Okla. Stat. tit. 12A, § 12A-1-9-102 — OK Code / Title 12A / Section 12A-1-9-102
Definitions and index of definitions
Status: reserved

DEFINITIONS AND INDEX OF DEFINITIONS

(a) In this article:

(1) "Accession" means goods that are physically united with

other goods in such a manner that the identity of the original goods

is not lost.

(2) (A) "Account", except as used in "account for", "account

statement", "account to", "commodity account" in

paragraph (14) of this subsection, "customer account",

"deposit account" in paragraph (29) of this

subsection, "on account of", and "statement of

account", means a right to payment of a monetary

obligation, whether or not earned by performance:

(i) for property that has been or is to be sold,

leased, licensed, assigned, or otherwise disposed

of;

(ii) for services rendered or to be rendered;

(iii) for a policy of insurance issued or to be issued;

(iv) for a secondary obligation incurred or to be

incurred;

(v) for energy provided or to be provided;

(vi) for the use or hire of a vessel under a charter

or other contract;

(vii) arising out of the use of a credit or charge card

or information contained on or for use with the

card; or

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(viii) as winnings in a lottery or other game of chance

operated or sponsored by a state, governmental

unit of a state, or a person licensed or

authorized to operate the game by a state or

governmental unit of a state.

(B) The term includes controllable accounts and health-

care-insurance receivables.

(C) The term does not include:

(i) chattel paper;

(ii) commercial tort claims;

(iii) deposit accounts;

(iv) investment property;

(v) letter-of-credit rights or letters of credit;

(vi) rights to payment for money or funds advanced or

sold, other than rights arising out of the use of

a credit or charge card or information contained

on or for use with the card; or

(vii) rights to payment evidenced by an instrument.

(3) "Account debtor" means a person obligated on an account,

chattel paper, or general intangible. The term does not include

persons obligated to pay a negotiable instrument, even if the

negotiable instrument evidences chattel paper.

(4) "Accounting", except as used in "accounting for", means a

record:

(A) signed by a secured party;

(B) indicating the aggregate unpaid secured obligations as

of a date not more than thirty-five (35) days earlier

or thirty-five (35) days later than the date of the

record; and

(C) identifying the components of the obligations in

reasonable detail.

(5) "Agricultural lien" means an interest in farm products:

(A) which secures payment or performance of an obligation

for:

(i) goods or services furnished in connection with a

debtor's farming operation; or

(ii) rent on real property leased by a debtor in

connection with its farming operation;

(B) which is created by statute in favor of a person that:

(i) in the ordinary course of its business furnished

goods or services to a debtor in connection with

a debtor's farming operation; or

(ii) leased real property to a debtor in connection

with the debtor's farming operation; and

(C) whose effectiveness does not depend on the person's

possession of the personal property.

(6) "As-extracted collateral" means:

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(A) oil, gas, or other minerals that are subject to a

security interest that:

(i) is created by a debtor having an interest in the

minerals before extraction; and

(ii) attaches to the minerals as extracted; or

(B) accounts arising out of the sale at the wellhead or

minehead of oil, gas, or other minerals in which the

debtor had an interest before extraction.

(7) Reserved.

(7A) "Assignee", except as used in "assignee for benefit of

creditors", means a person:

(A) in whose favor a security interest that secures an

obligation is created or provided for under a security

agreement, whether or not the obligation is

outstanding; or

(B) to which an account, chattel paper, payment

intangible, or promissory note has been sold. The

term includes a person to which a security interest

has been transferred by a secured party.

(7B) "Assignor" means a person that:

(A) under a security agreement, creates or provides for a

security interest that secures an obligation; or

(B) sells an account, chattel paper, payment intangible,

or promissory note. The term includes a secured party

that has transferred a security interest to another

person.

(8) "Bank" means an organization that is engaged in the

business of banking. The term includes savings banks, savings and

loan associations, credit unions, and trust companies.

(9) "Cash proceeds" means proceeds that are money, checks,

deposit accounts, or the like.

(10) "Certificate of title" means a certificate of title with

respect to which a statute provides for the security interest in

question to be indicated on the certificate as a condition or result

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

lien creditor with respect to the collateral. The term includes

another record maintained as an alternative to a certificate of

title by the governmental unit that issues certificates of title if

a statute permits the security interest in question to be indicated

on the record as a condition or result of the security interest's

obtaining priority over the rights of a lien creditor with respect

to the collateral.

(11) "Chattel paper" means:

(A) a right to payment of a monetary obligation secured by

specific goods, if the right to payment and security

agreement are evidenced by a record; or

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(B) a right to payment of a monetary obligation owed by a

lessee under a lease agreement with respect to

specific goods and a monetary obligation owed by the

lessee in connection with the transaction giving rise

to the lease, if:

(i) the right to payment and lease agreement are

evidenced by a record; and

(ii) the predominant purpose of the transaction giving

rise to the lease was to give the lessee the

right to possession and use of the goods.

The term does not include a right to payment arising out of a

charter or other contract involving the use or hire of a vessel or a

right to payment arising out of the use of a credit or charge card

or information contained on or for use with the card.

(12) "Collateral" means the property subject to a security

interest or agricultural lien. The term includes:

(A) proceeds to which a security interest attaches;

(B) accounts, chattel paper, payment intangibles, and

promissory notes that have been sold; and

(C) goods that are the subject of a consignment.

(13) "Commercial tort claim" means a claim arising in tort with

respect to which:

(A) the claimant is an organization; or

(B) the claimant is an individual and the claim:

(i) arose in the course of the claimant's business or

profession; and

(ii) does not include damages arising out of personal

injury to or the death of an individual.

(14) "Commodity account" means an account maintained by a

commodity intermediary in which a commodity contract is carried for

a commodity customer.

(15) "Commodity contract" means a commodity futures contract,

an option on a commodity futures contract, a commodity option, or

another contract if the contract or option is:

(A) traded on or subject to the rules of a board of trade

that has been designated as a contract market for such

a contract pursuant to federal commodities laws; or

(B) traded on a foreign commodity board of trade,

exchange, or market, and is carried on the books of a

commodity intermediary for a commodity customer.

(16) "Commodity customer" means a person for which a commodity

intermediary carries a commodity contract on its books.

(17) "Commodity intermediary" means a person that:

(A) is registered as a futures commission merchant under

federal commodities law; or

(B) in the ordinary course of its business provides

clearance or settlement services for a board of trade

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that has been designated as a contract market pursuant

to federal commodities law.

(18) "Communicate" means:

(A) to send a written or other tangible record;

(B) to transmit a record by any means agreed upon by the

persons sending and receiving the record; or

(C) in the case of transmission of a record to or by a

filing office, to transmit a record by any means

prescribed by filing-office rule.

(19) "Consignee" means a merchant to which goods are delivered

in a consignment.

(20) "Consignment" means a transaction, regardless of its form,

in which a person delivers goods to a merchant for the purpose of

sale and:

(A) the merchant:

(i) deals in goods of that kind under a name other

than the name of the person making delivery;

(ii) is not an auctioneer; and

(iii) is not generally known by its creditors to be

substantially engaged in selling the goods of

others;

(B) with respect to each delivery, the aggregate value of

the goods is One Thousand Dollars ($1,000.00) or more

at the time of delivery;

(C) the goods are not consumer goods immediately before

delivery; and

(D) the transaction does not create a security interest

that secures an obligation.

(21) "Consignor" means a person that delivers goods to a

consignee in a consignment.

(22) "Consumer debtor" means a debtor in a consumer

transaction.

(23) "Consumer goods" means goods that are used or bought for

use primarily for personal, family, or household purposes.

(24) "Consumer-goods transaction" means a consumer transaction

in which:

(A) an individual incurs an obligation primarily for

personal, family, or household purposes; and

(B) a security interest in consumer goods secures the

obligation.

(25) "Consumer obligor" means an obligor who is an individual

and who incurred the obligation as part of a transaction entered

into primarily for personal, family, or household purposes.

(26) "Consumer transaction" means a transaction in which (i) an

individual incurs an obligation primarily for personal, family, or

household purposes, (ii) a security interest secures the obligation,

and (iii) the collateral is held or acquired primarily for personal,

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family, or household purposes. The term includes consumer-goods

transactions.

(27) "Continuation statement" means an amendment of a financing

statement which:

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

statement to which it relates; and

(B) indicates that it is a continuation statement for, or

that it is filed to continue the effectiveness of, the

identified financing statement.

(27A) "Controllable account" means an account evidenced by a

controllable electronic record that provides that the account debtor

undertakes to pay the person that has control under Section 12-105

of this title of the controllable electronic record.

(27B) "Controllable payment intangible" means a payment

intangible evidenced by a controllable electronic record that

provides that the account debtor undertakes to pay the person that

has control under Section 12-105 of this title of the controllable

electronic record.

(28) "Debtor" means:

(A) a person having an interest, other than a security

interest or other lien, in the collateral, whether or

not the person is an obligor;

(B) a seller of accounts, chattel paper, payment

intangibles, or promissory notes; or

(C) a consignee.

(29) "Deposit account" means a demand, time, savings, passbook,

or similar account maintained with a bank as defined in paragraph

(8) of this subsection. The term does not include investment

property or a deposit account evidenced by an instrument.

(30) "Document" means a document of title or a receipt of the

type described in subsection (b) of Section 7-201 of this title.

(31) Reserved.

(32) "Encumbrance" means a right, other than an ownership

interest, in real property. The term includes mortgages and other

liens on real property.

(33) "Equipment" means goods other than inventory, farm

products, or consumer goods.

(34) "Farm products" means goods, other than standing timber,

with respect to which the debtor is engaged in a farming operation

and which are:

(A) crops grown, growing, or to be grown, including:

(i) crops produced on trees, vines, and bushes; and

(ii) aquatic goods produced in aquacultural

operations;

(B) livestock, born or unborn, including aquatic goods

produced in aquacultural operations;

(C) supplies used or produced in a farming operation; or

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(D) products of crops or livestock in their unmanufactured

states.

(35) "Farming operation" means raising, cultivating,

propagating, fattening, grazing, or any other farming, livestock, or

aquacultural operation.

(36) "File number" means the number assigned to an initial

financing statement pursuant to subsection (a) of Section 1-9-519 of

this title.

(37) "Filing office" means an office designated in Section 1-9-

501 as the place to file a financing statement.

(38) "Filing-office rule" means a rule adopted pursuant to

Sections 1-9-526 and 1-9-526.1 of this title.

(39) "Financing statement" means a record or records composed

of an initial financing statement and any filed record relating to

the initial financing statement.

(40) "Fixture filing" means the filing of a financing statement

covering goods that are or are to become fixtures and satisfying

subsections (a) and (b) of Section 1-9-502 of this title. The term

includes the filing of a financing statement covering goods of a

transmitting utility which are or are to become fixtures.

(41) "Fixtures" means goods that have become so related to

particular real property that an interest in them arises under real

property law.

(42) "General intangible" means any personal property,

including things in action, other than accounts, chattel paper,

commercial tort claims, deposit accounts, documents, goods,

instruments, investment property, letter-of-credit rights, letters

of credit, money, and oil, gas, or other minerals before extraction.

The term includes controllable electronic records, payment

intangibles and software.

(43) "Good faith" means honesty in fact and the observance of

reasonable commercial standards of fair dealing.

(44) (A) "Goods" means all things that are movable when a

security interest attaches.

(B) The term includes:

(i) fixtures;

(ii) standing timber that is to be cut and removed

under a conveyance or contract for sale;

(iii) the unborn young of animals;

(iv) crops grown, growing, or to be grown, even if the

crops are produced on trees, vines, or bushes;

and

(v) manufactured homes.

(C) The term also includes a computer program embedded in

goods and any supporting information provided in

connection with a transaction relating to the program

if:

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(i) the program is associated with the goods in such

a manner that it customarily is considered part

of the goods; or

(ii) by becoming the owner of the goods, a person

acquires a right to use the program in connection

with the goods.

(D) The term does not include a computer program which is

embedded in goods and that consist solely of the

medium in which the program is embedded.

(E) The term also does not include accounts, chattel

paper, commercial tort claims, deposit accounts,

documents, general intangibles, instruments,

investment property, letter-of-credit rights, letters

of credit, money, or oil, gas, or other minerals

before extraction.

(45) "Governmental unit" means a subdivision, agency,

department, county, parish, municipality, or other unit of the

government of the United States, a state, or a foreign country. The

term includes an organization having a separate corporate existence

if the organization is eligible to issue debt on which interest is

exempt from income taxation under the laws of the United States.

(46) "Health-care-insurance receivable" means an interest in or

claim under a policy of insurance which is a right to payment of a

monetary obligation for health-care goods or services provided or to

be provided.

(47) (A) "Instrument" means a negotiable instrument or any

other writing that evidences a right to the payment of

a monetary obligation, is not itself a security

agreement or lease, and is of a type that in ordinary

course of business is transferred by delivery with any

necessary endorsement or assignment.

(B) "Instrument" includes:

(i) an instrument as defined in subparagraph (A) of

this paragraph, whether the instrument is subject

to Section 3-104 of this title because it is not

payable to order; and

(ii) a writing that contains both an acknowledgment by

a bank as defined in paragraph (8) of this

subsection that a sum of money has been received

by the bank and its promise to repay the sum of

money, which is considered a certificate of

deposit by the bank issuing it, even if the

writing provides that it is nontransferable or

uses similar language.

(C) The term does not include:

(i) investment property;

(ii) letters of credit;

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(iii) writings that evidence a right to payment arising

out of the use of a credit or charge card or

information contained on or for use with the

card; or

(iv) writings that evidence chattel paper.

(48) "Inventory" means goods, other than farm products, which:

(A) are leased by a person as lessor;

(B) are held by a person for sale or lease or to be

furnished under a contract of service;

(C) are furnished by a person under a contract of service;

or

(D) consist of raw materials, work in process, or

materials used or consumed in a business.

(49) "Investment property" means a security, whether

certificated or uncertificated, security entitlement, securities

account, commodity contract, or commodity account.

(50) "Jurisdiction of organization", with respect to a

registered organization, means the jurisdiction under whose law the

organization is formed or organized.

(51) "Letter-of-credit right" means a right to payment or

performance under a letter of credit, whether or not the beneficiary

has demanded or is at the time entitled to demand payment or

performance. The term does not include the right of a beneficiary

to demand payment or performance under a letter of credit.

(52) "Lien creditor" means:

(A) a creditor that has acquired a lien on the property

involved by attachment, levy, or the like;

(B) an assignee for benefit of creditors from the time of

assignment;

(C) a trustee in bankruptcy from the date of the filing of

the petition; or

(D) a receiver in equity from the time of appointment.

(53) (A) "Manufactured home" means a structure, transportable

in one or more sections, which:

(i) in the traveling mode, is eight (8) body feet or

more in width or forty (40) body feet or more in

length, or, when erected on site, is three

hundred twenty (320) or more square feet;

(ii) is built on a permanent chassis;

(iii) is designed to be used as a dwelling with or

without a permanent foundation when connected to

the required utilities; and

(iv) includes the plumbing, heating, air-conditioning,

and electrical systems contained therein.

(B) The term includes any structure that meets all of the

requirements of this paragraph except the size

requirements and with respect to which the

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manufacturer voluntarily files a certification

required by the United States Secretary of Housing and

Urban Development and complies with the standards

established under Title 42 of the United States Code.

(54) "Manufactured-home transaction" means a secured

transaction:

(A) that creates a purchase-money security interest in a

manufactured home, other than a manufactured home held

as inventory; or

(B) in which a manufactured home, other than a

manufactured home held as inventory, is the primary

collateral.

(54A) "Money" has the same meaning as in paragraph (24) of

subsection (b) of Section 1-201 of this title, but does not include

a deposit account.

(55) "Mortgage" means a consensual interest in real property,

including fixtures, which secures payment or performance of an

obligation.

(56) "New debtor" means a person that becomes bound as a debtor

under subsection (d) of Section 1-9-203 of this title by a security

agreement previously entered into by another person.

(57) (A) "New value" means:

(i) money;

(ii) money's worth in property, services, or new

credit; or

(iii) release by a transferee of an interest in

property previously transferred to the

transferee.

(B) The term does not include an obligation substituted

for another obligation.

(58) "Noncash proceeds" means proceeds other than cash

proceeds.

(59) (A) "Obligor" means a person that, with respect to an

obligation secured by a security interest in or an

agricultural lien on the collateral:

(i) owes payment or other performance of the

obligation;

(ii) has provided property other than the collateral

to secure payment or other performance of the

obligation; or

(iii) is otherwise accountable in whole or in part for

payment or other performance of the obligation.

(B) The term does not include issuers or nominated persons

under a letter of credit.

(60) "Original debtor" means a person that, as debtor, entered

into a security agreement to which a new debtor has become bound

under subsection (d) of Section 1-9-203 of this title.

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(61) "Payment intangible" means a general intangible under

which the account debtor's principal obligation is a monetary

obligation. The term includes a controllable payment intangible.

(62) "Person related to", with respect to an individual, means:

(A) the spouse of the individual;

(B) a brother, brother-in-law, sister, or sister-in-law of

the individual;

(C) an ancestor or lineal descendant of the individual or

the individual's spouse; or

(D) any other relative, by blood or marriage, of the

individual or the individual's spouse who shares the

same home with the individual.

(63) "Person related to", with respect to an organization,

means:

(A) a person directly or indirectly controlling,

controlled by, or under common control with the

organization;

(B) an officer or director of, or a person performing

similar functions with respect to, the organization;

(C) an officer or director of, or a person performing

similar functions with respect to, a person described

in subparagraph (A) of this paragraph;

(D) the spouse of an individual described in subparagraph

(A), (B), or (C) of this paragraph; or

(E) an individual who is related by blood or marriage to

an individual described in subparagraph (A), (B), (C),

or (D) of this paragraph and who shares the same home

with the individual.

(64) "Proceeds" means the following property:

(A) whatever is acquired upon the sale, lease, license,

exchange, or other disposition of collateral;

(B) whatever is collected on, or distributed on account

of, collateral;

(C) rights arising out of collateral;

(D) to the extent of the value of collateral, claims

arising out of the loss, nonconformity, or

interference with the use of, defects or infringement

of rights in, or damage to, the collateral; or

(E) to the extent of the value of collateral and to the

extent payable to the debtor or the secured party,

insurance payable by reason of the loss or

nonconformity of, defects or infringement of rights

in, or damage to, the collateral.

(65) "Promissory note" means an instrument that evidences a

promise to pay a monetary obligation, does not evidence an order to

pay, and does not contain an acknowledgment by a bank that the bank

has received for deposit a sum of money or funds.

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(66) "Proposal" means a record signed by a secured party which

includes the terms on which the secured party is willing to accept

collateral in full or partial satisfaction of the obligation it

secures pursuant to Sections 1-9-620, 1-9-621, and 1-9-622 of this

title.

(67) "Public-finance transaction" means a secured transaction

in connection with which:

(A) debt securities are issued;

(B) all or a portion of the securities issued have an

initial stated maturity of at least twenty (20) years;

and

(C) the debtor, obligor, secured party, account debtor or

other person obligated on collateral, assignor or

assignee of a secured obligation, or assignor or

assignee of a security interest is a state or a

governmental unit of a state.

