Okla. Stat. tit. 12A, § 12A-3-602 — OK Code / Title 12A / Section 12A-3-602
Payment
Status: in_force

PAYMENT

(a) Subject to subsection (e) of this section, an instrument is

paid to the extent payment is made by or on behalf of a party

obliged to pay the instrument, and to a person entitled to enforce

the instrument. To the extent of the payment, the obligation of the

party obliged to pay the instrument is discharged even though

payment is made with knowledge of a claim to the instrument under

Section 3-306 of this title by another person.

(b) Subject to subsection (e) of this section, a note is paid

to the extent payment is made by or on behalf of a party obliged to

pay the note to a person that formerly was entitled to enforce the

note only if at the time of the payment the party obliged to pay has

not received adequate notification that the note has been

transferred and that payment is to be made to the transferee. A

notification is adequate only if it is signed by the transferor or

the transferee, reasonably identifies the transferred note, and

provides an address at which payments subsequently are to be made.

Upon request, a transferee shall seasonably furnish reasonable proof

that the note has been transferred. Unless the transferee complies

with the request, a payment to the person that formerly was entitled

to enforce the note is effective for purposes of subsection (c) of

this section even if the party obliged to pay the note has received

a notification under this subsection.

(c) Subject to subsection (e) of this section, to the extent of

a payment under subsections (a) and (b) of this section, the

obligation of the party obliged to pay the instrument is discharged

even though payment is made with knowledge of a claim to the

instrument under Section 3-306 of this title by another person.

(d) Subject to subsection (e) of this section, a transferee, or

any party that has acquired rights in the instrument directly or

indirectly from a transferee, including any such party that has

rights as a holder in due course, is deemed to have notice of any

payment that is made under subsection (b) of this section after the

date that the note is transferred to the transferee but before the

party obliged to pay the note receives adequate notification of the

transfer.

(e) The obligation of a party to pay the instrument is not

discharged under subsections (a) through (d) of this section if:

(1) A claim to the instrument under Section 3-306 of this

title is enforceable against the party receiving

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 325

payment and (i) payment is made with knowledge by the

payor that payment is prohibited by injunction or

similar process of a court of competent jurisdiction,

or (ii) in the case of an instrument other than a

cashier's check, teller's check, or certified check,

the party making payment accepted, from the person

having a claim to the instrument, indemnity against

loss resulting from refusal to pay the person entitled

to enforce the instrument; or

(2) The person making payment knows that the instrument is

a stolen instrument and pays a person it knows is in

wrongful possession of the instrument.

(f) As used in this section, “signed”, with respect to a record

that is not a writing, includes the attachment to or logical

association with the record of an electronic symbol, sound, or

process with the present intent to adopt or accept the record.
Okla. Stat. tit. 12A, § 12A-2A-523 — OK Code / Title 12A / Section 12A-2A-523
Lessor's remedies
Status: in_force

LESSOR'S REMEDIES

(1) If a lessee wrongfully rejects or revokes acceptance of

goods or fails to make a payment when due or repudiates with respect

to a part or the whole, then, with respect to any goods involved,

and with respect to all of the goods if under an installment lease

contract the value of the whole lease contract is substantially

impaired (Section 2A-510 of this title), the lessee is in default

under the lease contract and the lessor may:

(a) cancel the lease contract (subsection (1) of Section

2A-505 of this title);

(b) proceed respecting goods not identified to the lease

contract (Section 2A-524 of this title);

(c) withhold delivery of the goods and take possession of

goods previously delivered (Section 2A-525 of this

title);

(d) stop delivery of the goods by any bailee (Section 2A-

526 of this title);

(e) dispose of the goods and recover damages (Section 2A-

527 of this title), or retain the goods and recover

damages (Section 2A-528 of this title), or in a proper

case recover rent (Section 2A-529 of this title); or

(f) exercise any other rights or pursue any other remedies

provided in the lease contract.

(2) If a lessor does not fully exercise a right or obtain a

remedy to which the lessor is entitled under subsection (1) of this

section, the lessor may recover the loss resulting in the ordinary

course of events from the lessee's default as determined in any

reasonable manner, together with incidental damages, less expenses

saved in consequence of the lessee's default.

(3) If a lessee is otherwise in default under a lease contract,

the lessor may exercise the rights and pursue the remedies provided

in the lease contract, which may include a right to cancel the

lease. In addition, unless otherwise provided in the lease

contract:

(a) if the default substantially impairs the value of the

lease contract to the lessor, the lessor may exercise

the rights and pursue the remedies provided in

subsection (1) or (2) of this section; or

(b) if the default does not substantially impair the value

of the lease contract to the lessor, the lessor may

recover as provided in subsection (2) of this section.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 274
Okla. Stat. tit. 12, § 12-1600.14 — OK Code / Title 12 / Section 12-1600.14
Renumbered as § 314 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12, § 12-1600.5 — OK Code / Title 12 / Section 12-1600.5
Renumbered as § 305 of Title 43 by Laws 1990, c. 188, §
Status: in_force

3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12A, § 12A-7-208 — OK Code / Title 12A / Section 12A-7-208
Altered warehouse receipts
Status: in_force

Altered Warehouse Receipts.

If a blank in a negotiable tangible warehouse receipt has been

filled in without authority, a good-faith purchaser for value and

without notice of the lack of authority may treat the insertion as

authorized. Any other unauthorized alteration leaves any tangible

or electronic warehouse receipt enforceable against the issuer

according to its original tenor.
Okla. Stat. tit. 12, § 12-735 — OK Code / Title 12 / Section 12-735
Must be issued within five years or judgment becomes
Status: in_force

unenforceable - Inapplicable to municipalities or child support

judgments.

A. A judgment shall become unenforceable and of no effect if,

within five (5) years after the date of filing of any judgment that

now is or may hereafter be filed in any court of record in this

state:

1. Execution is not issued by the court clerk and filed with

the county clerk as provided in Section 759 of this title;

2. A notice of renewal of judgment substantially in the form

prescribed by the Administrative Director of the Courts is not filed

with the court clerk;

3. A garnishment summons is not issued by the court clerk; or

4. A certified copy of a notice of income assignment is not

sent to a payor of the judgment debtor.

B. A judgment shall become unenforceable and of no effect if

more than five (5) years have passed from the date of:

1. The last execution on the judgment was filed with the county

clerk;

2. The last notice of renewal of judgment was filed with the

court clerk;

3. The last garnishment summons was issued; or

4. The sending of a certified copy of a notice of income

assignment to a payor of the judgment debtor.

C. This section shall not apply to judgments against

municipalities or to child support judgments by operation of law.

R.L. 1910, § 5153. Amended by Laws 1981, c. 120, § 1, eff. Oct. 1,

1981; Laws 1988, c. 22, § 1, eff. Nov. 1, 1988; Laws 1989, c. 236, §

5, eff. July 1, 1989; Laws 1997, c. 320, § 3, eff. Nov. 1, 1997;

Oklahoma Statutes - Title 12. Civil Procedure Page 146
Okla. Stat. tit. 12, § 12-1756 — OK Code / Title 12 / Section 12-1756
Date for appearance of defendant
Status: in_force

The date for the appearance of the defendant as provided in the

order endorsed on the affidavit shall not be more than sixty (60)

days nor less than ten (10) days from the date of the order. The

order shall be served upon the defendant at least seven (7) days

prior to the date specified in the order for the appearance of the

defendant. If it is not served upon the defendant, the plaintiff

shall apply to the clerk for a new order setting a new day for the

appearance of the defendant, which shall not be more than sixty (60)

days nor less than ten (10) days from the date of the issuance of

the new order. When the clerk has fixed the date for appearance of

the defendant, the clerk shall inform the plaintiff, either in

person or by certified mail, of the date and order the plaintiff to

appear on that date.
Okla. Stat. tit. 12A, § 12A-1-9-620 — OK Code / Title 12A / Section 12A-1-9-620
Acceptance of collateral in full or partial
Status: in_force

satisfaction of obligation; compulsory disposition of collateral.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 153

ACCEPTANCE OF COLLATERAL IN FULL OR PARTIAL SATISFACTION

OF OBLIGATION; COMPULSORY DISPOSITION OF COLLATERAL

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

section, a secured party may accept collateral in full or partial

satisfaction of the obligation it secures only if:

(1) the debtor consents to the acceptance under subsection (c)

of this section;

(2) the secured party does not receive, within the time set

forth in subsection (d) of this section, a notification of objection

to the proposal signed by:

(A) a person to which the secured party was required to

send a proposal under Section 1-9-621 of this title;

or

(B) any other person, other than the debtor, holding an

interest in the collateral subordinate to the security

interest that is the subject of the proposal;

(3) if the collateral is consumer goods, the collateral is not

in the possession of the debtor when the debtor consents to the

acceptance; and

(4) subsection (e) of this section does not require the secured

party to dispose of the collateral or the debtor waives the

requirement pursuant to Section 1-9-624 of this title.

(b) A purported or apparent acceptance of collateral under this

section is ineffective unless:

(1) the secured party consents to the acceptance in a signed

record or sends a proposal to the debtor; and

(2) the conditions of subsection (a) of this section are met.

(c) For purposes of this section:

(1) a debtor consents to an acceptance of collateral in partial

satisfaction of the obligation it secures only if the debtor agrees

to the terms of the acceptance in a record signed after default; and

(2) a debtor consents to an acceptance of collateral in full

satisfaction of the obligation it secures only if the debtor agrees

to the terms of the acceptance in a record signed after default or

the secured party:

(A) sends to the debtor after default a proposal that is

unconditional or subject only to a condition that

collateral not in the possession of the secured party

be preserved or maintained;

(B) in the proposal, proposes to accept collateral in full

satisfaction of the obligation it secures; and

(C) does not receive a notification of objection signed by

the debtor within twenty (20) days after the proposal

is sent.

(d) To be effective under paragraph (2) of subsection (a) of

this section, a notification of objection must be received by the

secured party:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 154

(1) in the case of a person to which the proposal was sent

pursuant to Section 1-9-621 of this title, within twenty (20) days

after notification was sent to that person; and

(2) in other cases:

(A) within twenty (20) days after the last notification

was sent pursuant to Section 1-9-621 of this title; or

(B) if a notification was not sent, before the debtor

consents to the acceptance under subsection (c) of

this section.

(e) A secured party that has taken possession of collateral

shall dispose of the collateral pursuant to Section 1-9-610 of this

title within the time specified in subsection (f) of this section

if:

(1) Sixty percent (60%) of the cash price has been paid in the

case of a purchase-money security interest in consumer goods; or

(2) Sixty percent (60%) of the principal amount of the

obligation secured has been paid in the case of a non-purchase-money

security interest in consumer goods.

(f) To comply with subsection (e) of this section, the secured

party shall dispose of the collateral:

(1) within ninety (90) days after taking possession; or

(2) within any longer period to which the debtor and all

secondary obligors have agreed in an agreement to that effect

entered into and signed after default.

(g) In a consumer transaction, a secured party may not accept

collateral in partial satisfaction of the obligation it secures.
Okla. Stat. tit. 12, § 12-133 — OK Code / Title 12 / Section 12-133
Actions brought where cause arose
Status: in_force

Actions for the following causes must be brought in the county

where the cause, or some part thereof arose:

First. An action for the recovery of a fine, forfeiture or

penalty imposed by statute, except when imposed for an offense

committed on a river or other stream of water, road or other place

which is the boundary of two or more counties, the cause of action

shall be deemed to have arisen in each of said counties, and may be

brought in any county bordering on such river, watercourse, road or

other place, and opposite to the place where the offense was

committed.

Second. An action against a public officer for an act done by

him in virtue, or under color, of his office, or for neglect of his

official duties.

Third. An action on the official bond or undertaking of a

public officer.

R.L. 1910, § 4673.
Okla. Stat. tit. 12, § 12-108 — OK Code / Title 12 / Section 12-108
Citation
Status: in_force

This act may be cited as the Uniform Statute of Limitation on

Foreign Claims Act.
Okla. Stat. tit. 12, § 12-1148.10 — OK Code / Title 12 / Section 12-1148.10
Writ of execution - Form - New trial
Status: in_force

If judgment be for plaintiff, the court shall, at the request of

the plaintiff, his or her agent or attorney, issue a writ of

execution thereon, which shall be in substantially the following

form:

The State of Oklahoma, _______ County.

The State of Oklahoma to the Sheriff of ________ County:

Whereas, in a certain action for the forcible entry and

detention (or for the forcible detention as the case may be) of the

following described premises, to wit: ______________ lately tried

before me, wherein _________ was plaintiff, and _______ was

defendant, judgment was rendered on the ____ day of ______, 20__,

that the plaintiff have restitution of said premises; and also that

he or she recover rent, attorney fees and costs in the sum of

______; you, therefore, are hereby commanded to cause the defendant

to be forthwith removed from said premises and the said plaintiff to

have physical possession of the same, and make all accruing costs,

and of this writ, make legal service and due return.

Witness my hand this _____ day of ________, 20__.

_______________

A.B., Judge

A motion for a new trial may be filed only within three (3) days

of judgment but shall not operate to stay execution.
Okla. Stat. tit. 12, § 12-2601 — OK Code / Title 12 / Section 12-2601
General rule of competency
Status: in_force

Every person is competent to be a witness except as otherwise

provided in this Code.
Okla. Stat. tit. 12, § 12-64 — OK Code / Title 12 / Section 12-64
Valuation of real estate
Status: in_force

The officer, whose duty it is to accept and approve such bond,

guaranty or indemnity shall require the affidavits of two

Oklahoma Statutes - Title 12. Civil Procedure Page 44

freeholders versed in land values in the community where such real

estate is located to the value of such real estate. Said officer

shall have the authority to administer the oaths and take said

affidavits.

R.L. 1910, § 5345.
Okla. Stat. tit. 12, § 12-734 — OK Code / Title 12 / Section 12-734
Property bound after seizure
Status: in_force

All real estate not bound by the lien of the judgment, as well

as goods and chattels of the debtor, shall be bound from the time

they shall be seized in execution.

R.L. 1910, § 5152.
Okla. Stat. tit. 12, § 12-3234 — OK Code / Title 12 / Section 12-3234
Production of documents and things and entry upon land for inspection and other
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 30for inspection and other purposes.

A. IN GENERAL. A party may serve on any other party a request

within the scope of Section 3226 of this title:

1. To produce and permit the requesting party or its

representative to inspect, copy, test or sample the following items

in the possession, custody or control of the responding party:

a. any designated documents or electronically stored

information - including writings, drawings, graphs,

charts, photographs, sound recordings, images and

other data or data compilations – stored in any medium

from which information can be obtained either directly

or, if necessary, after translation by the responding

party into a reasonably usable form, or

b. any designated tangible things; or

2. To permit entry onto designated land or other property

possessed or controlled by the responding party so that the

requesting party may inspect, measure, survey, photograph, test or

sample the property or any designated object or operation on it.

B. PROCEDURE. 1. The request:

a. shall describe with reasonable particularity each item

or category of items to be inspected,

Oklahoma Statutes - Title 12. Civil Procedure Page 528

b. shall specify a reasonable time, place and manner for

the inspection and for performing the related acts,

and

c. may specify the form or forms in which electronically

stored information is to be produced.

2. a. The request may be served, without leave of court,

upon any party after the filing of a petition. The

party to whom the request is directed shall respond in

writing within thirty (30) days after being served.

The thirty-day response period shall not commence

until an answer to the petition is filed. However,

upon leave of court or otherwise agreed to in writing

by the parties subject to Section 3229 of this title,

the response to the request may be required prior to

the filing of an answer to the petition.

b. For each item or category, the response shall either

state that inspection and related activities will be

permitted as requested or state with specificity the

grounds for objecting to the request, including the

reasons. The responding party may state that it will

produce copies of documents or of electronically

stored information instead of permitting inspection.

The production shall be completed no later than the

time for inspection specified in the request, or

another reasonable time specified in the response.

c. An objection shall state whether any responsive

materials are being withheld on the basis of that

objection. An objection to part of a request shall

specify the part and permit inspection of the rest.

d. The response may state an objection to a requested

form for producing electronically stored information.

If the responding party objects to a requested form,

or if no form was specified in the request, the party

shall state the form or forms it intends to use.

e. Unless otherwise stipulated or ordered by the court,

these procedures apply to producing documents or

electronically stored information:

(1) a party shall produce documents as they are kept

in the usual course of business or shall organize

and label them to correspond to the categories in

the request,

(2) if a request does not specify a form for

producing electronically stored information, a

party shall produce it in a form or forms in

which it is ordinarily maintained or in a

reasonably usable form or forms, and

Oklahoma Statutes - Title 12. Civil Procedure Page 529

(3) a party need not produce the same electronically

stored information in more than one form.

