreement:

1. If the refusing party does not appear or does not oppose the

motion, the court shall order the parties to arbitrate; and

2. If the refusing party opposes the motion, the court shall

proceed summarily to decide the issue and order the parties to

arbitrate unless it finds that there is no enforceable agreement to

arbitrate. The court may also tax costs against the party opposing

the motion if the court concludes the opposition was not brought in

good faith.

B. On motion of a person alleging that an arbitration

proceeding has been initiated or threatened but that there is no

agreement to arbitrate, the court shall proceed summarily to decide

the issue. If the court finds that there is an enforceable

agreement to arbitrate, it shall order the parties to arbitrate.

The court may also tax costs against the party opposing the motion

if the court concludes the opposition was not brought in good faith.

C. If the court finds that there is no enforceable agreement,

it may not, pursuant to subsection A or B of this section, order the

parties to arbitrate.

D. The court shall not refuse to order arbitration because the

claim subject to arbitration lacks merit or grounds for the claim

have not been established.

E. If a proceeding involving a claim referable to arbitration

under an alleged agreement to arbitrate is pending in court, a

motion under this section must be made in that court. Otherwise, a

Oklahoma Statutes - Title 12. Civil Procedure Page 359

motion under this section may be made in any court as provided in

Section 28 of this act.

F. If a party makes a motion to the court to order arbitration,

the court on just terms shall stay any judicial proceeding that

involves a claim alleged to be subject to the arbitration until the

court renders a final decision under this section.

G. If the court orders arbitration, the court on just terms

shall stay any judicial proceeding that involves a claim subject to

the arbitration. If a claim subject to the arbitration is

severable, the court may limit the stay to that claim.
Okla. Stat. tit. 12A, § 12A-9-307.5 — OK Code / Title 12A / Section 12A-9-307.5
Renumbered as § 1-9-320.5 of this title by Laws 2000,
Status: in_force

c. 371, § 183, eff. July 1, 2001.
Okla. Stat. tit. 12A, § 12A-1-9-611 — OK Code / Title 12A / Section 12A-1-9-611
Notification before disposition of collateral
Status: in_force

NOTIFICATION BEFORE DISPOSITION OF COLLATERAL

(a) In this section, "notification date" means the earlier of

the date on which:

(1) a secured party sends to the debtor and any secondary

obligor a signed notification of disposition; or

(2) the debtor and any secondary obligor waive the right to

notification.

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

section, a secured party that disposes of collateral under Section

1-9-610 of this title shall send to the persons specified in

subsection (c) of this section a reasonable signed notification of

disposition.

(c) To comply with subsection (b) of this section, the secured

party shall send a signed notification of disposition to:

(1) the debtor;

(2) any secondary obligor; and

(3) if the collateral is other than consumer goods:

(A) any other person from which the secured party has

received, before the notification date, a signed

notification of a claim of an interest in the

collateral;

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

days before the notification date, held a security

interest in or other lien on the collateral perfected

by the filing of a financing statement that:

(i) identified the collateral;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 143

(ii) was indexed under the debtor's name as of that

date; and

(iii) was filed in the office in which to file a

financing statement against the debtor covering

the collateral as of that date; and

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

notification date, held a security interest in the

collateral perfected by compliance with a statute,

regulation, or treaty described in subsection (a) of

Section 1-9-311 of this title.

(d) Subsection (b) of this section does not apply if the

collateral is perishable or threatens to decline speedily in value

or is of a type customarily sold on a recognized market.

(e) A secured party complies with the requirement for

notification prescribed by subparagraph (B) of paragraph (3) of

subsection (c) of this section if:

(1) not later than twenty (20) days or earlier than thirty (30)

days before the notification date, the secured party requests, in a

commercially reasonable manner, information concerning financing

statements indexed under the debtor's name in the office indicated

in subparagraph (B) of paragraph (3) of subsection (c) of this

section; and

(2) before the notification date, the secured party:

(A) did not receive a response to the request for

information; or

(B) received a response to the request for information and

sent a signed notification of disposition to each

secured party or other lienholder named in that

response whose financing statement covered the

collateral.
Okla. Stat. tit. 12, § 12-2805 — OK Code / Title 12 / Section 12-2805
Hearsay within hearsay
Status: in_force

Hearsay included within hearsay is not excluded under the

hearsay rule if each part of the combined statements conforms with

an exception to the hearsay rule provided in this Code.
Okla. Stat. tit. 12A, § 12A-7-501 — OK Code / Title 12A / Section 12A-7-501
Form of negotiation and requirements of due
Status: in_force

negotiation.

Form of Negotiation and Requirements of Due Negotiation.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 414

(a) The following rules apply to a negotiable tangible document

of title:

(1) If the document’s original terms run to the order of a

named person, the document is negotiated by the named person’s

endorsement and delivery. After the named person’s endorsement in

blank or to bearer, any person may negotiate the document by

delivery alone.

(2) If the document’s original terms run to bearer, it is

negotiated by delivery alone.

(3) If the document’s original terms run to the order of a

named person and it is delivered to the named person, the effect is

the same as if the document had been negotiated.

(4) Negotiation of the document after it has been endorsed to a

named person requires endorsement by the named person and delivery.

(5) A document is duly negotiated if it is negotiated in the

manner stated in this subsection to a holder that purchases it in

good faith, without notice of any defense against or claim to it on

the part of any person, and for value, unless it is established that

the negotiation is not in the regular course of business or

financing or involves receiving the document in settlement or

payment of a money obligation.

(b) The following rules apply to a negotiable electronic

document of title:

(1) If the document’s original terms run to the order of a

named person or to bearer, the document is negotiated by delivery of

the document to another person. Endorsement by the named person is

not required to negotiate the document.

(2) If the document’s original terms run to the order of a

named person and the named person has control of the document, the

effect is the same as if the document had been negotiated.

(3) A document is duly negotiated if it is negotiated in the

manner stated in this subsection to a holder that purchases it in

good faith, without notice of any defense against or claim to it on

the part of any person, and for value, unless it is established that

the negotiation is not in the regular course of business or

financing or involves taking delivery of the document in settlement

or payment of a monetary obligation.

(c) Endorsement of a nonnegotiable document of title neither

makes it negotiable nor adds to the transferee's rights.

(d) The naming in a negotiable bill of lading of a person to be

notified of the arrival of the goods does not limit the

negotiability of the bill nor constitute notice to a purchaser of

the bill of any interest of that person in the goods.
Okla. Stat. tit. 12, § 12-759 — OK Code / Title 12 / Section 12-759
Filing and index of execution - Appraisement of property -
Status: in_force

Extension of judgment lien.

A. When a general execution is issued and placed in the custody

of a sheriff for levy, a certified copy of the execution shall be

filed in the office of the county clerk of the county whose sheriff

holds the execution and shall be indexed in the same manner as

judgments. At the time the execution is filed, the court clerk

shall collect from the party seeking a general execution all fees

Oklahoma Statutes - Title 12. Civil Procedure Page 150

necessary for the payment of the disinterested persons or a legal

entity for services in appraising the subject property pursuant to

the requirements of subsection B of this section.

B. If a general or special execution is levied upon lands and

tenements, the sheriff shall endorse on the face of the writ the

legal description and shall have three disinterested persons who

have taken an oath to impartially appraise the property levied on or

a legal entity which has provided a written affidavit of

impartiality, upon actual view; and the disinterested persons or

legal entity shall return to the officer a signed estimate of the

real value of the property. If an estimate is obtained from a

disinterested legal entity, such estimate shall be developed by the

legal entity using at least three independent, credible sources,

each of which has estimated the real value of the subject property

independently. The disinterested persons or legal entity shall be

paid for such services by the court clerk of the county where the

property is located within thirty (30) days of the date that they

return their estimate of the real value of the property.

C. To extend a judgment lien beyond the initial or any

subsequent statutory period, prior to the expiration of such period,

a certified copy of one of the following must be filed and indexed

in the same manner as judgments in the office of the county clerk in

the county in which the statement of judgment was filed and the lien

thereof is sought to be retained:

1. A general execution upon the judgment;

2. A notice of renewal of judgment;

3. A garnishment summons issued against the judgment debtor; or

4. A notice of income assignment sent to a payor of the

judgment debtor.
Okla. Stat. tit. 12, § 12-1287 — OK Code / Title 12 / Section 12-1287
Renumbered as § 132 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-1278 — OK Code / Title 12 / Section 12-1278
Renumbered as § 121 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-96 — OK Code / Title 12 / Section 12-96
Persons under disability in actions other than to recover
Status: in_force

realty - Exceptions - Personal injury to minor arising from medical

malpractice.

If a person entitled to bring an action other than for the

recovery of real property, except for a penalty or forfeiture, be,

at the time the cause of action accrued, under any legal disability,

every such person shall be entitled to bring such action within one

(1) year after such disability shall be removed, except that, after

the effective date of this section, an action for personal injury to

a minor under the age of twelve (12) arising from medical

malpractice must be brought by the minor's parent or guardian within

seven (7) years of infliction of the injury, provided a minor twelve

(12) years of age and older must bring such action within one (1)

year after attaining majority, but in no event less than two (2)

years from the date of infliction of the injury, and an action for

personal injury arising from medical malpractice to a person

Oklahoma Statutes - Title 12. Civil Procedure Page 57

adjudged incompetent must be brought by the incompetent person's

guardian within seven (7) years of infliction of the injury,

provided an incompetent who has been adjudged competent must bring

such action within one (1) year after the adjudication of such

competency, but in no event less than two (2) years from the date of

infliction of the injury.

R.L. 1910, § 4658. Amended by Laws 1987, c. 78, § 1, eff. Nov. 1,

1987.
Okla. Stat. tit. 12, § 12-576 — OK Code / Title 12 / Section 12-576
Oath of jury
Status: in_force

The jury shall be sworn to well and truly try the matters

submitted to them in the case in hearing, and a true verdict give,

according to the law and the evidence.

R.L. 1910, § 5001.
Okla. Stat. tit. 12, § 12-2106 — OK Code / Title 12 / Section 12-2106
Limited admissibility
Status: in_force

When evidence which is admissible as to one party or for one

purpose but not admissible as to another party or for another

purpose is admitted, the court shall upon request restrict the

evidence to its proper scope and instruct the jury accordingly.
Okla. Stat. tit. 12A, § 12A-4A-208 — OK Code / Title 12A / Section 12A-4A-208
Misdescription of intermediary bank or beneficiary's
Status: in_force

bank.

MISDESCRIPTION OF INTERMEDIARY BANK OR BENEFICIARY'S BANK

(a) This subsection applies to a payment order identifying an

intermediary bank or the beneficiary's bank only by an identifying

number.

(1) The receiving bank may rely on the number as the proper

identification of the intermediary or beneficiary's bank and need

not determine whether the number identifies a bank.

(2) The sender is obliged to compensate the receiving bank for

any loss and expenses incurred by the receiving bank as a result of

its reliance on the number in executing or attempting to execute the

order.

(b) This subsection applies to a payment order identifying an

intermediary bank or the beneficiary's bank both by name and an

identifying number if the name and number identify different

persons.

(1) If the sender is a bank, the receiving bank may rely on the

number as the proper identification of the intermediary or

beneficiary's bank if the receiving bank, when it executes the

sender's order, does not know that the name and number identify

different persons. The receiving bank need not determine whether

the name and number refer to the same person or whether the number

refers to a bank. The sender is obliged to compensate the receiving

bank for any loss and expenses incurred by the receiving bank as a

result of its reliance on the number in executing or attempting to

execute the order.

(2) If the sender is not a bank and the receiving bank proves

that the sender, before the payment order was accepted, had notice

that the receiving bank might rely on the number as the proper

identification of the intermediary or beneficiary's bank even if it

identifies a person different from the bank identified by name, the

rights and obligations of the sender and the receiving bank are

governed by paragraph (1) of subsection (b) of this section, as

though the sender were a bank. Proof of notice may be made by any

admissible evidence. The receiving bank satisfies the burden of

proof if it proves that the sender, before the payment order was

accepted, signed a record stating the information to which the

notice relates.