(68) "Public organic record" means a record that is available

to the public for inspection and that is:

(A) a record consisting of the record initially filed with

or issued by a state or the United States to form or

organize an organization and any record filed with or

issued by the state or the United States which amends

or restates the initial record;

(B) an organic record of a business trust consisting of

the record initially filed with a state and any record

filed with the state which amends or restates the

initial record, if a statute of the state governing

business trusts requires that the record be filed with

the state; or

(C) a record consisting of legislation enacted by the

Legislature of a state or the Congress of the United

States which forms or organizes an organization, any

record amending the legislation, and any record filed

with or issued by the state or United States which

amends or restates the name of the organization.

(69) "Pursuant to commitment", with respect to an advance made

or other value given by a secured party, means pursuant to the

secured party's obligation, whether or not a subsequent event of

default or other event not within the secured party's control has

relieved or may relieve the secured party from its obligation.

(70) "Record", except as used in "for record", "of record",

"record or legal title", and "record owner", means information that

is inscribed on a tangible medium or which is stored in an

electronic or other medium and is retrievable in perceivable form.

(71) "Registered organization" means an organization formed or

organized solely under the law of a single state or the United

States by the filing of a public organic record with, the issuance

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 32

of a public organic record by, or the enactment of legislation by

the state or United States. The term includes a business trust that

is formed or organized under the law of a single state if a statute

of the state governing business trusts requires that the business

trusts' organic record be filed with the state.

(72) "Secondary obligor" means an obligor to the extent that:

(A) the obligor's obligation is secondary; or

(B) the obligor has a right of recourse with respect to an

obligation secured by collateral against the debtor,

another obligor, or property of either.

(73) "Secured party" means:

(A) a person in whose favor a security interest is created

or provided for under a security agreement, whether or

not any obligation to be secured is outstanding;

(B) a person that holds an agricultural lien;

(C) a consignor;

(D) a person to which accounts, chattel paper, payment

intangibles, or promissory notes have been sold;

(E) a trustee, indenture trustee, agent, collateral agent,

or other representative in whose favor a security

interest or agricultural lien is created or provided

for; or

(F) a person that holds a security interest arising under

Section 2-401, 2-505, paragraph (3) of Section 2-711,

paragraph (5) of Section 2A-508, 4-210, or 5-118 of

this title.

(74) "Security agreement" means an agreement that creates or

provides for a security interest.

(75) Reserved.

(76) "Software" means a computer program and any supporting

information provided in connection with a transaction relating to

the program. The term does not include a computer program that is

included in the definition of goods.

(77) "State" means a state of the United States, the District

of Columbia, Puerto Rico, the United States Virgin Islands, or any

territory or insular possession subject to the jurisdiction of the

United States.

(78) "Supporting obligation" means a letter-of-credit right or

secondary obligation that supports the payment or performance of an

account, chattel paper, a document, a general intangible, an

instrument, or investment property.

(79) Reserved.

(80) "Termination statement" means an amendment of a financing

statement which:

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

statement to which it relates; and

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(B) indicates either that it is a termination statement or

that the identified financing statement is no longer

effective.

(81) "Transmitting utility" means a person primarily engaged in

the business of:

(A) operating a railroad, subway, street railway, or

trolley bus;

(B) transmitting communications electrically,

electromagnetically, or by light;

(C) transmitting goods by pipeline or sewer; or

(D) transmitting or producing and transmitting

electricity, steam, gas, or water.

(b) "Control" as provided in Section 7-106 of this title and

the following definitions in other articles of this title apply to

this article:

"Applicant" - Section 5-102 of this title.

"Beneficiary" - Section 5-102 of this title.

"Broker" - Section 8-102 of this title.

"Certificated security" - Section 8-102 of this title.

"Check" - Section 3-104 of this title.

"Clearing corporation" - Section 8-102 of this title.

"Contract for sale" - Section 2-106 of this title.

"Controllable electronic record" – Section 12-102 of this title.

"Customer" - Section 4-104 of this title.

"Entitlement holder" - Section 8-102 of this title.

"Financial asset" - Section 8-102 of this title.

"Holder in due course" - Section 3-302 of this title.

"Issuer" (with respect to a letter of credit or letter-of-credit

right)- Section 5-102 of this title.

"Issuer" – (with respect to a security) – Section 8-201 of this

title.

"Issuer" – (with respect to documents of title) – Section 7-102

of this title.

"Lease" - Section 2A-103 of this title.

"Lease agreement" - Section 2A-103 of this title.

"Lease contract" - Section 2A-103 of this title.

"Leasehold interest" - Section 2A-103 of this title.

"Lessee" - Section 2A-103 of this title.

"Lessee in ordinary course of business" - Section 2A-103 of this

title.

"Lessor" - Section 2A-103 of this title.

"Lessor's residual interest" - Section 2A-103 of this title.

"Letter of credit" - Section 5-102 of this title.

"Merchant" - Section 2-104 of this title.

"Negotiable instrument" - Section 3-104 of this title.

"Nominated person" - Section 5-102 of this title.

"Note" - Section 3-104 of this title.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 34

"Proceeds of a letter of credit" - Section 5-114 of this title.

"Protected purchaser" – Section 8-303 of this title.

"Prove" - Section 3-103 of this title.

"Qualifying purchaser" – Section 12-102 of this title.

"Sale" - Section 2-106 of this title.

"Securities account" - Section 8-501 of this title.

"Securities intermediary" - Section 8-102 of this title.

"Security" - Section 8-102 of this title.

"Security certificate" - Section 8-102 of this title.

"Security entitlement" - Section 8-102 of this title.

"Uncertificated security" - Section 8-102 of this title.

(c) Article 1 of this title contains general definitions and

principles of construction and interpretation applicable throughout

this article.
Okla. Stat. tit. 12A, § 12A-4-103 — OK Code / Title 12A / Section 12A-4-103
Variation by Agreement; Measure of Damages; Certain Action Constituting Ordinary
Status: in_force

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 10Action Constituting Ordinary Care.

VARIATION BY AGREEMENT; MEASURE OF

DAMAGES; CERTAIN ACTION CONSTITUTING ORDINARY CARE

(a) The effect of the provisions of this article may be varied

by agreement, but the parties to the agreement cannot disclaim a

bank's responsibility for its lack of good faith or failure to

exercise ordinary care or limit the measure of damages for the lack

or failure; however, the parties may determine by agreement the

standards by which the bank's responsibility is to be measured if

those standards are not manifestly unreasonable.

(b) Federal Reserve regulations and operating circulars,

clearing-house rules, and the like have the effect of agreements

under subsection (a) of this section, whether or not specifically

assented to by all parties interested in items handled.

(c) Action or non-action approved by this article or pursuant

to Federal Reserve regulations or operating circulars is the

exercise of ordinary care and, in the absence of special

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 331

instructions, action or non-action consistent with clearing-house

rules and the like or with a general banking usage not disapproved

by this article, is prima facie the exercise of ordinary care.

(d) The specification or approval of certain procedures by this

article is not disapproval of other procedures that may be

reasonable under the circumstances.

(e) The measure of damages for failure to exercise ordinary

care in handling an item is the amount of the item reduced by an

amount that could not have been realized by the exercise of

ordinary care. If there is also bad faith it includes any other

damages the party suffered as a proximate consequence.
Okla. Stat. tit. 12A, § 12A-3-204 — OK Code / Title 12A / Section 12A-3-204
Indorsement
Status: in_force

INDORSEMENT

(a) "Indorsement" means a signature, other than that of a

signer as maker, drawer, or acceptor, that alone or accompanied by

other words is made on an instrument for the purpose of (i)

negotiating the instrument, (ii) restricting payment of the

instrument, or (iii) incurring indorser's liability on the

instrument, but regardless of the intent of the signer, a signature

and its accompanying words is an indorsement unless the accompanying

words, terms of the instrument, place of the signature, or other

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 293

circumstances unambiguously indicate that the signature was made for

a purpose other than indorsement. For the purpose of determining

whether a signature is made on an instrument, a paper affixed to the

instrument is a part of the instrument.

(b) "Indorser" means a person who makes an indorsement.

(c) For the purpose of determining whether the transferee of an

instrument is a holder, an indorsement that transfers a security

interest in the instrument is effective as an unqualified

indorsement of the instrument.

(d) If an instrument is payable to a holder under a name that

is not the name of the holder, indorsement may be made by the holder

in the name stated in the instrument or in the holder's name or

both, but signature in both names may be required by a person paying

or taking the instrument for value or collection.
Okla. Stat. tit. 12, § 12-109 — OK Code / Title 12 / Section 12-109
Limitation of action to recover damages arising from
Status: in_force

design, planning or construction of improvement to real property.

Oklahoma Statutes - Title 12. Civil Procedure Page 59

No action in tort to recover damages

(i) for any deficiency in the design, planning, supervision or

observation of construction or construction of an improvement to

real property,

(ii) for injury to property, real or personal, arising out of

any such deficiency, or

(iii) for injury to the person or for wrongful death arising out

of any such deficiency,

shall be brought against any person owning, leasing, or in

possession of such an improvement or performing or furnishing the

design, planning, supervision or observation of construction or

construction of such an improvement more than ten (10) years after

substantial completion of such an improvement.Oklahoma Statutes - Title 12. Civil Procedure Page 2
Okla. Stat. tit. 12, § 12-2612 — OK Code / Title 12 / Section 12-2612
Writing used to refresh memory
Status: in_force

If a witness uses a record or object to refresh the witness’s

memory either while testifying or before testifying, the court shall

allow an adverse party to have the record or object produced at the

hearing, to inspect it, to cross-examine the witness thereon and to

introduce in evidence those portions which relate to the testimony

of the witness. If it is claimed by an opposing party that the

record or object contains matters not related to the subject matter

of the testimony, the court shall examine the record or object in

chambers, excise any portions not so related, and order delivery of

the remainder to the party entitled thereto. Any portion withheld

over objections shall be preserved and made available to the

appellate court in the event of an appeal. If a record or object is

not produced, made available for inspection, or delivered pursuant

to order, the court shall make any order justice requires, but in

criminal cases if the prosecution elects not to comply, the order

shall be an order striking the testimony or declaring a mistrial.
Okla. Stat. tit. 12, § 12-1276.3 — OK Code / Title 12 / Section 12-1276.3
Renumbered as § 111.1 of Title 43 by Laws 1990, c. 171,
Status: in_force

§ 3, operative July 1, 1990 and Laws 1990, c. 188, § 2, eff. Sept.

1, 1990.
Okla. Stat. tit. 12, § 12-1186 — OK Code / Title 12 / Section 12-1186
Garnishee not liable for what - Judgment on unmatured
Status: in_force

obligation.

No judgment shall be rendered upon a liability of the garnishee

arising --

First, By reason of his having drawn, accepted, made, endorsed

or guaranteed any negotiable bill, draft, note, or other security.

Second, By reason of any money or other thing received or

collected by him as sheriff or other officer, by force of an

execution or other legal process in favor of the defendant.

Third, By reason of any money in his hands as a public officer,

and for which he is accountable to the defendant merely as such

officer.

Fourth, By reason of any money or other thing owing from him to

the defendant, unless before judgment against the defendant it shall

become due absolutely and without depending on any future emergency.

Judgment may be given for any money or other thing owing, although

it has not become payable, in which case the garnishee shall not be

required to pay or deliver it before the time appointed by the

contract.

R.L. 1910, § 4836.
Okla. Stat. tit. 12A, § 12A-1-305 — OK Code / Title 12A / Section 12A-1-305
Remedies to be liberally administered
Status: in_force

Remedies to Be Liberally Administered.

(a) The remedies provided by the Uniform Commercial Code must be

liberally administered to the end that the aggrieved party may be

put in as good a position as if the other party had fully performed

but neither consequential or special nor penal damages may be had

except as specifically provided in the Uniform Commercial Code or by

other rule of law.

(b) Any right or obligation declared by the Uniform Commercial

Code is enforceable by action unless the provision declaring it

specifies a different and limited effect.
Okla. Stat. tit. 12, § 12-772 — OK Code / Title 12 / Section 12-772
Deed by successor of officer making sale
Status: in_force

If the term of service of the sheriff or other officer who has

made, or shall hereafter make sale of any lands and tenements, shall

expire, or if the sheriff or other officer shall be absent, or be

rendered unable by death or otherwise, to make a deed of conveyance

of the same, any succeeding sheriff or other officer, on receiving a

certificate from the court from which the execution issued for the

sale of said lands and tenements, signed by the clerk, by order of

said court, setting forth that sufficient proof has been made to the

court that said sale was fairly and legally made, and on tender of

the purchase money, or if the same or any part thereof be paid then

on proof of such payment and tender of the balance, if any, may

execute to the said purchaser or purchasers, or his or their legal

representatives, a deed of conveyance of said lands and tenements so

sold. Such deed shall be as good and valid in law and have the same

effect as if the sheriff or other officer who made the sale had

executed the same.

R.L. 1910, § 5174.
Okla. Stat. tit. 12A, § 12A-2A-213 — OK Code / Title 12A / Section 12A-2A-213
Implied warranty of fitness for particular purpose
Status: in_force

IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE

Except in a finance lease, if the lessor at the time the lease

contract is made has reason to know of any particular purpose for

which the goods are required and that the lessee is relying on the

lessor's skill or judgment to select or furnish suitable goods,

there is in the lease contract an implied warranty that the goods

will be fit for that purpose.
Okla. Stat. tit. 12A, § 12A-4-402 — OK Code / Title 12A / Section 12A-4-402
Bank's Liability to Customer for Wrongful Dishonor;
Status: in_force

Time for Determining Insufficiency of Account.

BANK'S LIABILITY TO CUSTOMER FOR WRONGFUL DISHONOR;

TIME FOR DETERMINING INSUFFICIENCY OF ACCOUNT

(a) Except as otherwise provided in this article, a payor bank

wrongfully dishonors an item if it dishonors an item that is

properly payable, but a bank may dishonor an item that would create

an overdraft unless it has agreed to pay the overdraft.

(b) A payor bank is liable to its customer for damages

proximately caused by the wrongful dishonor of an item. Liability

is limited to actual damages proved and may include damages for an

arrest or prosecution of the customer or other consequential

damages. Whether any consequential damages are proximately caused

by the wrongful dishonor is a question of fact to be determined in

each case.

(c) A payor bank's determination of the customer's account

balance on which a decision to dishonor for insufficiency of

available funds is based and may be made at any time between the

time the item is received by the payor bank and the time that the

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 349

payor bank returns the item or gives notice in lieu of return, and

no more than one (1) determination need be made. If, at the

election of the payor bank, a subsequent balance determination is

made for the purpose of reevaluating the bank's decision to dishonor

the item, the account balance at that time is determinative of

whether a dishonor for insufficiency of available funds is wrongful.
Okla. Stat. tit. 12, § 12-2412 — OK Code / Title 12 / Section 12-2412
Sexual offense against another person - Evidence of other
Status: in_force

sexual behavior inadmissible - Exceptions.

A. In a criminal case in which a person is accused of a sexual

offense against another person, the following is not admissible:

1. Evidence of reputation or opinion regarding other sexual

behavior of a victim or the sexual offense alleged.

2. Evidence of specific instances of sexual behavior of an

alleged victim with persons other than the accused offered on the

issue of whether the alleged victim consented to the sexual behavior

with respect to the sexual offense alleged.

Oklahoma Statutes - Title 12. Civil Procedure Page 449

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

require the exclusion of evidence of:

1. Specific instances of sexual behavior if offered for a

purpose other than the issue of consent, including proof of the

source of semen, pregnancy, disease or injury;

2. False allegations of sexual offenses; or

3. Similar sexual acts in the presence of the accused with

persons other than the accused which occurs at the time of the event

giving rise to the sexual offense alleged.

C. 1. If the defendant intends to offer evidence described in

subsection B of this section, the defendant shall file a written

motion to offer such evidence accompanied by an offer of proof not

later than fifteen (15) days before the date on which the trial in

which such evidence is to be offered is scheduled to begin, except

that the court may allow the motion to be made at a later date,

including during trial, if the court determines either that the

evidence is newly discovered and could not have been obtained

earlier through the exercise of due diligence or that the issue to

which such evidence relates has newly arisen in the case. Any

motion made under this paragraph shall be served on all other

parties by counsel for the defendant and on the alleged victim by

the district attorney.

2. If the court determines that the motion and offer of proof

described in paragraph 1 of this subsection contains evidence

described in subsection B of this section, the court may order an

in-camera hearing to determine whether the proffered evidence is

admissible under subsection B of this section.
Okla. Stat. tit. 12, § 12-2404 — OK Code / Title 12 / Section 12-2404
Character evidence not admissible to prove conduct -
Status: in_force

Exceptions - Other crimes.

A. Evidence of a person's character or a trait of his character

is not admissible for the purpose of proving action in conformity

therewith on a particular occasion, except:

1. Evidence of a pertinent trait of character offered by an

accused or by the prosecution to rebut the same;

2. Evidence of a pertinent trait of character of the victim of

the crime offered by an accused, or by the prosecution to rebut the

same, or evidence of a character trait of peacefulness of the victim

offered by the prosecution in a homicide case to rebut evidence that

the victim was the first aggressor; or

3. Evidence of the character of a witness, as provided in

Sections 2607, 2608 and 2609 of this Code.

B. Evidence of other crimes, wrongs, or acts is not admissible

to prove the character of a person in order to show action in

conformity therewith. It may, however, be admissible for other

purposes, such as proof of motive, opportunity, intent, preparation,

plan, knowledge, identity or absence of mistake or accident.
Okla. Stat. tit. 12A, § 12A-7-509 — OK Code / Title 12A / Section 12A-7-509
Adequate compliance with commercial contract
Status: in_force

Adequate Compliance With Commercial Contract.

Whether a document is adequate to fulfill the obligations of a

contract for sale, a contract for lease, or the conditions of a

letter of credit is determined by Article 2, 2A, or 5.
Okla. Stat. tit. 12A, § 12A-1-9-320.5 — OK Code / Title 12A / Section 12A-1-9-320.5
Immunity from liability
Status: in_force

IMMUNITY FROM LIABILITY

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

who purchases or sells farm products in the ordinary course of

business from or for a person engaged in farming operations shall

not be liable for errors or inaccuracies generated by the central

filing system provided for in Section 1-9-320.6 of this title if the

buyer, commission merchant, or selling agent has otherwise complied

with the provisions of Sections 1-9-320.1 through 1-9-320.7 of this

title.
Okla. Stat. tit. 12, § 12-589 — OK Code / Title 12 / Section 12-589
When special finding inconsistent with general verdict
Status: in_force

When the special finding of facts is inconsistent with the

general verdict, the former controls the latter and the court may

give judgment accordingly.

R.L. 1910, § 5014.
Okla. Stat. tit. 12A, § 12A-1-9-518 — OK Code / Title 12A / Section 12A-1-9-518
Claim concerning inaccurate or wrongfully filed
Status: in_force

record.

CLAIM CONCERNING INACCURATE OR WRONGFULLY FILED RECORD

(a) A person may file in the filing office an information

statement with respect to a record indexed there under the person's

name if the person believes that the record is inaccurate or was

wrongfully filed.

(b) An information statement under subsection (a) of this

section must:

(1) identify the record to which it relates by:

(A) the file number of the initial financing statement to

which the record relates; and

(B) if the information statement relates to a record filed

or recorded in a filing office described in paragraph

(1) of subsection (a) of Section 1-9-501 of this

title, the file number, the date that the initial

financing statement was filed or recorded, and the

information specified in subsection (b) of Section 1-

9-502 of this title;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 119

(2) indicate that it is an information statement; and

(3) provide the basis for the person's belief that the record

is inaccurate and indicate the manner in which the person believes

the record should be amended to cure any inaccuracy or provide the

basis for the person's belief that the record was wrongfully filed.