C. NONPARTIES. A nonparty may be compelled to produce

documents and tangible things or to permit an inspection as provided

in Section 2004.1 of this title.
Okla. Stat. tit. 12A, § 12A-15-103 — OK Code / Title 12A / Section 12A-15-103
Scope
Status: in_force

SCOPE

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

otherwise provided by law, this act applies to electronic records

and electronic signatures relating to a transaction.

(b) This act does not apply to a transaction to the extent it

is governed by:

(1) a law governing the creation and execution of wills,

codicils, or testamentary trusts;

(2) the Uniform Commercial Code, other than Sections 1-107 and

1-206 of Title 12A of the Oklahoma Statutes and Article 2, and

Article 2A of Title 12A of the Oklahoma Statutes;

(3) the Uniform Computer Information Transactions Act; and

(4) a consumer protection law of this state to the extent

specified by rule by the Administrator of the Department of Consumer

Credit as necessary to conform to existing federal requirements or

to preserve existing consumer protection requirements.

(c) This act applies to an electronic record or electronic

signature otherwise excluded from the application of this act under

subsection (b) of this section to the extent it is governed by a law

other than those specified in subsection (b) of this section.

(d) A transaction subject to this act is also subject to other

applicable substantive law.
Okla. Stat. tit. 12A, § 12A-1-9-612 — OK Code / Title 12A / Section 12A-1-9-612
Timeliness of notification before disposition of
Status: in_force

collateral.

TIMELINESS OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL

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

section, whether a notification is sent within a reasonable time is

a question of fact.

(b) In a transaction other than a consumer transaction, a

notification of disposition sent after default and ten (10) days or

more before the earliest time of disposition set forth in the

notification is sent within a reasonable time before the

disposition.
Okla. Stat. tit. 12A, § 12A-1-9-407 — OK Code / Title 12A / Section 12A-1-9-407
Restrictions on creation or enforcement of security
Status: in_force

interest in leasehold interest or in lessor’s residual interest.

RESTRICTIONS ON CREATION OR ENFORCEMENT

OF SECURITY INTEREST IN LEASEHOLD INTEREST

OR IN LESSOR’S RESIDUAL INTEREST

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

section, a term in a lease agreement is ineffective to the extent

that it:

(1) prohibits, restricts, or requires the consent of a party to

the lease to the assignment or transfer of or the creation,

attachment, perfection, or enforcement of a security interest in, an

interest of a party under the lease contract or in the lessor’s

residual interest in the goods; or

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 102

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

attachment, perfection, or enforcement of the security interest may

give rise to a default, breach, right of recoupment, claim, defense,

termination, right of termination, or remedy under the lease.

(b) Except as otherwise provided in paragraph (7) of Section

2A-303 of this title, a term described in paragraph (2) of

subsection (a) of this section is effective to the extent that there

is:

(1) a transfer by the lessee of the lessee’s right of

possession or use of the goods in violation of the term; or

(2) a delegation of a material performance of either party to

the lease contract in violation of the term.

(c) The creation, attachment, perfection, or enforcement of a

security interest in the lessor’s interest under the lease contract

or the lessor’s residual interest in the goods is not a transfer

that materially impairs the lessee’s prospect of obtaining return

performance or materially changes the duty of or materially

increases the burden or risk imposed on the lessee within the

purview of paragraph (4) of Section 2A-303 of this title unless, and

then only to the extent that, enforcement actually results in

delegation of material performance of the lessor.
Okla. Stat. tit. 12, § 12-2021 — OK Code / Title 12 / Section 12-2021
Misjoinder and nonjoinder of parties
Status: in_force

MISJOINDER AND NONJOINDER OF PARTIES

Misjoinder of parties is not ground for dismissal of an action.

Parties may be dropped or added by order of the court on motion of

any party or of its own initiative at any stage of the action and on

such terms as are just. Any claim against a party may be severed

and proceeded with separately. In determining whether to add or

drop parties under this section, the court shall consider if in the

interest of justice such action provides a fair and convenient forum

for all parties.
Okla. Stat. tit. 12A, § 12A-8-108 — OK Code / Title 12A / Section 12A-8-108
Warranties in Direct Holding
Status: in_force

Warranties in Direct Holding.

(a) A person who transfers a certificated security to a

purchaser for value warrants to the purchaser, and an indorser, if

the transfer is by indorsement, warrants to any subsequent

purchaser, that:

(1) the certificate is genuine and has not been materially

altered;

(2) the transferor or indorser does not know of any fact

that might impair the validity of the security;

(3) there is no adverse claim to the security;

(4) the transfer does not violate any restriction on

transfer;

(5) if the transfer is by indorsement, the indorsement is

made by an appropriate person, or if the indorsement

is by an agent, the agent has actual authority to act

on behalf of the appropriate person; and

(6) the transfer is otherwise effective and rightful.

(b) A person who originates an instruction for registration of

transfer of an uncertificated security to a purchaser for value

warrants to the purchaser that:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 429

(1) the instruction is made by an appropriate person, or

if the instruction is by an agent, the agent has

actual authority to act on behalf of the appropriate

person;

(2) the security is valid;

(3) there is no adverse claim to the security; and

(4) at the time the instruction is presented to the

issuer:

(i) the purchaser will be entitled to the

registration of transfer;

(ii) the transfer will be registered by the issuer

free from all liens, security interests,

restrictions, and claims other than those

specified in the instruction;

(iii) the transfer will not violate any restriction on

transfer; and

(iv) the requested transfer will otherwise be

effective and rightful.

(c) A person who transfers an uncertificated security to a

purchaser for value and does not originate an instruction in

connection with the transfer warrants that:

(1) the uncertificated security is valid;

(2) there is no adverse claim to the security;

(3) the transfer does not violate any restriction on

transfer; and

(4) the transfer is otherwise effective and rightful.

(d) A person who indorses a security certificate warrants to

the issuer that:

(1) there is no adverse claim to the security; and

(2) the indorsement is effective.

(e) A person who originates an instruction for registration of

transfer of an uncertificated security warrants to the issuer that:

(1) the instruction is effective; and

(2) at the time the instruction is presented to the

issuer, the purchaser will be entitled to the

registration of transfer.

(f) A person who presents a certificated security for

registration of transfer or for payment or exchange warrants to the

issuer that the person is entitled to the registration, payment, or

exchange, but a purchaser for value and without notice of adverse

claims to whom transfer is registered warrants only that the person

has no knowledge of any unauthorized signature in a necessary

indorsement.

(g) If a person acts as agent of another in delivering a

certificated security to a purchaser, the identity of the principal

was known to the person to whom the certificate was delivered, and

the certificate delivered by the agent was received by the agent

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 430

from the principal or received by the agent from another person at

the direction of the principal, the person delivering the security

certificate warrants that the delivering person has authority to act

for the principal and does not know of any adverse claim to the

certificated security.

(h) A secured party who redelivers a security certificate

received, or after payment and on order of the debtor delivers the

security certificate to another person, makes only the warranties of

an agent under subsection (g) of this section.

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

section, a broker acting for a customer makes to the issuer and a

purchaser the warranties provided in subsections (a) through (f) of

this section. A broker that delivers a security certificate to its

customer, or causes its customer to be registered as the owner of an

uncertificated security, makes to the customer the warranties

provided in subsection (a) or (b) of this section, and has the

rights and privileges of a purchaser under this section. The

warranties of and in favor of the broker acting as an agent are in

addition to applicable warranties given by and in favor of the

customer.
Okla. Stat. tit. 12, § 12-1148.14 — OK Code / Title 12 / Section 12-1148.14
Forcible entry and detainer action not exceeding
Status: in_force

jurisdictional amount for small claims court - Small claims docket.

An action for forcible entry and detainer brought pursuant to

procedures prescribed otherwise in this title standing alone or when

joined with a claim for recovery of rent, damages to the premises,

or a claim arising under the Oklahoma Residential Landlord and

Tenant Act, where the total recovery sought, exclusive of attorney's

fees and other court costs, does not exceed the jurisdictional

amount for the small claims court, shall be placed on the small

claims docket of the district court. The district courts may

provide by court rule that any action for forcible entry and

detainer may be assigned to the small claims division for

determination of the right to possession, regardless of the

Oklahoma Statutes - Title 12. Civil Procedure Page 229

underlying amount in controversy, at the conclusion of which, the

matter shall be returned to the assigned judge for further

proceedings. The court clerk shall in connection with such actions

prepare the affidavit, by which the action is commenced, and the

summons, and generally assist unrepresented plaintiffs to the same

extent that he is now required so to do under the Small Claims

Procedure Act, Section 1751 et seq. of this title.
Okla. Stat. tit. 12A, § 12A-2-306 — OK Code / Title 12A / Section 12A-2-306
Output, Requirements and Exclusive Dealings
Status: in_force

(1) A term which measures the quantity by the output of the

seller or the requirements of the buyer means such actual output or

requirements as may occur in good faith, except that no quantity

unreasonably disproportionate to any stated estimate or in the

absence of a stated estimate to any normal or otherwise comparable

prior output or requirements may be tendered or demanded.

(2) A lawful agreement by either the seller or the buyer for

exclusive dealing in the kind of goods concerned imposes unless

otherwise agreed an obligation by the seller to use best efforts to

supply the goods and by the buyer to use best efforts to promote

their sale.
Okla. Stat. tit. 12, § 12-2023 — OK Code / Title 12 / Section 12-2023
Class actions
Status: in_force

CLASS ACTIONS

A. PREREQUISITES TO A CLASS ACTION. One or more members of a

class may sue or be sued as representative parties on behalf of all

only if:

1. The class is so numerous that joinder of all members is

impracticable;

2. There are questions of law or fact common to the class;

3. The claims or defenses of the representative parties are

typical of the claims or defenses of the class; and

4. The representative parties will fairly and adequately

protect the interests of the class.

B. CLASS ACTIONS MAINTAINABLE. An action may be maintained as

a class action if the prerequisites of subsection A of this section

are satisfied, if the petition in the class action contains factual

allegations sufficient to demonstrate a plausible claim for relief

and:

1. The prosecution of separate actions by or against individual

members of the class would create a risk of:

a. inconsistent or varying adjudications with respect to

individual members of the class which would establish

incompatible standards of conduct for the party

opposing the class, or

b. adjudications with respect to individual members of

the class which would as a practical matter be

Oklahoma Statutes - Title 12. Civil Procedure Page 420

dispositive of the interests of the other members not

parties to the adjudications or substantially impair

or impede their ability to protect their interests; or

2. The party opposing the class has acted or refused to act on

grounds generally applicable to the class, thereby making

appropriate final injunctive relief or corresponding declaratory

relief with respect to the class as a whole; or

3. The court finds that the questions of law or fact common to

the members of the class predominate over any questions affecting

only individual members, and that a class action is superior to

other available methods for the fair and efficient adjudication of

the controversy. The matters pertinent to the findings include:

a. the interest of members of the class in individually

controlling the prosecution or defense of separate

actions,

b. the extent and nature of any litigation concerning the

controversy already commenced by or against members of

the class,

c. the desirability or undesirability of concentrating

the litigation of the claims in the particular forum,

and

d. the difficulties likely to be encountered in the

management of a class action.

C. DETERMINATION BY ORDER WHETHER CLASS ACTION TO BE

MAINTAINED; NOTICE; JUDGMENT; ACTIONS CONDUCTED PARTIALLY AS CLASS

ACTIONS.

1. As soon as practicable after the commencement of an action

brought as a class action, the court shall determine by order

whether it is to be so maintained. An order entered on or after

November 1, 2011, that certifies a class action shall define the

class and the class claims, issues or defenses, and shall appoint

class counsel under subsection F of this section. An order under

this subsection may be conditional, and may be altered or amended

before the decision on the merits.

2. The order described in paragraph 1 of this subsection shall

be subject to a de novo standard of review by any appellate court

reviewing the order. While the appeal of the order on class

certification is pending, the trial court shall retain sufficient

jurisdiction over the case to consider and implement a settlement of

the action should one be reached between the parties and discovery

as to the class claims shall be stayed pending resolution of the

appeal.

3. For any class certified under paragraph 1 or 2 of subsection

B of this section, the court may direct appropriate notice to the

class.

4. In any class action maintained under paragraph 3 of

subsection B of this section, the court shall direct to the members

Oklahoma Statutes - Title 12. Civil Procedure Page 421

of the class the best notice practicable under the circumstances,

including individual notice to all members who can be identified

through reasonable effort. The notice shall clearly and concisely

state in plain, easily understood language:

a. the nature of the action,

b. the definition of the class certified,

c. the class claims, issues or defenses,

d. that a class member may enter an appearance through an

attorney if the member so desires,

e. that the court will exclude the member from the class

if the member so requests by a specified date,

f. that the judgment, whether favorable or not, will

include all members who do not request exclusion, and

g. that any member who does not request exclusion may, if

the member desires, enter an appearance through

counsel.

Members to whom individual notice is not directed shall be given

notice in such manner as the court shall direct, which may include

publishing notice in newspapers, magazines, trade journals or other

publications, posting it in appropriate places, and taking other

steps that are reasonably calculated to bring the notice to the

attention of such members, provided that the cost of giving such

notice shall be reasonable in view of the amounts that may be

recovered by the class members who are being notified. Members to

whom individual notice was not directed may request exclusion from

the class at any time before the issue of liability is determined,

and commencing an individual action before the issue of liability is

determined shall be the equivalent of requesting exclusion from the

class.

5. The judgment in an action maintained as a class action under

paragraph 1 or 2 of subsection B of this section, whether or not

favorable to the class, shall include and describe those whom the

court finds to be members of the class. The judgment in an action

maintained as a class action under paragraph 3 of subsection B of

this section, whether or not favorable to the class, shall include

and specify or describe those to whom the notice provided in

paragraph 4 of this subsection was directed, and who have not

requested exclusion, and whom the court finds to be members of the

class.

6. When appropriate:

a. an action may be brought or maintained as a class

action with respect to particular issues, or

b. a class may be divided into subclasses and each

subclass treated as a class.

The provisions of this section shall then be construed and applied

accordingly.

Oklahoma Statutes - Title 12. Civil Procedure Page 422

D. ORDERS IN CONDUCT OF ACTIONS. In the conduct of actions to

which this section applies, the court may make appropriate orders:

1. Determining the course of proceedings or prescribing

measures to prevent undue repetition or complication in the

presentation of evidence or argument;

2. Requiring, for the protection of the members of the class or

otherwise for the fair conduct of the action, that notice be given

in such manner as the court may direct to some or all of the members

of any step in the action, or of the proposed extent of the

judgment, or of the opportunity of members to signify whether they

consider the representation fair and adequate, to intervene and

present claims or defenses, or otherwise to come into the action;

3. For actions filed after November 1, 2011, class membership

shall be limited, unless otherwise agreed to by the defendant, only

to individuals or entities who are:

a. residents of this state, or

b. nonresidents of this state who:

(1) own an interest in property located in this state

where the property is relevant to the class

action, or

(2) have a significant portion of the nonresident's

cause of action arising from conduct occurring

within the state;

4. Requiring, for the sole purpose of class notice upon

certification of a class, that parties to the action provide such

names and addresses of potential members of the class as they

possess, subject to an appropriate protective order;

5. Imposing conditions on the representative parties or on

intervenors;

6. Requiring that the pleadings be amended to eliminate

therefrom allegations as to representation of absent persons, and

that the action proceed accordingly; and

7. Dealing with similar procedural matters.

The orders may be combined with an order under Section 2016 of this

title and may be altered or amended as may be desirable from time to

time.

E. DISMISSAL OR COMPROMISE. The claims, issues or defenses of

a certified class may be settled, voluntarily dismissed, or

compromised only with the court’s approval. For motions filed after

November 1, 2011, the following procedures apply to a proposed

settlement, voluntary dismissal, or compromise:

1. The court shall direct notice in a reasonable manner to all

class members who would be bound by the proposal;

2. If the proposal would bind class members, the court may

approve it only after a hearing and on finding that it is fair,

reasonable and adequate;

Oklahoma Statutes - Title 12. Civil Procedure Page 423

3. The parties seeking approval shall file a statement

identifying any agreement made in connection with the proposal;

4. If the class action was previously certified under paragraph

3 of subsection B of this section, the court may refuse to approve a

settlement unless it affords a new opportunity to request exclusion

to individual class members who had an earlier opportunity to

request exclusion but did not do so; and

5. Any class member may object to the proposal if it requires

court approval under this subsection.

F. CLASS COUNSEL. 1. Unless a statute provides otherwise, a

court that certifies a class shall appoint class counsel. In

appointing class counsel after November 1, 2011, the court:

a. shall consider:

(1) the work counsel has done in identifying or

investigating potential claims in the action,

(2) counsel’s experience in handling class actions,

other complex litigation, and the types of claims

asserted in the action,

(3) counsel’s knowledge of the applicable law, and

(4) the resources that counsel will commit to

representing the class,

b. may consider any other matter pertinent to counsel’s

ability to fairly and adequately represent the

interests of the class,

c. may order potential class counsel to provide

information on any subject pertinent to the

appointment and to propose terms for attorney fees or

nontaxable costs,

d. may include in the appointing order provisions about

the award of attorney fees or nontaxable costs, and

e. may make further orders in connection with the

appointment.