(3) Regardless of whether the sender is a bank, the receiving

bank may rely on the name as the proper identification of the

intermediary or beneficiary's bank if the receiving bank, at the

time it executes the sender's order, does not know that the name and

number identify different persons. The receiving bank need not

determine whether the name and number refer to the same person.

(4) If the receiving bank knows that the name and number

identify different persons, reliance on either the name or the

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 364

number in executing the sender's payment order is a breach of the

obligation stated in paragraph (1) of subsection (a) of Section 22

of this act.
Okla. Stat. tit. 12, § 12-636 — OK Code / Title 12 / Section 12-636
Immaterial exception
Status: in_force

No exception shall be regarded, unless it is material and

prejudicial to the substantial rights of the party excepting.

R.L. 1910, § 5031.
Okla. Stat. tit. 12, § 12-557 — OK Code / Title 12 / Section 12-557
Certain issues of fact tried by court
Status: in_force

All other issues of fact shall be tried by the court, subject to

its power to order any issue or issues to be tried by jury, or

referred as provided in this Code.

R.L. 1910, § 4994.
Okla. Stat. tit. 12, § 12-1457 — OK Code / Title 12 / Section 12-1457
Answer
Status: in_force

On the return day of the alternative writ, or such further day

as the court may allow, the party on whom the writ shall have been

served may show cause, by answer made in the same manner as an

answer to a petition in a civil action.

R.L. 1910, § 4913.
Okla. Stat. tit. 12, § 12-1812 — OK Code / Title 12 / Section 12-1812
Director - Powers and duties
Status: in_force

A. The Director shall have such power as is necessary to

implement the provisions of this act.

B. The Director shall promulgate rules and regulations to

effectuate the purposes of this act, which shall include provisions

for periodic monitoring and evaluation of center programs.

C. The Director may have such additional personnel as is

necessary to implement the provisions of this act.
Okla. Stat. tit. 12, § 12-1276.2 — OK Code / Title 12 / Section 12-1276.2
Renumbered as § 111 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12A, § 12A-1-9-335 — OK Code / Title 12A / Section 12A-1-9-335
Accessions
Status: in_force

ACCESSIONS

(a) A security interest may be created in an accession and

continues in collateral that becomes an accession.

(b) If a security interest is perfected when the collateral

becomes an accession, the security interest remains perfected in the

collateral.

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

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

a security interest in an accession.

(d) A security interest in an accession is subordinate to a

security interest in the whole which is perfected by compliance with

the requirements of a certificate-of-title statute under subsection

(b) of Section 1-9-311 of this title.

(e) After default, subject to Part 6 of this article, a secured

party may remove an accession from other goods if the security

interest in the accession has priority over the claims of every

person having an interest in the whole.

(f) A secured party that removes an accession from other goods

under subsection (e) of this section shall promptly reimburse any

holder of a security interest or other lien on, or owner of, the

whole or of the other goods, other than the debtor, for the cost of

repair of any physical injury to the whole or the other goods. The

secured party need not reimburse the holder or owner for any

diminution in value of the whole or the other goods caused by the

absence of the accession removed or by any necessity for replacing

it. A person entitled to reimbursement may refuse permission to

remove until the secured party gives adequate assurance for the

performance of the obligation to reimburse.
Okla. Stat. tit. 12, § 12-651 — OK Code / Title 12 / Section 12-651
New trial - Definition - Causes for
Status: in_force

A new trial is a reexamination in the same court, of an issue of

fact or of law or both, after a verdict by a jury, the approval of

the report of a referee, or a decision by the court. The former

verdict, report, or decision shall be vacated, and a new trial

granted, on the application of the party aggrieved, for any of the

following causes, affecting materially the substantial rights of the

party:

Oklahoma Statutes - Title 12. Civil Procedure Page 103

1. Irregularity in the proceedings of the court, jury, referee,

or prevailing party, or any order of the court or referee, or abuse

of discretion, by which the party was prevented from having a fair

trial;

2. Misconduct of the jury or a prevailing party;

3. Accident or surprise, which ordinary prudence could not have

guarded against;

4. Excessive or inadequate damages, appearing to have been

given under the influence of passion or prejudice;

5. Error in the assessment of the amount of recovery, whether

too large or too small, where the action is upon a contract, or for

the injury or detention of property;

6. That the verdict, report, or decision is not sustained by

sufficient evidence, or is contrary to law;

7. Newly discovered evidence, material for the party applying,

which could not, with reasonable diligence, have been discovered and

produced at the trial;

8. Error of law occurring at the trial, and objected to by the

party making the application; or

9. When, without fault of the complaining party, it becomes

impossible to prepare a record for an appeal.

R.L. 1910, § 5033. Amended by Laws 1953, p. 53, § 1; Laws 1963, c.

239, § 1, emerg. eff. June 13, 1963; Laws 1999, c. 293, § 3, eff.

Nov. 1, 1999.
Okla. Stat. tit. 12A, § 12A-12-105 — OK Code / Title 12A / Section 12A-12-105
Control of controllable electronic record
Status: in_force

CONTROL OF CONTROLLABLE ELECTRONIC RECORD

(a) A person has control of a controllable electronic record if

the electronic record, a record attached to or logically associated

with the electronic record, or a system in which the electronic

record is recorded:

(1) gives the person:

(A) power to avail itself of substantially all the benefit

from the electronic record; and

(B) exclusive power, subject to subsection (b) of this

section, to:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 466

(i) prevent others from availing themselves of

substantially all the benefit from the electronic

record; and

(ii) transfer control of the electronic record to

another person or cause another person to obtain

control of another controllable electronic record

as a result of the transfer of the electronic

record; and

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

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

account number, as having the powers specified in paragraph (1) of

this subsection.

(b) Subject to subsection (c) of this section, a power is

exclusive under divisions (i) and (ii) of subparagraph (B) of

paragraph (1) of subsection (a) of this section even if:

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

logically associated with the electronic record, or a system in

which the electronic record is recorded limits the use of the

electronic record or has a protocol programmed to cause a change,

including a transfer or loss of control or a modification of

benefits afforded by the electronic record; or

(2) the power is shared with another person.

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

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

power is not exclusive if:

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

exercised by the other person; and

(2) the other person:

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

by the person; or

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

controllable electronic record or a controllable

account or controllable payment intangible evidenced

by the controllable electronic record.

(d) If a person has the powers specified in divisions (i) and

(ii) of subparagraph (B) of paragraph (1) of subsection (a) of this

section, the powers are presumed to be exclusive.

(e) A person has control of a controllable electronic record if

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

interest in the controllable electronic record or a controllable

account or controllable payment intangible evidenced by the

controllable electronic record:

(1) has control of the electronic record and acknowledges that

it has control on behalf of the person; or

(2) obtains control of the electronic record after having

acknowledged that it will obtain control of the electronic record on

behalf of the person.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 467

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

required to acknowledge that it has control on behalf of another

person.

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

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

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

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

is not required to confirm the acknowledgment to any other person.
Okla. Stat. tit. 12, § 12-1482 — OK Code / Title 12 / Section 12-1482
Tax title, sufficiency
Status: in_force

The title by which the successful claimant succeeds against the

occupying claimant, in all cases of lands sold for taxes, by virtue

of any of the laws of this state, shall be considered an adverse and

better title, under the provisions of this article, whether it be

the title under which the taxes were due, and for which said land

was sold, or any other title or claim whatever; and the occupying

claimant holding possession of land sold for taxes, as aforesaid,

having the deed of a collector of taxes or county clerk for such

sale for taxes, or a certificate of sale of said land from a

collector of taxes or a county treasurer, or shall claim under the

person or persons who hold such deed or certificate, or any other

title or claim whatever, shall be considered as having sufficient

title to said land to demand the value of improvements under the

provisions of this article.

R.L. 1910, § 4934.

Oklahoma Statutes - Title 12. Civil Procedure Page 300
Okla. Stat. tit. 12, § 12-1105 — OK Code / Title 12 / Section 12-1105
Judgment and reversal, submission without suit
Status: in_force

The judgment shall be with costs, may be enforced, and shall be

subject to reversal in the same manner as if it had been rendered in

an action unless otherwise provided in the submission.

R.L. 1910, § 5305.
Okla. Stat. tit. 12A, § 12A-8-508 — OK Code / Title 12A / Section 12A-8-508
Duty of Securities Intermediary to Change Entitlement
Status: in_force

Holder's Position to Other Forms of Security Holding.

Duty of Securities Intermediary to Change Entitlement Holder's

Position to Other Forms of Security Holding.

A securities intermediary shall act at the direction of an

entitlement holder to change a security entitlement into another

available form of holding for which the entitlement holder is

eligible, or to cause the financial asset to be transferred to a

securities account of the entitlement holder with another securities

intermediary. A securities intermediary satisfies the duty if:

(1) the securities intermediary acts as agreed upon by the

entitlement holder and the securities intermediary; or

(2) in the absence of agreement, the securities

intermediary exercises due care in accordance with

reasonable commercial standards to follow the

direction of the entitlement holder.
Okla. Stat. tit. 12, § 12-1452 — OK Code / Title 12 / Section 12-1452
Writ not issued where remedy at law - Information
Status: in_force

This writ may not be issued in any case where there is a plain

and adequate remedy in the ordinary course of the law. It may be

issued on the information of the party beneficially interested.

R.L. 1910, § 4908.
Okla. Stat. tit. 12, § 12-1600.15 — OK Code / Title 12 / Section 12-1600.15
Renumbered as § 315 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12A, § 12A-2A-517 — OK Code / Title 12A / Section 12A-2A-517
Revocation of Acceptance of Goods
Status: in_force

REVOCATION OF ACCEPTANCE OF GOODS

(1) A lessee may revoke acceptance of a lot or commercial unit

whose nonconformity substantially impairs its value to the lessee if

the lessee has accepted it:

(a) except in the case of a finance lease, on the

reasonable assumption that its nonconformity would be

cured and it has not been seasonably cured; or

(b) without discovery of the nonconformity if the lessee's

acceptance was reasonably induced either by the

lessor's assurances or, except in the case of a

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 270

finance lease, by the difficulty of discovery before

acceptance.

(2) Except in the case of a finance lease that is not a

consumer lease, a lessee may revoke acceptance of a lot or

commercial unit if the lessor defaults under the lease contract and

the default substantially impairs the value of that lot or

commercial unit to the lessee.

(3) If the lease agreement so provides, the lessee may revoke

acceptance of a lot or commercial unit because of other defaults by

the lessor.

(4) Revocation of acceptance must occur within a reasonable

time after the lessee discovers or should have discovered the ground

for it and before any substantial change in condition of the goods

which is not caused by the nonconformity. Revocation is not

effective until the lessee notifies the lessor.

(5) A lessee who so revokes has the same rights and duties with

regard to the goods involved as if the lessee had rejected them.
Okla. Stat. tit. 12A, § 12A-4A-404 — OK Code / Title 12A / Section 12A-4A-404
Obligation of beneficiary's bank to pay and give
Status: in_force

notice to beneficiary.

OBLIGATION OF BENEFICIARY'S BANK TO PAY AND GIVE NOTICE TO

BENEFICIARY

(a) Subject to subsection (e) of Section 19 and subsections (d)

and (e) of Section 30 of this act, if a beneficiary's bank accepts a

payment order, the bank is obliged to pay the amount of the order to

the beneficiary of the order. Payment is due on the payment date of

the order, but if acceptance occurs on the payment date after the

close of the funds-transfer business day of the bank, payment is due

on the next funds-transfer business day. If the bank refuses to pay

after demand by the beneficiary and receipt of notice of particular

circumstances that will give rise to consequential damages as a

result of nonpayment, the beneficiary may recover damages resulting

from the refusal to pay to the extent the bank had notice of the

damages, unless the bank proves that it did not pay because of a

reasonable doubt concerning the right of the beneficiary to payment.