(c) A person may file in the filing office an information

statement with respect to a record filed there if the person is a

secured party of record with respect to the financing statement to

which the record relates and believes that the person that filed the

record was not entitled to do so under subsection (d) of Section 1-

9-509 of this title.

(d) An information statement under subsection (c) of this

section must:

(1) identify the record to which it relates by:

(A) the file number assigned to the initial financing

statement to which the record relates; and

(B) if the statement relates to a record filed or recorded

in a filing office described in paragraph (1) of

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

date that the initial financing statement was filed or

recorded and the information specified in subsection

(b) of Section 1-9-502 of this title;

(2) indicate that it is an information statement; and

(3) provide the basis for the person's belief that the person

that filed the record was not entitled to do so under subsection (d)

of Section 1-9-509 of this title.

(e) The filing of an information statement does not affect the

effectiveness of an initial financing statement or other filed

record.
Okla. Stat. tit. 12, § 12-722 — OK Code / Title 12 / Section 12-722
Notice of filing
Status: in_force

(a) At the time of the filing of the foreign judgment, the

judgment creditor or his lawyer shall make and file with the clerk

of the court an affidavit setting forth the name and last-known

post-office address of the judgment debtor, and of the judgment

creditor.

(b) Promptly upon the filing of the foreign judgment and the

affidavit, the clerk shall mail notice of the filing of the foreign

judgment to the judgment debtor at the address given and shall make

a note of the mailing in the docket. The notice shall include the

name and post-office address of the judgment creditor and the

judgment creditor's lawyer, if any, in this state. In addition, the

judgment creditor may mail a notice of the filing of the judgment to

the judgment debtor and may file proof of mailing with the clerk.

Lack of notice of filing by the clerk shall not affect the

enforcement proceedings if proof of mailing by the judgment creditor

has been filed.

(c) No execution or other process for enforcement of a foreign

judgment filed hereunder shall issue until twenty (20) days after

the date the judgment is filed.
Okla. Stat. tit. 12A, § 12A-2A-406 — OK Code / Title 12A / Section 12A-2A-406
Procedure on excused performance
Status: in_force

PROCEDURE ON EXCUSED PERFORMANCE

(1) If the lessee receives notification of a material or

indefinite delay or an allocation justified under Section 45 of this

act, the lessee, by written notification to the lessor as 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 57 of this act) may:

(a) terminate the lease contract (subsection (2) of

Section 52 of this act); or

(b) except in a finance lease that is not a consumer

lease, modify the lease contract by accepting the available quota in

substitution, with due allowance from the rent payable for the

balance of the lease term for the deficiency but without further

right against the lessor.

(2) If, after receipt of a notification from the lessor under

Section 45 of this act, the lessee fails so to modify the lease

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 260

agreement within a reasonable time not exceeding thirty (30) days,

the lease contract lapses with respect to any deliveries affected.
Okla. Stat. tit. 12, § 12-3214 — OK Code / Title 12 / Section 12-3214
Renumbered as § 3237 of this title by Laws 1989, c. 129,
Status: in_force

§ 14, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-2803.2 — OK Code / Title 12 / Section 12-2803.2
Renumbered as § 2611.2 of this title by Laws 1999, c
Status: in_force

108, § 1, eff. Nov. 1, 1999.
Okla. Stat. tit. 12A, § 12A-3-206 — OK Code / Title 12A / Section 12A-3-206
Restrictive Indorsement
Status: in_force

RESTRICTIVE INDORSEMENT

(a) An indorsement limiting payment to a particular person or

otherwise prohibiting further transfer or negotiation of the

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 294

instrument is not effective to prevent further transfer or

negotiation of the instrument.

(b) An indorsement stating a condition to the right of the

indorsee to receive payment does not affect the right of the

indorsee to enforce the instrument. A person paying the instrument

or taking it for value or collection may disregard the condition,

and the rights and liabilities of that person are not affected by

whether the condition has been fulfilled.

(c) If an instrument bears an indorsement (i) described in

subsection (b) of Section 4-201 of this title, or (ii) in blank or

to a particular bank using the words "for deposit", "for

collection", or other words indicating a purpose of having the

instrument collected by a bank for the indorser or for a particular

account, the following rules apply:

(1) A person, other than a bank, who purchases the

instrument when so indorsed converts the instrument

unless the amount paid for the instrument is received

by the indorser or applied consistently with the

indorsement;

(2) A depositary bank that purchases the instrument or

takes it for collection when so indorsed converts the

instrument unless the amount paid by the bank with

respect to the instrument is received by the indorser

or applied consistently with the indorsement;

(3) A payor bank that is also the depositary bank or that

takes the instrument for immediate payment over the

counter from a person other than a collecting bank

converts the instrument unless the proceeds of the

instrument are received by the indorser or applied

consistently with the indorsement; and

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

subsection, a payor bank or intermediary bank may

disregard the indorsement and is not liable if the

proceeds of the instrument are not received by the

indorser or applied consistently with the indorsement.

(d) Except for an indorsement covered by subsection (c) of this

section, if an instrument bears an indorsement using words to the

effect that payment is to be made to the indorsee as agent, trustee,

or other fiduciary for the benefit of the indorser or another

person, the following rules apply:

(1) Unless there is notice of breach of fiduciary duty as

provided in Section 3-307 of this title, a person who

purchases the instrument from the indorsee or takes

the instrument from the indorsee for collection or

payment may pay the proceeds of payment or the value

given for the instrument to the indorsee without

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 295

regard to whether the indorsee violates a fiduciary

duty to the indorser; and

(2) A subsequent transferee of the instrument or person

who pays the instrument is neither given notice nor

otherwise affected by the restriction in the

indorsement unless the transferee or payor knows that

the fiduciary dealt with the instrument or its

proceeds in breach of fiduciary duty.

(e) The presence on an instrument of an indorsement to which

this section applies does not prevent a purchaser of the instrument

from becoming a holder in due course of the instrument unless the

purchaser is a converter under subsection (c) of this section or has

notice or knowledge of breach of fiduciary duty as stated in

subsection (d) of this section.

(f) In an action to enforce the obligation of a party to pay

the instrument, the obligor has a defense if payment would violate

an indorsement to which this section applies and the payment is not

permitted by this section.
Okla. Stat. tit. 12A, § 12A-8-206 — OK Code / Title 12A / Section 12A-8-206
Completion or Alteration of Security Certificate
Status: in_force

Completion or Alteration of Security Certificate.

(a) If a security certificate contains the signatures necessary

to its issue or transfer but is incomplete in any other respect:

(1) any person may complete it by filling in the blanks as

authorized; and

(2) even if the blanks are incorrectly filled in, the

security certificate as completed is enforceable by a

purchaser who took it for value and without notice of

the incorrectness.

(b) A complete security certificate that has been improperly

altered, even if fraudulently, remains enforceable, but only

according to its original terms.
Okla. Stat. tit. 12, § 12-2023.2 — OK Code / Title 12 / Section 12-2023.2
Actions relating to unincorporated associations
Status: in_force

ACTIONS RELATING TO UNINCORPORATED ASSOCIATIONS

An action brought by or against the members of an unincorporated

association as a class by naming certain members as representative

parties may be maintained only if it appears that the representative

parties will fairly and adequately protect the interests of the

Oklahoma Statutes - Title 12. Civil Procedure Page 426

association and its members. In the conduct of the action the court

may make appropriate orders corresponding with those described in

subsection D of Section 23 of this act, and the procedure for

dismissal or compromise of the action shall correspond with that

provided in subsection E of Section 23 of this act.
Okla. Stat. tit. 12, § 12-2303 — OK Code / Title 12 / Section 12-2303
Effect of presumptions in civil cases
Status: in_force

Except when otherwise provided by law, when the basic fact of a

presumption has been established as provided in Section 302 of this

Code:

1. If the basic fact has any probative value of the existence

of the presumed fact, the presumed fact shall be assumed to exist

and the burden of persuading the trier of fact of the nonexistence

of the presumed fact rests on the party against whom the presumption

operates; or

2. If the basic fact does not have any probative value of the

existence of the presumed fact, the presumed fact is disregarded

when the party against whom the presumption operates introduces

evidence which would support a finding of the nonexistence of the

presumed fact and the existence of the fact otherwise presumed is

then determined from the evidence in the same manner as if no

presumption had been operable in the case.
Okla. Stat. tit. 12, § 12-1600.3 — OK Code / Title 12 / Section 12-1600.3
Renumbered as § 303 of Title 43 by Laws 1990, c. 188, §
Status: in_force

3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12, § 12-1342 — OK Code / Title 12 / Section 12-1342
Inquiry into legality of judgment or process -
Status: in_force

Limitations.

No court or judge shall inquire into the legality of any

judgment or process, whereby the party is in custody, or discharge

him when the term of commitment has not expired in either of the

cases following:

First. Upon process issued by any court or judge of the United

States, or where such court or judge has exclusive jurisdiction; or,

Second. Upon any process issued on any final judgment of a

court of competent jurisdiction; or,

Third. For any contempt of any court, officer or body having

authority to commit; but an order of commitment as for a contempt,

upon proceedings to enforce the remedy of a party, is not included

in any of the foregoing specifications;

Fourth. Upon a warrant or commitment issued from the district

court, or any other court of competent jurisdiction, upon an

indictment or information.

R.L. 1910, § 4893.
Okla. Stat. tit. 12, § 12-2012 — OK Code / Title 12 / Section 12-2012
Defenses and objections - When and how presented - By
Status: in_force

pleading or motion.

DEFENSES AND OBJECTIONS; WHEN AND HOW PRESENTED;

BY PLEADING OR MOTION

A. WHEN PRESENTED. 1. Unless a different time is prescribed

by law, a defendant shall serve an answer:

a. within twenty (20) days after the service of the

summons and petition upon the defendant,

b. within twenty (20) days after the service of the

summons and petition upon the defendant, or within the

last day for answering if applicable; provided, a

defendant may file a reservation of time which shall

extend the time to respond twenty (20) days from the

last date for answering. The filing of such a

reservation of time waives defenses of paragraphs 2,

3, 4, 5, 6, and 9 of subsection B of this section.

2. A party served with a pleading stating a cross-claim against

that party shall serve an answer thereto within twenty (20) days

after the service upon the party.

3. The plaintiff shall serve a reply to a counterclaim in the

answer within twenty (20) days after service of the answer or, if a

reply is ordered by the court, within twenty (20) days after service

of the order, unless the order otherwise directs.

4. The party requesting a summons to be issued or filing a

counter-claim or cross-claim may elect to have the answer served

within thirty-five (35) days in lieu of the twenty (20) days set

forth in this section.

Oklahoma Statutes - Title 12. Civil Procedure Page 408

5. The service of a motion permitted under this section or a

motion for summary judgment alters these periods of time as follows:

if the court denies the motion or postpones its disposition until

the trial on the merits, the responsive pleading shall be served

within twenty (20) days after notice of the court's action, unless a

different time is fixed by order of the court.

B. HOW PRESENTED. Every defense, in law or fact, to a claim

for relief in any pleading, whether a claim, counterclaim, cross-

claim, or third-party claim, shall be asserted in the responsive

pleading thereto if one is required, except that the following

defenses may at the option of the pleader be made by motion:

1. Lack of jurisdiction over the subject matter;

2. Lack of jurisdiction over the person;

3. Improper venue;

4. Insufficiency of process;

5. Insufficiency of service of process;

6. Failure to state a claim upon which relief can be granted;

7. Failure to join a party under Section 2019 of this title;

8. Another action pending between the same parties for the same

claim;

9. Lack of capacity of a party to be sued; and

10. Lack of capacity of a party to sue.

A motion making any of these defenses shall be made before pleading

if a further pleading is permitted. No defense or objection is

waived by being joined with one or more other defenses or objections

in a responsive pleading or motion. If a pleading sets forth a

claim for relief to which the adverse party is not required to serve

a responsive pleading, the adverse party may assert at the trial any

defense in law or fact to that claim for relief. If, on a motion

asserting the defense numbered 6 of this subsection to dismiss for

failure of the pleading to state a claim upon which relief can be

granted, matters outside the pleading are presented to and not

excluded by the court, the motion shall be treated as one for

summary judgment and all parties shall be given reasonable

opportunity to present all material made pertinent to the motion by

the rules for summary judgment. A motion to dismiss for failure to

state a claim upon which relief can be granted shall separately

state each omission or defect in the petition, and a motion that

does not specify such defects or omissions shall be denied without a

hearing and the defendant shall answer within twenty (20) days after

notice of the court's action.

C. PRELIMINARY HEARINGS. The defenses specifically enumerated

in paragraphs 1 through 10 of subsection B of this section, whether

made in a pleading or by motion, and the motion to strike mentioned

in subsection D of this section shall be heard and determined before

trial on application of any party, unless the court orders that the

hearing and determination thereof be deferred until the trial. If

Oklahoma Statutes - Title 12. Civil Procedure Page 409

the court determines that venue is proper, the action shall not be

dismissed for improper venue as a result of the jury's verdict or

the subsequent ruling of the court on a demurrer to the evidence or

a motion for a directed verdict.

D. MOTION TO STRIKE. Upon motion made by a party before

responding to a pleading or, if no responsive pleading is permitted

by this act, upon motion made by a party within twenty (20) days

after the service of the pleading upon the party or upon the court's

own initiative at any time, the court may order stricken from any

pleading any insufficient defense. If, on a motion to strike an

insufficient defense, matters outside the pleadings are presented to

and not excluded by the court, the motion shall be treated as one

for partial summary judgment and all parties shall be given

reasonable opportunity to present all materials made pertinent to

the motion by the rules for summary judgment.

E. CONSOLIDATION OF DEFENSES IN MOTION. A party who makes a

motion under this section may join with it any other motions herein

provided for and then available to the party. If a party makes a

motion under this section but omits therefrom any defense or

objection then available to the party which this section permits to

be raised by motion, the party shall not thereafter make a motion

based on the defense or objection so omitted, except a motion as

provided in paragraph 2 of subsection F of this section on the

grounds there stated. The court in its discretion may permit a

party to amend a motion by stating additional defenses or objections

if an amendment is sought at least five (5) days before the hearing

on the motion.

F. WAIVER OR PRESERVATION OF CERTAIN DEFENSES.

1. A defense of lack of jurisdiction over the person, improper

venue, insufficiency of process, insufficiency of service of

process, failure to state a claim upon which relief can be granted,

or lack of capacity of a party to be sued is waived:

a. if omitted from a motion that raises any of the

defenses or objections which this section permits to

be raised by motion, or

b. if it is not made by motion and it is not included in

a responsive pleading or an amendment thereof

permitted by subsection A of Section 2015 of this

title to be made as a matter of course. A motion to

strike an insufficient defense is waived if not raised

as in subsection D of this section.

2. A defense of failure to join a party indispensable under

Section 2019 of this title may be made in any pleading permitted or

ordered under subsection A of Section 2007 of this title or at the

trial on the merits. A defense of another action pending between

the same parties for the same claim or a defense of lack of capacity

of a party to sue may be made in any pleading permitted or ordered

Oklahoma Statutes - Title 12. Civil Procedure Page 410

pursuant to the provisions of subsection A of Section 2007 of this

title or at the pretrial conference.

3. Whenever it appears by suggestion of the parties or

otherwise that the court lacks jurisdiction of the subject matter,

the court shall dismiss the action.

4. A waiver of the defense in paragraph 6 of subsection B of

this section does not preclude a later contention that a party is

not entitled to any relief as a matter of law, either by motion for

summary judgment, or by demurrer or motion at or after trial.

G. FINAL DISMISSAL ON FAILURE TO AMEND. On granting a motion

to dismiss a claim for relief, the court shall grant leave to amend

if the defect can be remedied and shall specify the time within

which an amended pleading shall be filed. If the amended pleading

is not filed within the time allowed, final judgment of dismissal

with prejudice shall be entered on motion except in cases of

excusable neglect. In such cases amendment shall be made by the

party in default within a time specified by the court for filing an

amended pleading. Within the time allowed by the court for filing

an amended pleading, a plaintiff may voluntarily dismiss the action

without prejudice.
Okla. Stat. tit. 12, § 12-2702 — OK Code / Title 12 / Section 12-2702
Testimony by experts
Status: in_force

If scientific, technical, or other specialized knowledge will

assist the trier of fact to understand the evidence or to determine

a fact in issue, a witness qualified as an expert by knowledge,

skill, experience, training, or education may testify in the form of

an opinion or otherwise, if the proponent demonstrates to the court

that it is more likely than not that:

1. The expert’s scientific, technical, or other specialized

knowledge will help the trier of fact to understand the evidence or

to determine a fact in issue;

2. The testimony is based upon sufficient facts or data;

3. The testimony is the product of reliable principles and

methods; and

4. The expert’s opinion reflects a reliable application of the

principles and methods to the facts of the case.
Okla. Stat. tit. 12A, § 12A-2-310 — OK Code / Title 12A / Section 12A-2-310
Open time for payment or running of credit - Authority
Status: in_force

to ship under reservation.

Open Time for Payment or Running of Credit; Authority to Ship

Under Reservation.

Unless otherwise agreed:

(a) payment is due at the time and place at which the buyer is

to receive the goods even though the place of shipment is the place

of delivery; and

(b) if the seller is authorized to send the goods he may ship

them under reservation, and may tender the documents of title, but

the buyer may inspect the goods after their arrival before payment

is due unless such inspection is inconsistent with the terms of the

contract (Section 2-513); and

(c) if delivery is authorized and made by way of documents of

title otherwise than by subsection (b) then payment is due

regardless of where the goods are to be received (i) at the time and

place at which the buyer is to receive delivery of the tangible

documents or (ii) at the time the buyer is to receive delivery of

the electronic documents and at the seller’s place of business or if

none, the seller’s residence; and

(d) where the seller is required or authorized to ship the

goods on credit the credit period runs from the time of shipment but

post-dating the invoice or delaying its dispatch will

correspondingly delay the starting of the credit period.
Okla. Stat. tit. 12, § 12-1384.1 — OK Code / Title 12 / Section 12-1384.1
Temporary injunction - Temporary restraining order -
Status: in_force

Notice - Granting without notice.

A. No temporary injunction shall be issued without notice to

the adverse party.

B. A temporary restraining order may be granted without written

or oral notice to the adverse party or the attorney for the adverse

party only if:

1. It clearly appears from specific facts shown by affidavit or

by the verified petition that immediate and irreparable injury,

loss, or damage will result to the applicant before the adverse

party or the attorney for the adverse party can be heard in

opposition; or

2. The attorney for the applicant certifies to the court in

writing the efforts, if any, which have been made to give the notice

and the reasons supporting the claim that notice should not be

Oklahoma Statutes - Title 12. Civil Procedure Page 277

required; and the court determines that the efforts of the applicant

to give notice, if any, were reasonable under the circumstances.

C. Every temporary restraining order granted without notice:

1. Shall be endorsed with the date and hour of issuance;

2. Shall be filed in the office of the court clerk and entered

of record; and

3. Shall define the injury and state why it is irreparable and

why the order was granted without notice.

D. If a temporary restraining order is granted without notice,

the motion for a temporary injunction shall be set down for hearing

at the earliest possible time and takes precedence of all matters

except older matters of the same character. When the motion comes

on for hearing the party who obtained the temporary restraining

order shall proceed with the application for a temporary injunction

and, if the party does not do so, the court shall dissolve the

temporary restraining order. On two (2) days' notice to the party

who obtained the temporary restraining order without notice or on

such shorter notice to that party as the court may prescribe, the

adverse party may appear and move its dissolution, modification, or

require the posting of an undertaking, and in that event the court

shall proceed to hear and determine the motion as expeditiously as

the ends of justice require.