2. When one applicant seeks appointment as class counsel, the

court may appoint that applicant only if the applicant is adequate

under paragraphs 1 and 4 of this subsection. If more than one

adequate applicant seeks appointment, the court shall appoint the

applicant best able to represent the interests of the class.

3. The court may designate interim counsel to act on behalf of

a putative class before determining whether to certify the action as

a class action.

4. Class counsel shall fairly and adequately represent the

interests of the class.

G. ATTORNEY FEES AND NONTAXABLE COSTS. 1. In a certified

class action, the court may award reasonable attorney fees and

nontaxable costs that are authorized by law or by the parties’

agreement.

Oklahoma Statutes - Title 12. Civil Procedure Page 424

2. A claim for an award shall be made by motion, subject to the

provisions of this subsection, at a time set by the court. Notice

of the motion shall be served on all parties and, for motions by

class counsel, directed to class members in a reasonable manner.

3. A class member, or a party from whom payment is sought, may

object to the motion.

4. In considering a motion for attorney fees filed after the

effective date of this act:

a. the court shall conduct an evidentiary hearing to

determine a fair and reasonable fee for class counsel,

b. the court shall act in a fiduciary capacity on behalf

of the class in making such determination,

c. the court may appoint an attorney to represent the

class upon the request by any members of the class in

a hearing on the issue of the amount of attorney fees

or the court may refer the matter to a referee

pursuant to Section 613 et seq. of this title,

d. if the court appoints an attorney to represent the

class for the fee hearing pursuant to subparagraph c

of this paragraph or refers the matter to a referee,

the attorney or referee shall be independent of the

attorney or attorneys seeking attorney fees in the

class action, and said independent attorney or referee

shall be awarded reasonable fees by the court on an

hourly basis out of the proceeds awarded to the class,

e. in arriving at a fair and reasonable fee for class

counsel, the court shall consider the following

factors:

(1) time and labor required,

(2) the novelty and difficulty of the questions

presented by the litigation,

(3) the skill required to perform the legal service

properly,

(4) the preclusion of other employment by the

attorney due to acceptance of the case,

(5) the customary fee,

(6) whether the fee is fixed or contingent,

(7) time limitations imposed by the client or the

circumstances,

(8) the amount in controversy and the results

obtained,

(9) the experience, reputation and ability of the

attorney,

(10) whether or not the case is an undesirable case,

(11) the nature and length of the professional

relationship with the client,

(12) awards in similar causes, and

Oklahoma Statutes - Title 12. Civil Procedure Page 425

(13) the risk of recovery in the litigation, and

f. if any portion of the benefits recovered for the class

in an action maintained pursuant to paragraph 3 of

subsection B of this section are in the form of

coupons, discounts on future goods or services or

other similar types of noncash common benefits, the

attorney fees awarded in the class action shall be in

cash and noncash amounts in the same proportion as the

recovery for the class.
Okla. Stat. tit. 12A, § 12A-4-104 — OK Code / Title 12A / Section 12A-4-104
Definitions and Index of Definitions
Status: in_force

DEFINITIONS AND INDEX OF DEFINITIONS

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

(1) "Account" means any deposit or credit account with a bank,

including a demand, time, savings, passbook, share draft, or like

account, other than an account evidenced by a certificate of

deposit;

(2) "Afternoon" means the period of a day between noon and

midnight;

(3) "Banking day" means the part of a day on which a bank is

open to the public for carrying on substantially all of its banking

functions;

(4) "Clearing house" means an association of banks or other

payors regularly clearing items;

(5) "Customer" means a person having an account with a bank or

for whom a bank has agreed to collect items, including a bank that

maintains an account at another bank;

(6) "Documentary draft" means a draft to be presented for

acceptance or payment if specified documents, certified securities

(Section 8-102 of this title) or instructions for uncertificated

securities (Section 8-102 of this title) or other certificates,

statements, or the like are to be received by the drawee or other

payor before acceptance or payment of the draft;

(7) "Draft" means a draft as defined in Section 3-104 of this

title or an item, other than an instrument, that is an order;

(8) "Drawee" means a person ordered in a draft to make payment;

(9) "Item" means an instrument or a promise or order to pay

money handled by a bank for collection or payment. The term does

not include a payment order governed by Article 4A of this title or

a credit or debit card slip;

(10) "Midnight deadline" with respect to a bank is midnight on

its next banking day following the banking day on which it receives

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 332

the relevant item or notice or from which the time for taking action

commences to run, whichever is later;

(11) "Settle" means to pay in cash, by clearing-house

settlement, in a charge or credit or by remittance, or otherwise as

agreed. A settlement may be either provisional or final; and

(12) "Suspends payments" with respect to a bank means that it

has been closed by order of the supervisory authorities, that a

public officer has been appointed to take it over or that it ceases

or refuses to make payments in the ordinary course of business.

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

of this title in which they appear are:

"Agreement for electronic presentment" Section 4-110.

"Collecting bank" Section 4-105.

"Depositary bank" Section 4-105.

"Intermediary bank" Section 4-105.

"Payor bank" Section 4-105.

"Presenting bank" Section 4-105.

"Presentment Notice" Section 4-110.

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

the following definitions in other articles of this title apply to

this article:

"Acceptance" Section 3-409.

"Alteration" Section 3-407.

"Cashier's check" Section 3-104.

"Certificate of deposit" Section 3-104.

"Certified check" Section 3-409.

"Check" Section 3-104.

"Draft" Section 3-104.

"Good faith" Section 3-103.

"Holder in due course" Section 3-302.

"Instrument" Section 3-104.

"Notice of dishonor" Section 3-503.

"Order" Section 3-103.

"Ordinary care" Section 3-103.

"Person entitled to enforce" Section 3-301.

"Presentment" Section 3-501.

"Promise" Section 3-103.

"Prove" Section 3-103.

“Record” Section 3-103

"Teller's check" Section 3-104.

"Unauthorized signature" Section 3-403.

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

definitions and principles of construction and interpretation

applicable throughout this article.
Okla. Stat. tit. 12A, § 12A-3-409 — OK Code / Title 12A / Section 12A-3-409
Acceptance of Draft; Certified Check
Status: in_force

ACCEPTANCE OF DRAFT; CERTIFIED CHECK

(a) "Acceptance" means the drawee's signed agreement to pay a

draft as presented. It must be written on the draft and may consist

of the drawee's signature alone. Acceptance may be made at any time

and becomes effective when notification pursuant to instructions is

given or the accepted draft is delivered for the purpose of giving

rights on the acceptance to any person.

(b) A draft may be accepted although it has not been signed by

the drawer, is otherwise incomplete, is overdue, or has been

dishonored.

(c) If a draft is payable at a fixed period after sight and the

acceptor fails to date the acceptance, the holder may complete the

acceptance by supplying a date in good faith.

(d) "Certified check" means a check accepted by the bank on

which it is drawn. Acceptance may be made as stated in subsection

(a) of this section or by a writing on the check which indicates

that the check is certified. The drawee of a check has no

obligation to certify the check, and refusal to certify is not

dishonor of the check.
Okla. Stat. tit. 12, § 12-928 — OK Code / Title 12 / Section 12-928
Costs to successful plaintiff as matter of course
Status: in_force

Where it is not otherwise provided by this and other statutes,

costs shall be allowed of course to the plaintiff, upon a judgment

in his favor, in actions for the recovery of money only, or for the

recovery of specific, real or personal property.

R.L. 1910, § 5229.
Okla. Stat. tit. 12, § 12-775 — OK Code / Title 12 / Section 12-775
Execution on judgment in favor of state - Purchase by
Status: in_force

state - Resale - Disposition of funds received.

In all civil actions wherein the State of Oklahoma, as

plaintiff, has heretofore or may hereafter recover judgment, and

where, in any such action an execution has or may be issued, the

State of Oklahoma, through the officer or officers on whose relation

the action was brought, may bid at such execution sale, and buy said

property offered for sale, for any amount not to exceed the amount

of the judgment in such action, said amount to be credited upon the

judgment.

And further, when such property offered for sale at execution is

bought by the State of Oklahoma, said property may be sold for the

state by the officer or officers upon whose relation the state was

party plaintiff, and further provided that at such execution sales

the attorney or attorneys representing the State of Oklahoma may bid

for the state, not to exceed the amount of the judgment, provided,

however, that said bid is not more than One Hundred Dollars

($100.00) higher than the next best bid, and if there be no other

bidder, then not to exceed One Hundred Dollars ($100.00).

And further provided that in disposing of such property so

acquired, if it be personal property the officer or successor of the

officer upon whose relation the State of Oklahoma was plaintiff may

sell said property by executing a good and sufficient bill of sale,

to be attested by the Secretary of State. And in disposing of real

property so acquired or any interest or equity therein, the officer

or successor in office on whose relation the state was party

plaintiff may execute in the name of the State of Oklahoma by said

officer a good and sufficient deed, to be attested by the Secretary

of the State of Oklahoma. Provided, however, that in no event shall

any sale be valid under this act for any amount less than the amount

for which said property was originally bid in by the state. The

funds obtained upon the sale of any such property shall be placed in

the fund for which the judgment was obtained.
Okla. Stat. tit. 12, § 12-35.1 — OK Code / Title 12 / Section 12-35.1
Court clerk may process passports - Election - Passport
Status: in_force

fees.

A. The duties of the court clerk may include processing of

passports as permitted and prescribed by federal law and regulation

if the court clerk files a written election with the Administrative

Office of the Courts to process passports. Upon the filing of the

election to process passports as an official duty and service, the

court clerk shall execute all passport applications presented.

B. Amounts collected pursuant to subsection A of this section

shall be retained by the court clerk and deposited in the Court

Clerk's Revolving Fund pursuant to the provisions of Section 220 of

Title 19 of the Oklahoma Statutes.
Okla. Stat. tit. 12, § 12-654 — OK Code / Title 12 / Section 12-654
Application, how made - Affidavits
Status: in_force

A. The application for a new trial by motion must be upon

written grounds filed at the time of making the motion.

B. The application for a new trial by petition must be filed in

conformance with Section 655 of this title. The causes enumerated

in paragraphs 2, 3, 7, and 9 of Section 651 of this title must be

sustained by affidavits, showing their truth, and may be

controverted by affidavits.

R.L. 1910, § 5036. Amended by Laws 1999, c. 293, § 5, eff. Nov. 1,

1999.
Okla. Stat. tit. 12A, § 12A-1-9-624 — OK Code / Title 12A / Section 12A-1-9-624
Waiver
Status: in_force

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 156

WAIVER

(a) A debtor or secondary obligor may waive the right to

notification of disposition of collateral under Section 1-9-611 of

this title only by an agreement to that effect entered into and

signed after default.

(b) A debtor may waive the right to require disposition of

collateral under subsection (e) of Section 1-9-620 of this title

only by agreement to that effect entered into and signed after

default.

(c) Except in a consumer-goods transaction, a debtor or

secondary obligor may waive the right to redeem collateral under

Section 1-9-623 of this title only by an agreement to that effect

entered into and signed after default.
Okla. Stat. tit. 12, § 12-1053 — OK Code / Title 12 / Section 12-1053
Wrongful death - Limitation of actions - Damages
Status: in_force

A. When the death of one is caused by the wrongful act or

omission of another, the personal representative of the former may

maintain an action therefor against the latter, or his or her

personal representative if he or she is also deceased, if the former

might have maintained an action, had he or she lived, against the

latter, or his or her representative, for an injury for the same act

or omission. The action must be commenced within two (2) years.

B. The damages recoverable in actions for wrongful death as

provided in this section shall include the following:

1. Medical and burial expenses, which shall be distributed to

the person or governmental agency as defined in Section 5051.1 of

Oklahoma Statutes - Title 12. Civil Procedure Page 203

Title 63 of the Oklahoma Statutes who paid these expenses, or to the

decedent's estate if paid by the estate. The provisions of this

paragraph shall not apply to the cost of an abortion in actions

maintained pursuant to subsection F of this section;

2. The loss of consortium and the grief of the surviving

spouse, which shall be distributed to the surviving spouse;

3. The mental pain and anguish suffered by the decedent, which

shall be distributed to the surviving spouse and children, if any,

or next of kin in the same proportion as personal property of the

decedent. For the purposes of actions maintained pursuant to

subsection F of this section, "next of kin" as used in this

paragraph shall mean the parent or grandparent who maintained the

action as provided for in paragraph 3 of subsection F of this

section;

4. The pecuniary loss to the survivors based upon properly

admissible evidence with regard thereto including, but not limited

to, the age, occupation, earning capacity, health habits, and

probable duration of the decedent's life, which must inure to the

exclusive benefit of the surviving spouse and children, if any, or

next of kin, and shall be distributed to them according to their

pecuniary loss. For the purposes of actions maintained pursuant to

subsection F of this section, "next of kin" as used in this

paragraph shall mean the parent or grandparent who maintained the

action as provided for in paragraph 3 of subsection F of this

section; and

5. The grief and loss of companionship of the children and

parents of the decedent, which shall be distributed to them

according to their grief and loss of companionship.

C. In proper cases, as provided by Section 9.1 of Title 23 of

the Oklahoma Statutes, punitive or exemplary damages may also be

recovered against the person proximately causing the wrongful death

or the person's representative if such person is deceased. Such

damages, if recovered, shall be distributed to the surviving spouse

and children, if any, or next of kin in the same proportion as

personal property of the decedent. For the purposes of actions

maintained pursuant to subsection F of this section, "next of kin"

as used in this paragraph shall mean the parent or grandparent who

maintained the action as provided for in paragraph 3 of subsection F

of this section.

D. Where the recovery is to be distributed according to a

person's pecuniary loss or loss of companionship, the judge shall

determine the proper division.

E. The above-mentioned distributions shall be made after the

payment of legal expenses and costs of the action.

F. 1. The provisions of this section shall also be available

for the death of an unborn person as defined in Section 1-730 of

Title 63 of the Oklahoma Statutes.

Oklahoma Statutes - Title 12. Civil Procedure Page 204

2. The provisions of this subsection shall apply to acts which

cause the death of an unborn person in utero if:

a. the physician who performed the abortion or the

referring physician fails to obtain and document the

voluntary and informed consent of the pregnant woman

pursuant to Section 1-738.2 of Title 63 of the

Oklahoma Statutes,

b. the pregnant woman withdraws her consent to the

abortion prior to performance of the abortion,

c. the pregnant woman undergoes the abortion due to

coercion from a third party,

d. the physician fails to obtain and document proof of

age demonstrating that the pregnant woman is not a

minor, or, in the case of a minor, fails to obtain:

(1) parental consent to the abortion pursuant to

Section 1-740.2 of Title 63 of the Oklahoma

Statutes,

(2) proof that the pregnant woman, although a minor,

is emancipated, or

(3) judicial authorization of the abortion without

parental notification pursuant to Section 1-740.3

of Title 63 of the Oklahoma Statutes,

e. the physician who performed the abortion causes the

woman physical or psychological harm, the possibility

of which she did not foresee or was not informed of at

the time of her consent,

f. the physician who performed the abortion fails to

screen the pregnant woman and document such screening

for risk factors associated with a heightened risk of

adverse consequences from abortion which a reasonably

prudent physician would screen for,

g. the physician fails to screen the pregnant woman and

document such screening for physical or psychological

impairment of judgment due to factors including, but

not limited to, drugs, alcohol, illness or fatigue,

h. the physician fraudulently induces the pregnant woman

to obtain the abortion or gives misleading or false

information in response to a pregnant woman's inquiry,

or

i. there exist any other circumstances which violate

state law.

The provisions of this paragraph shall not be construed to apply

to cases in which a physician licensed to practice medicine in this

state attempts, in a reasonably prudent manner, to prevent the death

of an unborn person or a pregnant woman.

3. A parent or grandparent of the deceased unborn person is

entitled to maintain an action against the physician who caused the

Oklahoma Statutes - Title 12. Civil Procedure Page 205

death of an unborn person under the conditions provided by

subparagraphs a through i of paragraph 2 of this subsection;

provided, however, the parent or grandparent may not maintain such

action if the parent or grandparent coerced the mother of the unborn

person to abort the unborn person.

4. Liability for wrongful death by the physician under this

section shall not be waived by the pregnant woman prior to

performance of the abortion. A physician shall not request, orally,

on a written form or in any other manner, that the pregnant woman

waive the liability of the physician for wrongful death related to

the abortion as a condition of performing an abortion.

5. Under no circumstances shall the mother of the unborn person

be found liable for causing the death of the unborn person unless

the mother has committed a crime that caused the death of the unborn

person.