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

instructs payment to an account of the beneficiary, the bank is

obliged to notify the beneficiary of receipt of the order before

midnight of the next funds-transfer business day following the

payment date. If the payment order does not instruct payment to an

account of the beneficiary, the bank is required to notify the

beneficiary only if notice is required by the order. Notice may be

given by first class mail or any other means reasonable in the

circumstances. If the bank fails to give the required notice, the

bank is obliged to pay interest to the beneficiary on the amount of

the payment order from the day notice should have been given until

the day the beneficiary learned of receipt of the payment order by

the bank. No other damages are recoverable. Reasonable attorney's

fees are also recoverable if demand for interest is made and refused

before an action is brought on the claim.

(c) The right of a beneficiary to receive payment and damages

as stated in subsection (a) of this section may not be varied by

agreement or a funds-transfer system rule. The right of a

beneficiary to be notified as stated in subsection (b) of this

section may be varied by agreement of the beneficiary or by a funds-

transfer system rule if the beneficiary is notified of the rule

before initiation of the funds transfer.
Okla. Stat. tit. 12A, § 12A-2-210 — OK Code / Title 12A / Section 12A-2-210
Delegation of Performance; Assignment of Rights
Status: in_force

Delegation of Performance; Assignment of Rights.

(1) A party may perform his duty through a delegate unless

otherwise agreed or unless the other party has a substantial

interest in having his original promisor perform or control the acts

required by the contract. No delegation of performance relieves the

party delegating of any duty to perform or any liability for breach.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 193

(2) Except as otherwise provided in Section 1-9-406 of this

title, unless otherwise agreed all rights of either seller or buyer

can be assigned except where the assignment would materially change

the duty of the other party, or increase materially the burden or

risk imposed on him by his contract, or impair materially his chance

of obtaining return performance. A right to damages for breach of

the whole contract or a right arising out of the assignor's due

performance of his entire obligation can be assigned despite

agreement otherwise.

(3) The creation, attachment, perfection, or enforcement of a

security interest in the seller’s interest under a contract is not a

transfer that materially changes the duty of or increases materially

the burden or risk imposed on the buyer or impairs materially the

buyer’s chance of obtaining return performance within the purview of

paragraph (2) of this section unless, and then only to the extent

that enforcement actually results in a delegation of material

performance of the seller. Even in that event, the creation,

attachment, perfection, and enforcement of the security interest

remain effective, but (i) the seller is liable to the buyer for

damages caused by the delegation to the extent that the damages

could not reasonably be prevented by the buyer, and (ii) a court

having jurisdiction may grant other appropriate relief, including

cancellation of the contract for sale or an injunction against

enforcement of the security interest or consummation of the

enforcement.

(4) Unless the circumstances indicate the contrary a

prohibition of assignment of "the contract" is to be construed as

barring only the delegation to the assignee of the assignor's

performance.

(5) An assignment of "the contract" or of "all my rights under

the contract" or an assignment in similar general terms is an

assignment of rights and unless the language or the circumstances

(as in an assignment for security) indicate the contrary, it is a

delegation of performance of the duties of the assignor and its

acceptance by the assignee constitutes a promise by him to perform

those duties. This promise is enforceable by either the assignor or

the other party to the original contract.

(6) The other party may treat any assignment which delegates

performance as creating reasonable grounds for insecurity and may

without prejudice to his rights against the assignor demand

assurances from the assignee (Section 2-609).
Okla. Stat. tit. 12, § 12-1141.5 — OK Code / Title 12 / Section 12-1141.5
Liability for damages, costs and attorney fees
Status: in_force

A. If a requestor prepares a notice pursuant to Section 3 of

this act, and:

1. The respondent receives the notice and fails to respond, or

2. The respondent requests clarification or additional

information and then subsequently refuses to execute and deliver a

curative instrument or to take the corrective action identified in

the notice, or

3. The respondent refuses to claim the notice, or

4. The respondent receives the notice and refuses to take the

action requested in the notice,

then in the event that the requestor files an action to quiet title

to the subject parcel pursuant to Section 1141 of Title 12 of the

Oklahoma Statutes, and the civil action results in a judgment for

the plaintiff which could have been accomplished through the

execution and delivery of a curative instrument or the taking of

corrective action identified in a notice, the plaintiff in the quiet

title action, in addition to any other requested relief, shall be

entitled to recover damages equal to the actual expenses incurred by

the plaintiff in identifying the relevant instrument, preparing the

notice to the respondent pursuant to Section 3 of this act, and the

expenses of litigation directly related to obtaining judgment

quieting title in the plaintiff with respect to the interest or

apparent interest forming the basis of the action against the

respondent, including costs and reasonable attorney fees.

B. If a defendant in the quiet title action who either failed

to respond to a notice pursuant to Section 4 of this act or who

refused to execute and deliver a curative instrument or take

corrective action identified in the notice prevails in the quiet

title action, the defendant in the quiet title action, in addition

to any other requested relief, shall be entitled to recover damages

equal to the actual expenses incurred by the defendant in responding

to the notice from the requestor pursuant to Section 4 of this act,

and the expenses of litigation directly related to obtaining

judgment quieting title in the defendant or asserting an affirmative

defense with respect to the interest or apparent interest forming

the basis of the action against the defendant, including costs and

reasonable attorney fees.
Okla. Stat. tit. 12A, § 12A-3-417 — OK Code / Title 12A / Section 12A-3-417
Presentment Warranties
Status: in_force

PRESENTMENT WARRANTIES

(a) If an unaccepted draft is presented to the drawee for

payment or acceptance and the drawee pays or accepts the draft, (i)

the person obtaining payment or acceptance, at the time of

presentment, and (ii) a previous transferor of the draft, at the

time of transfer, warrant to the drawee making payment or accepting

the draft in good faith that:

(1) The warrantor is, or was, at the time the warrantor

transferred the draft, a person entitled to enforce

the draft or authorized to obtain payment or

acceptance of the draft on behalf of a person entitled

to enforce the draft;

(2) The draft has not been altered; and

(3) The warrantor has no knowledge that the signature of

the drawer of the draft is unauthorized.

(b) A drawee making payment may recover from any warrantor

damages for breach of warranty equal to the amount paid by the

drawee less the amount the drawee received or is entitled to receive

from the drawer because of the payment. In addition, the drawee is

entitled to compensation for expenses and loss of interest resulting

from the breach. The right of the drawee to recover damages under

this subsection is not affected by any failure of the drawee to

exercise ordinary care in making payment. If the drawee accepts the

draft, breach of warranty is a defense to the obligation of the

acceptor. If the acceptor makes payment with respect to the draft,

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 316

the acceptor is entitled to recover from any warrantor for breach of

warranty the amounts stated in this subsection.

(c) If a drawee asserts a claim for breach of warranty under

subsection (a) of this section based on an unauthorized indorsement

of the draft or an alteration of the draft, the warrantor may defend

by proving that the indorsement is effective under Section 3-404 or

3-405 of this title or the drawer is precluded under Section 3-406

or 4-406 of this title from asserting against the drawee the

unauthorized indorsement or alteration.

(d) If (i) a dishonored draft is presented for payment to the

drawer or an indorser or (ii) any other instrument is presented for

payment to a party obliged to pay the instrument, and (iii) payment

is received, the following rules apply:

(1) The person obtaining payment and a prior transferor of

the instrument warrant to the person making payment in

good faith that the warrantor is, or was, at the time

the warrantor transferred the instrument, a person

entitled to enforce the instrument or authorized to

obtain payment on behalf of a person entitled to

enforce the instrument; and

(2) The person making payment may recover from any

warrantor for breach of warranty an amount equal to

the amount paid plus expenses and loss of interest

resulting from the breach.

(e) The warranties stated in subsections (a) and (d) of this

section cannot be disclaimed with respect to checks. Unless notice

of a claim for breach of warranty is given to the warrantor within

thirty (30) days after the claimant has reason to know of the breach

and the identity of the warrantor, the liability of the warrantor

under subsection (b) or (d) of this section is discharged to the

extent of any loss caused by the delay in giving notice of the

claim.

(f) A claim for relief for breach of warranty under this

section accrues when the claimant has reason to know of the breach.
Okla. Stat. tit. 12, § 12-1147.4 — OK Code / Title 12 / Section 12-1147.4
Sale - Trustee - Notice - Terms - Return - Deed -
Status: in_force

Confirmation.

Where a sale is made under the provisions of this act, the court

may appoint a trustee to make such sale on such terms as it may deem

advisable, at public or private sale, with or without notice, and on

such terms as to the payment of the purchase price as the court may

direct and in the event the sale is made partly in cash and partly

on credit, the unpaid balance of the purchase money shall be

evidenced by a first mortgage secured by the real estate sold. The

trustee appointed to sell said real estate shall make a verified

return of sale and, upon confirmation by the court, shall execute a

trustee's deed conveying the fee simple title to the real estate

sold. Said deed shall vest in the purchaser the full fee simple

title to said real estate and the rights and claims of all persons

who held an interest therein prior to the sale, including all those

of a class not then in being, shall be forever barred. The court

shall not confirm said sale unless it shall have received

satisfactory evidence that the sale was fairly conducted and that a

higher price cannot be obtained and furthermore that the sale is for

the best interest of all parties who have or may claim an interest

therein.
Okla. Stat. tit. 12, § 12-1634 — OK Code / Title 12 / Section 12-1634
Evidence - Determination
Status: in_force

The material allegations of the petition shall be sustained by

sworn evidence, and the prayer of the petition shall be granted

unless the court or judge finds that the change is sought for an

illegal or fraudulent purpose, or that a material allegation in the

petition is false.
Okla. Stat. tit. 12, § 12-1853 — OK Code / Title 12 / Section 12-1853
Notice
Status: in_force

A. Except as otherwise provided in the Uniform Arbitration Act,

a person gives notice to another person by taking action that is

reasonably necessary to inform the other person in ordinary course,

whether or not the other person acquires knowledge of the notice.

B. A person has notice if the person has knowledge of the

notice or has received notice.

C. A person will be deemed to have received notice when it

comes to the person’s attention or the notice is delivered at the

person’s place of residence or place of business, or at another

location held out by the person as a place of delivery of such

communications.
Okla. Stat. tit. 12, § 12-1447.4 — OK Code / Title 12 / Section 12-1447.4
Recordation and preservation of political utterances
Status: in_force

It shall be the duty of such television and/or radio

broadcasting station or network to record and preserve all political

utterances. Said recording to be preserved for a period of two (2)

years and made available to any person or persons instituting legal

actions for libel or defamation. Any person, firm or corporation

violating this section shall be guilty of a misdemeanor and upon

conviction thereof fined not to exceed One Thousand Dollars

($1,000.00) and costs.
Okla. Stat. tit. 12A, § 12A-1-9-809 — OK Code / Title 12A / Section 12A-1-9-809
Priority
Status: in_force

PRIORITY

This act determines the priority of conflicting claims to

collateral. However, if the relative priorities of the claims were

established before this act takes effect, Article 9 of the Uniform

Commercial Code as it existed before amendment by this act

determines priority.
Okla. Stat. tit. 12, § 12-1870 — OK Code / Title 12 / Section 12-1870
Record of award
Status: in_force

A. An arbitrator shall make a record of an award. The award

may, or may not, contain the evidence and conclusion upon which the

award was based unless the agreement of the parties specifies the

type of award to be issued. The record shall be signed or otherwise

authenticated by any arbitrator who concurs with the award. The

arbitrator or the arbitration organization shall give notice of the

award, including a copy of the award, to each party to the

arbitration proceeding.

B. An award shall be made within the time specified by the

agreement to arbitrate or, if not specified therein, within the time

ordered by the court. The court may extend or the parties to the

arbitration proceeding may agree in a record to extend the time.