E. This section shall not apply to temporary restraining orders

in actions for a divorce, alimony without a divorce, separate

maintenance, an annulment, custody, or similar matters, guardianship

or juvenile proceedings, or to proceedings brought pursuant to

special statutes that provide alternate procedures for the obtaining

of temporary restraining orders or temporary injunctions.Oklahoma Statutes - Title 12. Civil Procedure Page 20
Okla. Stat. tit. 12A, § 12A-7-104 — OK Code / Title 12A / Section 12A-7-104
Negotiable and nonnegotiable document of title
Status: in_force

Negotiable and Nonnegotiable Document of Title.

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

section, a document of title is negotiable if by its terms the goods

are to be delivered to bearer or to the order of a named person.

(b) A document of title other than one described in subsection

(a) of this section is nonnegotiable. A bill of lading that states

that the goods are consigned to a named person is not made

negotiable by a provision that the goods are to be delivered only

against an order in a record signed by the same or another named

person.

(c) A document of title is nonnegotiable if, at the time it is

issued, the document has a conspicuous legend, however expressed,

that it is nonnegotiable.
Okla. Stat. tit. 12, § 12-2003.2 — OK Code / Title 12 / Section 12-2003.2
Notification of noncompliance prior to construction-
Status: in_force

related suit – Correction of deficit.

COMMENCEMENT OF ACTION BASED ON CONSTRUCTION-RELATED

ACCESSIBILITY CLAIM.

Oklahoma Statutes - Title 12. Civil Procedure Page 372

A. Prior to filing a civil action based on a construction-

related accessibility claim that a facility does not conform with

applicable law, codes and standards for facilities for the

physically disabled, the plaintiff shall notify the defendant in

writing of the plaintiff’s assertion that the facility does not

comply with applicable law, codes and standards regulating

construction of facilities to accommodate physically disabled

individuals and the specific violations that the plaintiff asserts.

The notice shall be sent by certified mail with return receipt

requested at least one hundred twenty (120) days prior to the filing

of a petition.

B. In any civil action based on a construction-related

accessibility claim that a facility does not conform with applicable

law, codes and standards for facilities for the physically disabled,

the plaintiff shall attach to the petition:

1. A copy of the notice required by subsection A of this

section; and

2. A copy of the certified mail return receipt signed by the

defendant or person authorized to receive service of process for the

defendant.

C. If a civil action based on a construction-related

accessibility claim that a facility does not conform with applicable

law, codes and standards for facilities for the physically disabled

is filed without the documentation required by subsection B of this

section or if the petition is filed less than one hundred twenty

(120) days after the date the notice required by subsection A of

this section is sent, the court shall, upon motion of the defendant,

dismiss the action without prejudice to its refiling.

D. If the defendant corrects the alleged defect prior to the

filing of the petition and the plaintiff files the petition, the

court shall dismiss the action and award court costs and reasonable

attorney fees to the defendant. In addition, the court shall impose

sanctions if the action is determined to be frivolous pursuant to

Section 2011 of Title 12 of the Oklahoma Statutes.

E. If the defendant has made a reasonable effort to correct the

defect but has not completed the correction within one hundred

twenty (120) days of notification as directed in subsection A of

this section or prior to the filing of the petition, the court may,

upon application of the defendant for good cause shown, grant the

defendant a reasonable extension of time, based on the nature of

construction needed to correct the deficiency. If the correction is

completed within that period of time, the court shall dismiss the

action.
Okla. Stat. tit. 12, § 12-1764 — OK Code / Title 12 / Section 12-1764
Fees
Status: in_force

A fee of Forty-five Dollars ($45.00) shall be charged and

collected for the filing of the affidavit for the commencement of

any action for an amount of Five Thousand Dollars ($5,000.00) or

less. Any action in excess of Five Thousand Dollars ($5,000.00)

shall be subject to the filing fees provided in Title 28 of the

Oklahoma Statutes for the same kind of action as filed in district

court. For the filing of any counterclaim or setoff, fees shall be

charged and collected pursuant to Section 152.1 of Title 28 of the

Oklahoma Statutes. Except as otherwise provided in Section 1772 of

this title, no other fee or charge shall be collected by any officer

for any service rendered pursuant to the provisions of the Small

Claims Procedure Act, or for the taking of affidavits for use in

connection with any action tried pursuant to the provisions of the

Small Claims Procedure Act. If the affidavit and order are served

by the sheriff or a licensed private process server, the court clerk

shall collect the usual fee for the sheriff, which shall be taxed as

costs in the case. The fee paid to a licensed private process

server, as approved by the court, shall be taxed as additional costs

Oklahoma Statutes - Title 12. Civil Procedure Page 338

in the case. After judgment, the court clerk shall issue such

process and shall be entitled to collect only such fees and charges

as are allowed by law for like services in other actions. All fees

collected as authorized by this section and Section 1772 of this

title shall be deposited with other fees that are collected by the

district court. Any statute providing for an award of attorney fees

shall be applicable to the small claims division if the attorney

makes an appearance in the case, whether before or after judgment or

on hearing for disclosure of assets.
Okla. Stat. tit. 12A, § 12A-8-503 — OK Code / Title 12A / Section 12A-8-503
Property Interest of Entitlement Holder in Financial
Status: in_force

Asset Held by Securities Intermediary.

Property Interest of Entitlement Holder in Financial Asset Held

by Securities Intermediary.

(a) To the extent necessary for a securities intermediary to

satisfy all security entitlements with respect to a particular

financial asset, all interests in that financial asset held by the

securities intermediary are held by the securities intermediary for

the entitlement holders, are not property of the securities

intermediary, and are not subject to claims of creditors of the

securities intermediary, except as otherwise provided in Section 8-

511 of this title.

(b) An entitlement holder's property interest with respect to a

particular financial asset under subsection (a) of this section is a

pro rata property interest in all interests in that financial asset

held by the securities intermediary, without regard to the time the

entitlement holder acquired the security entitlement or the time the

securities intermediary acquired the interest in that financial

asset.

(c) An entitlement holder's property interest with respect to a

particular financial asset under subsection (a) of this section may

be enforced against the securities intermediary only by exercise of

the entitlement holder's rights under Sections 8-505 through 8-508

of this title.

(d) An entitlement holder's property interest with respect to a

particular financial asset under subsection (a) of this section may

be enforced against a purchaser of the financial asset or interest

therein only if:

(1) insolvency proceedings have been initiated by or

against the securities intermediary;

(2) the securities intermediary does not have sufficient

interests in the financial asset to satisfy the

security entitlements of all of its entitlement

holders to that financial asset;

(3) the securities intermediary violated its obligations

under Section 8-504 of this title by transferring the

financial asset or interest therein to the purchaser;

and

(4) the purchaser is not protected under subsection (e) of

this section.

The trustee or other liquidator, acting on behalf of all entitlement

holders having security entitlements with respect to a particular

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 451

financial asset, may recover the financial asset, or interest

therein, from the purchaser. If the trustee or other liquidator

elects not to pursue that right, an entitlement holder whose

security entitlement remains unsatisfied has the right to recover

its interest in the financial asset from the purchaser.

(e) An action based on the entitlement holder's property

interest with respect to a particular financial asset under

subsection (a) of this section, whether framed in conversion,

replevin, constructive trust, equitable lien, or other theory, may

not be asserted against any purchaser of a financial asset or

interest therein who gives value, obtains control, and does not act

in collusion with the securities intermediary in violating the

securities intermediary's obligations under Section 8-504 of this

title.
Okla. Stat. tit. 12, § 12-1159 — OK Code / Title 12 / Section 12-1159
Service of order - Custody of attached property - Filing
Status: in_force

of order.

When the property attached is real property, the officer shall

leave a copy of the order with the occupant, or, if there be no

occupant, then a copy of the order shall be posted in a conspicuous

place on the real property. Where it is personal property, and he

can get possession, he shall take such into his custody, and hold it

subject to the order of the court.

When the property attached is real property, third parties shall

not be affected until a copy of the attachment order and the legal

description of the real property attached shall be filed and placed

Oklahoma Statutes - Title 12. Civil Procedure Page 233

of record with the county clerk of the county where the real

property is located.

R.L. 1910, § 4820. Amended by Laws 1980, c. 234, § 1, eff. Oct. 1,

1980.
Okla. Stat. tit. 12, § 12-1277.4 — OK Code / Title 12 / Section 12-1277.4
Renumbered as § 115 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-2503 — OK Code / Title 12 / Section 12-2503
Physician and Psychotherapist-Patient Privilege
Status: in_force

A. As used in this section:

1. A “patient” is a person who consults or is examined or

interviewed by a physician or psychotherapist;

2. A “physician” is a person authorized to practice medicine in

any state or nation, or reasonably believed by the patient to be so

authorized;

Oklahoma Statutes - Title 12. Civil Procedure Page 455

3. A “psychotherapist” is:

a. a person authorized to practice medicine in any state

or nation, or reasonably believed by the patient to be

so authorized, while engaged in the diagnosis or

treatment of a mental or emotional condition,

including alcohol or drug addiction, or

b. a person licensed or certified as a psychologist under

the laws of any state or nation, or reasonably

believed by the patient to be so licensed or

certified, while similarly engaged; and

4. A communication is “confidential” if not intended to be

disclosed to third persons, except persons present to further the

interest of the patient in the consultation, examination or

interview, persons reasonably necessary for the transmission of the

communication, or persons who are participating in the diagnosis and

treatment under the direction of the physician or psychotherapist,

including members of the patient’s family.

B. A patient has a privilege to refuse to disclose and to

prevent any other person from disclosing confidential communications

made for the purpose of diagnosis or treatment of the patient’s

physical, mental or emotional condition, including alcohol or drug

addiction, among the patient, the patient’s physician or

psychotherapist, and persons who are participating in the diagnosis

or treatment under the direction of the physician or

psychotherapist, including members of the patient’s family.

C. The privilege may be claimed by the patient, the patient’s

guardian or conservator or the personal representative of a deceased

patient. The person who was the physician or psychotherapist at the

time of the communication is presumed to have authority to claim the

privilege but only on behalf of the patient.

D. The following shall be exceptions to a claim of privilege:

1. There is no privilege under this section for communications

relevant to an issue in proceedings to hospitalize the patient for

mental illness, if the psychotherapist in the course of diagnosis or

treatment has determined that the patient is in need of

hospitalization;

2. Communications made in the course of a court-ordered

examination of the physical, mental or emotional condition of a

patient, whether a party or a witness, are not privileged under this

section when they relate to the particular purpose for which the

examination is ordered unless the court orders otherwise;

3. The privilege under this Code as to a communication relevant

to the physical, mental or emotional condition of the patient in any

proceeding in which the patient relies upon that condition as an

element of the patient’s claim or defense or, after the patient’s

death, in any proceeding in which any party relies upon the

condition as an element of the party’s claim or defense is qualified

Oklahoma Statutes - Title 12. Civil Procedure Page 456

to the extent that an adverse party in the proceeding may obtain

relevant information regarding the condition by statutory discovery;

4. When the patient is an inmate in the custody of the

Department of Corrections or a private prison or facility under

contract with the Department of Corrections, and the release of the

information is necessary:

a. to prevent or lessen a serious and imminent threat to

the health or safety of any person, or

b. for law enforcement authorities to identify or

apprehend an individual where it appears from all the

circumstances that the individual has escaped from a

correctional institution or from lawful custody; or

5. The testimonial privilege created pursuant to this section

does not make communications confidential where state and federal

privacy law would otherwise permit disclosure.
Okla. Stat. tit. 12A, § 12A-4-111 — OK Code / Title 12A / Section 12A-4-111
Statute of Limitations
Status: in_force

STATUTE OF LIMITATIONS

An action to enforce an obligation, duty, or right arising under

this article must be commenced within three (3) years after the

claim for relief accrues.
Okla. Stat. tit. 12, § 12-1809.1 — OK Code / Title 12 / Section 12-1809.1
Dispute Resolution System Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Supreme Court to be designated the "Dispute Resolution

System Revolving Fund". The fund shall be a continuing fund, not

subject to fiscal year limitations, and shall consist of all monies

Oklahoma Statutes - Title 12. Civil Procedure Page 348

collected pursuant to Section 1809 of Title 12 of the Oklahoma

Statutes. All monies accruing to the credit of the fund are hereby

appropriated and shall be budgeted and expended by the Supreme Court

as necessary to perform the duties imposed upon the Supreme Court to

administer the Dispute Resolution Act by law.
Okla. Stat. tit. 12, § 12-668 — OK Code / Title 12 / Section 12-668
Affidavit for continuance
Status: in_force

A motion for a continuance, on account of the absence of

evidence, can be made only upon affidavit, showing the materiality

of the evidence expected to be obtained, and that due diligence has

been used to obtain it, and where the evidence may be; and if it is

for an absent witness, the affidavit must show where the witness

resides, if his residence is known to the party, and the probability

of procuring his testimony within a reasonable time, and what facts

he believes the witness will prove, and that he believes them to be

true. If thereupon, the adverse party will consent that on the

trial the facts, alleged in the affidavit shall be read and treated

Oklahoma Statutes - Title 12. Civil Procedure Page 107

as the deposition of the absent witness, or that the facts in

relation to other evidence shall be taken as proved to the extent

alleged in the affidavit, no continuance shall be granted on the

ground of the absence of such evidence.

R.L. 1910, § 5045.
Okla. Stat. tit. 12, § 12-1148.15 — OK Code / Title 12 / Section 12-1148.15
Affidavit for eviction
Status: in_force

The actions for unlawful entry and detainer, commonly known as

an eviction, standing alone or when joined with a claim for

collection of rent or damages to the premises, or both, shall be

commenced by filing an affidavit with the clerk of the court. This

affidavit is to be developed by the Oklahoma Bar Association using

plain and understandable language. The Administrative Office of the

Courts shall provide public access to the affidavit by providing a

link to the form on the Oklahoma State Courts Network (OSCN)

website.
Okla. Stat. tit. 12A, § 12A-1-9-302 — OK Code / Title 12A / Section 12A-1-9-302
Law governing perfection and priority of agricultural
Status: in_force

liens.

LAW GOVERNING PERFECTION AND PRIORITY OF AGRICULTURAL LIENS

While farm products are located in a jurisdiction, the local law

of that jurisdiction governs perfection, the effect of perfection or

nonperfection, and the priority of an agricultural lien on the farm

products.
Okla. Stat. tit. 12, § 12-141 — OK Code / Title 12 / Section 12-141
Actions for damages by motor vehicles or watercraft
Status: in_force

The venue of civil actions for damages resulting from the use or

operation of motor vehicles, or resulting from the operation of

boats or other watercraft in the waters of this state, wherein the

defendant or defendants resided in the State of Oklahoma at the time

of injury, shall be, at the option of the plaintiff or plaintiffs,

in either of the following:

1. In any county of Oklahoma where service of summons can be

obtained upon one or more of the defendants as now provided by law.

2. In any county where the damages or a part thereof were

sustained.

The plaintiff or plaintiffs may cause summons to issue to any county

in Oklahoma for service upon one or more of the defendants. When

service of summons upon one or more of the defendants cannot be

obtained in Oklahoma with the exercise of due diligence, service may

then be secured upon such defendant or defendants, as now or

hereafter provided in Chapter 59, 47 O.S. 1961, for service upon

nonresident motorists.
Okla. Stat. tit. 12A, § 12A-2-106 — OK Code / Title 12A / Section 12A-2-106
Definitions: "Contract"; "Agreement"; "Contract for sale"; "Sale"; "Present sale";
Status: in_force

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 5sale"; "Sale"; "Present sale"; "Conforming" to contract;

"Termination"; "Cancellation"; "Hybrid Transaction".

Definitions: "Contract"; "Agreement"; "Contract for Sale";

"Sale"; "Present Sale"; "Conforming" to Contract; "Termination";

"Cancellation"; "Hybrid Transaction".

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

"contract" and "agreement" are limited to those relating to the

present or future sale of goods. "Contract for sale" includes both

a present sale of goods and a contract to sell goods at a future

time but does not include a license of information. A "sale"

consists in the passing of title from the seller to the buyer for a

price (Section 2-401). A "present sale" means a sale which is

accomplished by the making of the contract.

(2) Goods or conduct including any part of a performance are

"conforming" or conform to the contract when they are in accordance

with the obligations under the contract.

(3) "Termination" occurs when either party pursuant to a power

created by agreement or law puts an end to the contract otherwise

than for its breach. On "termination" all obligations which are

still executory on both sides are discharged but any right based on

prior breach or performance survives.

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

contract for breach by the other and its effect is the same as that

of "termination" except that the canceling party also retains any

remedy for breach of the whole contract or any unperformed balance.

(5) "Hybrid transaction" means a single transaction involving a

sale of goods and:

(a) the provision of services;

(b) a lease of other goods; or

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

goods.
Okla. Stat. tit. 12A, § 12A-8-106 — OK Code / Title 12A / Section 12A-8-106
Control
Status: in_force

Control.

(a) A purchaser has "control" of a certificated security in

bearer form if the certificated security is delivered to the

purchaser.

(b) A purchaser has "control" of a certificated security in

registered form if the certificated security is delivered to the

purchaser, and:

(1) the certificate is indorsed to the purchaser or in

blank by an effective endorsement; or

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 426

(2) the certificate is registered in the name of the

purchaser, upon original issue or registration of

transfer by the issuer.

(c) A purchaser has "control" of an uncertificated security if:

(1) the uncertificated security is delivered to the

purchaser; or

(2) the issuer has agreed that it will comply with

instructions originated by the purchaser without

further consent by the registered owner.

(d) A purchaser has "control" of a security entitlement if:

(1) the purchaser becomes the entitlement holder;

(2) the securities intermediary has agreed that it will

comply with entitlement orders originated by the

purchaser without further consent by the entitlement

holder; or

(3) another person, other than the transferor to the

purchaser of an interest in the security entitlement:

(A) has control of the security entitlement and

acknowledges that it has control on behalf of the

purchaser; or

(B) obtains control of the security entitlement after

having acknowledged that it will obtain control

of the security entitlement on behalf of the

purchaser.

(e) If an interest in a security entitlement is granted by the

entitlement holder to the entitlement holder's own securities

intermediary, the securities intermediary has control.

(f) A purchaser who has satisfied the requirements of

subsection (c) or (d) of this section has control even if the

registered owner in the case of subsection (c) of this section or

the entitlement holder in the case of subsection (d) of this section

retains the right to make substitutions for the uncertificated

security or security entitlement, to originate instructions or

entitlement orders to the issuer or securities intermediary, or

otherwise to deal with the uncertificated security or security

entitlement.

(g) An issuer or a securities intermediary may not enter into

an agreement of the kind described in paragraph (2) of subsection

(c) or paragraph (2) of subsection (d) of this section without the

consent of the registered owner or entitlement holder, but an issuer

or a securities intermediary is not required to enter into such an

agreement even though the registered owner or entitlement holder so

directs. An issuer or securities intermediary that has entered into

such an agreement is not required to confirm the existence of the

agreement to another party unless requested to do so by the

registered owner or entitlement holder.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 427

(h) A person that has control under this section is not

required to acknowledge that it has control on behalf of a

purchaser.