R.L. 1910, § 5281. Amended by Laws 1925, c. 125, p. 177, § 1; Laws

1943, p. 35, § 1, emerg. eff. April 13, 1943; Laws 1978, c. 106, §

1, eff. Oct. 1, 1978; Laws 1979, c. 235, § 1, eff. Oct. 1, 1979;
Okla. Stat. tit. 12, § 12-1581 — OK Code / Title 12 / Section 12-1581
Order to different counties - Separate and successive
Status: in_force

orders.

An order may be directed to any other county than the one in

which the action is brought, for the delivery of the property

claimed. Several orders may issue at the same time, or

successively, at the option of the plaintiff; but only one of them

shall be taxed in the costs, unless otherwise ordered by the court.

R.L. 1910, § 4808.
Okla. Stat. tit. 12, § 12-68 — OK Code / Title 12 / Section 12-68
Appearance bond - Application of penalty - Right to
Status: in_force

enforce.

If a bench warrant or command to enforce a court order by body

attachment is issued in a case for divorce, legal separation,

annulment or alimony, or in any civil proceeding in which a judgment

debtor is summoned to answer as to assets, and the person arrested,

pursuant to the authority of such process, makes a bond for his

appearance at the time of trial or other proceeding in the case, the

bond made shall be disbursed by the court clerk upon order of the

court to the party in the suit who has procured the bench warrant or

command for body attachment rather than to the State of Oklahoma.

The penalty on the bond, or any part thereof, shall, when recovered,

first be applied to discharge the obligation adjudicated in the case

in which the bond was posted. The party who is the obligee on such

bond shall have the right to enforce its penalty to the same extent

and in the same manner as the state may enforce the penalty on a

forfeited bail bond.
Okla. Stat. tit. 12A, § 12A-2-102 — OK Code / Title 12A / Section 12A-2-102
Scope; Certain Security and Other Transactions Excluded
Status: in_force

from this Article.

Scope; Certain Security and Other Transactions Excluded from

this Article.

(a) Unless the context otherwise requires, and except as

provided in subsection (c) of this section, this article applies to

transactions in goods and, in the case of a hybrid transaction, it

applies to the extent provided in subsection (b) of this section.

(b) In a hybrid transaction:

(1) If the sale-of-goods aspects do not predominate, only the

provisions of this article which relate primarily to the sale-of-

goods aspects of the transaction apply, and the provisions that

relate primarily to the transaction as a whole do not apply.

(2) If the sale-of-goods aspects predominate, this article

applies to the transaction but does not preclude application, in

appropriate circumstances, of other law to aspects of the

transaction which do not relate to the sale of goods.

(c) This article does not:

(1) Apply to a transaction that, even though in the form of an

unconditional contract to sell or present sale, operates only to

create a security interest; or

(2) Impair or repeal a statute regulating sales to consumers,

farmers, or other specified classes of buyers.
Okla. Stat. tit. 12A, § 12A-5-107 — OK Code / Title 12A / Section 12A-5-107
Confirmer, Nominated Person, and Adviser
Status: in_force

Confirmer, Nominated Person, and Adviser.

(a) A confirmer is directly obligated on a letter of credit and

has the rights and obligations of an issuer to the extent of its

confirmation. The confirmer also has rights against and obligations

to the issuer as if the issuer were an applicant and the confirmer

had issued the letter of credit at the request and for the account

of the issuer.

(b) A nominated person who is not a confirmer is not obligated

to honor or otherwise give value for a presentation.

(c) A person requested to advise may decline to act as an

adviser. An adviser that is not a confirmer is not obligated to

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 385

honor or give value for a presentation. An adviser undertakes to

the issuer and to the beneficiary accurately to advise the terms of

the letter of credit, confirmation, amendment, or advice received by

that person and undertakes to the beneficiary to check the apparent

authenticity of the request to advise. Even if the advice is

inaccurate, the letter of credit, confirmation, or amendment is

enforceable as issued.

(d) A person who notifies a transferee beneficiary of the terms

of a letter of credit, confirmation, amendment, or advice has the

rights and obligations of an adviser under subsection (c) of this

section. The terms in the notice to the transferee beneficiary may

differ from the terms in any notice to the transferor beneficiary to

the extent permitted by the letter of credit, confirmation,

amendment, or advice received by the person who so notifies.
Okla. Stat. tit. 12, § 12-2004 — OK Code / Title 12 / Section 12-2004
Process
Status: in_force

PROCESS

A. SUMMONS: ISSUANCE. Upon filing of the petition, the clerk

shall forthwith issue a summons. Upon request of the plaintiff

separate or additional summons shall issue against any defendants.

B. SUMMONS: FORM.

1. The summons shall be signed by the clerk, be under the seal

of the court, contain the name of the court and the names of the

parties, be directed to the defendant, state the name and address of

the plaintiff's attorney, if any, otherwise, the plaintiff's

address, and the time within which these rules require the defendant

to appear and defend, and shall notify the defendant that in case of

failure to appear, judgment by default will be rendered against the

defendant for the relief demanded in the petition.

2. A judgment by default shall not be different in kind from or

exceed in amount that prayed for in either the demand for judgment

or in cases not sounding in contract in a notice which has been

given the party against whom default judgment is sought. Except as

to a party against whom a judgment is entered by default, every

final judgment shall grant the relief to which the party in whose

favor it is rendered is entitled, even if the party has not demanded

such relief in his or her pleadings.

C. BY WHOM SERVED: PERSON TO BE SERVED.

1. SERVICE BY PERSONAL DELIVERY.

a. At the election of the plaintiff, process, other than

a subpoena, shall be served by a sheriff or deputy

sheriff, a person licensed to make service of process

in civil cases or a person specially appointed for

that purpose. The court shall freely make special

appointments to serve all process, other than a

subpoena, under this paragraph.

b. A summons to be served by the sheriff or deputy

sheriff shall be delivered to the sheriff by the court

clerk or an attorney of record for the plaintiff.

When a summons, subpoena or other process is to be

served by the sheriff or deputy sheriff of another

county, the court clerk shall mail it, together with

the voucher of the court clerk for the fees collected

for the service, to the sheriff of that county. The

sheriff shall deposit the voucher in the Sheriff's

Service Fee Account created pursuant to Section 514.1

of Title 19 of the Oklahoma Statutes. The sheriff or

deputy sheriff shall serve the process in the manner

that other process issued out of the court of the

sheriff's own county is served. A summons to be

served by a person licensed to make service of process

in civil cases or by a person specially appointed for

Oklahoma Statutes - Title 12. Civil Procedure Page 375

that purpose shall be delivered by an attorney of

record for the plaintiff to such person.

c. Service shall be made as follows:

(1) upon an individual other than an infant who is

less than fifteen (15) years of age or an

incompetent person, by delivering a copy of the

summons and of the petition personally or by

leaving copies thereof at the person's dwelling

house or usual place of abode with some person

then residing therein who is fifteen (15) years

of age or older, by delivering a copy of the

summons and of the petition to an agent

authorized by appointment or by law to receive

service of process, or by delivering a copy of

the summons and of the petition personally or by

leaving copies thereof at an agreed meeting place

with some person then residing at the person's

dwelling house or usual place of abode,

(2) upon an infant who is less than fifteen (15)

years of age, by serving the summons and petition

personally and upon either of the infant's

parents or guardian, or if they cannot be found,

then upon the person having the care or control

of the infant or with whom the infant lives; and

upon an incompetent person by serving the summons

and petition personally and upon the incompetent

person's guardian,

(3) upon a domestic or foreign corporation or upon a

partnership or other unincorporated association

which is subject to suit under a common name, by

delivering a copy of the summons and of the

petition to an officer, a managing or general

agent or to any other agent authorized by

appointment or by law to receive service of

process and, if the agent is one authorized by

statute to receive service and the statute so

requires, by also mailing a copy to the

defendant,

(4) upon the United States or an officer or agency

thereof in the manner specified by Federal Rule

of Civil Procedure 4,

(5) upon a state, county, school district, public

trust or municipal corporation or other

governmental organization thereof subject to

suit, by delivering a copy of the summons and of

the petition to the officer or individual

designated by specific statute; however, if there

Oklahoma Statutes - Title 12. Civil Procedure Page 376

is no statute, then upon the chief executive

officer or a clerk, secretary or other official

whose duty it is to maintain the official records

of the organization,

(6) upon an inmate incarcerated in an institution

under the jurisdiction and control of the

Department of Corrections, by delivering a copy

of the summons and of the petition to the warden

or superintendent or the designee of the warden

or superintendent of the institution where the

inmate is housed. It shall be the duty of the

receiving warden or superintendent or a designee

to promptly deliver the summons and petition to

the inmate named therein. The warden or

superintendent or his or her designee shall

reject service of process for any inmate who is

not actually present in the institution, and

(7) upon an inmate incarcerated in a county jail or

detention center under the jurisdiction and

control of the county sheriff or the jail trust

of the county, by delivering a copy of the

summons and of the petition to the jail or

detention center administrator or the designee of

such administrator of the jail or detention

center where the inmate is housed. It shall be

the duty of the receiving jail or detention

center administrator or designee to promptly

deliver the summons and petition to the inmate

named therein. The jail or detention center

administrator or designee shall reject service of

process for any inmate who is not actually

present in the jail or detention center.

2. SERVICE BY MAIL.

a. At the election of the plaintiff, a summons and

petition may be served by mail by the plaintiff's

attorney, any person authorized to serve process

pursuant to subparagraph a of paragraph 1 of this

subsection or by the court clerk upon a defendant of

any class referred to in division (1), (3) or (5) of

subparagraph c of paragraph 1 of this subsection.

Service by mail shall be effective on the date of

receipt or if refused, on the date of refusal of the

summons and petition by the defendant.

b. Service by mail shall be accomplished by mailing a

copy of the summons and petition by certified mail,

return receipt requested and delivery restricted to

the addressee. When there is more than one defendant,

Oklahoma Statutes - Title 12. Civil Procedure Page 377

the summons and a copy of the petition or order shall

be mailed in a separate envelope to each defendant.

If the summons is to be served by mail by the court

clerk, the court clerk shall enclose the summons and a

copy of the petition or order of the court to be

served in an envelope, prepared by the plaintiff,

addressed to the defendant, or to the resident service

agent if one has been appointed. The court clerk

shall prepay the postage and mail the envelope to the

defendant, or service agent, by certified mail, return

receipt requested and delivery restricted to the

addressee. The return receipt shall be prepared by

the plaintiff. Service by mail to a garnishee shall

be accomplished by mailing a copy of the summons and

notice by certified mail, return receipt requested,

and at the election of the judgment creditor by

restricted delivery, to the addressee.

c. Service by mail shall not be the basis for the entry

of a default or a judgment by default unless the

record contains a return receipt showing acceptance by

the defendant or a returned envelope showing refusal

of the process by the defendant. Acceptance or

refusal of service by mail 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 or refusal by the party

addressed. In the case of an entity described in

division (3) of subparagraph c of paragraph 1 of this

subsection, acceptance or refusal 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 or refusal 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. In the case of a state municipal

corporation, or other governmental organization

thereof subject to suit, acceptance or refusal by an

employee of the office of the officials specified in

division (5) of subparagraph c of paragraph 1 of this

subsection who is authorized to or who regularly

receives certified mail shall constitute acceptance or

refusal by the party addressed. If delivery of the

process is refused, upon the receipt of notice of such

refusal and at least ten (10) days before applying for

entry of default, the person elected by plaintiff

Oklahoma Statutes - Title 12. Civil Procedure Page 378

pursuant to subparagraph a of this paragraph to serve

the process shall mail to the defendant by first-class

mail a copy of the summons and petition and a notice

prepared by the plaintiff that despite such refusal

the case will proceed and that judgment by default

will be rendered against him unless he appears to

defend the suit. Any default or judgment by default

shall be set aside upon motion of the defendant in the

manner prescribed in Section 1031.1 of this title, or

upon petition of the defendant in the manner

prescribed in Section 1033 of this title if the

defendant demonstrates to the court that the return

receipt was signed or delivery was refused by an

unauthorized person. A petition shall be filed within

one (1) year after the defendant has notice of the

default or judgment by default but in no event more

than two (2) years after the filing of the judgment.

3. SERVICE BY PUBLICATION.

a. Service of summons upon a named defendant may be made

by publication when it is stated in the petition,

verified by the plaintiff or the plaintiff's attorney

or in a separate affidavit by the plaintiff or the

plaintiff's attorney filed with the court, that with

due diligence service cannot be made upon the

defendant by any other method.

b. Service of summons upon the unknown successors of a

named defendant, a named decedent or a dissolved

partnership, corporation or other association may be

made by publication when it is stated in a petition,

verified by the plaintiff or the plaintiff's attorney

or in a separate affidavit by the plaintiff or the

plaintiff's attorney filed with the court, that the

person who verified the petition or the affidavit does

not know and with due diligence cannot ascertain the

following:

(1) whether a person named as defendant is living or

dead, and, if dead, the names or whereabouts of

the person's successors, if any,

(2) the names or whereabouts of the unknown

successors, if any, of a named decedent,

(3) whether a partnership, corporation or other

association named as a defendant continues to

have legal existence or not; or the names or

whereabouts of its officers or successors,

(4) whether any person designated in a record as a

trustee continues to be the trustee; or the names

Oklahoma Statutes - Title 12. Civil Procedure Page 379

or whereabouts of the successors of the trustee,

or

(5) the names or whereabouts of the owners or holders

of special assessment or improvement bonds, or

any other bonds, sewer warrants or tax bills.

c. Service pursuant to this paragraph shall be made by

publication of a notice, signed by the court clerk,

one (1) day a week for three (3) consecutive weeks in

a newspaper authorized by law to publish legal notices

which is published in the county where the petition is

filed. If no newspaper authorized by law to publish

legal notices is published in such county, the notice

shall be published in some such newspaper of general

circulation which is published in an adjoining county.

All named parties and their unknown successors who may

be served by publication may be included in one

notice. The notice shall state the court in which the

petition is filed and the names of the plaintiff and

the parties served by publication, and shall designate

the parties whose unknown successors are being served.

The notice shall also state that the named defendants

and their unknown successors have been sued and must

answer the petition on or before a time to be stated

(which shall not be less than forty-one (41) days from

the date of the first publication), or judgment, the

nature of which shall be stated, will be rendered

accordingly. If jurisdiction of the court is based on

property, any real property subject to the

jurisdiction of the court and any property or debts to

be attached or garnished must be described in the

notice.

(1) When the recovery of money is sought, it is not

necessary for the publication notice to state the

separate items involved, but the total amount

that is claimed must be stated. When interest is

claimed, it is not necessary to state the rate of

interest, the date from which interest is claimed

or that interest is claimed until the obligation

is paid.

(2) It is not necessary for the publication notice to

state that the judgment will include recovery of

costs in order for a judgment following the

publication notice to include costs of suit.

(3) In an action to quiet title to real property, it

is not necessary for the publication notice to

state the nature of the claim or interest of

either party, and in describing the nature of the

Oklahoma Statutes - Title 12. Civil Procedure Page 380

judgment that will be rendered should the

defendant fail to answer, it is sufficient to

state that a decree quieting plaintiff's title to

the described property will be entered. It is

not necessary to state that a decree forever

barring the defendant from asserting any interest

in or to the property is sought or will be

entered if the defendant does not answer.

(4) In an action to foreclose a mortgage, it is

sufficient that the publication notice state that

if the defendant does not answer, the defendant's

interest in the property will be foreclosed. It

is not necessary to state that a judgment forever

barring the defendant from all right, title,

interest, estate, property and equity of

redemption in or to the property or any part

thereof is requested or will be entered if the

defendant does not answer.

d. Service by publication is complete when made in the

manner and for the time prescribed in subparagraph c

of this paragraph. Service by publication shall be

proved by the affidavit of any person having knowledge

of the publication. No default judgment may be

entered on such service until proof of service by

publication is filed with and approved by the court.

e. Before entry of a default judgment or order against a

party who has been served solely by publication under

this paragraph, the court shall conduct an inquiry to

determine whether the plaintiff, or someone acting in

behalf of the plaintiff, made a distinct and

meaningful search of all reasonably available sources

to ascertain the whereabouts of any named parties who

have been served solely by publication under this

paragraph. Before entry of a default judgment or

order against the unknown successors of a named

defendant, a named decedent or a dissolved

partnership, corporation or association, the court

shall conduct an inquiry to ascertain whether the

requirements described in subparagraph b of this

paragraph have been satisfied.

f. A party against whom a default judgment or order has

been rendered, without other service than by

publication in a newspaper, may, at any time within

three (3) years after the filing of the judgment or

order, have the judgment or order set aside in the

manner prescribed in Sections 1031.1 and 1033 of this

title. Before the judgment or order is set aside, the

Oklahoma Statutes - Title 12. Civil Procedure Page 381

applicant shall notify the adverse party of the

intention to make an application and shall file a full

answer to the petition, pay all costs if the court

requires them to be paid and satisfy the court by

affidavit or other evidence that during the pendency

of the action the applicant had no actual notice

thereof in time to appear in court and make a defense.