The court or the parties may do so within or after the time

specified or ordered. A party waives any objection that an award

was not timely made unless the party gives notice of the objection

to the arbitrator before receiving notice of the award.
Okla. Stat. tit. 12A, § 12A-1-9-622 — OK Code / Title 12A / Section 12A-1-9-622
Effect of acceptance of collateral
Status: in_force

EFFECT OF ACCEPTANCE OF COLLATERAL

(a) A secured party’s acceptance of collateral in full or

partial satisfaction of the obligation it secures:

(1) discharges the obligation to the extent consented to by the

debtor;

(2) transfers to the secured party all of a debtor’s rights in

the collateral;

(3) discharges the security interest or agricultural lien that

is the subject of the debtor’s consent and any subordinate security

interest or other subordinate lien; and

(4) terminates any other subordinate interest.

(b) A subordinate interest is discharged or terminated under

subsection (a) of this section, even if the secured party fails to

comply with this article.
Okla. Stat. tit. 12, § 12-1600.4 — OK Code / Title 12 / Section 12-1600.4
Renumbered as § 304 of Title 43 by Laws 1990, c. 188, §
Status: in_force

3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12A, § 12A-1-9-705 — OK Code / Title 12A / Section 12A-1-9-705
Effectiveness of action taken before effective date
Status: in_force

of act.

EFFECTIVENESS OF ACTION TAKEN

BEFORE EFFECTIVE DATE OF ACT

(a) If action, other than the filing of a financing statement,

is taken before this act takes effect and the action would have

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 162

resulted in priority of a security interest over the rights of a

person that becomes a lien creditor had the security interest become

enforceable before this act takes effect, the action is effective to

perfect a security interest that attaches under this act within one

(1) year after this act takes effect. An attached security interest

becomes unperfected one (1) year after this act takes effect unless

the security interest becomes a perfected security interest under

this act before the expiration of that period.

(b) 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 this act.

(c) 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 former Section 9-

103.1 of this title. However, except as otherwise provided in

subsections (d) and (e) of this section and Section 1-9-706 of this

title, the financing statement ceases to be effective at the earlier

of:

(1) the time the financing statement would have ceased to be

effective under the law of the jurisdiction in which it is filed; or

(2) June 30, 2006.

(d) 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 and in accordance with the law of the jurisdiction governing

perfection as provided in Part 3 of this article, 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.

(e) Paragraph (2) of subsection (c) 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 former Section 9-103.1 only to

the extent that Part 3 of this article 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.

(f) 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

that it satisfies the requirements of Part 5 of this article for an

initial financing statement.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 163

(g) If an effective financing statement was filed before July

1, 2001, and that financing statement would otherwise cease to be

effective on June 30, 2006, by operation of paragraph (2) of

subsection (c) of this section, a continuation statement permitted

to be filed by the second sentence of subsection (d) of this section

may be filed between December 30, 2005, and June 30, 2006,

inclusive, and will be timely, notwithstanding subsection (d) of

Section 1-9-515 of this title. Without limitation, this provision

applies to collateral, however described under former law, that

meets the definition of “as-extracted collateral” in Section 1-9-102

of this title.
Okla. Stat. tit. 12, § 12-622 — OK Code / Title 12 / Section 12-622
Objections to report
Status: in_force

Any party to the action desiring to except to the reports of the

referee or any portion thereof, shall file his written objections

thereto with the clerk of the court within ten (10) days after the

referee shall have filed his report.
Okla. Stat. tit. 12, § 12-757 — OK Code / Title 12 / Section 12-757
Notice of sale of chattels - Acceptance of bids -
Status: in_force

Inventory for want of bidders.

A. 1. No goods or chattels levied upon by an officer pursuant

to an execution issued by a court of record shall be sold unless the

party causing the execution to be issued:

a. causes a written notice of sale executed by the

sheriff describing the goods or chattels subject to

sale and stating the date, time, and place where the

sale shall occur and, if the sale is to utilize an

online auction marketplace, stating the sale will be

conducted through an online auction marketplace, the

Internet address where bids may be entered, the date

of the sale, and the time when bidding is scheduled to

be open, to be mailed, by first-class mail, postage

prepaid, to the judgment debtor, any holder of record

of an interest in the property, and all other persons

of whom the party causing the execution to be issued

has notice who claim a lien or any interest in the

goods or chattels, at least ten (10) days prior to the

date of the sale, if the names and actual addresses of

such persons are known,

b. causes public notice to be given of the date, time and

place of sale, for at least ten (10) days before the

day of sale. The notice shall be executed by the

sheriff and shall state the name of any person having

an interest in the property whose actual address is

unknown, and shall designate the person or persons

whose unknown successors are being notified. The

notice shall be given by advertisement, published in

some newspaper published in the county, or, in case no

newspaper is published therein, by setting up

advertisements in five public places in the county.

Two advertisements shall be put up in the township

where the sale is to be held, and

c. files in the case an affidavit of proof of mailing and

of publication or posting.

Oklahoma Statutes - Title 12. Civil Procedure Page 149

2. A written notice of sale executed prior to November 1, 1987,

by the party causing the execution to be issued but otherwise

conforming to the provisions of this section shall, for all

purposes, be deemed valid.

B. 1. If a purchaser other than the party causing the

execution to be issued, when required by the sheriff, fails to post

cash or certified funds equal to ten percent (10%) of the amount bid

for the property within twenty-four (24) hours of the sale,

excluding Sundays and legal holidays, or otherwise fails to complete

the sale, the sheriff may proceed with the sale and may accept the

next highest bid.

2. When goods and chattels levied upon cannot be sold for want

of bidders, the officer making such return shall affix a true and

correct inventory of such goods and chattels to the execution, and

the party causing such execution to be issued may thereupon sue out

another writ of execution, directing the sale of the property levied

upon as provided for in this section.

C. The sheriff may determine whether the sale provided for in

this section shall utilize an online auction marketplace. All sales

of goods and chattels conducted by a sheriff utilizing an online

auction marketplace shall be conducted in accordance with the

provisions of Section 4 of this act.

R.L. 1910, § 5159. Amended by Laws 1986, c. 227, § 2, eff. Nov. 1,

1986; Laws 1987, c. 189, § 1, operative Nov. 1, 1987; Laws 2022, c.

326, § 1, emerg. eff. May 25, 2022; Laws 2025, c. 413, § 1, emerg.

eff. May 28, 2025.
Okla. Stat. tit. 12A, § 12A-1-9-104 — OK Code / Title 12A / Section 12A-1-9-104
Control of deposit account
Status: in_force

CONTROL OF DEPOSIT ACCOUNT

(a) A secured party has control of a deposit account if:

(1) the secured party is the bank with which the deposit

account is maintained;

(2) the debtor, secured party, and bank have agreed in a

signed record that the bank will comply with

instructions originated by the secured party directing

disposition of the funds in the deposit account

without further consent by the debtor;

(3) the secured party becomes the bank's customer with

respect to the deposit account; or

(4) another person, other than the debtor:

(A) has control of the deposit account and

acknowledges that it has control on behalf of the

secured party; or

(B) obtains control of the deposit account after

having acknowledged that it will obtain control

of the deposit account on behalf of the secured

party.

(b) A secured party that has satisfied subsection (a) of this

section has control, even if the debtor retains the right to direct

the disposition of funds from the deposit account.
Okla. Stat. tit. 12A, § 12A-3-505 — OK Code / Title 12A / Section 12A-3-505
Evidence of Dishonor
Status: in_force

EVIDENCE OF DISHONOR

(a) The following are admissible as evidence and create a

presumption of dishonor and of any notice of dishonor stated:

(1) A document regular in form as provided in subsection

(b) of this section which purports to be a protest;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 323

(2) A purported stamp or writing of the drawee, payor

bank, or presenting bank on or accompanying the

instrument stating that acceptance or payment has been

refused unless reasons for the refusal are stated and

the reasons are not consistent with dishonor; and

(3) A book or record of the drawee, payor bank, or

collecting bank, kept in the usual course of business

which shows dishonor, even if there is no evidence of

who made the entry.

(b) A protest is a certificate of dishonor made by a United

States consul or vice consul, or a notary public or other person

authorized to administer oaths by the law of the place where

dishonor occurs. It may be made upon information satisfactory to

that person. The protest must identify the instrument and certify

either that presentment has been made or, if not made, the reason

why it was not made, and that the instrument has been dishonored by

nonacceptance or nonpayment. The protest may also certify that

notice of dishonor has been given to some or all parties.
Okla. Stat. tit. 12, § 12-2501 — OK Code / Title 12 / Section 12-2501
Privileges recognized only as provided
Status: in_force

Except as otherwise provided by constitution, statute or rules

promulgated by the Supreme Court no person has a privilege to:

1. Refuse to be a witness;

2. Refuse to disclose any matter;

3. Refuse to produce any object or record; or

4. Prevent another from being a witness or disclosing any

matter or producing any object or record.
Okla. Stat. tit. 12, § 12-708 — OK Code / Title 12 / Section 12-708
Form and proof of notice - Fee
Status: in_force

A printed docket or other written notice, setting forth the

style of the cause and the day that the same is set for trial or

hearing, may be mailed, by registered mail, by the court clerk or

opposing counsel, addressed to the Attorney General or the assistant

Attorney General appearing as attorney of record for the State of

Oklahoma, not less than ten (10) days prior to the date set for such

trial or hearing, and the registry return of such notice shall be

sufficient proof of the notice herein required. The court clerk is

authorized to tax up as cost for each notice given twenty-five cents

($0.25).
Okla. Stat. tit. 12A, § 12A-5-113 — OK Code / Title 12A / Section 12A-5-113
Transfer by Operation of Law
Status: in_force

Transfer by Operation of Law.

(a) A successor of a beneficiary may consent to amendments,

sign and present documents, and receive payment or other items of

value in the name of the beneficiary without disclosing its status

as a successor.

(b) A successor of a beneficiary may consent to amendments,

sign and present documents, and receive payment or other items of

value in its own name as the disclosed successor of the beneficiary.

Except as otherwise provided in subsection (e) of this section, an

issuer shall recognize a disclosed successor of a beneficiary as

beneficiary in full substitution for its predecessor upon compliance

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 390

with the requirements for recognition by the issuer of a transfer of

drawing rights by operation of law under the standard practice

referred to in subsection (e) of Section 5-108 of this title or, in

the absence of such a practice, compliance with other reasonable

procedures sufficient to protect the issuer.

(c) An issuer is not obligated to determine whether a purported

successor is a successor of a beneficiary or whether the signature

of a purported successor is genuine or authorized.

(d) Honor of a purported successor's apparently complying

presentation under subsection (a) or (b) of this section has the

consequences specified in subsection (i) of Section 5-108 of this

title even if the purported successor is not the successor of a

beneficiary. Documents signed in the name of the beneficiary or of

a disclosed successor by a person who is neither the beneficiary nor

the successor of the beneficiary are forged documents for the

purposes of Section 5-109 of this title.

(e) An issuer whose rights of reimbursement are not covered by

subsection (d) of this section or substantially similar law and any

confirmer or nominated person may decline to recognize a

presentation under subsection (b) of this section.

(f) A beneficiary whose name is changed after the issuance of a

letter of credit has the same rights and obligations as a successor

of a beneficiary under this section.
Okla. Stat. tit. 12, § 12-65 — OK Code / Title 12 / Section 12-65
False valuation - Penalty
Status: in_force

Any person willfully making a false affidavit as to the value of

any such real estate shall be guilty of perjury, a Class D3 felony

offense, and shall be punished by imprisonment as provided for in

subsections B through F of Section 20P of Title 21 of the Oklahoma

Statutes. Any officer administering or accepting such affidavit

knowing it to be false, shall be guilty of the felony of subornation

of perjury, a Class D3 felony offense, and shall be punished by

imprisonment as provided for in subsections B through F of Section

20P of Title 21 of the Oklahoma Statutes.