(i) If a person acknowledges that it has or will obtain control

on behalf of a purchaser, unless the person otherwise agrees or law

other than this article or Article 9 of this title otherwise

provides, the person does not owe any duty to the purchaser and is

not required to confirm the acknowledgment to any other person.
Okla. Stat. tit. 12, § 12-2506.2 — OK Code / Title 12 / Section 12-2506.2
Peer support counseling confidentiality
Status: in_force

A. For purposes of this section:

1. "Emergency services provider" means any public employer that

employs persons to provide firefighting services;

2. "Emergency services personnel" means any employee of an

emergency services provider who is engaged in providing firefighting

services;

3. "Employee assistance program" means a program established by

a law enforcement agency or emergency services provider to provide

counseling or support services to employees of the law enforcement

agency or emergency services provider;

4. "Law enforcement agency" means any county sheriff, municipal

police department, the Oklahoma Highway Patrol and any state or

local public body that employs public safety personnel;

5. "Public safety personnel" means a sheriff, deputy sheriff,

municipal police officer, state police officer, parole and probation

officer, corrections employee, certified reserve officer,

telecommunicator or emergency medical dispatcher; and

6. "Peer support counseling sessions" means critical incident

stress management sessions for public safety or emergency services

personnel who have been involved in emotionally traumatic incidents

Oklahoma Statutes - Title 12. Civil Procedure Page 460

by reason of their employment. The sessions may include

participation of the immediate family of the public safety or

emergency services personnel.

B. Any communication made by a participant or counselor in a

peer support counseling session conducted by a law enforcement

agency or by an emergency services provider for public safety

personnel or emergency services personnel, and any oral or written

information conveyed in the peer support counseling session, is

confidential and may not be disclosed by any person participating in

the peer support counseling session.

C. Any communication relating to a peer support counseling

session made confidential under subsection B of this section that is

made between counselors, between counselors and the supervisors or

staff of an employee assistance program, or between the supervisors

or staff of an employee assistance program, is confidential and may

not be disclosed.

D. The provisions of this section apply only to peer support

counseling sessions conducted by an employee or other person who:

1. Has been designated by a law enforcement agency or emergency

services provider, or by an employee assistance program, to act as a

counselor; and

2. Has received training in counseling and in providing

emotional and moral support to public safety personnel or emergency

services personnel who have been involved in emotionally traumatic

incidents by reason of their employment.

E. The provisions of this section apply to all oral

communications, notes, records and reports arising out of a peer

support counseling session. Any notes, records or reports arising

out of a peer support counseling session are not public records for

the purposes of Sections 24A.1 through 24A.29 of Title 51 of the

Oklahoma Statutes.

F. Any communication made by a participant or counselor in a

peer support counseling session subject to this section, and any

oral or written information conveyed in a peer support counseling

session subject to this section, is not admissible in any judicial

proceeding, administrative proceeding, arbitration proceeding or

other adjudicatory proceeding. Communications and information made

confidential under this section shall not be disclosed by the

participants in any judicial proceeding, administrative proceeding,

arbitration proceeding, or other adjudicatory proceeding. The

limitations on disclosure imposed by this subsection include

disclosure during any discovery conducted as part of an adjudicatory

proceeding.

G. Nothing in this section limits the discovery or introduction

in evidence of knowledge acquired by any public safety personnel or

emergency services personnel from observation made during the course

of employment, or material or information acquired during the course

Oklahoma Statutes - Title 12. Civil Procedure Page 461

of employment, that is otherwise subject to discovery or

introduction in evidence.

H. This section does not apply to:

1. Any threat of suicide or homicide made by a participant in a

peer support counseling session, or any information conveyed in a

peer support counseling session relating to a threat of suicide or

homicide;

2. Any information relating to abuse of children or of the

elderly, or other information that is required to be reported by

law;

3. Any admission of criminal conduct; or

4. Any admission of a plan to commit a crime.

I. This section shall not prohibit any communications between

counselors who conduct peer support counseling sessions, or any

communications between counselors and the supervisors or staff of an

employee assistance program.
Okla. Stat. tit. 12, § 12-761 — OK Code / Title 12 / Section 12-761
Return of appraisement - Sale
Status: in_force

The officer receiving such return shall forthwith deposit a copy

thereof with the clerk of the court from which the writ issued, and

advertise and sell such property, agreeably to the provisions of

this article.

R.L. 1910, § 5163.
Okla. Stat. tit. 12, § 12-1398 — OK Code / Title 12 / Section 12-1398
Injunction prohibiting workplace harassment – Employer
Status: in_force

liability.

A. As used in the Protection from Workplace Harassment and

Violence Act:

1. "Course of conduct" means a pattern of conduct composed of a

series of two or more separate acts over a period of time, however

short, evidencing a continuity of purpose;

2. "Credible threat of violence" is a knowing and willful

statement or course of conduct that would place a reasonable person

in fear for his or her safety, or the safety of his or her immediate

family, and that serves no legitimate purpose;

3. "Employer" means an individual, partnership, association or

corporation or a person or group of persons who act, directly or

indirectly, on behalf of or in the interest of an employer and with

the consent of the employer. "Employer" includes this state and any

political subdivision of this state; and

4. "Workplace harassment" means a pattern or course of conduct

that is directed toward another individual in a workplace that

includes repeated or continuing contact that would cause a

reasonable person to suffer emotional distress and that actually

causes emotional distress to the victim. "Workplace harassment"

includes, but is not limited to, credible threats of violence.

B. An employer or an authorized agent of an employer may file a

written verified petition with the district court of the county in

Oklahoma Statutes - Title 12. Civil Procedure Page 281

which the employer is located for an injunction prohibiting

workplace harassment. The petition shall state:

1. The name of the employer;

2. The name and address, if known, of the defendant; and

3. A specific statement showing the events and dates of the

acts that constitute workplace harassment toward the employer, any

employee or any person who enters the property of the employer or

who is performing official work duties on behalf of or for the

benefit of the employer.

C. Any issuance of injunctive relief on a petition filed

pursuant to this section shall be in accordance with the procedural

requirements of Chapter 24 of Title 12 of the Oklahoma Statutes. If

the court grants an ex parte or permanent injunction against

workplace harassment, the court may:

1. Restrain the defendant from coming near the property of the

employer or place of business and restrain the defendant from

contacting the employer, an employee or other person while that

employee or person is on or at the property of the employer or place

of business or is performing official work duties; and

2. Grant any other relief necessary for the protection of the

employer, the workplace, employees of the employer or any other

person who is on or at the property of the employer or place of

business or who is performing official work duties on behalf of or

for the benefit of the employer.

D. An employer shall be immune from civil liability for seeking

or failing to seek an injunction under this section unless the

employer is seeking an injunction primarily to accomplish a purpose

for which the injunction was not designed. This section shall not

be construed to:

1. Expand, diminish, alter or modify the duty of an employer to

provide a safe workplace for employees and other persons; or

2. Permit a court to issue a temporary restraining order or

injunction that prohibits speech or other activities that are

constitutionally protected or otherwise protected by law.
Okla. Stat. tit. 12A, § 12A-2-616 — OK Code / Title 12A / Section 12A-2-616
Procedure on Notice Claiming Excuse
Status: in_force

(1) Where the buyer receives notification of a material or

indefinite delay or an allocation justified under the preceding

section he may by written notification to the seller as to any

delivery concerned, and where the prospective deficiency

substantially impairs the value of the whole contract under the

provisions of this article relating to breach of installment

contracts (Section 2-612), then also as to the whole,

(a) terminate and thereby discharge any unexecuted portion

of the contract; or

(b) modify the contract by agreeing to take his available

quota in substitution.

(2) If after receipt of such notification from the seller the

buyer fails so to modify the contract within a reasonable time not

exceeding thirty (30) days the contract lapses with respect to any

deliveries affected.

(3) The provisions of this section may not be negated by

agreement except in so far as the seller has assumed a greater

obligation under the preceding section.
Okla. Stat. tit. 12, § 12-92 — OK Code / Title 12 / Section 12-92
Limitations applicable
Status: in_force

Civil actions can only be commenced within the periods

prescribed in this article, after the cause of action shall have

accrued; but where, in special cases, a different limitation is

prescribed by statute, the action shall be governed by such

limitation.

Oklahoma Statutes - Title 12. Civil Procedure Page 53

R.L. 1910, § 4654.
Okla. Stat. tit. 12A, § 12A-1-9-523 — OK Code / Title 12A / Section 12A-1-9-523
Information from filing office; sale or license of
Status: in_force

records.

INFORMATION FROM FILING OFFICE; SALE OR LICENSE OF RECORDS

(a) If a person that files a written record requests an

acknowledgment of the filing, the filing office shall send to the

person an image of the record showing the number assigned to the

record pursuant to paragraph (1) of subsection (a) of Section 1-9-

519 of this title and the date and time of the filing of the record.

However, if the person furnishes a copy of the record to the filing

office, the filing office may instead:

(1) note upon the copy the number assigned to the record

pursuant to paragraph (1) of subsection (a) of Section 1-9-519 of

this title and the date and time of the filing of the record; and

(2) send the copy to the person.

(b) If a person files a record other than a written record, the

filing office shall communicate to the person an acknowledgment that

provides:

(1) the information in the record;

(2) the number assigned to the record pursuant to paragraph (1)

of subsection (a) of Section 1-9-519 of this title; and

(3) the date and time of the filing of the record.

(c) The filing office shall communicate or otherwise make

available in a record the following information to any person that

requests it:

(1) whether there is on file on a date and time specified by

the filing office, but not a date earlier than three (3) business

days before the filing office receives the request, any financing

statement that:

(A) designates a particular debtor or, if the request so

states, designates a particular debtor at the address

specified in the request;

(B) has not lapsed under Section 1-9-515 of this title

with respect to all secured parties of record; and

(C) if the request so states, has lapsed under Section 1-

9-515 of this title and a record of which is

maintained by the filing office under subsection (a)

of Section 1-9-522 of this title;

(2) the date and time of filing of each financing statement;

and

(3) the information provided in each financing statement.

(d) In complying with its duty under subsection (c) of this

section, the filing office may communicate information in any

medium. However, if requested, the filing office shall communicate

information by issuing a record that can be admitted into evidence

in the courts of this state without extrinsic evidence of its

authenticity.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 129

(e) The filing office shall perform the acts required by

subsections (a) through (d) of this section at the time and in the

manner prescribed by filing-office rule, but not later than two (2)

business days after the filing office receives the request.

(f) At least weekly, the filing office shall offer to sell or

license to the public on a nonexclusive basis, in bulk, copies of

all records filed in it under this part, in every medium from time

to time available to the filing office.
Okla. Stat. tit. 12A, § 12A-2-721 — OK Code / Title 12A / Section 12A-2-721
Remedies for Fraud
Status: in_force

Remedies for material misrepresentation or fraud include all

remedies available under this article for nonfraudulent breach.

Neither rescission or a claim for rescission of the contract for

sale nor rejection or return of the goods shall bar or be deemed

inconsistent with a claim for damages or other remedy.
Okla. Stat. tit. 12, § 12-1157 — OK Code / Title 12 / Section 12-1157
Order of execution
Status: in_force

Where there are several orders of attachment against the

defendant, they shall be executed in the order in which they are

received by the sheriff.

R.L. 1910, § 4818.
Okla. Stat. tit. 12, § 12-1633 — OK Code / Title 12 / Section 12-1633
Notice - Protest - Hearing date – Continuance - Waiver
Status: in_force

A. Notice of filing of the petition shall be given, in the

manner provided for publication notice in civil cases, by publishing

the same one time at least ten (10) days prior to the date set for

hearing in some newspaper authorized by law to publish legal notices

printed in the county where the petition is filed if there be any

printed in such county, and if there be none, then in some such

newspaper printed in this state of general circulation in that

county. The notice shall contain the style and number of the case,

the time, date and place where the same is to be heard, and that any

person may file a written protest in the case prior to the date set

for the hearing. The hearing date may be any day after completion

of the publication. The court or judge, for cause, may continue the

matter to a later date.

B. The court may waive the publication requirements of this

section for good cause which includes, but is not limited to, cases

of domestic violence in which the court proceedings are sealed.
Okla. Stat. tit. 12A, § 12A-2A-218 — OK Code / Title 12A / Section 12A-2A-218
Insurance and proceeds
Status: in_force

INSURANCE AND PROCEEDS

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 247

(1) A lessee obtains an insurable interest when existing goods

are identified to the lease contract even though the goods

identified are nonconforming and the lessee has an option to reject

them.

(2) If a lessee has an insurable interest only by reason of the

lessor's identification of the goods, the lessor, until default or

insolvency or notification to the lessee that identification is

final, may substitute other goods for those identified.

(3) Notwithstanding a lessee's insurable interest under

subsections (1) and (2) of this section, the lessor retains an

insurable interest until an option to buy has been exercised by the

lessee and risk of loss has passed to the lessee.

(4) Nothing in this section impairs any insurable interest

recognized under any other statute or rule of law.

(5) The parties by agreement may determine that one or more

parties have an obligation to obtain and pay for insurance covering

the goods and by agreement may determine the beneficiary of the

proceeds of the insurance.
Okla. Stat. tit. 12, § 12-921.1 — OK Code / Title 12 / Section 12-921.1
Legal Services Revolving Fund
Status: in_force

A. The Attorney General shall allocate funds from the Legal

Services Revolving Fund to provide legal representation to indigent

persons in this state in civil legal matters to the extent that

funds are available from the Legal Services Revolving Fund. The

Attorney General shall be responsible for allocating these funds

pursuant to contract with eligible regional or statewide

organizations which ordinarily render legal services to indigent

Oklahoma Statutes - Title 12. Civil Procedure Page 172

persons. The Attorney General may charge an administrative fee for

administering the contracts. The funds shall be allocated for the

benefit of indigent clients in all seventy-seven (77) counties of

the state on a pro rata basis, utilizing an allocation formula that

distributes funds according to the number of residents whose incomes

are less than the official United States federal poverty guidelines,

based on the United States census data, as a percentage of the total

number of these residents in this state and which reserves funds for

services for specialized areas of law.

B. As used in this section, "eligible organization" means an

entity that:

1. Is organized as a not-for-profit corporation that is tax

exempt pursuant to the provisions of paragraph (3) of subsection (c)

of Section 501 of the United States Internal Revenue Code of 1986,

as amended;

2. Has as its primary purpose the furnishing of legal

assistance to eligible clients;

3. Has a board of directors or other governing body the

majority of which is comprised of attorneys who are admitted to

practice in this state and who are approved to serve on such body by

the governing bodies of the state or county bar associations and has

at least one-third (1/3) of the membership who, when selected, are

eligible clients; and

4. Is incorporated pursuant to any applicable laws of this

state.

C. As a condition of the contract, the organization shall be

required to determine the eligibility of any person seeking legal

services pursuant to this section.

D. The Attorney General shall prepare annually and distribute

to the Judiciary committees of the Senate and the House of

Representatives and the Legal Services Committee of the Oklahoma Bar

Association a report detailing expenditures of funds for

representation to indigent persons in civil legal matters.

E. Each organization that contracts to provide legal services

pursuant to subsection A of this section shall maintain books and

records in accordance with generally accepted accounting principles.

The books and records shall account for the receipt and expenditure

of all funds paid pursuant to contract. Books and records shall be

maintained for a period of five (5) years from the close of the

fiscal year of the contract period. The State Auditor and Inspector

shall audit each organization annually. The necessary expense of

each audit, including, but not limited to, the cost of typing,

printing, and binding, shall be paid from funds of the organization.

In lieu of the audit by the State Auditor and Inspector, the

organization may submit an audit prepared by an independent auditing

firm for compliance with federal auditing requirements. A copy of

Oklahoma Statutes - Title 12. Civil Procedure Page 173

the audit prepared by or submitted to the State Auditor and

Inspector shall be submitted to the Attorney General.

F. Funds for representation of indigent persons in civil legal

matters shall be limited to family law legal services with priority

given to cases involving domestic and family violence and abuse. In

no event shall such funds ever be used for any of the following

activities:

1. Provision of legal services in a fee-generating case unless

appropriate private representation is not available;

2. Provision of legal services in any criminal proceeding;

3. Provision of legal services collaterally attacking the

validity of a criminal conviction;

4. Provision of legal services which seek to procure an

abortion;

5. Provision of legal representation relating to the

desegregation of any school or school system;

6. Provision of legal services involving any proceeding derived

from the Military Selective Service Act;

7. Provision of legal services to advocate for or oppose any

altering of a legislative, judicial, or elective district at any

level of government; and

8. Provision of legal services to challenge a census of the

United States of America.

G. There is hereby created in the State Treasury a revolving

fund for the Office of the Attorney General to be designated the

"Legal Services Revolving Fund". The fund shall be a continuing

fund, not subject to fiscal year limitations, and shall consist of

all monies received by the Office of the Attorney General for

indigent legal services from funds appropriated to the fund, federal

funds, gifts, donations, and grants. All monies accruing to the

credit of said fund are hereby appropriated and may be budgeted and

expended by the Attorney General for the purpose of providing legal

services to indigent clients pursuant to the provisions of this

section. Expenditures from said fund shall be made upon warrants

issued by the State Treasurer against claims filed as prescribed by

law with the Director of the Office of Management and Enterprise

Services for approval and payment.
Okla. Stat. tit. 12A, § 12A-8-301 — OK Code / Title 12A / Section 12A-8-301
Delivery
Status: in_force

Delivery.

(a) Delivery of a certificated security to a purchaser occurs

when:

(1) the purchaser acquires possession of the security

certificate;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 440

(2) another person, other than a securities intermediary,

either acquires possession of the security certificate

on behalf of the purchaser or, having previously

acquired possession of the certificate, acknowledges

that it holds for the purchaser; or

(3) a securities intermediary acting on behalf of the

purchaser acquires possession of the security

certificate, only if the certificate is in registered

form and is (i) registered in the name of the

purchaser, (ii) payable to the order of the purchaser,

or (iii) specially indorsed to the purchaser by an

effective endorsement and has not been indorsed to the

securities intermediary or in blank.

(b) Delivery of an uncertificated security to a purchaser

occurs when:

(1) the issuer registers the purchaser as the registered

owner, upon original issue or registration of

transfer; or

(2) another person, other than a securities intermediary,

either becomes the registered owner of the

uncertificated security on behalf of the purchaser or,

having previously become the registered owner,

acknowledges that it holds for the purchaser.
Okla. Stat. tit. 12A, § 12A-1-9-321 — OK Code / Title 12A / Section 12A-1-9-321
Licensee of general intangible and lessee of goods in
Status: in_force

ordinary course of business.

LICENSEE OF GENERAL INTANGIBLE AND LESSEE

OF GOODS IN ORDINARY COURSE OF BUSINESS

(a) In this section, “licensee in ordinary course of business”

means a person that becomes a licensee of a general intangible in

good faith, without knowledge that the license violates the rights

of another person in the general intangible, and in the ordinary

course from a person in the business of licensing general

intangibles of that kind. A person becomes a licensee in the

ordinary course if the license to the person comports with the usual

or customary practices in the kind of business in which the licensor

is engaged or with the licensor’s own usual or customary practices.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 81

(b) A licensee in ordinary course of business takes its rights

under a nonexclusive license free of a security interest in the

general intangible created by the licensor, even if the security

interest is perfected and the licensee knows of its existence.