The title to any property which is the subject of and

which passes to a purchaser in good faith by or in

consequence of the judgment or order to be opened

shall not be affected by any proceedings under this

subparagraph. Nor shall proceedings under this

subparagraph affect the title of any property sold

before judgment under an attachment. The adverse

party, on the hearing of an application to open a

judgment or order as provided by this subparagraph,

shall be allowed to present evidence to show that

during the pendency of the action the applicant had

notice thereof in time to appear in court and make a

defense.

g. The term "successors" includes all heirs, executors,

administrators, devisees, trustees and assigns,

immediate and remote, of a named individual,

partnership, corporation or association.

h. Service outside of the state does not give the court

in personal jurisdiction over a defendant who is not

subject to the jurisdiction of the courts of this

state or who has not, either in person or through an

agent, submitted to the jurisdiction of the courts of

this state.

4. SERVICE ON THE SECRETARY OF STATE.

a. Service of process on a domestic or foreign

corporation may be made by serving the Secretary of

State as the corporation's agent, if:

(1) there is no registered agent for the corporation

listed in the records of the Secretary of State,

or

(2) neither the registered agent nor an officer of

the corporation could be found at the registered

office of the corporation, when service of

process was attempted.

b. Before resorting to service on the Secretary of State

the plaintiff must have attempted service either in

person or by mail on the corporation at:

(1) the corporation's last-known address shown on the

records of the Franchise Tax Division of the

Oklahoma Statutes - Title 12. Civil Procedure Page 382

Oklahoma Tax Commission, if any is listed there,

and

(2) the corporation's last-known address shown on the

records of the Secretary of State, if any is

listed there, and

(3) the corporation's last address known to the

plaintiff.

If any of these addresses are the same, the plaintiff

is not required to attempt service more than once at

any address. The plaintiff shall furnish the

Secretary of State with a certified copy of the return

or returns showing the attempted service.

c. Service on the Secretary of State shall be made by

filing two (2) copies of the summons and petition with

the Secretary of State, notifying the Secretary of

State that service is being made pursuant to the

provisions of this paragraph, and paying the Secretary

of State the fee prescribed in paragraph 7 of

subsection A of Section 1142 of Title 18 of the

Oklahoma Statutes, which fee shall be taxed as part of

the costs of the action, suit or proceeding if the

plaintiff shall prevail therein. If a registered

agent for the corporation is listed in the records of

the Secretary of State, the plaintiff must also

furnish a certified copy of the return showing that

service on the registered agent has been attempted

either in person or by mail, and that neither the

registered agent nor an officer of the corporation

could be found at the registered office of the

corporation.

d. Within three (3) working days after receiving the

summons and petition, the Secretary of State shall

send notice by letter, certified mail, return receipt

requested, directed to the corporation at its

registered office or the last-known address found in

the office of the Secretary of State, or if no address

is found there, to the corporation's last-known

address provided by the plaintiff. The notice shall

enclose a copy of the summons and petition and any

other papers served upon the Secretary of State. The

corporation shall not be required to serve its answer

until forty (40) days after service of the summons and

petition on the Secretary of State.

e. Before entry of a default judgment or order against a

corporation that has been served by serving the

Secretary of State as its agent under this paragraph,

the court shall determine whether the requirements of

Oklahoma Statutes - Title 12. Civil Procedure Page 383

this paragraph have been satisfied. A default

judgment or order against a corporation that has been

served only by service on the Secretary of State may

be set aside upon motion of the corporation in the

manner prescribed in Section 1031.1 of this title, or

upon petition of the corporation in the manner

prescribed in Section 1033 of this title, if the

corporation demonstrates to the court that it had no

actual notice of the action in time to appear and make

its defense. A petition shall be filed within one (1)

year after the corporation has notice of the default

judgment or order but in no event more than two (2)

years after the filing of the default judgment or

order.

f. The Secretary of State shall maintain an alphabetical

record of service setting forth the name of the

plaintiff and defendant, the title, docket number and

nature of the proceeding in which the process has been

served upon the defendant, the fact that service has

been effected pursuant to the provisions of this

paragraph, the return date thereof and the date when

the service was made. The Secretary of State shall

not be required to retain this information for a

period longer than five (5) years from receipt of the

service of process.

g. The provisions of this paragraph shall not apply to a

foreign insurance company doing business in this

state.

5. SERVICE BY ACKNOWLEDGMENT. An acknowledgment on the back of

the summons or the voluntary appearance of a defendant is equivalent

to service.

6. SERVICE BY OTHER METHODS. If service cannot be made by

personal delivery or by mail, a defendant of any class referred to

in division (1) or (3) of subparagraph c of paragraph 1 of this

subsection may be served as provided by court order in a manner

which is reasonably calculated to give the defendant actual notice

of the proceedings and an opportunity to be heard and upon filing an

affidavit by the plaintiff or plaintiff's attorney that with due

diligence service cannot otherwise be made upon the defendant.

7. NO SERVICE BY PRISONER. No prisoner in any jail, Department

of Corrections facility, private prison, or parolee or probationer

under supervision of the Department of Corrections shall be

appointed by any court to serve process on any defendant, party or

witness.

D. SUMMONS AND PETITION. The summons and petition shall be

served together. The plaintiff shall furnish the person making

service with such copies as are necessary. The failure to serve a

Oklahoma Statutes - Title 12. Civil Procedure Page 384

copy of the petition with the summons is not a ground for dismissal

for insufficiency of service of process, but on motion of the party

served, the court may extend the time to answer or otherwise plead.

If a summons and petition are served by personal delivery, the

person serving the summons shall state on the copy that is left with

the person served the date that service is made. This provision is

not jurisdictional, but if the failure to comply with it prejudices

the party served, the court, on motion of the party served, may

extend the time to answer or otherwise plead.

E. SUMMONS: TERRITORIAL LIMITS OF EFFECTIVE SERVICE.

1. Service of the summons and petition may be made anywhere

within this state in the manner provided by subsection C of this

section.

2. When the exercise of jurisdiction is authorized by

subsection F of this section, service of the summons and petition

may be made outside this state:

a. by personal delivery in the manner prescribed for

service within this state,

b. in the manner prescribed by the law of the place in

which the service is made for service in that place in

an action in any of its courts of general

jurisdiction,

c. in the manner prescribed by paragraph 2 of subsection

C of this section,

d. as directed by the foreign authority in response to a

letter rogatory,

e. in the manner prescribed by paragraph 3 of subsection

C of this section only when permitted by subparagraphs

a and b of paragraph 3 of subsection C of this

section, or

f. as directed by the court.

3. Proof of service outside this state may be made in the

manner prescribed by subsection G of this section, the order

pursuant to which the service is made, or the law of the place in

which the service is made for proof of service in an action in any

of its courts of general jurisdiction.

4. Service outside this state may be made by an individual

permitted to make service of process under the law of this state or

under the law of the place in which the service is made or who is

designated to make service by a court of this state.

5. When subsection C of this section requires that in order to

effect service one or more designated individuals be served, service

outside this state under this section must be made upon the

designated individual or individuals.

6. a. A court of this state may order service upon any

person who is domiciled or can be found within this

state of any document issued in connection with a

Oklahoma Statutes - Title 12. Civil Procedure Page 385

proceeding in a tribunal outside this state. The

order may be made upon application of any interested

person or in response to a letter rogatory issued by a

tribunal outside this state and shall direct the

manner of service.

b. Service in connection with a proceeding in a tribunal

outside this state may be made within this state

without an order of court.

c. Service under this paragraph does not, of itself,

require the recognition or enforcement of an order,

judgment or decree rendered outside this state.

F. ASSERTION OF JURISDICTION. A court of this state may

exercise jurisdiction on any basis consistent with the Constitution

of this state and the Constitution of the United States.

G. RETURN.

1. The person serving the process shall make proof of service

thereof to the court promptly and in any event within the time

during which the person served must respond to the process, but the

failure to make proof of service does not affect the validity of the

service.

2. When process has been served by a sheriff or deputy sheriff

and return thereof is filed in the office of the court clerk, a copy

of the return shall be sent by the court clerk to the plaintiff's

attorney within three (3) days after the return is filed. If

service is made by a person other than a sheriff or deputy sheriff,

the licensed process server shall make affidavit thereof. The

return shall set forth the county of issuance, the name of the

person served and the date, place and method of service.

3. If service was by mail, the person mailing the summons and

petition shall endorse on the copy of the summons or order of the

court that is filed in the action the date and place of mailing and

the date when service was receipted or service was rejected, and

shall attach to the copy of the summons or order a copy of the

return receipt or returned envelope, if and when received, showing

whether the mailing was accepted, refused or otherwise returned. If

the mailing was refused, the return shall also show the date and

place of any subsequent mailing pursuant to paragraph 2 of

subsection C of this section. When the summons and petition are

mailed by the court clerk, the court clerk shall notify the

plaintiff's attorney within three (3) days after receipt of the

returned card or envelope showing that the card or envelope has been

received.

H. AMENDMENT. At any time in its discretion and upon such

terms as it deems just, the court may allow any process or proof of

service thereof to be amended, unless it clearly appears that

material prejudice would result to the substantial rights of the

party against whom the process issued.

Oklahoma Statutes - Title 12. Civil Procedure Page 386

I. SUMMONS: TIME LIMIT FOR SERVICE. If service of process is

not made upon a defendant within one hundred eighty (180) days after

the filing of the petition and the plaintiff has not shown good

cause why such service was not made within that period, the action

shall be deemed dismissed as to that defendant without prejudice and

Section 100 of this title shall be applicable to any refiling of the

action. Upon application of a defendant not timely served, the

court shall enter an order dismissing the action as to that

defendant. The court shall enter a dismissal order of an action

within two hundred (200) days after the filing of the action in

which no service has been made on any defendant as required pursuant

to this section and such order shall be mailed to the address of the

party or the party's attorney of record. The action shall not be

dismissed if a summons was served on the defendant within one

hundred eighty (180) days after the filing of the petition and a

court later holds that the summons or its service was invalid.

After a court quashes a summons or its service, a new summons may be

served on the defendant within a time specified by the judge. If

the new summons is not served within the specified time, the action

shall be deemed to have been dismissed without prejudice as to that

defendant. This subsection shall not apply with respect to a

defendant who has been outside of this state for one hundred eighty

(180) days following the filing of the petition.
Okla. Stat. tit. 12A, § 12A-1-9-105 — OK Code / Title 12A / Section 12A-1-9-105
Control of electronic copy of record evidencing
Status: in_force

chattel paper.

CONTROL OF ELECTRONIC COPY OF RECORD EVIDENCING CHATTEL PAPER

(a) A purchaser has control of an authoritative electronic copy

of a record evidencing chattel paper if a system employed for

evidencing the assignment of interests in the chattel paper reliably

establishes the purchaser as the person to which the authoritative

electronic copy was assigned.

(b) A system satisfies subsection (a) of this section if the

record or records evidencing the chattel paper are created, stored,

and assigned in a manner that:

(1) a single authoritative copy of the record or records exists

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

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

(2) the authoritative copy identifies the purchaser as the

assignee of the record or records;

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

the purchaser or its designated custodian;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 37

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

assignee of the authoritative copy can be made only with the consent

of the purchaser;

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

is readily identifiable as a copy that is not the authoritative

copy; and

(6) any amendment of the authoritative copy is readily

identifiable as authorized or unauthorized.

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

purchaser has control of an authoritative electronic copy of a

record evidencing chattel paper, if the electronic copy, a record

attached to or logically associated with the electronic copy, or a

system in which the electronic copy is recorded:

(1) enables the purchaser readily to identify each electronic

copy as either an authoritative copy or a nonauthoritative copy;

(2) enables the purchaser readily to identify itself in any

way, including by name, identifying number, cryptographic key,

office, or account number, as the assignee of the authoritative

electronic copy; and

(3) gives the purchaser exclusive power, subject to subsection

(d) of this section, to:

(A) prevent others from adding or changing an identified

assignee of the authoritative electronic copy; and

(B) transfer control of the authoritative electronic copy.

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

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

subsection (c) of this section even if:

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

logically associated with the authoritative electronic copy, or a

system in which the authoritative electronic copy is recorded limits

the use of the authoritative electronic copy or has a protocol

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

control; or

(2) the power is shared with another person.

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

under paragraph 2 of subsection (d) of this section and the

purchaser's power is not exclusive if:

(1) the purchaser 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 purchaser; or

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

the chattel paper.

(f) If a purchaser has the powers specified in subparagraphs

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

powers are presumed to be exclusive.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 38

(g) A purchaser has control of an authoritative electronic copy

of a record evidencing chattel paper if another person, other than

the transferor to the purchaser of an interest in the chattel paper:

(1) has control of the authoritative electronic copy and

acknowledges that it has control on behalf of the purchaser; or

(2) obtains control of the authoritative electronic copy after

having acknowledged that it will obtain control of the electronic

copy on behalf of the purchaser.
Okla. Stat. tit. 12A, § 12A-3-405 — OK Code / Title 12A / Section 12A-3-405
Employer's Responsibility for Fraudulent Indorsement by
Status: in_force

Employee.

EMPLOYER'S RESPONSIBILITY FOR FRAUDULENT

INDORSEMENT BY EMPLOYEE

(a) In this section:

(1) "Employee" includes an independent contractor and

employee of an independent contractor retained by the

employer;

(2) "Fraudulent indorsement" means (i) in the case of an

instrument payable to the employer, a forged

indorsement purporting to be that of the employer, or

(ii) in the case of an instrument with respect to

which the employer is the issuer, a forged indorsement

purporting to be that of the person identified as

payee; and

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 309

(3) "Responsibility" with respect to instruments means

authority (i) to sign or indorse instruments on behalf

of the employer, (ii) to process instruments received

by the employer for bookkeeping purposes, for deposit

to an account, or for other disposition, (iii) to

prepare or process instruments for issue in the name

of the employer, (iv) to supply information

determining the names or addresses of payees of

instruments to be issued in the name of the employer,

(v) to control the disposition of instruments to be

issued in the name of the employer, or (vi) to act

otherwise with respect to instruments in a responsible

capacity. "Responsibility" does not include authority

that merely allows an employee to have access to

instruments or blank or incomplete instrument forms

that are being stored or transported or are part of

incoming or outgoing mail, or similar access.

(b) For the purpose of determining the rights and liabilities

of a person who, in good faith, pays an instrument or takes it for

value or for collection, if an employer entrusted an employee with

responsibility with respect to the instrument and the employee or a

person acting in concert with the employee makes a fraudulent

indorsement of the instrument, the indorsement is effective as the

indorsement of the person to whom the instrument is payable if it is

made in the name of that person. If the person paying the

instrument or taking it for value or for collection fails to

exercise ordinary care in paying or taking the instrument and that

failure substantially contributes to loss resulting from the fraud,

the person bearing the loss may recover from the person failing to

exercise ordinary care to the extent the failure to exercise

ordinary care contributed to the loss.

(c) Under subsection (b) of this section, an indorsement is

made in the name of the person to whom an instrument is payable if

(i) it is made in a name substantially similar to the name of that

person or (ii) the instrument, whether or not indorsed, is deposited

in a depositary bank to an account in a name substantially similar

to the name of that person.
Okla. Stat. tit. 12A, § 12A-3-304 — OK Code / Title 12A / Section 12A-3-304
Overdue Instrument
Status: in_force

OVERDUE INSTRUMENT

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 298

(a) An instrument payable on demand becomes overdue at the

earliest of the following times:

(1) on the day after the day demand for payment is duly

made;

(2) if the instrument is a check, ninety (90) days after

its date; or

(3) if the instrument is not a check, when the instrument

has been outstanding for a period of time after its

date which is unreasonably long under the

circumstances of the particular case in light of the

nature of the instrument and usage of the trade.

(b) With respect to an instrument payable at a definite time

the following rules apply:

(1) If the principal is payable in installments and a due

date has not been accelerated, the instrument becomes

overdue upon default under the instrument for

nonpayment of an installment, and the instrument

remains overdue until the default is cured;

(2) If the principal is not payable in installments and

the due date has not been accelerated, the instrument

becomes overdue on the day after the due date; and

(3) If a due date with respect to principal has been

accelerated, the instrument becomes overdue on the day

after the accelerated due date.

(c) Unless the due date of principal has been accelerated, an

instrument does not become overdue if there is default in payment of

interest but no default in payment of principal.
Okla. Stat. tit. 12, § 12-2510 — OK Code / Title 12 / Section 12-2510
Identity of informer
Status: in_force

A. The United States, state or subdivision thereof has a

privilege to refuse to disclose the identity of a person who has

furnished information relating to or assisting in an investigation

of a possible violation of a law to a law enforcement officer or

member of a legislative committee or its staff conducting the

investigation.

B. The privilege under this section may be claimed by an

appropriate representative of the public entity to which the

information was furnished.