R.L. 1910, § 5346. Amended by Laws 1997, c. 133, § 130, eff. July

1, 1999; Laws 2025, c. 486, § 645, eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 130 from July 1, 1998, to July 1, 1999.
Okla. Stat. tit. 12, § 12-1082 — OK Code / Title 12 / Section 12-1082
Dissolved partnerships
Status: in_force

(a) A partnership may sue and be sued in its firm name, and

after a partnership has been dissolved, actions may be brought by

and against the partnership in its firm name to enforce obligations

that arose before the dissolution, the partnership being deemed to

continue for the purpose of the suit. Where the dissolution is

caused by the death of a partner, an action to enforce an obligation

that arose before the dissolution may be brought by or against the

partnership in its firm name, or by or against the surviving

partners, or by or against the surviving partners and the estate of

the deceased partner, if an action is brought against the

partnership in its firm name, the estate of the deceased partner may

be made a party to the action by being properly served with process.

(b) When a partner dies after suit is brought by or against a

partnership, the action will not abate, whether it is brought by or

against the partnership in its firm name or in the names of the

partners and it shall not be necessary to make the representative of

the deceased partner a party to the action although he may be

substituted for the decedent if the decedent was named as a party

plaintiff or was served with process, but judgment may not be

enforced against the decedent's estate if the partner dies before

the verdict was rendered and the decedent's representative was not

made a party to the action.

(c) When a partner dies after judgment has been rendered in

favor of or against the partnership of which the decedent was a

member, the judgment may be enforced in favor of or against the

partnership and against the estate of the deceased partner although

the estate of the deceased partner is not made a party to the

judgment.
Okla. Stat. tit. 12A, § 12A-1-9-329 — OK Code / Title 12A / Section 12A-1-9-329
Priority of security interests in letter-of-credit
Status: in_force

right.

PRIORITY OF SECURITY INTERESTS IN LETTER-OF-CREDIT RIGHT

The following rules govern priority among conflicting security

interests in the same letter-of-credit right:

(1) A security interest held by a secured party having control

of the letter-of-credit right under Section 1-9-107 of this title

has priority to the extent of its control over a conflicting

security interest held by a secured party that does not have

control.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 89

(2) Security interests perfected by control under Section 1-9-

314 of this title rank according to priority in time of obtaining

control.
Okla. Stat. tit. 12A, § 12A-2A-311 — OK Code / Title 12A / Section 12A-2A-311
Priority Subject to Subordination
Status: in_force

PRIORITY SUBJECT TO SUBORDINATION.

Nothing in this article prevents subordination by agreement by

any person entitled to priority.
Okla. Stat. tit. 12, § 12-1807 — OK Code / Title 12 / Section 12-1807
Definitions
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 347

As used in Sections 3 through 9 of this act:

1. "Administrator" means any county, municipality, or agency of

this state that administers a community dispute resolution center

pursuant to the provisions of this act.

2. "Center" means a community-based facility which provides

dispute resolution services consisting of conciliation, mediation,

arbitration, facilitation, or other forms and techniques of dispute

resolution.

3. "Director" means the Administrative Director of the Courts.
Okla. Stat. tit. 12, § 12-2004.3 — OK Code / Title 12 / Section 12-2004.3
Alternate delivery methods for copy of process, papers
Status: in_force

- Deadlines - Not applicable to documents filed with clerk.

A. In lieu of mailing a copy of process or other papers by

certified mail, return receipt requested and delivery restricted to

the addressee as required or allowed by this title, a party or

attorney may send the same by commercial courier service, overnight

delivery service, or other reliable personal delivery service to the

party addressed, in each instance evidenced by a written or

electronic receipt signed by the addressee showing to whom

delivered, date of delivery, address where delivered, and person or

entity effecting delivery. Acceptance of service by a person who is

fifteen (15) years of age or older who resides at the defendant's

dwelling house or usual place of abode shall constitute acceptance

by the party addressed. A return receipt signed at a dwelling house

or usual place of abode shall be presumed to have been signed by a

person who is fifteen (15) years of age or older who resides at that

dwelling house or abode.

B. In lieu of mailing a copy of papers by ordinary mail as

required or allowed by this title, a party or attorney may send same

by commercial courier service, overnight delivery service, or other

reliable personal delivery service to the party addressed.

C. When one of the methods described in this section is

utilized, all deadlines based upon service shall be calculated in

the same manner as if the service had been by mail.

D. This section shall not apply to the filing of any document

with a court clerk. The filing of documents with a court clerk

remains governed by the Oklahoma Statutes and court rules.

E. In case of an entity described in division (3) of

subparagraph c of paragraph 1 of subsection C of Section 2004 of

this title, acceptance by any officer or by any employee of the

registered office or principal place of business who is authorized

to or who regularly receives certified mail shall constitute

acceptance by the party addressed. A return receipt signed at such

registered office or principal place of business shall be presumed

to have been signed by an employee authorized to receive certified

mail.
Okla. Stat. tit. 12, § 12-1285 — OK Code / Title 12 / Section 12-1285
Renumbered as § 130 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-732 — OK Code / Title 12 / Section 12-732
Kinds of executions
Status: in_force

Executions are of three kinds:

First, against the property of the judgment debtor.

Oklahoma Statutes - Title 12. Civil Procedure Page 145

Second, for the delivery of possession of real or personal

property, with damages for withholding the same, and costs.

Third, executions in special cases.

R.L. 1910, § 5150.
Okla. Stat. tit. 12, § 12-1600.32 — OK Code / Title 12 / Section 12-1600.32
Renumbered as § 337 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12, § 12-75 — OK Code / Title 12 / Section 12-75
Publications in "patent insides"
Status: in_force

All publications and notices required by law to be published in

newspapers in this state if published in newspapers having one side

of the paper printed away from the office of publication, known as

patent outsides or insides, shall have the same force and effect as

though the same were published in newspapers printed wholly and

published in the county where such publication shall be made, if one

side of the paper is printed in said county where said notices are

required to be published.

R.L. 1910, § 5348.
Okla. Stat. tit. 12A, § 12A-2A-302 — OK Code / Title 12A / Section 12A-2A-302
Title to and possession of goods
Status: in_force

TITLE TO AND POSSESSION OF GOODS

Except as otherwise provided in this article, each provision of

this article applies whether the lessor or a third party has title

to the goods, and whether the lessor, the lessee, or a third party

has possession of the goods, notwithstanding any statute or rule of

law that possession or the absence of possession is fraudulent.
Okla. Stat. tit. 12A, § 12A-3-113 — OK Code / Title 12A / Section 12A-3-113
Date of Instrument
Status: in_force

DATE OF INSTRUMENT

(a) An instrument may be antedated or postdated. The date

stated determines the time of payment if the instrument is payable

at a fixed period after date. Except as provided in subsection (c)

of Section 4-401 of this title, an instrument payable on demand is

not payable before the date of the instrument.

(b) If an instrument is undated, its date is the date of its

issue or, in the case of an unissued instrument, the date it first

comes into possession of a holder.
Okla. Stat. tit. 12, § 12-1806 — OK Code / Title 12 / Section 12-1806
Tolling statute of limitation
Status: in_force

During the period of the mediation, any applicable statute of

limitation shall be tolled as to the participants. Such tolling

shall commence on the date the parties agree in writing to

participate in mediation and shall end on the date mediation is

officially terminated by the mediator.

A defendant in a criminal action shall be deemed to have waived

his right to a speedy trial during the period of time he is

participating in a mediation proceeding.
Okla. Stat. tit. 12, § 12-2502.1 — OK Code / Title 12 / Section 12-2502.1
Communications between accountant and client
Status: in_force

A. As used in this section:

1. “Accountant” means a certified public accountant (CPA) or a

public accountant;

2. “Client” means any person, public officer, corporation,

association, or other organization or entity, either public or

private, who consults an accountant for the purpose of obtaining

accounting services; and

3. A communication between an accountant and a client of the

accountant is “confidential” if not intended to be disclosed to

third persons other than:

a. those to whom disclosure is in furtherance of the

rendition of accounting services to the client, and

b. those reasonably necessary for the transmission of the

communication.

B. A client has a privilege to refuse to disclose, and to

prevent any other person or entity from disclosing, the contents of

confidential communications with an accountant when the other person

or entity learned of the communication because the communications

were made in the rendition of accounting services to the client.

This privilege includes other confidential information obtained by

the accountant from the client for the purpose of rendering

accounting advice.

C. The privilege provided for in this section may be claimed by

the client, the guardian or conservator of the client, the personal

representative of a deceased client, or the successor, trustee, or

similar representative of a corporation, association, or other

Oklahoma Statutes - Title 12. Civil Procedure Page 454

organization, whether or not in existence. The person who was the

accountant at the time of the communication is presumed to have

authority to claim the privilege but only on behalf of the client.

D. There is no accountant-client privilege under this section:

1. When the services of the accountant were sought or obtained

to enable or aid anyone to commit or plan to commit what the client

knew or should have known was a crime including, but not limited to,

fraud;

2. When a communication is relevant to an issue of breach of

duty by the accountant to the client of the accountant or by the

client to the accountant; or

3. When a communication is relevant to a matter of common

interest between two or more clients, if the communication was made

by any of the clients to an accountant retained or consulted in

common when offered in a civil action between clients.

E. A disclosure of a communication or information covered by

the accountant-client privilege or the work-product doctrine does

not operate as a waiver if:

1. The disclosure was inadvertent;

2. The holder of the privilege took reasonable steps to prevent

disclosure; and

3. The holder of the privilege took reasonable steps to rectify

the error including, but not limited to, information falling within

the scope of paragraph 4 of subsection B of Section 3226 of Title 12

of the Oklahoma Statutes, if applicable.

F. Disclosure of a communication or information covered by the

accountant-client privilege or the work-product doctrine to a

governmental office, agency or political subdivision in the exercise

of its regulatory, investigative, or enforcement authority does not

operate as a waiver of the privilege or protection in favor of

nongovernmental persons or entities. Disclosure of such information

does not waive the privilege or protection of undisclosed

communications on the same subject unless:

1. The waiver is intentional;

2. The disclosed and undisclosed communications or information

concern the same subject matter; and

3. Due to principles of fairness, the disclosed and undisclosed

communications or information should be considered together.
Okla. Stat. tit. 12, § 12-995 — OK Code / Title 12 / Section 12-995
Frivolous appeals, cross-appeals or original proceedings -
Status: in_force

Dismissal and sanctions.

The Oklahoma Supreme Court or Court of Civil Appeals shall

dismiss an appeal that is frivolous, and may impose sanctions

against the appellant, the appellant's attorney, or both. The

sanctions that may be imposed may include the reasonable expenses

incurred because of the filing of the appeal, including a reasonable

attorney's fee. The court shall dismiss a cross-appeal or an

original proceeding that is frivolous and may impose sanctions as

provided by this section.
Okla. Stat. tit. 12A, § 12A-2-514 — OK Code / Title 12A / Section 12A-2-514
When Documents Deliverable on Acceptance; When on
Status: in_force

Payment.

Unless otherwise agreed documents against which a draft is drawn

are to be delivered to the drawee on acceptance of the draft if it

is payable more than three (3) days after presentment; otherwise,

only on payment.
Okla. Stat. tit. 12A, § 12A-1-307 — OK Code / Title 12A / Section 12A-1-307
Prima facie evidence by third-party documents
Status: in_force

Prima Facie Evidence by Third-Party Documents.

A document in due form purporting to be a bill of lading, policy

or certificate of insurance, official weigher's or inspector's

certificate, consular invoice, or any other document authorized or

required by the contract to be issued by a third party is prima

facie evidence of its own authenticity and genuineness and of the

facts stated in the document by the third party.
Okla. Stat. tit. 12A, § 12A-1-9-210 — OK Code / Title 12A / Section 12A-1-9-210
Request for accounting; request regarding list of
Status: in_force

collateral or statement of account.

REQUEST FOR ACCOUNTING; REQUEST REGARDING

LIST OF COLLATERAL OR STATEMENT OF ACCOUNT

(a) In this section:

(1) "Request" means a record of a type described in paragraph

(2), (3), or (4) of this subsection.