(c) A lessee in ordinary course of business takes its leasehold

interest free of a security interest in the goods created by the

lessor, even if the security interest is perfected and the lessee

knows of its existence.
Okla. Stat. tit. 12A, § 12A-2-325 — OK Code / Title 12A / Section 12A-2-325
"Letter of Credit" Term; "Confirmed Credit"
Status: in_force

(1) Failure of the buyer seasonably to furnish an agreed letter

of credit is a breach of the contract for sale.

(2) The delivery to seller of a proper letter of credit suspends

the buyer's obligation to pay. If the letter of credit is

dishonored, the seller may on seasonable notification to the buyer

require payment directly from him.

(3) Unless otherwise agreed the term "letter of credit" or

"banker's credit" in a contract for sale means an irrevocable credit

issued by a financing agency of good repute and, where the shipment

is overseas, of good international repute. The term "confirmed

credit" means that the credit must also carry the direct obligation

of such an agency which does business in the seller's financial

market.
Okla. Stat. tit. 12A, § 12A-15-106 — OK Code / Title 12A / Section 12A-15-106
Construction and application
Status: in_force

CONSTRUCTION AND APPLICATION

This act must be construed and applied:

(1) to facilitate electronic transactions consistent with other

applicable law;

(2) to be consistent with reasonable practices concerning

electronic transactions and with the continued expansion of those

practices; and

(3) to effectuate its general purpose to make uniform the law

with respect to the subject of this act among states enacting it.
Okla. Stat. tit. 12, § 12-1600.30 — OK Code / Title 12 / Section 12-1600.30
Renumbered as § 334 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12, § 12-2407 — OK Code / Title 12 / Section 12-2407
Subsequent remedial measures
Status: in_force

When measures are taken that would have made an earlier injury

or harm less likely to occur, evidence of the subsequent measures is

not admissible to prove negligence, culpable conduct, a defect in a

product or its design or a need for a warning or instruction.

However, a court may admit such evidence for another purpose, such

Oklahoma Statutes - Title 12. Civil Procedure Page 447

as impeachment or, if disputed, proving ownership, control, or

feasibility of precautionary measures.
Okla. Stat. tit. 12, § 12-581 — OK Code / Title 12 / Section 12-581
Admonition of jury on separation
Status: in_force

If the jury are permitted to separate, either during the trial

or after the case is submitted to them, they shall be admonished by

the court that it is their duty not to converse with, or suffer

themselves to be addressed by, any other person, on any subject of

the trial, and that it is their duty not to form or express an

opinion thereon, until the case is finally submitted to them.

R.L. 1910, § 5006.
Okla. Stat. tit. 12A, § 12A-1-9-506 — OK Code / Title 12A / Section 12A-1-9-506
Effect of errors or omissions
Status: in_force

EFFECT OF ERRORS OR OMISSIONS

(a) A financing statement substantially satisfying the

requirements of this part is effective, even if it has minor errors

or omissions, unless the errors or omissions make the financing

statement seriously misleading.

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

section, a financing statement that fails sufficiently to provide

the name of the debtor in accordance with subsection (a) of Section

1-9-503 of this title is seriously misleading.

(c) If a search of the records of the filing office under the

debtor’s correct name, using the filing office’s standard search

logic, if any, would disclose a financing statement that fails

sufficiently to provide the name of the debtor in accordance with

subsection (a) of Section 1-9-503 of this title, the name provided

does not make the financing statement seriously misleading.

(d) For purposes of subsection (b) of Section 1-9-508 of this

title, the “debtor’s correct name” in subsection (c) of this section

means the correct name of the new debtor.
Okla. Stat. tit. 12A, § 12A-7-506 — OK Code / Title 12A / Section 12A-7-506
Delivery without endorsement: Right to compel
Status: in_force

endorsement.

Delivery Without Endorsement: Right to Compel Endorsement.

The transferee of a negotiable tangible document of title has a

specifically enforceable right to have its transferor supply any

necessary endorsement but the transfer becomes a negotiation only as

of the time the endorsement is supplied.
Okla. Stat. tit. 12, § 12-1396 — OK Code / Title 12 / Section 12-1396
Injunction by defendant
Status: in_force

A defendant may obtain an injunction upon an answer, in the

nature of a counterclaim. He shall proceed in the manner

hereinbefore prescribed.

R.L. 1910, § 4880.
Okla. Stat. tit. 12, § 12-1777 — OK Code / Title 12 / Section 12-1777
Removal of suit from expedited process
Status: in_force

A. A court shall remove a suit from the expedited actions

process:

1. On motion and a showing of good cause by any party; or

2. If any claimant, other than a counter-claimant, files a

pleading or an amended or supplemental pleading that seeks any

relief other than the monetary relief allowed by Section 2 of this

act.

B. A pleading, amended pleading, or supplemental pleading that

removes a suit from the expedited actions process may not be filed

without leave of court unless it is filed before the earlier of

thirty (30) days after the discovery period is closed or thirty (30)

days before the date is set for trial. Leave to amend may be

granted only if good cause for filing the pleading outweighs any

prejudice to an opposing party.

C. If a suit is removed from the expedited actions process, the

court shall reopen discovery.
Okla. Stat. tit. 12, § 12-818 — OK Code / Title 12 / Section 12-818
Officer or court clerk subject to action for neglect or
Status: in_force

refusal to perform certain duties may collect on original judgment.

In cases where a sheriff or other officer or court clerk may be

subject to an action provided for in Section 811 or 812 of this

title, and shall not have collected the amount of the original

judgment, he shall be permitted to sue out an execution and collect

the amount of said judgment, in the name of the original plaintiff,

for his use.

R.L. 1910, § 5187. Amended by Laws 1990, c. 185, § 6, eff. Sept. 1,

1990.
Okla. Stat. tit. 12A, § 12A-2-313 — OK Code / Title 12A / Section 12A-2-313
Express Warranties by Affirmation, Promise,
Status: in_force

Description, Sample.

(1) Express warranties by the seller are created as follows:

(a) Any affirmation of fact or promise made by the sellerto the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the

affirmation or promise.

(b) Any description of the goods which is made part of the

basis of the bargain creates an express

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 198

warranty that the goods shall conform to the

description.

(c) Any sample or model which is made part of the basis of

the bargain creates an express warranty that

the whole of the goods shall conform to the

sample or model.

(2) It is not necessary to the creation of an express warranty

that the seller use formal words such as "warrant" or "guarantee" or

that he have a specific intention to make a warranty, but an

affirmation merely of the value of the goods or a statement

purporting to be merely the seller's opinion or commendation of the

goods does not create a warranty.
Okla. Stat. tit. 12, § 12-1804 — OK Code / Title 12 / Section 12-1804
Written consent to dispute resolution proceedings
Status: in_force

A. Prior to commencement of any dispute resolution proceedings,

the disputing parties shall enter into a written consent which

specifies the method by which the parties shall attempt to resolve

the issues in dispute.

B. The written consent shall be in a form prescribed by the

Administrative Director of the Courts and shall include the

following:

1. The rights and obligations of all parties pursuant to the

provisions of the Dispute Resolution Act; and

2. The confidentiality of the proceedings.

C. If the parties agree to have the resolution reduced to

written form, a copy shall be provided to the parties.

Oklahoma Statutes - Title 12. Civil Procedure Page 346
Okla. Stat. tit. 12, § 12-1193 — OK Code / Title 12 / Section 12-1193
Summons - Service when state, state department or institution, county or municipality
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 18institution, county or municipality garnished - Warrants.

Where the state is garnisheed, service shall be made by summons,

as in other cases, upon the officer having control of the department

or institution which caused the state to become indebted to the

defendant in the case in which the garnishment summons is issued.

Where the state department is under the control of a board or

commission, service of the garnishment summons may be had upon

either the chairman or the secretary of said board or commission.

Service upon the officer having control of a state institution shall

be had upon the president of the school, college or university, the

superintendent of the institution, or the warden of the penitentiary

or reformatory involved, although such persons may not be

technically officers. It is the intent and purpose of this section

that the officer, board or commission which caused the state to

become indebted, and whose duty it is to see that the indebtedness

is paid, shall be the agency of the state upon which the garnishment

summons shall be served. Upon request of any such agency of the

state, the State Treasurer shall draw warrants, or cancel warrants

already drawn by him, and reissue same in such amounts as will

enable the agency of the state served to comply with the garnishment

proceedings. The State Treasurer shall not deliver any warrant

direct to the payee thereof, but he shall in every instance deliver

warrants drawn by him to the agency of the state which caused the

indebtedness, to be paid by the warrant, to be incurred. Provided,

that when a state officer not under the control of a state

department or institution of the state is the defendant, service of

garnishment shall be made by summons, as in other cases, upon the

State Treasurer. Where the county is garnisheed, service shall be

made by summons, as in other cases, upon the county clerk; where a

Oklahoma Statutes - Title 12. Civil Procedure Page 262

city is garnisheed, service shall be made by summons, as in other

cases, upon the city clerk; where towns are garnisheed, service

shall be made by summons, as in other cases, upon the town clerk;

where townships are garnisheed, service shall be made by summons, as

in other cases, upon the township clerk; where township government

has heretofore been abolished and the functions and powers of

township government are being performed by a board of county

commissioners, service herein shall be made by summons, as in other

cases, upon the county clerk; where school boards or board of

education are garnisheed, service herein shall be made by summons,

as in other cases, upon the clerk of such boards.
Okla. Stat. tit. 12, § 12-1273 — OK Code / Title 12 / Section 12-1273
Renumbered as § 105 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12A, § 12A-1-9-107 — OK Code / Title 12A / Section 12A-1-9-107
Control of letter-of-credit right
Status: in_force

CONTROL OF LETTER-OF-CREDIT RIGHT

A secured party has control of a letter-of-credit right to the

extent of any right to payment or performance by the issuer or any

nominated person if the issuer or nominated person has consented to

an assignment of proceeds of the letter of credit under subsection

(c) of Section 5-114 of this title or otherwise applicable law or

practice.
Okla. Stat. tit. 12A, § 12A-2A-215 — OK Code / Title 12A / Section 12A-2A-215
Cumulation and conflict of warranties express or
Status: in_force

implied.

CUMULATION AND CONFLICT OF WARRANTIES EXPRESS

OR IMPLIED

Warranties, whether express or implied, must be construed as

consistent with each other and as cumulative, but if that

construction is unreasonable, the intention of the parties

determines which warranty is dominant. In ascertaining that

intention the following rules apply:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 246

(a) Exact or technical specifications displace an

inconsistent sample or model or general language of description.

(b) A sample from an existing bulk displaces

inconsistent general language of description.

(c) Express warranties displace inconsistent implied

warranties other than an implied warranty of fitness for a

particular purpose.
Okla. Stat. tit. 12, § 12-577.2 — OK Code / Title 12 / Section 12-577.2
Use of instructions - Requests - Copies
Status: in_force

Whenever Oklahoma Uniform Jury Instructions (OUJI) contains an

instruction applicable in a civil case or a criminal case, giving

due consideration to the facts and the prevailing law, and the court

determines that the jury should be instructed on the subject, the

Oklahoma Statutes - Title 12. Civil Procedure Page 96

OUJI instructions shall be used unless the court determines that it

does not accurately state the law. Whenever OUJI does not contain

an instruction on a subject on which the court determines that the

jury should be instructed, the instruction given on that subject

should be simple, brief, impartial and free from argument. Counsel

for either party or parties shall have a right to request

instructions by so requesting in writing.

Each instruction shall be accompanied by a copy, and a copy

shall be delivered to opposing counsel. In addition to numbering

the copies and indicating who tendered them, the copy shall contain

a notation substantially as follows:

"OUJI No. ______" or "OUJI No. ______ Modified" or "Not in OUJI"

as the case may be.
Okla. Stat. tit. 12A, § 12A-2-610 — OK Code / Title 12A / Section 12A-2-610
Anticipatory Repudiation
Status: in_force

When either party repudiates the contract with respect to a

performance not yet due the loss of which will substantially impair

the value of the contract to the other, the aggrieved party may

(a) for a commercially reasonable time await performance

by the repudiating party; or

(b) resort to any remedy for breach (Section 2-703 or

Section 2-711), even though he has notified the repudiating party

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 219

that he would await the latter's performance and has urged

retraction; and

(c) in either case suspend his own performance or proceed

in accordance with the provisions of this article on the seller's

right to identify goods to the contract notwithstanding breach or to

salvage unfinished goods (Section 2-704).
Okla. Stat. tit. 12A, § 12A-2A-210 — OK Code / Title 12A / Section 12A-2A-210
Express warranties
Status: in_force

EXPRESS WARRANTIES

(1) Express warranties by the lessor are created as follows:

(a) Any affirmation of fact or promise made by the

lessor to the lessee which relates to the goods and becomes part of

the basis of the bargain creates an express warranty that the goods

will conform to the affirmation or promise.

(b) Any description of the goods which is made part

of the basis of the bargain creates an express warranty that the

goods will conform to the description.

(c) Any sample or model that is made part of the

basis of the bargain creates an express warranty that the whole of

the goods will conform to the sample or model.

(2) It is not necessary to the creation of an express warranty

that the lessor use formal words, such as "warrant" or "guarantee",

or that the lessor have a specific intention to make a warranty, but

an affirmation merely of the value of the goods or a statement

purporting to be merely the lessor's opinion or commendation of the

goods does not create a warranty.
Okla. Stat. tit. 12, § 12-3256 — OK Code / Title 12 / Section 12-3256
Promotion of uniformity
Status: in_force

In applying and construing this uniform act, consideration must

be given to the need to promote uniformity of the law with respect

to its subject matter among states that enact it.
Okla. Stat. tit. 12, § 12-33 — OK Code / Title 12 / Section 12-33
Clerk to keep court records, books and papers - Statistical
Status: in_force

and other information for Supreme Court, President Pro Tempore of

Senate and Speaker of House.

He shall keep the records and books and papers appertaining to

the court and record its proceedings. He is directed to furnish

without cost to the Supreme Court of Oklahoma and to the President

Pro Tempore of the Senate and the Speaker of the House of

Representatives such statistical and other information as the court

or Legislature may require, including, but without being limited to,

the number and classification of cases:

1. Filed with the court;

2. Disposed of by the court, and the manner of such

disposition; and

Oklahoma Statutes - Title 12. Civil Procedure Page 40

3. The number of cases pending before the court, at each term

of the court.

R.L. 1910, § 5333. Amended by Laws 1951, p. 23, § 1; Laws 1981, c.

272, § 2, eff. July 1, 1981.
Okla. Stat. tit. 12, § 12-412 — OK Code / Title 12 / Section 12-412
Procedure
Status: in_force

In the case of proceedings before a committee that two-thirds

(2/3) of the members of the full committee shall by affirmative vote

have authorized such witness, to be granted immunity under this act

with respect to the transactions, matters or things concerning which

he is compelled, after having claimed his privilege against self-

incrimination, to testify or produce evidence by direction of the

presiding officer and that an order of the district or superior

court for the county wherein the inquiry is being carried on has

been entered into the record requiring said person to testify or

produce evidence. Such an order may be issued by a district or

superior court judge upon application by a duly authorized

representative of the House of Representatives or Senate or of the

committee concerned. Neither house nor any committee thereof nor

any joint committee of the two houses of the Legislature shall grant

immunity to any witness without first having notified the Attorney

General of the State of Oklahoma of such action and thereafter

having secured the approval of the district or superior court for

the county wherein the inquiry is being held. The Attorney General

of the State of Oklahoma shall be notified of the time of each

proposed application to the district or superior court and shall be

given an opportunity to be heard with respect thereto prior to the

Oklahoma Statutes - Title 12. Civil Procedure Page 85

entrance into the record of the order of the district or superior

court. No witness shall be exempt from prosecution for perjury or

contempt committed while giving testimony or producing evidence

under compulsion as provided in this section.
Okla. Stat. tit. 12A, § 12A-2A-214 — OK Code / Title 12A / Section 12A-2A-214
Exclusion or modification of warranties
Status: in_force

EXCLUSION OR MODIFICATION OF WARRANTIES

(1) Words or conduct relevant to the creation of an express

warranty and words or conduct tending to negate or limit a warranty

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 245

must be construed wherever reasonable as consistent with each other;

but, subject to the provisions of Section 11 of this act on parol or

extrinsic evidence, negation or limitation is inoperative to the

extent that the construction is unreasonable.

(2) Subject to subsection (3) of this section, to exclude or

modify the implied warranty of merchantability or any part of it the

language must mention "merchantability", be by a writing, and be

conspicuous. Subject to subsection (3) of this section, to exclude

or modify any implied warranty of fitness the exclusion must be by a

writing and be conspicuous. Language to exclude all implied

warranties of fitness is sufficient if it is in writing, is

conspicuous and states, for example, "There is no warranty that the

goods will be fit for a particular purpose."

(3) Notwithstanding subsection (2) of this section, but subject

to subsection (4) of this section:

(a) unless the circumstances indicate otherwise, all

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

"with all faults", or by other language that in common understanding

calls the lessee's attention to the exclusion of warranties and

makes plain that there is no implied warranty, if in writing and

conspicuous;

(b) if the lessee before entering into the lease

contract has examined the goods or the sample or model as fully as

desired or has refused to examine the goods, there is no implied

warranty with regard to defects that an examination ought in the

circumstances to have revealed; and

(c) an implied warranty may also be excluded or

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

trade.

(4) To exclude or modify a warranty against interference or against

infringement (Section 20 of this act) or any part of it, the

language must be specific, be by a writing, and be conspicuous,

unless the circumstances, including course of performance, course of

dealing, or usage of trade, give the lessee reason to know that the

goods are being leased subject to a claim or interest of any person.
Okla. Stat. tit. 12A, § 12A-2A-507 — OK Code / Title 12A / Section 12A-2A-507
Proof of Market Rent; Time and Place
Status: in_force

PROOF OF MARKET RENT; TIME AND PLACE

(1) Damages based on market rent (Section 2A-519 or 2A-528 of

this title) are determined according to the rent for the use of the

goods concerned for a lease term identical to the remaining lease

term of the original lease agreement and prevailing at the times

specified in Sections 2A-519 and 2A-528 of this title.

(2) If evidence of rent for the use of the goods concerned for

a lease term identical to the remaining lease term of the original

lease agreement and prevailing at the times or places described in

this article is not readily available, the rent prevailing within

any reasonable time before or after the time described or at any

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 264

other place or for a different lease term which in commercial

judgment or under usage of trade would serve as a reasonable

substitute for the one described may be used, making any proper

allowance for the difference, including the cost of transporting the

goods to or from the other place.

(3) Evidence of a relevant rent prevailing at a time or place

or for a lease term other than the one described in this article

offered by one party is not admissible unless and until he has given

the other party notice the court finds sufficient to prevent unfair

surprise.

(4) If the prevailing rent or value of any goods regularly

leased in any established market is in issue, reports in official

publications or trade journals or in newspapers or periodicals of

general circulation published as the reports of that market are

admissible in evidence. The circumstances of the preparation of the

report may be shown to affect its weight but not its admissibility.
Okla. Stat. tit. 12, § 12-2004.1 — OK Code / Title 12 / Section 12-2004.1
Subpoena
Status: in_force

SUBPOENA

A. SUBPOENA; FORM; ISSUANCE.

1. Every subpoena shall:

a. state the name of the court from which it is issued

and the title of the action, and

Oklahoma Statutes - Title 12. Civil Procedure Page 387

b. command each person to whom it is directed to attend

and give testimony or to produce and permit

inspection, copying, testing or sampling of designated

books, documents, electronically stored information or

tangible things in the possession, custody or control

of that person, or to permit inspection of premises,

at a time and place therein specified. A subpoena may

specify the form or forms in which electronically

stored information is to be produced.