C. The following shall be exceptions to the privilege granted

in this section:

1. No privilege exists if the identity of the informant or the

informant's interest in the subject matter of the informant's

communication has been disclosed to those who would have cause to

resent the communication by a holder of the privilege or by the

informant's own action, if the informant appears as a witness for

the government, or if information regarding the informant is

required to be disclosed pursuant to paragraph 4 of subsection A of

Section 2002 of Title 22 of the Oklahoma Statutes.

2. If the informant is also a material witness to the criminal

conduct with which the defendant is charged, or was a participant in

the criminal conduct conjointly with the defendant, or is shown to

be able to give testimony relevant to a material issue in the case.

3. If information from an informant is relied upon to establish

the legality of the means by which evidence was obtained and the

court or the defendant is not satisfied that the information was

received from an informant reasonably believed to be reliable or

credible, the court or defendant may require the identity of the

informant to be disclosed. The court shall, on request of the

government, direct that the disclosure be made in chambers. All

counsel and parties concerned with the issue of legality shall be

permitted to be present at every stage of a proceeding under this

subsection except a disclosure in chambers if the court determines

that no counsel or party shall be permitted to be present. If

disclosure of the identity of the informant is made in chambers, the

record thereof shall be sealed and preserved to be made available to

the appellate court in the event of an appeal, and the contents

shall not otherwise be revealed without consent of the government.

Oklahoma Statutes - Title 12. Civil Procedure Page 463
Okla. Stat. tit. 12, § 12-1154 — OK Code / Title 12 / Section 12-1154
Order of attachment
Status: in_force

The order of attachment shall be directed and delivered to the

sheriff. It shall require him to attach the lands, tenements,

goods, chattels, stocks, rights, credits, moneys and effects of the

defendant in his county, not exempt by law from being applied to the

payment of the plaintiff's claim, or so much thereof as will satisfy

the plaintiff's claim, to be stated in the order as in the

Oklahoma Statutes - Title 12. Civil Procedure Page 232

affidavit, and the probable cost of the action not exceeding Fifty

Dollars ($50.00).

R.L. 1910, § 4815.
Okla. Stat. tit. 12A, § 12A-1-9-320.6 — OK Code / Title 12A / Section 12A-1-9-320.6
Central filing system relating to farm products
Status: in_force

CENTRAL FILING SYSTEM RELATING TO FARM PRODUCTS

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 75

(1) The Oklahoma County Clerk shall be responsible for

developing and maintaining the central filing system. This

responsibility shall include obtaining the necessary certification

for the system from the United States Department of Agriculture

(USDA). The effective date for the implementation of the central

filing system shall be one hundred eighty (180) days from the

certification of the central filing system by the USDA.

(2) The Oklahoma County Clerk may promulgate, in accordance

with laws governing business within its office, appropriate rules

and practices of the filing office in harmony with the rules and

practices of filing offices in other jurisdictions that enact

substantially this part and to keep the technology used by the

filing office compatible with the technology used by filing offices

in other jurisdictions that enact substantially this part. The

Oklahoma County Clerk, so far as is consistent with the purposes,

policies, and provisions of this article in adopting, amending, and

repealing filing office rules, shall:

(a) consult with filing offices in other jurisdictions

that enact substantially this part,

(b) consult the International Association of Commercial

Administrators or any successor organization, and

(c) take into consideration the rules and practices of,

and the technology used by, filing offices in other

jurisdictions that enact substantially this part, for

the implementation and operation of the central filing

system.

(3) The central filing system shall conform to the following

requirements:

(a) The Oklahoma County Clerk shall record the date, hour,

minute, and second of the filing of each effective

financing statement;

(b) The Oklahoma County Clerk shall compile all effective

financing statements into a master list:

(i) organized according to farm products;

(ii) arranged within each such product:

(A) in alphabetical order according to the last

name of the individual debtors or, in the

case of debtors doing business other than as

individuals, the first word in the name of

the debtors;

(B) in numerical order according to the Social

Security number of the individual debtors

or, in the case of debtors doing business

other than as individuals, the Internal

Revenue Service taxpayer identification

number of the debtors;

(C) geographically by county produced; and

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 76

(D) by crop year; and

(iii) containing the information provided for in

subparagraph (iv) of paragraph (d) of Section 1-

9-320.2 of this title.

(c) The Oklahoma County Clerk shall maintain records of

all buyers of farm products, commission merchants,

selling agents and others who register with the

Oklahoma County Clerk, on a form containing:

(i) the name and address of each registrant;

(ii) the information on the farm product or products

that the registrant is requesting;

(iii) the name of each county where the product is

produced or to be produced, or a blanket code

covering all seventy-seven (77) counties of this

state; and

(iv) an authorized signature.

(d) (i) A copy of those portions of the master list

covering the information requested by a

registrant shall be distributed to such

registrants by the Oklahoma County Clerk on or

before the last business day of each month and

shall be presumed to have been received by the

third business day of the following month.

(ii) Registrants shall be deemed to be registered only

as to those portions of the master list for which

they register, and shall be deemed to have failed

to register and shall not be considered to be

registrants as to those portions for which they

do not register.

(iii) Registrants are subject only to security

interests shown on the portions of the master

list which they receive as a consequence of

registration with the Oklahoma County Clerk.

(iv) If a particular security interest is shown on the

master list, but was included since the last

regular distribution of portions of the master

list to registrants, registrants shall not be

subject to that security interest;

(e) The duration of the registration with the Oklahoma

County Clerk of a buyer of farm products, commission

merchant, selling agent or other registrant shall be

one (1) year from the effective date of the

registration with the Oklahoma County Clerk.

(f) (i) Upon request, within twenty-four (24) hours of

any inquiry, for information, the Oklahoma County

Clerk shall provide confirmation of the existence

or nonexistence of any effective financing

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 77

statement on file. By the close of the business

day following the day on which the request was

received, written confirmation of the existence

of an effective financing statement will be

provided to buyers of farm products, commission

merchants, and selling agents who have not

registered, and others who request it.

(ii) The state or political subdivision shall not be

liable if a loss or claim results from any

confirmation of the existence or nonexistence of

any effective financing statement on file in the

Oklahoma County Clerk’s office made in good faith

by an employee of the Oklahoma County Clerk’s

office as required by the provisions of this

section.

(4) The filing in the office of the Oklahoma County Clerk under

this section shall be in addition to the filing requirements

provided for in this article.

(5) A financing or continuation statement covering farm

products that has not lapsed and which was filed pursuant to this

title between December 23, 1986, and October 24, 1988, inclusive,

and for which no written notice was furnished as provided in Section

1-9-320.7 of this title, shall become ineffective as to a buyer of

farm products, commission merchant or selling agent, unless the

secured party files an effective financing statement in the office

of the Oklahoma County Clerk.

(6) An effective financing statement shall not be deemed filed

in accordance with the provisions of this section until all fees

authorized by Section 111 of Title 28 of the Oklahoma Statutes

relating to the filing of the statement are tendered to the Oklahoma

County Clerk.

(7) The secured party shall file a termination statement within

twenty (20) days after there is no outstanding secured obligation or

commitment to make advances, incur obligations or otherwise give

value. The termination statement shall refer to the unique document

ID number. The secured party shall not be required to file a

termination statement if the debtor, in writing, addressed to the

secured party, requests that a termination not be filed. The

request shall be signed by the debtor or an authorized

representative and the request may be made at any time prior to the

expiration date of an effective financing statement set forth

herein. If the affected secured party fails to file a termination

statement as required by this subsection, the party shall be liable

to the Oklahoma County Clerk for Five Hundred Dollars ($500.00). In

addition the affected secured party shall be liable to the debtor

for any loss caused to the debtor by the failure to terminate the

effective financing statement.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 78

(8) The Oklahoma County District Attorney shall be responsible

for enforcing the provisions of subsection (7) of this section on

behalf of the Oklahoma County Clerk and is authorized to take

appropriate actions to collect any penalties owed to the Oklahoma

County Clerk pursuant to subsection (7) of this section. When

collected, the Oklahoma County District Attorney shall cause the

penalty to be deposited into the Oklahoma County Clerk’s Uniform

Commercial Code Central Filing Fund created pursuant to Section 1-9-

525.1 of Title 12A of the Oklahoma Statutes.

(9) As the purpose of an effective financing statement filing

is to ensure that a joint check is made payable to the debtor and

all applicable secured parties, there shall be no priority among

filings. Filings shall be processed according to the order in which

they were filed, as recorded in a timestamp within the filing.

(10) All active filings on the effective date of this act, as

provided in paragraph (1) of this section, shall be filed with the

Oklahoma County Clerk’s office. Each active filing that is filed

pursuant to the requirements of this paragraph shall be accompanied

with a transition document that shall be provided by the Oklahoma

County Clerk’s office. The Oklahoma County Clerk’s office shall

charge no fee for active filings that are migrated to the system

maintained by the Oklahoma County Clerk.
Okla. Stat. tit. 12, § 12-1765 — OK Code / Title 12 / Section 12-1765
Costs
Status: in_force

The prevailing party in an action is entitled to costs of the

action, including the costs of service of the order for the

appearance of the defendant and the costs of enforcing any judgment

rendered therein.
Okla. Stat. tit. 12A, § 12A-2A-309 — OK Code / Title 12A / Section 12A-2A-309
Lessor's and Lessee's Rights When Goods Become
Status: in_force

Fixtures.

LESSOR'S AND LESSEE'S RIGHTS WHEN GOODS BECOME FIXTURES

(1) In this section:

(a) goods are "fixtures" when they become so related to

particular real estate that an interest in them arises

under real estate law;

(b) a "fixture filing" is the filing, in the office where

a mortgage on the real estate would be filed or

recorded, of a financing statement covering goods that

are or are to become fixtures and conforming to the

requirements of subsections (a) and (b) of Section 1-

9-502 of this title, as applicable;

(c) a lease is a "purchase money lease" unless the lessee

has possession or use of the goods or the right to

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 254

possession or use of the goods before the lease

agreement is enforceable;

(d) a mortgage is a "construction mortgage" to the extent

it secures an obligation incurred for the construction

of an improvement on land including the acquisition

cost of the land, if the recorded writing so

indicates; and

(e) "encumbrance" includes real estate mortgages and other

liens on real estate and all other rights in real

estate that are not ownership interests.

(2) Under this article a lease may be of goods that are

fixtures or may continue in goods that become fixtures, but no lease

exists under this article of ordinary building materials

incorporated into an improvement on land.

(3) This article does not prevent creation of a lease of

fixtures pursuant to real estate law.

(4) The perfected interest of a lessor of fixtures has priority

over a conflicting interest of an encumbrancer or owner of the real

estate if:

(a) the lease is a purchase money lease, the conflicting

interest of the encumbrancer or owner arises before

the goods become fixtures, the interest of the lessor

is perfected by a fixture filing before the goods

become fixtures or within ten (10) days thereafter,

and the lessee has an interest of record in the real

estate or is in possession of the real estate; or

(b) the interest of the lessor is perfected by a fixture

filing before the interest of the encumbrancer or

owner is of record, the lessor's interest has priority

over any conflicting interest of a predecessor in

title of the encumbrancer or owner, and the lessee has

an interest of record in the real estate or is in

possession of the real estate.

(5) The interest of a lessor of fixtures, whether or not

perfected, has priority over the conflicting interest of an

encumbrancer or owner of the real estate if:

(a) the fixtures are readily removable factory or office

machines, readily removable equipment that is not

primarily used or leased for use in the operation of

the real estate, or readily removable replacements of

domestic appliances that are goods subject to a

consumer lease, and before the goods become fixtures

the lease contract is enforceable; or

(b) the conflicting interest is a lien on the real estate

obtained by legal or equitable proceedings after the

lease contract is enforceable; or

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 255

(c) the encumbrancer or owner has consented in writing to

the lease or has disclaimed an interest in the goods

as fixtures; or

(d) the lessee has a right to remove the goods as against

the encumbrancer or owner. If the lessee's right to

remove terminates, the priority of the interest of the

lessor continues for a reasonable time.

(6) Notwithstanding paragraph (a) of subsection (4) of this

section but otherwise subject to subsections (4) and (5) of this

section, the interest of a lessor of fixtures, including the

lessor's residual interest, is subordinate to the conflicting

interest of an encumbrancer of the real estate under a construction

mortgage recorded before the goods become fixtures if the goods

become fixtures before the completion of the construction. To the

extent given to refinance a construction mortgage, the conflicting

interest of an encumbrancer of the real estate under a mortgage has

this priority to the same extent as the encumbrancer of the real

estate under the construction mortgage.

(7) In cases other than those described in subsections (1)

through (6) of this section, priority between the interest of a

lessor of fixtures, including the lessor's residual interest, and

the conflicting interest of an encumbrancer or owner of the real

estate who is not the lessee is determined by the priority rules

governing conflicting interests in real estate.

(8) If the interest of a lessor of fixtures, including the

lessor's residual interest, has priority over all conflicting

interests of all owners and encumbrancers of the real estate, the

lessor or the lessee may (i) on default, expiration, termination, or

cancellation of the lease agreement but subject to the lease

agreement and this article, or (ii) if necessary to enforce other

rights and remedies of the lessor or lessee under this article,

remove the goods from the real estate, free and clear of all

conflicting interests of all owners and encumbrancers of the real

estate, but the lessor or lessee must reimburse any encumbrancer or

owner of the real estate who is not the lessee and who has not

otherwise agreed for the cost of repair of any physical injury, but

not for any diminution in value of the real estate caused by the

absence of the goods removed or by any necessity of replacing them.

A person entitled to reimbursement may refuse permission to remove

until the party seeking removal gives adequate security for the

performance of this obligation.

(9) Even though the lease agreement does not create a security

interest, the interest of a lessor of fixtures, including the

lessor's residual interest, is perfected by filing a financing

statement as a fixture filing for leased goods that are or are to

become fixtures in accordance with the relevant provisions of the

Uniform Commercial Code - Secured Transactions.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 256
Okla. Stat. tit. 12, § 12-1274 — OK Code / Title 12 / Section 12-1274
Renumbered as § 106 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-1449 — OK Code / Title 12 / Section 12-1449
Unauthorized use of another person's rights of publicity
Status: in_force

- Damages - Consent - Presumptions - Fact questions - Exemptions.

A. Any person who knowingly uses another's name, voice,

signature, photograph, or likeness, in any manner, on or in

products, merchandise, or goods, or for purposes of advertising or

selling, or soliciting purchases of, products, merchandise, goods,

or services, without such person's prior consent, or, in the case of

a minor, the prior consent of his parent or legal guardian, shall be

liable for any damages sustained by the person or persons injured as

a result thereof, and any profits from the unauthorized use that are

attributable to the use shall be taken into account in computing the

actual damages. In establishing such profits, the injured party or

parties are required to present proof only of the gross revenue

attributable to such use, and the person who violated this section

is required to prove his or her deductible expenses. Punitive

damages may also be awarded to the injured party or parties. The

prevailing party in any action under this section shall also be

entitled to attorney's fees and costs.

B. As used in this section, "photograph" means any photograph

or photographic reproduction, still or moving, or any videotape or

live television transmission, of any person, such that the person is

readily identifiable.

1. A person shall be deemed to be readily identifiable from a

photograph when one who views the photograph with the naked eye can

reasonably determine that the person depicted in the photograph is

the same person who is complaining of its unauthorized use.

2. If the photograph includes more than one person so

identifiable, then the person or persons complaining of the use

shall be represented as individuals rather than solely as members of

a definable group represented in the photograph. A definable group

includes, but is not limited to, the following examples: A crowd at

any sporting event, a crowd in any street or public building, the

audience at any theatrical or stage production, a glee club, or a

baseball team.

3. A person or persons shall be considered to be represented as

members of a definable group if they are represented in the

photograph solely as a result of being present at the time the

photograph was taken and have not been singled out as individuals in

any manner.

C. Where a photograph or likeness of an employee of the person

using the photograph or likeness appearing in the advertisement or

other publication prepared by or in behalf of the user is only

incidental, and not essential, to the purpose of the publication in

which it appears, there shall arise a rebuttable presumption

affecting the burden of producing evidence that the failure to

obtain the consent of the employee was not a knowing use of the

employee's photograph or likeness.

Oklahoma Statutes - Title 12. Civil Procedure Page 295

D. For purposes of this section, a use of a name, voice,

signature, photograph, or likeness in connection with any news,

public affairs, or sports broadcast or account, or any political

campaign, shall not constitute a use for which consent is required

under subsection A of this section.

E. The use of a name, voice, signature, photograph, or likeness

in a commercial medium shall not constitute a use for which consent

is required under subsection A of this section solely because the

material containing such use is commercially sponsored or contains

paid advertising. Rather it shall be a question of fact whether or

not the use of the person's name, voice, signature, photograph, or

likeness was so directly connected with the commercial sponsorship

or with the paid advertising as to constitute a use for which

consent is required under subsection A of this section.