(2) "Request for an accounting" means a record signed by a

debtor requesting that the recipient provide an accounting of the

unpaid obligations secured by collateral and reasonably identifying

the transaction or relationship that is the subject of the request.

(3) "Request regarding a list of collateral" means a record

signed by a debtor requesting that the recipient approve or correct

a list of what the debtor believes to be the collateral securing an

obligation and reasonably identifying the transaction or

relationship that is the subject of the request.

(4) "Request regarding a statement of account" means a record

signed by a debtor requesting that the recipient approve or correct

a statement indicating what the debtor believes to be the aggregate

amount of unpaid obligations secured by collateral as of a specified

date and reasonably identifying the transaction or relationship that

is the subject of the request.

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

section, a secured party, other than a buyer of accounts, chattel

paper, payment intangibles, or promissory notes or a consignor,

shall comply with a request within fourteen (14) days after receipt:

(1) in the case of a request for an accounting, by signing and

sending to the debtor an accounting; and

(2) in the case of a request regarding a list of collateral or

a request regarding a statement of account, by signing and sending

to the debtor an approval or correction.

(c) A secured party that claims a security interest in all of a

particular type of collateral owned by the debtor may comply with a

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 50

request regarding a list of collateral by sending to the debtor a

signed record including a statement to that effect within fourteen

(14) days after receipt.

(d) A person that receives a request regarding a list of

collateral, claims no interest in the collateral when it receives

the request, and claimed an interest in the collateral at an earlier

time shall comply with the request within fourteen (14) days after

receipt by sending to the debtor a signed record:

(1) disclaiming any interest in the collateral; and

(2) if known to the recipient, providing the name and mailing

address of any assignee of or successor to the recipient's interest

in the collateral.

(e) A person that receives a request for an accounting or a

request regarding a statement of account, claims no interest in the

obligations when it receives the request, and claimed an interest in

the obligations at an earlier time shall comply with the request

within fourteen (14) days after receipt by sending to the debtor a

signed record:

(1) disclaiming any interest in the obligations; and

(2) if known to the recipient, providing the name and mailing

address of any assignee of or successor to the recipient's interest

in the obligations.

(f) A debtor is entitled without charge to one response to a

request under this section during any six-month period. The secured

party may require payment of a charge not exceeding Twenty-five

Dollars ($25.00) for each additional response.
Okla. Stat. tit. 12, § 12-978.1 — OK Code / Title 12 / Section 12-978.1
Recovery of costs for review of certain interlocutory
Status: in_force

orders on appeal or on certiorari.

When an interlocutory order of a district court is reviewed on

appeal or on certiorari and the interlocutory order is reversed, the

prevailing party shall recover his costs, exclusive of attorney

fees, including the cost deposit and the costs of preparing the

record on appeal or on certiorari, regardless of the ultimate

disposition of the action; and when the interlocutory order is

reversed in part and affirmed in part, the costs shall be equally

divided between the parties.
Okla. Stat. tit. 12, § 12-3302 — OK Code / Title 12 / Section 12-3302
Definitions
Status: in_force

DEFINITIONS.

As used in this act:

1. “Collaborative law communication” means a statement, whether

oral or in a record, or verbal or nonverbal, that:

a. is made to conduct, participate in, continue, or

reconvene a collaborative law process, and

b. occurs after the parties sign a collaborative law

participation agreement and before the collaborative

law process is concluded;

2. “Collaborative law participation agreement” means an

agreement by persons to participate in a collaborative law process;

3. “Collaborative law process” means a procedure intended to

resolve a collaborative matter without intervention by a tribunal in

which persons:

a. sign a collaborative law participation agreement, and

b. are represented by collaborative lawyers;

4. “Collaborative lawyer” means a lawyer who represents a party

in a collaborative law process;

5. “Collaborative matter” means a dispute, transaction, claim,

problem, or issue for resolution, including a dispute, claim, or

issue in a proceeding, which is described in a collaborative law

participation agreement;

Oklahoma Statutes - Title 12. Civil Procedure Page 545

6. “Law firm” means:

a. lawyers who practice law together in a partnership,

professional corporation, sole proprietorship, limited

liability company, or association, and

b. lawyers employed in a legal services organization, or

the legal department of a corporation or other

organization, or the legal department of a government

or governmental subdivision, agency, or

instrumentality;

7. “Nonparty participant” means a person, other than a party

and the party’s collaborative lawyer, that participates in a

collaborative law process;

8. “Party” means a person that signs a collaborative law

participation agreement and whose consent is necessary to resolve a

collaborative matter;

9. “Person” means an individual, corporation, business trust,

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

joint venture, public corporation, government or governmental

subdivision, agency, or instrumentality, or any other legal or

commercial entity;

10. “Proceeding” means:

a. a judicial, administrative, arbitral, or other

adjudicative process before a tribunal, including

related prehearing and post-hearing motions,

conferences, and discovery, or

b. a legislative hearing or similar process;

11. “Prospective party” means a person that discusses with a

prospective collaborative lawyer the possibility of signing a

collaborative law participation agreement;

12. “Record” means information that is inscribed on a tangible

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

retrievable in perceivable form;

13. “Related to a collaborative matter” means involving the

same parties, transaction or occurrence, nucleus of operative fact,

dispute, claim, or issue as the collaborative matter;

14. “Sign” means, with present intent to authenticate or adopt

a record:

a. to execute or adopt a tangible symbol, or

b. to attach to or logically associate with the record an

electronic symbol, sound, or process; and

15. “Tribunal” means:

a. a court, arbitrator, administrative agency, or other

body acting in an adjudicative capacity which, after

presentation of evidence or legal argument, has

jurisdiction to render a decision affecting a party’s

interests in a matter, or

Oklahoma Statutes - Title 12. Civil Procedure Page 546

b. a legislative body conducting a hearing or similar

process.
Okla. Stat. tit. 12A, § 12A-4-209 — OK Code / Title 12A / Section 12A-4-209
Encoding and Retention Warranties
Status: in_force

ENCODING AND RETENTION WARRANTIES

(a) A person who encodes information on or with respect to an

item after issue warrants to any subsequent collecting bank and to

the payor bank or other payor that the information is correctly

encoded. If the customer of a depositary bank encodes, that bank

also makes the warranty.

(b) A person who undertakes to retain an item pursuant to an

agreement for electronic presentment warrants to any subsequent

collecting bank and to the payor bank or other payor that retention

and presentment of the item comply with the agreement. If a

customer of a depositary bank undertakes to retain an item, that

bank also makes this warranty.

(c) A person to whom warranties are made under this section and

who took the item in good faith may recover from the warrantor as

damages for breach of warranty an amount equal to the loss suffered

as a result of the breach, plus expenses and loss of interest

incurred as a result of the breach.
Okla. Stat. tit. 12, § 12-1223 — OK Code / Title 12 / Section 12-1223
Return of order
Status: in_force

The officer shall return, upon every order of attachment, what

he has done under it. The return must show the property attached,

and the time it was attached; when garnishees are served, their

names, and the time each was served, must be stated. The officer

shall also return with the order all undertakings given under it.

R.L. 1910, § 4844.
Okla. Stat. tit. 12A, § 12A-1-9-106 — OK Code / Title 12A / Section 12A-1-9-106
Control of investment property
Status: in_force

CONTROL OF INVESTMENT PROPERTY

(a) A person has control of a certificated security,

uncertificated security, or security entitlement as provided in

Section 8-106 of this title.

(b) A secured party has control of a commodity contract if:

(1) the secured party is the commodity intermediary with which

the commodity contract is carried; or

(2) the commodity customer, secured party, and commodity

intermediary have agreed that the commodity intermediary will apply

any value distributed on account of the commodity contract as

directed by the secured party without further consent by the

commodity customer.

(c) A secured party having control of all security entitlements

or commodity contracts carried in a securities account or commodity

account has control over the securities account or commodity

account.
Okla. Stat. tit. 12, § 12-422 — OK Code / Title 12 / Section 12-422
Affidavit defined
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 87

An affidavit is a written declaration, under oath, made without

notice to the adverse party.

R.L. 1910, § 5068.
Okla. Stat. tit. 12A, § 12A-4-108 — OK Code / Title 12A / Section 12A-4-108
Time of Receipt of Items
Status: in_force

TIME OF RECEIPT OF ITEMS

(a) For the purpose of allowing time to process items, prove

balances, and make the necessary entries on its books to determine

its position for the day, a bank may fix an afternoon hour of 2:00

p.m. or later as a cut-off hour for the handling of money and items

and the making of entries on its books.

(b) An item or deposit of money received on any day after a

cut-off so fixed or after the close of the banking day may be

treated as being received at the opening of the next banking day.
Okla. Stat. tit. 12, § 12-1172.1 — OK Code / Title 12 / Section 12-1172.1
Prejudgment and postjudgment summons - Procedure
Status: in_force

A. A garnishee summons shall not be issued in any action prior

to judgment until:

1. Defendant has been served with a notice, to which the

affidavit required by Section 1172 of this title is attached, which

notifies the defendant that the issuance of a garnishee summons is

requested and that the defendant may object to the issuance of the

summons by filing a written objection with the court clerk and

delivering or mailing a copy to the plaintiff's attorney within five

(5) days of the service of the notice. The service of the notice on

the defendant satisfies the notice requirement of Section 1174 of

this title;

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

and if the undertaking has been executed as provided herein, the

court clerk shall issue the garnishee summons;

Oklahoma Statutes - Title 12. Civil Procedure Page 241

3. Should a written objection be filed within the five-day

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

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

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

plaintiff’s cause and the truth of the matters asserted in the

affidavit and if the plaintiff executes an undertaking, as provided

herein, the court may issue the garnishee summons; and

4. An undertaking on the part of the plaintiff has been

executed by one or more sufficient sureties, approved by the clerk

or the court and filed in the clerk's office, in a sum not less than

double the amount of the plaintiff's claim, to the effect that the

plaintiff shall pay to the defendant all damages which the defendant

may sustain by reason of the garnishment, together with a reasonable

attorney's fee, if the order be wrongfully obtained.

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

as provided by paragraph 1 of subsection A of this section, although

a reasonable effort was made to notify the defendant, and at the

hearing the plaintiff proves the probable merit of the plaintiff’s

cause of action and the truth of the matters asserted in the

affidavit and the plaintiff has executed an undertaking as provided

herein, the court may issue a garnishee summons after which the

defendant may move to have the garnishee summons quashed. Notice of

a motion to quash, with the date of the hearing, shall be served on

the attorney for the plaintiff. The motion shall be heard promptly,

and in any case within five (5) days after the date that it is

filed. The court must grant the defendant's motion unless, at the

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

merit of the plaintiff’s cause and the truth of the matters asserted

in the affidavit. The court clerk may issue an order to pay the

money into the court after the hearing, at the direction of the

court.

C. A prejudgment or postjudgment garnishment may be amended as

in other civil actions. Upon request of the garnishor, alias or

additional summons shall issue against the garnishee.
Okla. Stat. tit. 12A, § 12A-8-114 — OK Code / Title 12A / Section 12A-8-114
Evidentiary Rules Concerning Certificated Securities
Status: in_force

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 434

Evidentiary Rules Concerning Certificated Securities.

The following rules apply in an action on a certificated

security against the issuer:

(1) Unless specifically denied in the pleadings, each

signature on a security certificate or in a necessary

indorsement is admitted;

(2) If the effectiveness of a signature is put in issue,

the burden of establishing effectiveness is on the

party claiming under the signature, but the signature

is presumed to be genuine or authorized;

(3) If signatures on a security certificate are admitted

or established, production of the certificate entitles

a holder to recover on it unless the defendant

establishes a defense or a defect going to the

validity of the security; and

(4) If it is shown that a defense or defect exists, the

plaintiff has the burden of establishing that the

plaintiff or some person under whom the plaintiff

claims is a person against whom the defense or defect

cannot be asserted.
Okla. Stat. tit. 12A, § 12A-2-402 — OK Code / Title 12A / Section 12A-2-402
Rights of Seller's Creditors Against Sold Goods
Status: in_force

(1) Except as provided in subsections (2) and (3), rights of

unsecured creditors of the seller with respect to goods which have

been identified to a contract for sale are subject to the buyer's

rights to recover the goods under this article (Sections 2-502 and

2-716).