2. A subpoena shall issue from the court where the action is

pending, and it may be served at any place within the state.

a. Deposition in Action Pending Outside of This State.

If the action is pending outside of this state, the

district court for the county in which the deposition

is to be taken shall issue the subpoena and, upon

application, any other order or process that may be

appropriate in aid of discovery in that action. Proof

of service of a notice to take deposition constitutes

a sufficient authorization for the issuance of

subpoenas for the persons named or described therein,

b. Subpoena for Production or Inspection in Action

Pending Outside of This State.

If the action is pending outside of this state, the

district court for the county in which the production

or inspection is to be made shall issue a subpoena for

production or inspection as provided in subparagraph b

of paragraph 1 of subsection A of this section, if

separate from a subpoena commanding the attendance of

a person, and upon application, any other order or

process that may be appropriate in aid of discovery in

that action. Proof of service of a notice of request

for production of documents without a deposition

constitutes a sufficient authorization for the

issuance of a subpoena for production or inspection,

and

c. Judicial Assistance or Review Available.

Any person seeking an order or process in aid of

discovery or any person aggrieved by the issuance or

enforcement of a subpoena issued in aid of discovery

for an action pending outside of this state may obtain

judicial assistance or review upon the filing of a

civil action and payment of required fees.

3. A witness shall be obligated upon service of a subpoena to

attend a trial or hearing at any place within the state and to

attend a deposition or produce or allow inspection of documents at a

location that is authorized by subsection B of Section 3230 of this

title.

Oklahoma Statutes - Title 12. Civil Procedure Page 388

4. The clerk shall issue a subpoena, or a subpoena for the

production of documentary evidence, signed and sealed but otherwise

in blank, to a party requesting it, who shall fill it in before

service. As an officer of the court, an attorney authorized to

practice law in this state may also issue and sign a subpoena on

behalf of a court of this state.

5. Leave of court for issuance of a subpoena for the production

of documentary evidence shall be required if the plaintiff seeks to

serve a subpoena for the production of documentary evidence on any

person who is not a party prior to the expiration of thirty (30)

days after service of the summons and petition upon any defendant.

6. Notwithstanding any other provision of law, a court clerk of

this state shall not be subject to a subpoena in matters relating to

court records unless the court makes a specific finding that the

appearance and testimony of the court clerk are both material and

necessary because of a written objection to the introduction of the

court records made by a party prior to trial.

B. 1. SERVICE. Service of a subpoena upon a person named

therein shall be made by delivering or mailing a copy thereof to

such person and, if the person's attendance is demanded, by

tendering to that person the fees for one (1) day's attendance and

the mileage allowed by law. Service of a subpoena may be

accomplished by any person who is eighteen (18) years of age or

older. A copy of any subpoena that commands production of documents

and things or inspection of premises before trial shall be served on

each party in the manner prescribed by subsection B of Section 2005

of this title. If the subpoena commands production of documents and

things or inspection of premises from a nonparty before trial but

does not require attendance of a witness, the subpoena shall specify

a date for the production or inspection that is at least seven (7)

days after the date that the subpoena and copies of the subpoena are

served on the witness and all parties, and the subpoena shall

include the following language: "In order to allow objections to

the production of documents and things to be filed, you should not

produce them until the date specified in this subpoena, and if an

objection is filed, until the court rules on the objection."

2. Service of a subpoena by mail may be accomplished by mailing

a copy thereof by certified mail with return receipt requested and

delivery restricted to the person named in the subpoena. The person

serving the subpoena shall make proof of service thereof to the

court promptly and, in any event, before the witness is required to

testify at the hearing or trial. If service is made by a person

other than a sheriff or deputy sheriff, such person shall make

affidavit thereof. If service is by mail, the person serving the

subpoena shall show in the proof of service the date and place of

mailing and attach a copy of the return receipt showing that the

mailing was accepted. Failure to make proof of service does not

Oklahoma Statutes - Title 12. Civil Procedure Page 389

affect the validity of the service, but service of a subpoena by

mail shall not be effective if the mailing was not accepted by the

person named in the subpoena. Costs of service shall be allowed

whether service is made by the sheriff, the sheriff’s deputy, or any

other person. When the subpoena is issued on behalf of a state

department, board, commission, or legislative committee, fees and

mileage shall be paid to the witness at the conclusion of the

testimony out of funds appropriated to the state department, board,

commission, or legislative committee.

C. PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.

1. A party or an attorney responsible for the issuance and

service of a subpoena shall take reasonable steps to avoid imposing

undue burden or expense on a person subject to that subpoena. The

court on behalf of which the subpoena was issued shall enforce this

duty and impose upon the party or attorney, or both, in breach of

this duty an appropriate sanction, which may include, but is not

limited to, lost earnings and a reasonable attorney fee.

2. a. A person commanded to produce and permit inspection,

copying, testing or sampling of designated books,

papers, documents, electronically stored information

or tangible things, or inspection of premises need not

appear in person at the place of production or

inspection unless commanded to appear for deposition,

hearing or trial.

b. Subject to paragraph 2 of subsection D of this

section, a person commanded to produce and permit

inspection, copying, testing or sampling or any party

may, within fourteen (14) days after service of the

subpoena or before the time specified for compliance

if such time is less than fourteen (14) days after

service, serve written objection to inspection,

copying, testing or sampling of any or all of the

designated materials or of the premises, or to

producing electronically stored information in the

form or forms requested. An objection that all or a

portion of the requested material will or should be

withheld on a claim that it is privileged or subject

to protection as trial preparation materials shall be

made within this time period and in accordance with

subsection D of this section. If the objection is

made by the witness, the witness shall serve the

objection on all parties; if objection is made by a

party, the party shall serve the objection on the

witness and all other parties. If objection is made,

the party serving the subpoena shall not be entitled

to inspect, copy, test or sample the materials or

inspect the premises except pursuant to an order of

Oklahoma Statutes - Title 12. Civil Procedure Page 390

the court by which the subpoena was issued. For

failure to object in a timely fashion, the court may

assess reasonable costs and attorney fees or take any

other action it deems proper; however, a privilege or

the protection for trial preparation materials shall

not be waived solely for a failure to timely object

under this section. If objection has been made, the

party serving the subpoena may, upon notice to the

person commanded to produce, move at any time for an

order to compel the production. Such an order to

compel production shall protect any person who is not

a party or an officer of a party from significant

expense resulting from the inspection and copying

commanded.

3. a. On timely motion, the court by which a subpoena was

issued shall quash or modify the subpoena if it:

(1) fails to allow reasonable time for compliance,

(2) requires a person to travel to a place beyond the

limits allowed under paragraph 3 of subsection A

of this section,

(3) requires disclosure of privileged or other

protected matter and no exception or waiver

applies,

(4) subjects a person to undue burden, or

(5) requires production of books, papers, documents

or tangible things that fall outside the scope of

discovery permitted by Section 3226 of this

title.

b. If a subpoena:

(1) requires disclosure of a trade secret or other

confidential research, development, or commercial

information, or

(2) requires disclosure of an unretained expert's

opinion or information not describing specific

events or occurrences in dispute and resulting

from the expert's study made not at the request

of any party,

the court may, to protect a person subject to or

affected by the subpoena, quash or modify the

subpoena. However, if the party in whose behalf the

subpoena is issued shows a substantial need for the

testimony or material that cannot be otherwise met

without undue hardship and assures that the person to

whom the subpoena is addressed will be reasonably

compensated, the court may order appearance or

production only upon specified conditions.

D. DUTIES IN RESPONDING TO SUBPOENA.

Oklahoma Statutes - Title 12. Civil Procedure Page 391

1. a. A person responding to a subpoena to produce documents

shall produce them as they are kept in the usual

course of business or shall organize and label them to

correspond with the categories in the demand.

b. If a subpoena does not specify the form or forms for

producing electronically stored information, a person

responding to a subpoena shall produce the information

in a form or forms in which the person ordinarily

maintains it or in a form or forms that are reasonably

usable.

c. A person responding to a subpoena is not required to

produce the same electronically stored information in

more than one form.

d. A person responding to a subpoena is not required to

provide discovery of electronically stored information

from sources that the person identifies as not

reasonably accessible because of undue burden or cost.

If such showing is made, the court may order discovery

from such sources if the requesting party shows good

cause, considering the limitations of subparagraph c

of paragraph 2 of subsection B of Section 3226 of this

title. The court may specify conditions for the

discovery.

2. a. When information subject to a subpoena is withheld on

a claim that it is privileged or subject to protection

as trial preparation materials, the claim shall be

made expressly and shall be supported by a description

of the nature of the documents, communications, or

things not produced that is sufficient to enable the

demanding party to contest the claim.

b. If information is produced in response to a subpoena

that is subject to a claim or privilege or of

protection as trial preparation material, the person

making the claim may notify any party that received

the information of the claim and the basis for such

claim. After being notified, a party shall promptly

return, sequester, or destroy the specified

information and any copies the party has and may not

use or disclose the information until the claim is

resolved. A receiving party may promptly present the

information to the court under seal for a

determination of the claim. If the receiving party

disclosed the information before being notified, such

shall take reasonable steps to retrieve the

information. The person who produced the information

shall preserve the information until the claim is

resolved. This mechanism is procedural only and does

Oklahoma Statutes - Title 12. Civil Procedure Page 392

not alter the standards governing whether the

information is privileged or subject to protection as

trial preparation material or whether such privilege

or protection has been waived.

E. CONTEMPT.

Failure by any person without adequate excuse to obey a subpoena

served upon him or her may be deemed a contempt of the court from

which the subpoena issued.
Okla. Stat. tit. 12, § 12-588 — OK Code / Title 12 / Section 12-588
General and special findings
Status: in_force

In all cases the jury shall render a general verdict, and the

court may in any case at the request of the parties thereto, or

either of them, in addition to the general verdict, direct the jury

to find upon particular questions of fact, to be stated in writing

by the party or parties requesting the same.

R.L. 1910, § 5013.
Okla. Stat. tit. 12A, § 12A-1-9-101 — OK Code / Title 12A / Section 12A-1-9-101
Short title
Status: in_force

SHORT TITLE

This article, Sections 1 through 144 of this act, may be cited

as Uniform Commercial Code – Secured Transactions.
Okla. Stat. tit. 12, § 12-2007 — OK Code / Title 12 / Section 12-2007
Pleadings allowed - Form of motions
Status: in_force

PLEADINGS ALLOWED; FORM OF MOTIONS

A. PLEADINGS. There shall be a petition and an answer; a reply

to a counterclaim denominated as such; an answer to a cross-claim,

Oklahoma Statutes - Title 12. Civil Procedure Page 400

if the answer contains a cross-claim denominated as such; a third-

party petition, if a person who was not an original party is

summoned under the provisions of Section 14 of this act; and a

third-party answer, if a third-party petition is served. No other

pleading shall be allowed, except that the court may order a reply

to an answer or a third-party answer.

B. MOTIONS AND OTHER PAPERS.

1. An application to the court for an order shall be by motion

which, unless made during a hearing or trial, shall be made in

writing, shall state with particularity the grounds therefor, and

shall set forth the relief or order sought. The requirement of

writing is fulfilled if the motion is stated in a written notice of

the hearing of the motion.

2. The rules applicable to captions, signing, and other matters

of form of pleadings apply to all motions and other papers provided

for by this act.

3. All motions shall be signed in accordance with Section 11 of

this act.

C. DEMURRERS TO THE PLEADINGS, PLEAS, ETC., ABOLISHED.

Demurrers to the pleadings, pleas, and exceptions for insufficiency

of a pleading shall not be used.
Okla. Stat. tit. 12A, § 12A-3-502 — OK Code / Title 12A / Section 12A-3-502
Dishonor
Status: in_force

DISHONOR

(a) Dishonor of a note is governed by the following rules:

(1) If the note is payable on demand, the note is

dishonored if presentment is duly made to the maker

and the note is not paid on the day of presentment;

(2) If the note is not payable on demand and is payable at

or through a bank or the terms of the note require

presentment, the note is dishonored if presentment is

duly made and the note is not paid on the day it

becomes payable or the day of presentment, whichever

is later; and

(3) If the note is not payable on demand and paragraph (2)

of this subsection does not apply, the note is

dishonored if it is not paid on the day it becomes

payable.

(b) Dishonor of an unaccepted draft other than a documentary

draft is governed by the following rules:

(1) If a check is duly presented for payment to the payor

bank otherwise than for immediate payment over the

counter, the check is dishonored if the payor bank

makes timely return of the check or sends timely

notice of dishonor or nonpayment under Section 4-301

or 4-302 of this title, or becomes accountable for the

amount of the check under Section 4-302 of this title;

(2) If a draft is payable on demand and paragraph (1) of

this subsection does not apply, the draft is

dishonored if presentment for payment is duly made to

the drawee and the draft is not paid on the day of

presentment;

(3) If a draft is payable on a date stated in the draft,

the draft is dishonored if (i) presentment for payment

is duly made to the drawee and payment is not made on

the day the draft becomes payable or the day of

presentment, whichever is later, or (ii) presentment

for acceptance is duly made before the day the draft

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 321

becomes payable and the draft is not accepted on the

day of presentment; and

(4) If a draft is payable on elapse of a period of time

after sight or acceptance, the draft is dishonored if

presentment for acceptance is duly made and the draft

is not accepted on the day of presentment.

(c) Dishonor of an unaccepted documentary draft occurs

according to the rules stated in paragraphs (2), (3) and (4) of

subsection (b) of this section, except that payment or acceptance

may be delayed without dishonor until no later than the close of the

third business day of the drawee following the day on which payment

or acceptance is required by those paragraphs.

(d) Dishonor of an accepted draft is governed by the following

rules:

(1) If the draft is payable on demand, the draft is

dishonored if presentment for payment is duly made to

the acceptor and the draft is not paid on the day of

presentment; and

(2) If the draft is not payable on demand, the draft is

dishonored if presentment for payment is duly made to

the acceptor and payment is not made on the day it

becomes payable or the day of presentment, whichever

is later.

(e) In any case in which presentment is otherwise required for

dishonor under this section and presentment is excused under Section

3-504 of this title, dishonor occurs without presentment if the

instrument is not duly accepted or paid.

(f) If a draft is dishonored because timely acceptance of the

draft was not made and the person entitled to demand acceptance

consents to a late acceptance, from the time of acceptance the draft

is treated as never having been dishonored.
Okla. Stat. tit. 12A, § 12A-2-714 — OK Code / Title 12A / Section 12A-2-714
Buyer's Damages for Breach in Regard to Accepted Goods
Status: in_force

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 227

(1) Where the buyer has accepted goods and given notification

(subsection (3) of Section 2-607) he may recover as damages for any

nonconformity of tender the loss resulting in the ordinary course of

events from the seller's breach as determined in any manner which is

reasonable.

(2) The measure of damages for breach of warranty is the

difference at the time and place of acceptance between the value of

the goods accepted and the value they would have had if they had

been as warranted, unless special circumstances show proximate

damages of a different amount.

(3) In a proper case any incidental and consequential damages

under the next section may also be recovered.
Okla. Stat. tit. 12, § 12-619 — OK Code / Title 12 / Section 12-619
Compensation
Status: in_force

The referees shall be allowed such compensation for their

services as the court may deem just and proper, which shall be taxed

as part of the costs in the case.

R.L. 1910, § 5025.
Okla. Stat. tit. 12, § 12-2506 — OK Code / Title 12 / Section 12-2506
Journalist’s privilege
Status: in_force

A. As used in this section:

1. "State proceeding" includes any proceeding or investigation

before or by any judicial, legislative, executive or administrative

body in this state;

2. "Medium of communication" includes any newspaper, magazine,

other periodical, book, pamphlet, news service, wire service, news

or feature syndicate, broadcast station or network, cable television

system, or record;

3. "Information" includes any written, oral or pictorial news

or other record;

4. "Published information" means any information disseminated

to the public by the person from whom disclosure is sought;

5. "Unpublished information" includes information not

disseminated to the public by the person from whom disclosure is

sought, whether or not related information has been disseminated,

and includes, but is not limited to, all notes, outtakes,

photographs, tapes or other data of whatever sort not itself

disseminated to the public through a medium of communication,

whether or not published information based upon or related to such

material has been disseminated;

6. "Processing" includes compiling, storing and editing of

information; and

7. "Journalist" means any person who is a reporter,

photographer, editor, commentator, journalist, correspondent,

announcer, or other individual regularly engaged in obtaining,

writing, reviewing, editing, or otherwise preparing news for any

newspaper, periodical, press association, newspaper syndicate, wire

service, radio or television station, or other news service. Any

individual employed by any such news service in the performance of

Oklahoma Statutes - Title 12. Civil Procedure Page 459

any of the above-mentioned activities shall be deemed to be

regularly engaged in such activities. However, journalist shall not

include any governmental entity or individual employed thereby

engaged in official governmental information activities.

B. No journalist shall be required to disclose in a state

proceeding either:

1. The source of any published or unpublished information

obtained in the gathering, receiving or processing of information

for any medium of communication to the public; or

2. Any unpublished information obtained or prepared in

gathering, receiving or processing of information for any medium of

communication to the public; unless the court finds that the party

seeking the information or identity has established by clear and

convincing evidence that such information or identity is relevant to

a significant issue in the action and could not with due diligence

be obtained by alternate means.

This subsection does not apply with respect to the content or

source of allegedly defamatory information, in a civil action for

defamation wherein the defendant asserts a defense based on the

content or source of such information.
Okla. Stat. tit. 12A, § 12A-2-201 — OK Code / Title 12A / Section 12A-2-201
Formal Requirements; Statute of Frauds
Status: in_force

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

for the sale of goods for the price of Five Hundred Dollars

($500.00) or more is not enforceable by way of action or defense

unless there is a record sufficient to indicate that a contract for

sale has been made between the parties and signed by the party

against whom enforcement is sought or by the party's authorized

agent or broker. A record is not insufficient because it omits or

incorrectly states a term agreed upon but the contract is not

enforceable under this paragraph beyond the quantity of goods shown

in the record.

(2) Between merchants if within a reasonable time a record in

confirmation of the contract and sufficient against the sender is

received and the party receiving it has reason to know its contents,

it satisfies the requirements of subsection (1) against the party

unless notice in a record of objection to its contents is given

within ten (10) days after it is received.

(3) A contract which does not satisfy the requirements of

subsection (1) but which is valid in other respects is enforceable:

(a) if the goods are to be specially manufactured for the

buyer and are not suitable for sale to others in the ordinary course

of the seller's business and the seller, before notice of

repudiation is received and under circumstances which reasonably

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 190

indicate that the goods are for the buyer, has made either a

substantial beginning of their manufacture or commitments for their

procurement; or

(b) if the party against whom enforcement is sought admits

in his pleading, testimony or otherwise in court that a contract for

sale was made, but the contract is not enforceable under this

provision beyond the quantity of goods admitted; or

(c) with respect to goods for which payment has been made

and accepted or which have been received and accepted (Section 2-

606).
Okla. Stat. tit. 12, § 12-72 — OK Code / Title 12 / Section 12-72
Affirmation
Status: in_force

Whenever an oath is required by this Code, the affirmation of a

person, conscientiously scrupulous of taking an oath shall have the

same effect.