F. Nothing in this section shall apply to the owners or

employees of any medium used for advertising, including, but not

limited to, newspapers, magazines, radio and television networks andOklahoma Statutes - Title 12. Civil Procedure Page 21ure, photograph, or

likeness was so directly connected with the commercial sponsorship

or with the paid advertising as to constitute a use for which

consent is required under subsection A of this section.

F. Nothing in this section shall apply to the owners or

employees of any medium used for advertising, including, but not

limited to, newspapers, magazines, radio and television networks and

stations, cable television systems, billboards, and transit ads, by

whom any advertisement or solicitation in violation of this section

is published or disseminated, unless it is established that such

owners or employees had knowledge of the unauthorized use of the

person's name, voice, signature, photograph, or likeness as

prohibited by this section.

G. The remedies provided for in this section are cumulative and

shall be in addition to any others provided for by law.
Okla. Stat. tit. 12, § 12-32 — OK Code / Title 12 / Section 12-32
Entry on return of summons
Status: in_force

He shall, upon the return of every summons, enter upon the

appearance docket whether or not service has been made; and, if the

summons has been served, the name of the defendant or defendants

summoned and the day and manner of the service upon each one. The

entry shall be evidence in case of the loss of the summons.

R.L. 1910, § 5332. Amended by Laws 1953, p. 47, § 1.
Okla. Stat. tit. 12, § 12-31 — OK Code / Title 12 / Section 12-31
Endorsements
Status: in_force

He shall endorse upon every paper filed with him, the day of

filing it; and upon every order for a provisional remedy, and upon

every undertaking given under the same, the day of its return to his

office.

R.L. 1910, § 5331.
Okla. Stat. tit. 12, § 12-1033 — OK Code / Title 12 / Section 12-1033
Proceedings by petition, when - Summons
Status: in_force

If more than thirty (30) days after a judgment, decree, or

appealable order has been filed, proceedings to vacate or modify the

judgment, decree, or appealable order, on the grounds mentioned in

paragraphs 2, 4, 5, 6, 7, 8, and 9 of Section 1031 of this title,

shall be by petition, verified by affidavit, setting forth the

judgment, decree, or appealable order, the grounds to vacate or

modify it, and the defense to the action, if the party applying was

defendant. On this petition, a summons shall issue and be served as

in the commencement of a civil action.

R.L. 1910, § 5269. Amended by Laws 1999, c. 293, § 11, eff. Nov. 1,

1999
Okla. Stat. tit. 12A, § 12A-4-407 — OK Code / Title 12A / Section 12A-4-407
Payor Bank's Right to Subrogation on Improper Payment
Status: in_force

PAYOR BANK'S RIGHT TO SUBROGATION ON IMPROPER PAYMENT

If a payor bank has paid an item over the order of the drawer or

maker to stop payment, or after an account has been closed, or

otherwise under circumstances giving a basis for objection by the

drawer or maker, to prevent unjust enrichment and only to the extent

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 352

necessary to prevent loss to the bank by reason of its payment of

the item, the payor bank is subrogated to the rights:

(1) Of any holder in due course on the item against the

drawer or maker;

(2) Of the payee or any other holder of the item against

the drawer or maker either on the item or under

transaction out of which the item arose; and

(3) Of the drawer or maker against the payee or any other

holder of the item with respect to the transaction of

which the item arose.
Okla. Stat. tit. 12, § 12-1553 — OK Code / Title 12 / Section 12-1553
Oath and bond
Status: in_force

Before entering upon his duties, the receiver must be sworn to

perform them faithfully, and with one or more sureties, approved by

the court or judge; execute an undertaking to such person and in

such sum as the court or judge shall direct, to the effect that he

will faithfully discharge the duties of receiver in the action, and

obey the orders of the court therein.

R.L. 1910, § 4981.
Okla. Stat. tit. 12, § 12-413 — OK Code / Title 12 / Section 12-413
Oaths
Status: in_force

The President of the Senate, the Speaker of the House of

Representatives, or a chairman of committee of the whole, or of any

committee or either House of the Legislature, is empowered to

administer oaths to witnesses in any case under their examination.
Okla. Stat. tit. 12A, § 12A-2A-527 — OK Code / Title 12A / Section 12A-2A-527
Lessor's rights to dispose of goods
Status: in_force

LESSOR'S RIGHTS TO DISPOSE OF GOODS

(1) After a default by a lessee under the lease contract of the

type described in subsection (1) of Section 2A-523 of this title or

paragraph (a) of subsection (3) of Section 2A-523 of this title or

after the lessor refuses to deliver or takes possession of goods

(Section 2A-525 or 2A-526 of this title), or, if agreed, after other

default by a lessee, the lessor may dispose of the goods concerned

or the undelivered balance thereof by lease, sale, or otherwise.

(2) Except as otherwise provided with respect to damages

liquidated in the lease agreement (Section 2A-504 of this title) or

otherwise determined pursuant to agreement of the parties

(subsection (c) of Section 15 of this act and Section 2A-503 of this

title), if the disposition is by lease agreement substantially

similar to the original lease agreement and the new lease agreement

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 276

is made in good faith and in a commercially reasonable manner, the

lessor may recover from the lessee as damages:

(i) accrued and unpaid rent as of the date of the

commencement of the term of the new lease agreement,

(ii) the present value, as of the same date, of the total

rent for the then remaining lease term of the original

lease agreement minus the present value, as of the

same date, of the rent under the new lease agreement

applicable to that period of the new lease term which

is comparable to the then remaining term of the

original lease agreement, and

(iii) any incidental damages allowed under Section 2A-530 of

this title, less expenses saved in consequence of the

lessee's default.

(3) If the lessor's disposition is by lease agreement that for

any reason does not qualify for treatment under subsection (2) of

this section, or is by sale or otherwise, the lessor may recover

from the lessee as if the lessor had elected not to dispose of the

goods and Section 2A-528 of this title governs.

(4) A subsequent buyer or lessee who buys or leases from the

lessor in good faith for value as a result of a disposition under

this section takes the goods free of the original lease contract and

any rights of the original lessee even though the lessor fails to

comply with one or more of the requirements of this article.

(5) The lessor is not accountable to the lessee for any profit

made on any disposition. A lessee who has rightfully rejected or

justifiably revoked acceptance shall account to the lessor for any

excess over the amount of the lessee's security interest (subsection

(5) of Section 2A-508 of this title).
Okla. Stat. tit. 12, § 12-110 — OK Code / Title 12 / Section 12-110
Injury occurring during fifth year after substantial
Status: in_force

completion.

Notwithstanding the provisions of Section 1 of this act, in the

case of such an injury to property or the person or such an injury

causing wrongful death, which injury occurred during the fifth year

after such substantial completion, an action in tort to recover

damages for such an injury or wrongful death may be brought within

two (2) years after the date on which such injury occurred

(irrespective of the date of death) but in no event may such an

action be brought more than seven (7) years after the substantial

completion of construction of such an improvement.
Okla. Stat. tit. 12, § 12-1141.2 — OK Code / Title 12 / Section 12-1141.2
Definitions
Status: in_force

As used in this act:

1. “Apparent cloud” means an effect, without a judgment of a

court of competent jurisdiction, which in the good faith opinion of

a requestor results in a condition of title to real property located

in the State of Oklahoma that fails to meet the standard of

“marketable title” as defined by the “Oklahoma Title Examination

Standards” as adopted and revised by the House of Delegates of the

Oklahoma Bar Association;

2. “Certified mail” means that method of transmitting items

through the United States Post Office pursuant to which the

addressee of the item mailed is either required to indicate an

acceptance of delivery or refusal or which results in a record by

the United States Post Office that the addressee was contacted

regarding the item, but refused delivery or refused to claim the

item;

3. “Conveyance” means an instrument, recorded in the real

property records of a county of the State of Oklahoma, pursuant to

which a grantor makes a transfer of an estate in real property;

4. “Corrective action” means some procedure, other than the

execution and delivery of a curative instrument, identified in a

notice and communicated to a respondent with the intended effect of

removing a cloud or an apparent cloud on the title to real property;

5. “Curative instrument” means a conveyance or instrument

identified by a requestor that the requestor in good faith believes

has the effect of curing a title defect;

6. “Entity” means a person, firm, partnership, general

partnership, limited partnership, corporation, limited liability

company, limited liability partnership or other legally constituted

entity;

7. “Estate” means a quantity or duration of ownership in real

property located in the State of Oklahoma whether in fee simple

absolute or some lesser quantity or duration and includes both the

surface estate and mineral estate;

8. “Execute” means to subscribe an instrument or a conveyance

as either a natural person acting in an individual or a

representative capacity;

9. “Good faith” means having a basis in facts ascertainable to

a requestor or which should be ascertainable with the exercise of

reasonable diligence and the reasonable application of law to facts

known or which, through the exercise of reasonable diligence, should

be known to a requestor regarding the effect of an instrument upon

the title to real property located in the State of Oklahoma;

10. “Instrument” means a document, executed with formalities

authorized or required by law, pursuant to which either a conveyance

is made or pursuant to which some aspect of the title to real

Oklahoma Statutes - Title 12. Civil Procedure Page 216

property located in the State of Oklahoma is affected or may be

affected;

11. “Interest” means either legal title or an equitable claim

which is made in good faith;

12. “Notice” means the document described in Section 3 of this

act;

13. “Parcel” means real property capable of separate

description from any other real property located in the State of

Oklahoma, pursuant to a description which is adequate for a

conveyance pursuant to the requirements of the laws of the State of

Oklahoma;

14. “Person” means a natural person acting in an individual

capacity or a natural person acting in a representative capacity;

15. “Quiet title action” means a civil action filed pursuant to

the authority of Section 1141 of Title 12 of the Oklahoma Statutes

and in which the plaintiff requests a determination or judgment from

the court regarding the title to a parcel of real property;

16. “Real property” means land and fixtures and includes the

surface estate and the minerals underlying lands located in the

State of Oklahoma;

17. “Refuse” means that the respondent either will not take the

action specified in a notice or that the respondent will not take

action which the requestor communicates as an acceptable response to

the notice;

18. “Requestor” means any person or entity transmitting a

notice to a respondent pursuant to Section 3 of this act or if the

requestor engages the services of an agent or fiduciary to prepare

the notice, the agent or fiduciary of the requestor;

19. “Respondent” means the person or entity to whom a notice is

transmitted pursuant to Section 3 of this act or, if the respondent

engages the services of an agent or fiduciary to prepare a response

to a requestor, the agent or fiduciary of the requestor;

20. “Response” means the document transmitted by the respondent

to the requestor within the time prescribed by Section 4 of this

act;

21. “Subject parcel” means the specific real property

identified in a notice transmitted to a respondent as provided by

Section 3 of this act;

22. “Title” means the judicial or nonjudicial conclusion

regarding either legal or equitable ownership of real property or an

estate in real property located in the State of Oklahoma; and

23. “Title defect” means a deficiency, as measured or

determined by reference to the statutes of the State of Oklahoma,

cases decided by the courts of the State of Oklahoma or by reference

to the Title Examination Standards published by the Real Property

Section of the Oklahoma Bar Association, in the legal or equitable

title of real property located in the State of Oklahoma.

Oklahoma Statutes - Title 12. Civil Procedure Page 217
Okla. Stat. tit. 12, § 12-143 — OK Code / Title 12 / Section 12-143
Venue statutes as cumulative - Application
Status: in_force

All venue statutes are cumulative wherever they appear and any

action brought under any such statute may be maintained where

brought. No court shall apply one venue statute in preference to

another whether considered general or special.
Okla. Stat. tit. 12, § 12-1104 — OK Code / Title 12 / Section 12-1104
Record, submission without suit
Status: in_force

The case, the submission and a copy of the judgment shall

constitute the record.

R.L. 1910, § 5304.
Okla. Stat. tit. 12, § 12-990.5 — OK Code / Title 12 / Section 12-990.5
Stay of enforcement against political subdivisions of
Status: in_force

the state.

Notwithstanding any other provision of this title, the execution

of a judgment or final order of any judicial tribunal against any

county, municipality, or other political subdivision of this state

is automatically stayed without the execution of supersedeas bond

until any appeal of such judgment or final order has finally been

determined.
Okla. Stat. tit. 12, § 12-3227 — OK Code / Title 12 / Section 12-3227
Depositions before action or pending appeal
Status: in_force

A. BEFORE ACTION.

1. PETITION. A person who desires to perpetuate his own

testimony or that of another person regarding any matter that may be

cognizable in any court may file a verified petition in the district

court in the county of the residence of any expected adverse party

for such perpetuation of testimony. The petition shall be entitled

in the name of the petitioner and shall show:

a. That the petitioner or his personal representative,

heirs, beneficiaries, successors or assigns may be a

party to an action cognizable in a court but is

presently unable to bring it or cause it to be

brought.

b. The subject matter of the expected action and his

interest therein, and a copy, attached to the

petition, of any written instrument the validity or

construction of which may be called in question or

which is connected with the subject matter of the

requested deposition.

c. The facts which he desires to establish by the

proposed testimony and his reasons for desiring to

perpetuate it.

d. The names or, if the names are unknown, a description

of the persons he expects will be adverse parties and

their addresses so far as known.

e. The names and addresses of the persons to be examined

and the substance of the testimony which he expects to

elicit from each.

Oklahoma Statutes - Title 12. Civil Procedure Page 513

The petition shall request an order authorizing the petitioner

to take the depositions of the persons named in the petition to be

examined for the purpose of perpetuating their testimony.

2. NOTICE AND SERVICE. The petitioner shall thereafter serve a

notice upon each person named or described in the petition as an

expected adverse party, together with a copy of the petition,

stating that the petitioner will apply to the court, at a time and

place named therein, for the order described in the petition. At

least twenty (20) days before the date of hearing, the notice shall

be served either within or without the state in the manner provided

for personal service of summons. If such service cannot, with due

diligence, be made upon any expected adverse party named or

described in the petition, the court may enter such order as is just

for service by publication or otherwise, and shall appoint, for

persons not served by personal service, an attorney who shall

represent them and, if they are not otherwise represented, shall

cross-examine the deponent. If any expected adverse party is a

minor or incompetent the court shall appoint a guardian ad litem for

any such minor or incompetent not legally represented.

3. ORDER AND EXAMINATION. If the court is satisfied that the

perpetuation of the testimony may prevent a failure or delay of

justice, it shall enter an order designating or describing the

persons whose depositions may be taken and specifying the subject

matter of the examination and how the depositions shall be taken.

The depositions may then be taken in accordance with the Oklahoma

Discovery Code, Section 3224 et seq. of this title. The court may

enter orders of the character provided for by Sections 3234 and 3235

of this title. For the purpose of applying the Oklahoma Discovery

Code to depositions for perpetuating testimony, each reference to

the court in which the action is pending shall be deemed to refer to

the court in which the petition for such deposition was filed.

4. USE OF DEPOSITION. If a deposition to perpetuate testimony

is taken under the Oklahoma Discovery Code, it may be used in any

action involving the same subject matter subsequently brought in a

court of this state, in accordance with the provisions of subsection

A of Section 3232 of this title.

B. PENDING APPEAL. If an appeal has been taken from a judgment

of a district court or before the taking of an appeal if the time

therefor has not expired, the district court in which the judgment

was rendered may allow the taking of the depositions of witnesses to

perpetuate their testimony for use in the event of further

proceedings in the district court. In such case, the party who

desires to perpetuate the testimony may make a motion in the

district court for leave to take the depositions, upon the same

notice and service thereof as if the action was pending in the

district court. The motion shall show:

Oklahoma Statutes - Title 12. Civil Procedure Page 514

1. The names and addresses of persons to be examined and the

substance of the testimony which he expects to elicit from each;

2. The reasons for perpetuating the testimony.

If the court finds that the perpetuation of the testimony is

proper to avoid a failure or delay of justice, it may enter an order

allowing the depositions to be taken and may make orders of the

character provided for by Sections 3234 and 3235 of this title, and

thereupon the depositions may be taken and used in the same manner

and under the same conditions as are prescribed in the Oklahoma

Discovery Code for depositions taken in actions pending in the

district court.

C. PERPETUATION BY ACTION. The procedures prescribed in this

section do not limit the power of a court to entertain an action to

perpetuate testimony.

D. FILING OF DEPOSITION. Depositions taken under this section

shall not be filed with the court in which the petition is filed or

the motion is made except on order of the court or unless they are

attached to a motion, response thereto, or are needed for use in a

trial or hearing.

E. COSTS. The attorney taking any deposition under this

section shall pay the costs thereof unless otherwise ordered by the

court.

F. DEPOSITIONS TAKEN IN OTHER JURISDICTIONS ADMISSIBLE. A

deposition taken under procedures of another jurisdiction, which are

similar to those in this section, is admissible in this state to the

same extent as a deposition taken under this section.
Okla. Stat. tit. 12, § 12-2611.6 — OK Code / Title 12 / Section 12-2611.6
Hearing – Determination of whether to use alternative
Status: in_force

method testimony.