(2) A creditor of the seller may treat a sale or an

identification of goods to a contract for sale as void if as against

him a retention of possession by the seller is fraudulent under any

rule of law of the state where the goods are situated, except that

retention of possession in good faith and current course of trade by

a merchant-seller for a commercially reasonable time after a sale or

identification is not fraudulent.

(3) Nothing this article shall be deemed to impair the rights of

creditors of the seller.

(a) under the provisions of the article on Secured

Transactions (Article 9); or

(b) where identification to the contract or delivery is

made not in current course of trade but in satisfaction of or as

security for a pre-existing claim for money, security or the like

and is made under circumstances which under any rule of law of the

state where the goods are situated would apart from this article

constitute the transaction a fraudulent transfer or voidable

preference.
Okla. Stat. tit. 12, § 12-3204 — OK Code / Title 12 / Section 12-3204
Renumbered as § 3227 of this title by Laws 1989, c. 129,
Status: in_force

§ 14, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-3308 — OK Code / Title 12 / Section 12-3308
Approval of agreement by tribunal
Status: in_force

APPROVAL OF AGREEMENT BY TRIBUNAL.

A tribunal may approve an agreement resulting from a

collaborative law process.
Okla. Stat. tit. 12, § 12-571 — OK Code / Title 12 / Section 12-571
Summoning jury
Status: in_force

The general mode of summoning the jury is such as is or may be

provided by law.

R.L. 1910, § 4996.
Okla. Stat. tit. 12A, § 12A-4-405 — OK Code / Title 12A / Section 12A-4-405
Death or Incompetence of Customer
Status: in_force

DEATH OR INCOMPETENCE OF CUSTOMER

(a) A payor or collecting bank's authority to accept, pay, or

collect an item or to account for proceeds of its collection, if

otherwise effective, is not rendered ineffective by incompetence of

a customer of either bank existing at the time the item is issued or

its collection is undertaken if the bank does not know of an

adjudication of incompetence. Neither death nor incompetence of a

customer revokes the authority to accept, pay, collect, or account

until the bank knows of the fact of death or of an adjudication of

incompetence and has reasonable opportunity to act on it.

(b) Even with knowledge, a bank may for ten (10) days after the

date of death pay or certify checks drawn on or before that date

unless ordered to stop payment by a person claiming an interest in

the account.
Okla. Stat. tit. 12A, § 12A-3-116 — OK Code / Title 12A / Section 12A-3-116
Joint and Several Liability; Contribution
Status: in_force

JOINT AND SEVERAL LIABILITY; CONTRIBUTION

(a) Except as otherwise provided in the instrument, two or more

persons who have the same liability on an instrument as makers,

drawers, acceptors, endorsers who indorse as joint payees, or

anomalous indorsers are jointly and severally liable in the capacity

in which they sign.

(b) Except as provided in subsection (f) of Section 3-419 of

this title or by agreement of the affected parties, a party having

joint and several liability who pays the instrument is entitled to

receive from any party having the same joint and several liability

contribution in accordance with applicable law.
Okla. Stat. tit. 12, § 12-310 — OK Code / Title 12 / Section 12-310
Lost pleadings
Status: in_force

If an original pleading be lost or withheld by any person the

court may allow a copy thereof to be substituted.

R.L. 1910, § 4783.
Okla. Stat. tit. 12A, § 12A-2-710 — OK Code / Title 12A / Section 12A-2-710
Seller's Incidental Damages
Status: in_force

Incidental damages to an aggrieved seller include any

commercially reasonable charges, expenses or commissions incurred in

stopping delivery, in the transportation, care and custody of goods

after the buyer's breach, in connection with return or resale of the

goods or otherwise resulting from the breach.
Okla. Stat. tit. 12A, § 12A-8-303 — OK Code / Title 12A / Section 12A-8-303
Protected Purchaser
Status: in_force

Protected Purchaser.

(a) "Protected purchaser" means a purchaser of a certificated

or uncertificated security, or of an interest therein, who:

(1) gives value;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 441

(2) does not have notice of any adverse claim to the

security; and

(3) obtains control of the certificated or uncertificated

security.

(b) A protected purchaser acquires its interest in the security

free of any adverse claim.
Okla. Stat. tit. 12, § 12-1147.2 — OK Code / Title 12 / Section 12-1147.2
Possible claim affecting undivided interest
Status: in_force

When, under the circumstances stated in Section 1, the possible

claim of persons not in being affect only an undivided interest in

the full fee simple title to a tract of real estate, such undivided

interest only may be sold under the provisions of this act, and the

title to the other undivided interest therein shall not, in such

case, be affected by said sale.
Okla. Stat. tit. 12, § 12-3212 — OK Code / Title 12 / Section 12-3212
Renumbered as § 3235 of this title by Laws 1989, c. 129,
Status: in_force

§ 14, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-1275 — OK Code / Title 12 / Section 12-1275
Renumbered as § 108 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-1836 — OK Code / Title 12 / Section 12-1836
Procedures – Confidentiality and impartiality
Status: in_force

Any program for mediation under the Choice in Mediation Act

shall adopt appropriate procedures for the conduct of mediation

under the program, to ensure confidentiality of proceedings and

impartiality of the mediator and to encourage participation in good

faith by the disputing parties. The program may comply with this

provision by adopting the provisions in Section 1824 of Title 12 of

the Oklahoma Statutes or by becoming a center under the Dispute

Resolution Act and complying with the procedures of the Dispute

Resolution Act.
Okla. Stat. tit. 12, § 12-1656 — OK Code / Title 12 / Section 12-1656
Issues of fact
Status: in_force

When a proceeding under this act involves the determination of

an issue of fact, such issue must be tried and determined in the

same manner as issues of fact are tried and determined in other

civil actions in the court in which the proceeding is pending.
Okla. Stat. tit. 12, § 12-3240 — OK Code / Title 12 / Section 12-3240
Disclosure statement
Status: in_force

Not less than three (3) days prior to the date on which a payee

signs a transfer agreement, the transferee shall provide to the

payee a separate disclosure statement, in bold type no smaller than

fourteen (14) point, to include the following:

1. The amounts and due dates of the structured settlement

payments to be transferred;

2. The aggregate amount of the payments;

3. The discounted present value of the payments to be

transferred, which shall be identified as the “calculation of

current value of the transferred structured settlement payments

under federal standards for valuing annuities”, and the amount of

the applicable federal rate used in calculating such discounted

present value;

4. The gross advance amount;

5. An itemized listing of all applicable transfer expenses,

other than attorneys’ fees and related disbursements payable in

connection with the transferee’s application for approval of the

transfer, and the transferee’s best estimate of the amount of any

such fees and disbursements;

6. The net advance amount;

7. The amount of any penalties or liquidated damages payable by

the payee in the event of any breach of the transfer agreement by

the payee; and

8. A statement that the payee has the right to cancel the

transfer agreement, without penalty or further obligation, not later

than the third business day after the date the agreement is signed

by the payee.
Okla. Stat. tit. 12, § 12-684 — OK Code / Title 12 / Section 12-684
Dismissal of case – With and without order of court
Status: in_force

A. An action may be dismissed by the plaintiff without an order

of court by filing a notice of dismissal at any time before

pretrial. After the pretrial hearing, an action may only be

dismissed by agreement of the parties or by the court. Unless

otherwise stated in the notice of dismissal or stipulation, the

dismissal is without prejudice.

B. Except as provided in subsection A of this section, an

action shall not be dismissed at the plaintiff's request except upon

order of the court and upon such terms and conditions as the court

deems proper. If a counterclaim has been pleaded by a defendant

prior to the service upon the defendant of the plaintiff's motion to

dismiss, the action shall not be dismissed against the defendant's

objection unless the counterclaims can remain pending for

independent adjudication by the court. Unless otherwise specified

in the order, a dismissal under this subsection is without

prejudice.

C. For failure of the plaintiff to prosecute or to comply with

the provisions of this section or any order of court, a defendant

Oklahoma Statutes - Title 12. Civil Procedure Page 109

may move for dismissal of an action or of any claim against the

defendant.

D. The provisions of this section apply to the dismissal of any

counterclaim, cross-claim, or third-party claim. A voluntary

dismissal by the claimant alone pursuant to subsection A of this

section shall be made before a responsive pleading is served or, if

there is none, before the introduction of evidence at the trial or

hearing.

If a plaintiff who has once dismissed an action in any court

commences an action based upon or including the same claim against

the same defendant, the court may make such order for the payment of

costs of the action previously dismissed as it may deem proper and

may stay the proceedings in the action until the plaintiff has

complied with the order.
Okla. Stat. tit. 12, § 12-1575 — OK Code / Title 12 / Section 12-1575
Order returnable, when
Status: in_force

The return day of the order of delivery, when issued at the

commencement of the suit, shall be the same as that of the summons;

when issued afterwards, it shall be ten (10) days after it is

issued.

R.L. 1910, § 4802.
Okla. Stat. tit. 12, § 12-398 — OK Code / Title 12 / Section 12-398
Examination by deposition - Custody
Status: in_force

If a prisoner's testimony is taken by deposition, he shall

remain in the custody of the official charged with the prisoner's

custody. The official custodian shall afford reasonable facilities

for the taking of the deposition.

R.L. 1910, § 5063. Amended by Laws 1993, c. 174, § 2, emerg. eff.

May 10, 1993.
Okla. Stat. tit. 12A, § 12A-2A-526 — OK Code / Title 12A / Section 12A-2A-526
Lessor's stoppage of delivery in transit or otherwise
Status: in_force

LESSOR'S STOPPAGE OF DELIVERY IN TRANSIT OR OTHERWISE

(1) A lessor may stop delivery of goods in the possession of a

carrier or other bailee if the lessor discovers the lessee to be

insolvent and may stop delivery of carload, truckload, planeload, or

larger shipments of express or freight if the lessee repudiates or

fails to make a payment due before delivery, whether for rent,

security or otherwise under the lease contract, or for any other

reason the lessor has a right to withhold or take possession of the

goods.

(2) In pursuing its remedies under subsection (1) of this

section, the lessor may stop delivery until:

(a) receipt of the goods by the lessee;

(b) acknowledgement to the lessee by any bailee of the goods,

except a carrier, that the bailee holds the goods for the lessee; or

(c) such an acknowledgment to the lessee by a carrier via

reshipment or as a warehouse.

(3) (a) To stop delivery, a lessor shall so notify as to

enable the bailee by reasonable diligence to prevent delivery of the

goods.

(b) After notification, the bailee shall hold and deliver the

goods according to the directions of the lessor, but the lessor is

liable to the bailee for any ensuing charges or damages.

(c) A carrier who has issued a nonnegotiable bill of lading is

not obligated to obey a notification to stop received from a person

other than the consignor.
Okla. Stat. tit. 12, § 12-1751 — OK Code / Title 12 / Section 12-1751
Suits authorized under small claims procedure
Status: in_force

A. The following suits may be brought under the small claims

procedure:

Oklahoma Statutes - Title 12. Civil Procedure Page 328

1. Actions for the recovery of money based on contract or tort,

including subrogation claims, but excluding libel or slander, in

which the amount sought to be recovered, exclusive of attorney fees

and other court costs, does not exceed Ten Thousand Dollars

($10,000.00);

2. Actions to replevy personal property the value of which does

not exceed Ten Thousand Dollars ($10,000.00). If the claims for

possession of personal property and to recover money are pled in the

alternative, the joinder of claims is permissible if neither the

value of the property nor the total amount of money sought to be

recovered, exclusive of attorney fees and other costs, exceeds Ten

Thousand Dollars ($10,000.00); and

3. Actions in the nature of interpleader, as provided for in

Section 2022 of this title, in which the value of the money which is

the subject of such action does not exceed Ten Thousand Dollars

($10,000.00).