R.L. 1910, § 5340.
Okla. Stat. tit. 12, § 12-2301 — OK Code / Title 12 / Section 12-2301
Definitions
Status: in_force

As used in this Code:

1. A "presumption" means a rule of procedure that when a basic

fact exists the existence of another fact must be assumed, whether

or not the basic fact has any probative value of the existence of

the assumed fact;

2. "Basic fact" means the fact or group of facts giving rise to

a presumption;

3. "Presumed fact" means the fact which must be assumed; and

4. "Inconsistent presumptions" means the presumed fact of one

presumption is inconsistent with the presumed fact of another

presumption.

Oklahoma Statutes - Title 12. Civil Procedure Page 444
Okla. Stat. tit. 12, § 12-764 — OK Code / Title 12 / Section 12-764
Notice of sale of realty
Status: in_force

A. Lands and tenements taken on execution shall not be sold

unless the party causing the execution to be issued:

1. Causes a written notice of sale executed by the sheriff

containing the legal description of the property to be sold and

stating the date, time, and place where the property will be sold

and, if the sale is to utilize an online sale marketplace, stating

Oklahoma Statutes - Title 12. Civil Procedure Page 152

the sale will be conducted through an online auction marketplace,

the Internet address where bids may be entered, the date of the

sale, and the time when bidding is scheduled to be open, to be

mailed, by first-class mail, postage prepaid, to the judgment

debtor, any holder of interest of record in the property to be sold

whose interest is sought to be extinguished, and all other persons

of whom the party causing the execution to be issued has notice who

claim a lien or any interest in the property whose interest is

sought to be extinguished, at least ten (10) days prior to the date

of the sale, if the names and addresses of such persons are known;

2. Causes public notice of the date, time and place of sale to

be given by publication for two (2) successive weeks in a newspaper

published in the county in which the property to be sold is

situated, or in case no newspaper is published in such county, then

in a newspaper of general circulation therein and by putting up an

advertisement upon the courthouse door and in five other public

places in such county, two of which shall be in the township where

such lands and tenements lie; provided, that in counties now having

a population of one hundred ten thousand (110,000) or more according

to the last Federal Decennial Census, the advertisement shall be

published in some newspaper published in the city or township where

such lands and tenements lie, or if there is no newspaper in such

city or township, then in some newspaper published in the county.

Notice shall be executed by the sheriff and state the name of any

person having an interest in the property to be sold whose interest

is sought to be extinguished and whose actual address is unknown,

and shall designate the person or persons whose unknown successors

are being notified; and

3. Files in the case an affidavit of proof of mailing and of

publication or posting.

B. A written notice of sale executed prior to November 1, 1987,

by the party causing the execution to be issued but otherwise

conforming to the provisions of this section shall, for all

purposes, be deemed valid.

C. Such sale shall not be held less than thirty (30) days after

the date of first publication of the notice required in paragraph 2

of subsection A of this section. If a purchaser other than the

party causing the execution to be issued, when required by the

sheriff, fails to post cash or certified funds equal to ten percent

(10%) of the amount bid for the property within twenty-four (24)

hours of the sale, excluding Sundays and legal holidays, or

otherwise fails to complete the sale, the sheriff may accept the

next highest bid. Except as otherwise provided for in subsection B

of this section, sales for which the provisions of subsection A of

this section have not been complied with shall be set aside on

motion by the court to which the execution is returnable.

Oklahoma Statutes - Title 12. Civil Procedure Page 153

D. The sheriff may determine whether the sale provided for in

this section shall utilize an online auction marketplace. All sales

of lands and tenements conducted by a sheriff utilizing an online

auction marketplace shall be conducted in accordance with the

provisions of Section 4 of this act.

R.L. 1910, § 5166. Amended by Laws 1927, c. 117, p. 184, § 1; Laws

1957, p. 81, § 1; Laws 1986, c. 227, § 3, eff. Nov. 1, 1986; Laws

1987, c. 189, § 2, operative Nov. 1, 1987; Laws 2025, c. 413, § 2,

emerg. eff. May 28, 2025.
Okla. Stat. tit. 12A, § 12A-4A-403 — OK Code / Title 12A / Section 12A-4A-403
Payment by sender to receiving bank
Status: in_force

PAYMENT BY SENDER TO RECEIVING BANK

(a) Payment of the sender's obligation under Section 27 of this

act to pay the receiving bank occurs as follows:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 373

(1) If the sender is a bank, payment occurs when the receiving

bank receives final settlement of the obligation through a Federal

Reserve Bank or through a funds-transfer system.

(2) If the sender is a bank and the sender (i) credited an

account of the receiving bank with the sender, or (ii) caused an

account of the receiving bank in another bank to be credited,

payment occurs when the credit is withdrawn or, if not withdrawn, at

midnight of the day on which the credit is withdrawable and the

receiving bank learns of that fact.

(3) If the receiving bank debits an account of the sender with

the receiving bank, payment occurs when the debit is made to the

extent the debit is covered by a withdrawable credit balance in the

account.

(b) If the sender and receiving bank are members of a funds-

transfer system that nets obligations multilaterally among

participants, the receiving bank receives final settlement when

settlement is complete in accordance with the rules of the system.

The obligation of the sender to pay the amount of a payment order

transmitted through the funds-transfer system may be satisfied, to

the extent permitted by the rules of the system, by setting off and

applying against the sender's obligation the right of the sender to

receive payment from the receiving bank of the amount of any other

payment order transmitted to the sender by the receiving bank

through the funds-transfer system. The aggregate balance of

obligations owed by each sender to each receiving bank in the funds-

transfer system may be satisfied, to the extent permitted by the

rules of the system, by setting off and applying against that

balance the aggregate balance of obligations owed to the sender by

other members of the system. The aggregate balance is determined

after the right of setoff stated in the second sentence of this

subsection has been exercised.

(c) If two banks transmit payment orders to each other under an

agreement that settlement of the obligations of each bank to the

other under Section 27 of this act will be made at the end of the

day or other period, the total amount owed with respect to all

orders transmitted by one bank shall be set off against the total

amount owed with respect to all orders transmitted by the other

bank. To the extent of the setoff, each bank has made payment to

the other.

(d) In a case not covered by subsection (a) of this section,

the time when payment of the sender's obligation under subsections

(b) or (c) of Section 27 of this act occurs is governed by

applicable principles of law that determine when an obligation is

satisfied.
Okla. Stat. tit. 12, § 12-181 — OK Code / Title 12 / Section 12-181
Record of judgment in realty case
Status: in_force

When any part of real property, the subject matter of an action,

is situated in any other county or counties than the one in which

the action is brought, a certified copy of the judgment in such

action must be recorded in the office of the county clerk of such

other county or counties, before it shall operate therein as notice.

It shall operate as such notice, when recorded in the office of the

county clerk, in the county where it is rendered.

R.L. 1910, § 4733. Amended by Laws 1977, c. 207, § 2, eff. Oct. 1,

1977.
Okla. Stat. tit. 12A, § 12A-2A-209 — OK Code / Title 12A / Section 12A-2A-209
Lessee Under Finance Lease as Beneficiary of Supply
Status: in_force

Contract.

LESSEE UNDER FINANCE LEASE AS BENEFICIARY OF SUPPLY CONTRACT

(1) The benefit of the supplier's promises to the lessor under

the supply contract and of all warranties, whether express or

implied, including those of any third party provided in connection

with or as part of the supply contract, extends to the lessee to the

extent of the lessee's leasehold interest under a finance lease

related to the supply contract, but is subject to the terms of the

warranty and of the supply contract and all defenses or claims

arising therefrom.

(2) The extension of the benefit of a supplier's promises and

of warranties to the lessee (subsection (1) of this section) does

not:

(i) modify the rights and obligations of the parties to

the supply contract, whether arising therefrom or

otherwise, or

(ii) impose any duty or liability under the supply contract

on the lessee.

(3) Any modification or rescission of the supply contract by

the supplier and the lessor is effective between the supplier and

the lessee unless, before the modification or rescission, the

supplier has received notice that the lessee has entered into a

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 243

finance lease related to the supply contract. If the modification

or rescission is effective between the supplier and the lessee, the

lessor is deemed to have assumed, in addition to the obligations of

the lessor to the lessee under the lease contract, promises of the

supplier to the lessor and warranties that were so modified or

rescinded as they existed and were available to the lessee before

modification or rescission.

(4) In addition to the extension of the benefit of the

supplier's promises and of warranties to the lessee under subsection

(1) of this section, the lessee retains all rights that the lessee

may have against the supplier which arise from an agreement between

the lessee and the supplier or under other law.
Okla. Stat. tit. 12A, § 12A-1-9-508 — OK Code / Title 12A / Section 12A-1-9-508
Effectiveness of financing statement if new debtor
Status: in_force

becomes bound by security agreement.

EFFECTIVENESS OF FINANCING STATEMENT IF

NEW DEBTOR BECOMES BOUND BY SECURITY AGREEMENT

(a) Except as otherwise provided in this section, a filed

financing statement naming an original debtor is effective to

perfect a security interest in collateral in which a new debtor has

or acquires rights to the extent that the financing statement would

have been effective had the original debtor acquired rights in the

collateral.

(b) If the difference between the name of the original debtor

and that of the new debtor causes a filed financing statement that

is effective under subsection (a) of this section to be seriously

misleading under Section 1-9-506 of this title:

(1) the financing statement is effective to perfect a security

interest in collateral acquired by the new debtor before, and within

four (4) months after, the new debtor becomes bound under subsection

(d) of Section 1-9-203 of this title; and

(2) the financing statement is not effective to perfect a

security interest in collateral acquired by the new debtor more than

four (4) months after the new debtor becomes bound under subsection

(d) of Section 1-9-203 of this title unless an initial financing

statement providing the name of the new debtor if filed before the

expiration of that time.

(c) This section does not apply to collateral for which a filed

financing statement remains effective against the new debtor under

subsection (a) of Section 1-9-507 of this title.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 112
Okla. Stat. tit. 12A, § 12A-1-9-609 — OK Code / Title 12A / Section 12A-1-9-609
Secured party’s right to take possession after
Status: in_force

default.

SECURED PARTY’S RIGHT TO TAKE POSSESSION AFTER DEFAULT

(a) After default, a secured party:

(1) may take possession of the collateral; and

(2) without removal, may render equipment unusable and dispose

of collateral on a debtor’s premises under Section 1-9-610 of this

title.

(b) A secured party may proceed under subsection (a) of this

section:

(1) pursuant to judicial process; or

(2) without judicial process, if it proceeds without breach of

the peace.

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

party may require the debtor to assemble the collateral and make it

available to the secured party at a place to be designated by the

secured party which is reasonably convenient to both parties.
Okla. Stat. tit. 12, § 12-689 — OK Code / Title 12 / Section 12-689
Judgment by confession
Status: in_force

Any person indebted, or against whom a cause of action exists,

may personally appear in a court of competent jurisdiction, and,

with the assent of the creditor or person having such cause of

action, confess judgment therefor; whereupon judgment shall be

entered accordingly.

R.L. 1910, § 5131.
Okla. Stat. tit. 12, § 12-1481 — OK Code / Title 12 / Section 12-1481
Occupying claimant entitled to pay for improvements and
Status: in_force

taxes.

In all cases any occupying claimant being in quiet possession of

any lands or tenements for which such person can show a plain and

connected title in law or equity, derived from the records of some

public office, or being in quiet possession of and holding the same

by deed, devise, descent, contract, bond, or agreement from and

under any person claiming title as aforesaid, derived from the

records of some public office, or by deed duly authenticated and

Oklahoma Statutes - Title 12. Civil Procedure Page 299

recorded, or being in quiet possession of, and holding the same

under sale on execution or order of sale against any person claiming

title as aforesaid, derived from the records of some public office,

or by deed, duly authenticated and recorded; or being in possession

of and holding any land under any sale for taxes authorized by the

laws of this state, or any person who has made a bona fide

settlement and improvement which he still occupies upon any of the

Indian lands lying in this state, or any lands held in trust for the

benefit of any Indian tribe at the date of such settlement, or which

may have heretofore been Indian lands, and which were vacant and

unoccupied at the date of such settlement, and where the records of

the county show no title or claim of any person to said lands at the

time of such settlement; or any person in quiet possession of any

land claiming title thereto, and holding the same under a sale and

conveyance made by executors, administrators or guardians, or by any

other person in pursuance of any order of court or decree in

chancery where lands are or have been directed to be sold and the

purchaser thereof has obtained title to and possession of the same

without any fraud or collusion on his part, shall not be evicted or

thrown out of possession by any person or persons who shall set up

and prove an adverse and better title to said lands until said

occupying claimant or his heirs, shall be paid the full value of all

lasting and valuable improvements made on such lands by such

occupying claimant, or by the person under whom he may hold the same

and all taxes paid thereon by such claimant with interest, as

provided for the redemption of lands sold for taxes, previous to

receiving actual notice by the commencement of suit on such adverse

claim by which eviction may be effected.

R.L. 1910, § 4933.
Okla. Stat. tit. 12A, § 12A-5-118.1 — OK Code / Title 12A / Section 12A-5-118.1
Security interest of issuer or nominated person
Status: in_force

SECURITY INTEREST OF ISSUER OR NOMINATED PERSON

(a) An issuer or nominated person has a security interest in a

document presented under a letter of credit and any identifiable

proceeds of the collateral to the extent that the issuer or

nominated person honors or gives value for the presentation.

(b) As long as and to the extent that an issuer or nominated

person has not been reimbursed or has not otherwise recovered the

value given with respect to a security interest in a document under

subsection (a) of this section, the security interest continues and

is subject to Article 9 of this title, but:

(1) a security agreement is not necessary to make the security

interest enforceable under paragraph (3) of subsection (b) of

Section 1-9-203 of this title;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 394

(2) if the document is presented in a medium other than a

written or other tangible medium, the security interest is

perfected; and

(3) if the document is presented in a written or other tangible

medium and is not a certificated security, chattel paper, a document

of title, an instrument, or a letter of credit, so long as the

debtor does not have possession of the document, the security is

perfected and has priority over a conflicting security interest in

the document.
Okla. Stat. tit. 12A, § 12A-2A-512 — OK Code / Title 12A / Section 12A-2A-512
Lessee's duties as to rightfully rejected goods
Status: in_force

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 267

LESSEE'S DUTIES AS TO RIGHTFULLY REJECTED GOODS

(1) Except as otherwise provided with respect to goods that

threaten to decline in value speedily (Section 58 of this act) and

subject to any security interest of a lessee (subsection (5) of

Section 55 of this act):

(a) the lessee, after rejection of goods in the

lessee's possession, shall hold them with reasonable care at the

lessor's or the supplier's disposition for a reasonable time after

the lessee's seasonable notification of rejection;

(b) if the lessor or the supplier gives no

instructions within a reasonable time after notification of

rejection, the lessee may store the rejected goods for the lessor's

or the supplier's account or ship them to the lessor or the supplier

or dispose of them for the lessor's or the supplier's account with

reimbursement in the manner provided in Section 58 of this act; but

(c) the lessee has no further obligations with regard to goods

rightfully rejected. (2) Action by the lessee pursuant to

subsection (1) of this section is not acceptance or conversion.
Okla. Stat. tit. 12, § 12-1448 — OK Code / Title 12 / Section 12-1448
Deceased personality's right of publicity - Unauthorized
Status: in_force

use - Claims - Exemptions.

A. Any person who uses a deceased personality'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 prior consent from the person or persons

specified in subsection C of this section, 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 these profits, the injured party or

parties shall be required to present proof only of the gross revenue

attributable to the 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 or parties in any action under this section shall also be

entitled to attorney's fees and costs.

B. The rights recognized under this section are property

rights, freely transferable, in whole or in part, by contract or by

means of trust or testamentary documents, whether the transfer

occurs before the death of the deceased personality, by the deceased

personality or his or her transferees, or, after the death of the

deceased personality, by the person or persons in whom such rights

vest under this section or the transferees of that person or

persons.

C. The consent required by this section shall be exercisable by

the person or persons to whom such right of consent (or portion

thereof) has been transferred in accordance with subsection B of

this section, or if no such transfer has occurred, then by the

person or persons to whom such right of consent (or portion thereof)

has passed in accordance with subsection D of this section.

D. Subject to subsections B and C of this section, after the

death of any person, the rights under this section shall belong to

Oklahoma Statutes - Title 12. Civil Procedure Page 292

the decedents' spouse, issue, or parents in accordance with Section

213 of Title 84 of the Oklahoma Statutes. Said rights shall be

exercised on behalf of and for the benefit of all those persons, by

those persons who, in the aggregate, are entitled to more than a

one-half (1/2) interest in such rights.

E. If any deceased personality does not transfer his or her

rights under this section by contract, or by means of a trust or

testamentary document, and there are no surviving persons as

described in subsection D of this section, then the rights set forth

in subsection A of this section shall terminate.

F. 1. A successor-in-interest to the rights of a deceased

personality under this section or a licensee thereof may not recover

damages for a use prohibited by this section that occurs before the

successor-in-interest or licensee registers a claim of the rights

under paragraph 2 of this subsection.

2. Any person claiming to be a successor-in-interest to the

rights of a deceased personality under this section or a licensee

thereof may register that claim with the Secretary of State on a

form prescribed by the Secretary of State and upon payment of a fee

of Ten Dollars ($10.00). The form shall be verified and shall

include the name and date of death of the deceased personality, the

name and address of the claimant, the basis of the claim, and the

rights claimed.

3. Upon receipt and after filing of any document under this

section, the Secretary of State may microfilm or reproduce by other

techniques any of the filings or documents and destroy the original

filing or document. The microfilm or other reproduction of any

document under the provision of this section shall be admissible in

any court of law. The microfilm or other reproduction of any

document may be destroyed by the Secretary of State fifty (50) years

after the death of the personality named therein.

4. Claims registered under this subdivision shall be public

records.

G. No action shall be brought under this section by reason of

any use of a deceased personality's name, voice, signature,

photograph, or likeness occurring after the expiration of one

hundred (100) years from the death of the deceased personality.

H. As used in this section, "deceased personality" means any

natural person whose name, voice, signature, photograph, or likeness

has commercial value at the time of his or her death, whether or not

during the lifetime of that natural person the person used his or

her name, voice, signature, photograph, or likeness on or in

products, merchandise or goods, or for purposes of advertising or

selling, or solicitation of purchase of, products, merchandise,

goods, or services. A "deceased personality" shall include, without

limitation, any such natural person who has died within fifty (50)

years prior to January 1, 1986.

Oklahoma Statutes - Title 12. Civil Procedure Page 293

I. 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 deceased

personality is readily identifiable. A deceased personality shall

be deemed to be readily identifiable from a photograph when one who

views the photograph with the naked eye can reasonably determine who

the person depicted in the photograph is.

J. 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.

K. 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 deceased personality'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.

L. 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

deceased personality's name, voice, signature, photograph, or

likeness as prohibited by this section.

M. The remedies provided for in this section are cumulative and

shall be in addition to any others provided for by law.

N. This section shall not apply to the use of a deceased

personality's name, voice, signature, photograph, or likeness, in

any of the following instances:

1. A play, book, magazine, newspaper, musical composition,

exhibit, display, film, radio or television program, other than an

advertisement or commercial announcement not exempt under paragraph

4 of this subsection;

2. Material that is of political or newsworthy value;

3. Single and original works of fine art; and

4. An advertisement or commercial announcement for a use

permitted by paragraph 1, 2 or 3 of this subsection.
Okla. Stat. tit. 12, § 12-1280 — OK Code / Title 12 / Section 12-1280
Renumbered as § 123 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.