A. The judge or presiding officer in a criminal or noncriminal

proceeding may order a hearing to determine whether to allow a child

witness to testify by an alternative method. The judge or presiding

officer, for good cause shown, shall order the hearing upon motion

of a party, a child witness, or an individual determined by the

judge or presiding officer to have sufficient standing to act on

behalf of the child.

B. A hearing to determine whether to allow a child witness to

testify by an alternative method shall be conducted on the record

after reasonable notice to all parties, any nonparty movant, and any

other person the presiding officer specifies. The presence of the

child is not required at the hearing unless ordered by the judge or

presiding officer. In conducting the hearing, the judge or

presiding officer shall not be bound by rules of evidence except the

rules of privilege.
Okla. Stat. tit. 12, § 12-29 — OK Code / Title 12 / Section 12-29
Clerks to file and preserve papers - Refusal to file sham
Status: in_force

legal process.

A. It is the duty of the clerk of each of the courts to file

together and carefully preserve in his office, all papers delivered

to him for that purpose, except as provided in subsection B of this

section, in every action or special proceeding.

B. The court clerk may refuse to file any document presented

for filing if the clerk believes that the document constitutes sham

legal process, as defined by Section 1533 of Title 21 of the

Oklahoma Statutes.

C. 1. Any person aggrieved by the refusal of a court clerk to

file any document provided for in subsection A of this section may

petition the district court for a writ of mandamus to compel the

clerk to file the tendered document.

2. At the time of refusal, the person aggrieved shall file a

notice of refusal with the court clerk for the purpose of tolling

any applicable statute of limitations in the event the person

prevails in any action so commenced, if the person wishes for the

statute of limitations to be tolled. The refusal notice shall be

submitted on a form provided by the court clerk, but must be filled

out by the aggrieved party. A copy of the instrument that the clerk

refused to file must be attached to the notice of refusal. The

court clerk shall stamp the date of refusal on the notice of

refusal.

The refusal notice shall be in the following form:

STATE OF OKLAHOMA

__________ COUNTY

NOTICE OF REFUSAL

The Office of Court Clerk of __________ County, Oklahoma, has on

__________ (date) refused to file a document designated ___________

(title of document or brief description of document). A copy of the

refused document must be attached to this notice of refusal or the

clerk cannot accept it for filing.

Signed:_____________ Signed: ________________________

Court Clerk Aggrieved party or attorney

for aggrieved party

_______County, Oklahoma

Address:__________________

__________________________

3. The action for mandamus must be filed with the district

court within twenty (20) days after the notice of refusal is filed

with the county clerk. If the writ of mandamus is granted, the

court clerk shall refund the fee for filing the action. Notice of

the pendency of a mandamus action filed pursuant to this section

shall be filed in accordance with Section 2004.2 of this title. If

the court determines that the tendered document is not sham legal

process, the court shall order the clerk to file the tendered paper

Oklahoma Statutes - Title 12. Civil Procedure Page 38

or papers. For any instrument which the court orders to be filed

pursuant to this subsection, the date of filing shall be retroactive

to the date the notice of refusal was filed.

D. If a court clerk improperly files or refuses to file a

document provided for in subsection B of this section, the clerk

shall be immune from liability for such action in any civil suit.

E. A clerk shall post a sign, in letters at least one (1) inch

in height, that is clearly visible to the general public in or near

the clerk's office stating that it is a felony to intentionally or

knowingly file or attempt to file sham legal process with the clerk.

Failure of the clerk to post such a sign shall not create a defense

to any criminal or civil action based on sham legal process.

R.L. 1910, § 5329. Amended by Laws 1997, c. 405, § 2, emerg. eff.

June 13, 1997.
Okla. Stat. tit. 12, § 12-1227 — OK Code / Title 12 / Section 12-1227
Report to courts
Status: in_force

Such receiver shall, when required, report his proceedings to

the court, and hold all monies collected by him, and the property

which may come into his hands, subject to the order of the court.

R.L. 1910, § 4848.
Okla. Stat. tit. 12A, § 12A-1-9-515 — OK Code / Title 12A / Section 12A-1-9-515
Duration and effectiveness of financing statement;
Status: in_force

effect of lapsed financing statement.

DURATION AND EFFECTIVENESS OF FINANCING STATEMENT;

EFFECT OF LAPSED FINANCING STATEMENT

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 116

(a) Except as otherwise provided in subsections (b), (e), (f),

and (g) of this section, a filed financing statement is effective

for a period of five (5) years after the date of filing.

(b) Except as otherwise provided in subsections (e), (f), and

(g) of this section, an initial financing statement filed in

connection with a public-finance transaction or manufactured-home

transaction is effective for a period of thirty (30) years after the

date of filing if it indicates that it is filed in connection with a

public-finance transaction or manufactured-home transaction.

(c) The effectiveness of a filed financing statement lapses on

the expiration of the period of its effectiveness unless before the

lapse a continuation statement is filed pursuant to subsection (d)

of this section. Upon lapse, a financing statement ceases to be

effective and any security interest or agricultural lien that was

perfected by the financing statement becomes unperfected, unless the

security interest is perfected otherwise. If the security interest

or agricultural lien becomes unperfected upon lapse, it is deemed

never to have been perfected as against a purchaser of the

collateral for value.

(d) A continuation statement may be filed only within six (6)

months before the expiration of the five-year period specified in

subsection (a) of this section or the thirty-year period specified

in subsection (b) of this section, whichever is applicable.

(e) Except as otherwise provided in Section 1-9-510 of this

title, upon timely filing of a continuation statement, the

effectiveness of the initial financing statement continues for a

period of five (5) years commencing on the day on which the

financing statement would have become ineffective in the absence of

the filing. Upon the expiration of the five-year period, the

financing statement lapses in the same manner as provided in

subsection (c) of this section, unless, before the lapse, another

continuation statement is filed pursuant to subsection (d) of this

section. Succeeding continuation statements may be filed in the

same manner to continue the effectiveness of the initial financing

statement.

(f) If a debtor is a transmitting utility and a filed financing

statement so indicates, the financing statement is effective until a

termination statement is filed.

(g) A record of a mortgage that is effective as a financing

statement filed as a fixture filing under subsection (c) of Section

1-9-502 of this title remains effective as a financing statement

filed as a fixture filing until the mortgage is released or

satisfied of record or its effectiveness otherwise terminates as to

the real property.
Okla. Stat. tit. 12A, § 12A-3-308 — OK Code / Title 12A / Section 12A-3-308
Proof of Signatures and Status as Holder in Due Course
Status: in_force

PROOF OF SIGNATURES AND STATUS AS HOLDER IN DUE COURSE

(a) In an action with respect to an instrument, the

authenticity of, and authority to make, each signature on the

instrument is admitted unless specifically denied in the pleadings.

If the validity of a signature is denied in the pleadings, the

burden of establishing validity is on the person claiming validity,

but the signature is presumed to be authentic and authorized unless

the action is to enforce the liability of the purported signer and

the signer is dead or incompetent at the time of trial of the issue

of validity of the signature. If an action to enforce the

instrument is brought against a person as the undisclosed principal

of a person who signed the instrument as a party to the instrument,

the plaintiff has the burden of establishing that the defendant is

liable on the instrument as a represented person under subsection

(a) of Section 65 of this act.

(b) If the validity of signatures is admitted or proved and

there is compliance with subsection (a) of this section, a plaintiff

producing the instrument is entitled to payment if the plaintiff

proves entitlement to enforce the instrument under Section 52 of

this act, unless the defendant proves a defense or claim in

recoupment. If a defense or claim in recoupment is proved, the

right to payment of the plaintiff is subject to the defense or

claim, except to the extent the plaintiff proves that the plaintiff

has rights of a holder in due course which are not subject to the

defense or claim.
Okla. Stat. tit. 12, § 12-2002 — OK Code / Title 12 / Section 12-2002
One form of action
Status: in_force

ONE FORM OF ACTION

There shall be one form of action to be known as "civil action".
Okla. Stat. tit. 12, § 12-2414 — OK Code / Title 12 / Section 12-2414
Child molestation offense - Commission of other offenses
Status: in_force

admissible - Definitions.

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

offense of child molestation, evidence of the defendant's commission

of another offense or offenses of child molestation 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, "child" means a person below the

age of sixteen (16), and "offense of child molestation" means a

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

1. Any conduct proscribed by Sections 1111 through 1125 of

Title 21 of the Oklahoma Statutes, that was committed in relation to

a child;

2. Contact between any part of the defendant's body or an

object and the genitals or anus of a child;

3. Contact between the genitals or anus of the defendant and

any part of the body of a child;

4. Deriving sexual pleasure or gratification from the

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

pain on a child; or

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

paragraphs 1 through 4 of this subsection.
Okla. Stat. tit. 12, § 12-556.1 — OK Code / Title 12 / Section 12-556.1
Constituency of juries in civil actions - Trial without
Status: in_force

jury in certain cases.

(a) Where the amount in controversy, as stated in the prayer for

relief or an affidavit of a party, or as found by the court where

the amount in controversy is questioned by the adverse party, does

not exceed One Thousand Five Hundred Dollars ($1,500.00), the action

shall be tried to the court without a jury.

(b) In actions for forcible entry and detainer, or detention

only, of real property and collection of rents therefor a jury shall

consist of six (6) persons.

(c) Except as provided in parts (a) and (b) of this section,

actions for the recovery of money or specific real or personal

property or both shall be tried to a jury of twelve (12) persons (1)

if a party requests the recovery of money in the sum of at least Ten

Thousand Dollars ($10,000.00) or (2) if a party files an affidavit

that the action involves at least Ten Thousand Dollars ($10,000.00)

and the adverse party does not controvert the affidavit, or (3) if

the adverse party controverts such an affidavit, if one is filed,

and the court finds that the action involves at least Ten Thousand

Dollars ($10,000.00); all other actions for the recovery of money or

specific real or personal property or both shall be tried to a jury

composed of six (6) persons.
Okla. Stat. tit. 12A, § 12A-1-9-619 — OK Code / Title 12A / Section 12A-1-9-619
Transfer of record or legal title
Status: in_force

TRANSFER OF RECORD OR LEGAL TITLE

(a) In this section, "transfer statement" means a record signed

by a secured party stating:

(1) that the debtor has defaulted in connection with an

obligation secured by specified collateral;

(2) that the secured party has exercised its post-default

remedies with respect to the collateral;

(3) that, by reason of the exercise, a transferee has acquired

the rights of the debtor in the collateral; and

(4) the name and mailing address of the secured party, debtor,

and transferee.

(b) A transfer statement entitles the transferee to the

transfer of record of all rights of the debtor in the collateral

specified in the statement in any official filing, recording,

registration, or certificate-of-title system covering the

collateral. If a transfer statement is presented with the

applicable fee and request form to the official or office

responsible for maintaining the system, the official or office

shall:

(1) accept the transfer statement;

(2) promptly amend its records to reflect the transfer; and

(3) if applicable, issue a new appropriate certificate of title

in the name of the transferee.

(c) A transfer of the record or legal title to collateral to a

secured party under subsection (b) of this section or otherwise is

not of itself a disposition of collateral under this article and

does not of itself relieve the secured party of its duties under

this article.
Okla. Stat. tit. 12, § 12-769 — OK Code / Title 12 / Section 12-769
Place of sale - Officers or appraisers not to purchase
Status: in_force

All sales of lands or tenements under execution shall be held at

the courthouse in the county in which the lands or tenements are

situated, unless some other place within the county is designated by

the judge having jurisdiction in the case; or by public auction

through the Internet or other electronic means, if notice of the

date, time, and place of the intended sale is provided as required

pursuant to Section 764 of this title. For a public auction held

through the Internet or other electronic means, place may include

the Internet website of an online auction marketplace selected by

the sheriff to host and conduct the sheriff's sale of such lands or

tenements. No sheriff or other officer making the sale of property,

either personal or real, nor any appraiser or online auction

marketplace, shall either directly or indirectly purchase the same;

and every purchase so made shall be considered fraudulent and void.

If the online auction marketplace is a corporation, limited

liability company, limited liability partnership, or partnership,

the foregoing restriction shall apply to any director, officer,

employee, managing member, or partner of such appraiser or online

auction marketplace.

R.L. 1910, § 5171. Amended by Laws 1965, c. 173, § 1, emerg. eff.

June 2, 1965; Laws 2022, c. 326, § 4, emerg. eff. May 25, 2022.
Okla. Stat. tit. 12, § 12-1508 — OK Code / Title 12 / Section 12-1508
Oath of commissioners
Status: in_force

Before entering upon their duties, such commissioners shall take

and subscribe an oath that they will perform their duties faithfully

and impartially, to the best of their ability.

R.L. 1910, § 4947.

Oklahoma Statutes - Title 12. Civil Procedure Page 304
Okla. Stat. tit. 12, § 12-1770 — OK Code / Title 12 / Section 12-1770
Small claims judgment as lien - Release
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 339

A. A judgment granted under the Small Claims Procedure Act,

Section 1751 et seq. of Title 12 of the Oklahoma Statutes, shall

become a lien on the real property of the judgment debtor within a

county only from and after the time a Statement of Judgment has been

filed in the office of the county clerk of that county. When

requested, the court clerk shall prepare a Statement of Judgment for

the judgment creditor on a form provided by the Administrative

Office of the Courts which shall include instructions advising the

judgment creditor to file the Statement of Judgment in the office of

the county clerk.

B. The lien of any small claims judgment when satisfied by

payment or otherwise discharged shall be released by the court clerk

upon written application by the judgment debtor. The court clerk

shall mail notice of the judgment debtor's application to the

attorney for the judgment creditor or the judgment creditor, if

there is no attorney, at the last-known address of the attorney or

judgment creditor. If there is no response or objection from the

judgment creditor within ten (10) days after the notice is mailed,

the judgment shall be released. No hearing shall be required unless

requested by a party to the action. When requested, the court clerk

shall prepare a Certificate of Release on a form provided by the

Administrative Office of the Courts. The Certificate of Release

shall include instructions advising the judgment debtor to file the

Certificate of Release in the office of the county clerk. The lien

of the judgment shall be released once the Certificate of Release is

filed in the office of the county clerk.

C. The party filing the application for release shall pay all

recording fees and other costs.
Okla. Stat. tit. 12, § 12-1600.13 — OK Code / Title 12 / Section 12-1600.13
Renumbered as § 313 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12A, § 12A-8-402 — OK Code / Title 12A / Section 12A-8-402
Assurance that Indorsement or Instruction Is Effective
Status: in_force

Assurance that Indorsement or Instruction is Effective.

(a) An issuer may require the following assurance that each

necessary indorsement or each instruction is genuine and authorized:

(1) in all cases, a guaranty of the signature of the

person making an indorsement or originating an

instruction including, in the case of an instruction,

reasonable assurance of identity;

(2) if the indorsement is made or the instruction is

originated by an agent, appropriate assurance of

actual authority to sign;

(3) if the indorsement is made or the instruction is

originated by a fiduciary pursuant to paragraph (4) or

(5) of subsection (a) of Section 8-107 of this title,

appropriate evidence of appointment or incumbency;

(4) if there is more than one fiduciary, reasonable

assurance that all who are required to sign have done

so; and

(5) if the indorsement is made or the instruction is

originated by a person not covered by another

provision of this subsection, assurance appropriate to

the case corresponding as nearly as may be to the

provisions of this subsection.

(b) An issuer may elect to require reasonable assurance beyond

that specified in this section.

(c) In this section:

(1) "Guaranty of the signature" means a guaranty signed by

or on behalf of a person reasonably believed by the

issuer to be responsible. An issuer may adopt

standards with respect to responsibility if they are

not manifestly unreasonable.

(2) "Appropriate evidence of appointment or incumbency"

means:

(i) in the case of a fiduciary appointed or qualified

by a court, a certificate issued by or under the

direction or supervision of the court or an

officer thereof and dated within sixty (60) days

before the date of presentation for transfer; or

(ii) in any other case, a copy of a document showing

the appointment or a certificate issued by or on

behalf of a person reasonably believed by an

issuer to be responsible or, in the absence of

that document or certificate, other evidence the

issuer reasonably considers appropriate.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 446
Okla. Stat. tit. 12A, § 12A-2-715 — OK Code / Title 12A / Section 12A-2-715
Buyer's Incidental and Consequential Damages
Status: in_force

(1) Incidental damages resulting from the seller's breach

include expenses reasonably incurred in inspection, receipt,

transportation and care and custody of goods rightfully rejected,

any commercially reasonable charges, expenses or commissions in

connection with effecting cover and any other reasonable expense

incident to the delay or other breach.

(2) Consequential damages resulting from the seller's breach

include

(a) any loss resulting from general or particular

requirements and needs of which the seller at the time

of contracting had reason to know and which could not

reasonably be prevented by cover or otherwise; and

(b) injury to person or property proximately resulting

from any breach of warranty.