B. No action may be brought under the small claims procedure by

any collection agency, collection agent, or assignee of a claim,

except that an action may be brought against an insurer or third-

party administrator by a health care provider as that term is

defined in Section 6552 of Title 36 of the Oklahoma Statutes, who is

an assignee of benefits available under an accident and health

insurance policy, trust, plan, or contract.

C. In those cases which are uncontested:

1. Except as provided in paragraph 2 of this subsection, the

amount of attorney fees allowed shall not exceed ten percent (10%)

of the judgment;

2. Upon application to the court supported by sufficient

documentation, the court may award attorney fees not to exceed

twenty-five percent (25%) of the judgment.

Nothing in this subsection shall be construed to limit the

amount of attorney fees awarded in contested cases. Further,

nothing in this subsection shall be construed to prohibit an award

of attorney fees for the defense of an action brought under the

small claims procedure.

D. No action may be brought under the small claims procedure

for any alleged claim against any city, county or state agency, or

employee of a city, county or state agency, if the claim alleges

matters arising from incarceration, probation, parole or community

supervision.

E. No action by a plaintiff who is currently incarcerated in

any jail or prison in the state may be brought against any person or

entity under the small claims procedure.

F. A small claims affidavit shall include a statement

acknowledging that the plaintiff is disclaiming a right to a trial

by jury on the merits of the case.

Oklahoma Statutes - Title 12. Civil Procedure Page 329

G. In an action filed and tried under The Small Claims

Procedure Act or an action for forcible entry and detainer placed on

the small claims docket of the district court or assigned to the

small claims division pursuant to Section 1148.14 of this title,

parties that are corporations, limited liability companies,

partnerships, trusts, or other legal entities may appear by and

through a corporate officer, member, manager, partner, trustee, or

regular full-time employee, who shall be authorized to execute the

statutory affidavits and other filings with the court and otherwise

proceed as any other party who is an individual representing

themself.
Okla. Stat. tit. 12, § 12-71 — OK Code / Title 12 / Section 12-71
Deputy may perform official duties
Status: in_force

Any duty enjoined by this Code upon a ministerial officer, and

any act permitted to be done by him, may be performed by his lawful

deputy.

R.L. 1910, § 5339.
Okla. Stat. tit. 12A, § 12A-2A-205 — OK Code / Title 12A / Section 12A-2A-205
Firm offers
Status: in_force

FIRM OFFERS

An offer by a merchant to lease goods to or from another person

in a signed record that by its terms gives assurance it will be held

open is not revocable, for lack of consideration, during the time

stated or, if no time is stated, for a reasonable time, but in no

event may the period of irrevocability exceed three (3) months. Any

such term of assurance on a form supplied by the offeree must be

separately signed by the offeror.
Okla. Stat. tit. 12, § 12-3203 — OK Code / Title 12 / Section 12-3203
Renumbered as § 3226 of this title by Laws 1989, c. 129,
Status: in_force

§ 14, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-1506 — OK Code / Title 12 / Section 12-1506
Commissioners to partition
Status: in_force

Upon making such order, the court shall appoint three

commissioners to make partition into the requisite number of shares.

R.L. 1910, § 4945.
Okla. Stat. tit. 12, § 12-2004.2 — OK Code / Title 12 / Section 12-2004.2
Notice of pendency of action
Status: in_force

NOTICE OF PENDENCY OF ACTION

A. Upon the filing of a petition, the action is pending so as

to charge third persons with notice of its pendency. While an

action is pending, no third person shall acquire an interest in the

subject matter of the suit as against the prevailing party's title;

except that:

1. As to actions in either state or federal court involving

real property, such notice shall be effective from and after the

time that a notice of pendency of action, identifying the case and

the court in which it is pending and giving the legal description of

the land affected by the action, is filed of record in the office of

the county clerk of the county wherein the land is situated; and

2. Notice of the pendency of an action shall have no effect

unless service of process is made upon the defendant or service by

publication is commenced within one hundred twenty (120) days after

the filing of the petition.

B. Except as to mechanics and materialman lien claimants, any

interest in real property which is the subject matter of an action

pending in any state or federal court, acquired or purported to be

acquired subsequent to the filing of a notice of pendency of action

as provided in subsection A of this section, or acquired or

purported to be acquired prior to but filed or perfected after the

filing of such notice of pendency of action, shall be void as

against the prevailing party or parties to such action.

C. No person purporting to acquire or perfect an interest in

real property in contravention of this section need be given notice

of a sale upon execution or of hearing upon confirmation thereof.
Okla. Stat. tit. 12A, § 12A-1-9-623 — OK Code / Title 12A / Section 12A-1-9-623
Right to redeem collateral
Status: in_force

RIGHT TO REDEEM COLLATERAL

(a) A debtor, any secondary obligor, or any other secured party

or lienholder may redeem collateral.

(b) To redeem collateral, a person shall tender:

(1) fulfillment of all obligations secured by the collateral;

and

(2) the reasonable expenses and attorney’s fees described in

paragraph (1) of subsection (a) of Section 1-9-615 of this title.

(c) A redemption may occur at any time before a secured party:

(1) has collected collateral under Section 1-9-607 of this

title;

(2) has disposed of collateral or entered into a contract for

its disposition under Section 1-9-610 of this title; or

(3) has accepted collateral in full or partial satisfaction of

the obligation it secures under Section 1-9-622 of this title.
Okla. Stat. tit. 12A, § 12A-8-113 — OK Code / Title 12A / Section 12A-8-113
Statute of Frauds Inapplicable
Status: in_force

Statute of Frauds Inapplicable.

A contract or modification of a contract for the sale or

purchase of a security is enforceable whether or not there is a

writing signed or record authenticated by a party against whom

enforcement is sought, even if the contract or modification is not

capable of performance within one (1) year of its making.
Okla. Stat. tit. 12A, § 12A-1-9-306A — OK Code / Title 12A / Section 12A-1-9-306A
Law governing perfection and priority of security
Status: in_force

interests in chattel paper.

LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN

CHATTEL PAPER

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

chattel paper is evidenced only by an authoritative electronic copy

of the chattel paper or is evidenced by an authoritative electronic

copy and an authoritative tangible copy, the local law of the

chattel paper's jurisdiction governs perfection, the effect of

perfection or nonperfection, and the priority of a security interest

in the chattel paper, even if the transaction does not bear any

relation to the chattel paper's jurisdiction.

(b) The following rules determine the chattel paper's

jurisdiction under this section:

(1) If the authoritative electronic copy of the record

evidencing chattel paper, or a record attached to or logically

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 55

associated with the electronic copy and readily available for

review, expressly provides that a particular jurisdiction is the

chattel paper's jurisdiction for purposes of this part, this

article, or the Uniform Commercial Code, that jurisdiction is the

chattel paper's jurisdiction.

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

rules of the system in which the authoritative electronic copy is

recorded are readily available for review and expressly provide that

a particular jurisdiction is the chattel paper's jurisdiction for

purposes of this part, this article, or the Uniform Commercial Code,

that jurisdiction is the chattel paper's jurisdiction.

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

and the authoritative electronic copy, or a record attached to or

logically associated with the electronic copy and readily available

for review, expressly provides that the chattel paper is governed by

the law of a particular jurisdiction, that jurisdiction is the

chattel paper's jurisdiction.

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

apply and the rules of the system in which the authoritative

electronic copy is recorded are readily available for review and

expressly provide that the chattel paper or the system is governed

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

chattel paper's jurisdiction.

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

apply, the chattel paper's jurisdiction is the jurisdiction in which

the debtor is located.

(c) If an authoritative tangible copy of a record evidences

chattel paper and the chattel paper is not evidenced by an

authoritative electronic copy, while the authoritative tangible copy

of the record evidencing chattel paper is located in a jurisdiction,

the local law of that jurisdiction governs:

(1) perfection of a security interest in the chattel paper by

possession under Section 9-314A of this title; and

(2) the effect of perfection or nonperfection and the priority

of a security interest in the chattel paper.

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

located governs perfection of a security interest in chattel paper

by filing.
Okla. Stat. tit. 12, § 12-1813 — OK Code / Title 12 / Section 12-1813
Inspection, examination and audit of centers
Status: in_force

The State Auditor and Inspector, annually, shall inspect,

examine, and audit the Dispute Resolution System Revolving Fund and

the fiscal affairs of centers.
Okla. Stat. tit. 12A, § 12A-2A-530 — OK Code / Title 12A / Section 12A-2A-530
Lessor's incidental damages
Status: in_force

LESSOR'S INCIDENTAL DAMAGES

Incidental damages to an aggrieved lessor include any

commercially reasonable charges, expenses, or commissions incurred

in stopping delivery, in the transportation, care and custody of

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 279

goods after the lessee's default, in connection with return or

disposition of the goods, or otherwise resulting from the default.
Okla. Stat. tit. 12A, § 12A-8-107 — OK Code / Title 12A / Section 12A-8-107
Whether Indorsement, Instruction, or Entitlement Order
Status: in_force

is Effective.

Whether Indorsement, Instruction, or Entitlement Order is

Effective.

(a) "Appropriate person" means:

(1) with respect to an indorsement, the person specified

by a security certificate or by an effective special

indorsement to be entitled to the security;

(2) with respect to an instruction, the registered owner

of an uncertificated security;

(3) with respect to an entitlement order, the entitlement

holder;

(4) if the person designated in paragraph (1), (2) or (3)

of this subsection is deceased, the designated

person's successor taking under other law or the

designated person's personal representative acting for

the estate of the decedent; or

(5) if the person designated in paragraph (1), (2) or (3)

of this subsection lacks capacity, the designated

person's guardian, conservator, or other similar

representative who has power under other law to

transfer the security or financial asset.

(b) An indorsement, instruction, or entitlement order is

effective if:

(1) it is made by the appropriate person;

(2) it is made by a person who has power under the law of

agency to transfer the security or financial asset on

behalf of the appropriate person, including, in the

case of an instruction or entitlement order, a person

who has control under paragraph (2) of subsection (c)

or paragraph (2) of subsection (d) of Section 8-106 of

this title; or

(3) the appropriate person has ratified it or is otherwise

precluded from asserting its ineffectiveness.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 428

(c) An indorsement, instruction, or entitlement order made by a

representative is effective even if:

(1) the representative has failed to comply with a

controlling instrument or with the law of the state

having jurisdiction of the representative

relationship, including any law requiring the

representative to obtain court approval of the

transaction; or

(2) the representative's action in making the indorsement,

instruction, or entitlement order or using the

proceeds of the transaction is otherwise a breach of

duty.

(d) If a security is registered in the name of or specially

indorsed to a person described as a representative, or if a

securities account is maintained in the name of a person described

as a representative, an indorsement, instruction, or entitlement

order made by the person is effective even though the person is no

longer serving in the described capacity.

(e) Effectiveness of an indorsement, instruction, or

entitlement order is determined as of the date the indorsement,

instruction, or entitlement order is made, and an indorsement,

instruction, or entitlement order does not become ineffective by

reason of any later change of circumstances.
Okla. Stat. tit. 12, § 12-139 — OK Code / Title 12 / Section 12-139
Other actions - Venue when creditor has assigned right
Status: in_force

Every other action must be brought in the county in which the

defendant or some one of the defendants resides or resided at the

time the claim arose, or may be summoned; except claims against

makers of notes, claims, or other indebtedness which have been

assigned, sold or transferred by or from the original payee or

obligee, which claims against such original maker of such notes,

claims or indebtedness can only be brought in the county in which

the said maker of such note, claim or indebtedness or some one of

the original makers of such note, claim or indebtedness resides or

in the county in which the claim arose. Provided, however, this

section shall not in any way change or limit Section 131 of this

title.

Oklahoma Statutes - Title 12. Civil Procedure Page 63