Okla. Stat. tit. 12, § 12-3309 — OK Code / Title 12 / Section 12-3309
Disqualification of collaborative lawyer and lawyers in
Status: in_force

associated law firm.

DISQUALIFICATION OF COLLABORATIVE LAWYER AND LAWYERS IN

ASSOCIATED LAW FIRM.

A. Except as otherwise provided in subsection C of this

section, a collaborative lawyer is disqualified from appearing

before a tribunal to represent a party in a proceeding related to

the collaborative matter.

Oklahoma Statutes - Title 12. Civil Procedure Page 549

B. Except as otherwise provided in subsection C of this section

and Sections 10 and 11 of this act, a lawyer in a law firm with

which the collaborative lawyer is associated is disqualified from

appearing before a tribunal to represent a party in a proceeding

related to the collaborative matter if the collaborative lawyer is

disqualified from doing so under subsection A of this section.

C. A collaborative lawyer or a lawyer in a law firm with which

the collaborative lawyer is associated may represent a party:

1. To ask a tribunal to approve an agreement resulting from the

collaborative law process; or

2. To seek or defend an emergency order to protect the health,

safety, welfare, or interest of a party, or a family or household

member authorized to seek a protective order pursuant to the

Protection from Domestic Abuse Act, if a successor lawyer is not

immediately available to represent that person.

D. If paragraph 2 of subsection C of this section applies, a

collaborative lawyer, or lawyer in a law firm with which the

collaborative lawyer is associated, may represent a party or family

or household member only until the person is represented by a

successor lawyer or reasonable measures are taken to protect the

health, safety, welfare, or interest of the person.
Okla. Stat. tit. 12, § 12-1331 — OK Code / Title 12 / Section 12-1331
Persons who may prosecute writ
Status: in_force

Every person restrained of his liberty, under any pretense

whatever, may prosecute a writ of habeas corpus to enquire into the

cause of the restraint, and shall be delivered therefrom when

illegal.

R.L. 1910, § 4882.
Okla. Stat. tit. 12A, § 12A-7-205 — OK Code / Title 12A / Section 12A-7-205
Title under warehouse receipt defeated in certain
Status: in_force

cases.

Title Under Warehouse Receipt Defeated in Certain Cases.

A buyer in the ordinary course of business of fungible goods

sold and delivered by a warehouse that is also in the business of

buying and selling such goods takes the goods free of any claim

under a warehouse receipt even if the receipt is negotiable and has

been duly negotiated.
Okla. Stat. tit. 12A, § 12A-8-115 — OK Code / Title 12A / Section 12A-8-115
Securities Intermediary and Others Not Liable to
Status: in_force

Adverse Claimant.

Securities Intermediary and Others Not Liable to Adverse

Claimant.

A securities intermediary that has transferred a financial asset

pursuant to an effective entitlement order, or a broker or other

agent or bailee that has dealt with a financial asset at the

direction of its customer or principal, is not liable to a person

having an adverse claim to the financial asset, unless the

securities intermediary, or broker or other agent or bailee:

(1) took the action after it has been served with an

injunction, restraining order, or other legal process

enjoining it from doing so, issued by a court of

competent jurisdiction, and had a reasonable

opportunity to act on the injunction, restraining

order, or other legal process; or

(2) acted in collusion with the wrongdoer in violating the

rights of the adverse claimant; or

(3) in the case of a security certificate that has been

stolen, acted with notice of the adverse claim.
Okla. Stat. tit. 12, § 12-1145 — OK Code / Title 12 / Section 12-1145
Recovery where plaintiff's right ceases during action
Status: in_force

In an action for the recovery of real property, where the

plaintiff shows a right to recover at the time the action was

commenced, but it appears that his right has terminated during the

pendency of the action, the verdict and judgment must be according

to the fact, and the plaintiff may recover for withholding the

property.

R.L. 1910, § 4931.
Okla. Stat. tit. 12A, § 12A-4-302 — OK Code / Title 12A / Section 12A-4-302
Payor Bank's Responsibility for Late Return of Item
Status: in_force

PAYOR BANK'S RESPONSIBILITY FOR LATE RETURN OF ITEM

(a) If an item is presented to and received by a payor bank,

the bank is accountable for the amount of:

(1) a demand item, other than a documentary draft, whether

properly payable or not, if the bank, in any case in

which it is not also the depositary bank, retains the

item beyond midnight of the banking day of receipt

without settling for it or, whether or not it is also

the depositary bank, does not pay or return the item

or send notice of dishonor until after its midnight

deadline; or

(2) any other properly payable item unless, within the

time allowed for acceptance or payment of that item,

the bank either accepts or pays the item or returns it

and accompanying documents.

(b) The liability of a payor bank to pay an item pursuant to

subsection (a) of this section is subject to defenses based on

breach of presentment warranty (Section 4-208 of this title) or

proof that the person seeking enforcement of the liability presented

or transferred the item for the purpose of defrauding the payor

bank.
Okla. Stat. tit. 12, § 12-984 — OK Code / Title 12 / Section 12-984
Applicable to what courts
Status: in_force

The provisions of this article shall apply to all the courts of

record of the state so far as the same may be applicable to the

judgments or final orders of such courts.

R.L. 1910, § 5275.
Okla. Stat. tit. 12, § 12-1233 — OK Code / Title 12 / Section 12-1233
Garnishee may pay money into court
Status: in_force

A garnishee may pay the money owing to the defendant by him to

the sheriff having the order of attachment, or into court. He shall

be discharged from liability to the defendant for any money so paid,

not exceeding the plaintiff's claim. He shall not be subject to

costs, beyond those caused by his resistance of the claim against

him; and if he discloses the property in his hands, or the true

amount owing by him, and deliver and pay the same, according to the

order of the court, he shall be allowed his costs.

R.L. 1910, § 4854.
Okla. Stat. tit. 12, § 12-2602 — OK Code / Title 12 / Section 12-2602
Personal knowledge
Status: in_force

A witness may not testify to a matter unless evidence is

introduced sufficient to support a finding that the witness has

personal knowledge of the matter. Evidence to prove personal

knowledge may consist of the witness’s own testimony. This rule is

subject to the provisions of Section 2703 of this title.

Oklahoma Statutes - Title 12. Civil Procedure Page 465
Okla. Stat. tit. 12, § 12-1052 — OK Code / Title 12 / Section 12-1052
Actions which abate on death of party
Status: in_force

No action pending in any court shall abate by the death of

either or both the parties thereto, except an action for libel,

slander or malicious prosecution, which shall abate by the death of

the defendant. An action for libel, slander or malicious

prosecution shall not abate after a jury verdict or a decision by

the court where the trial is by the court, unless a new trial is

ordered.

R.L. 1910, § 5280. Amended by Laws 1965, c. 299, § 1.
Okla. Stat. tit. 12, § 12-2611.2 — OK Code / Title 12 / Section 12-2611.2
Minor or incapacitated witnesses - Closing of testimony
Status: in_force

to public - Taking testimony outside courtroom - Meeting in chambers

with judge and attorneys - Presence of support person or therapeutic

dog.

A. It is the intent of the Legislature in enacting this section

to provide the court with discretion to employ unusual court

procedures to protect the rights of incapacitated persons, while

Oklahoma Statutes - Title 12. Civil Procedure Page 469

ensuring the rights of a criminal defendant and the integrity of the

judicial process.

B. As used in this section:

1. "Support person" means a parent, other relative or a next

friend chosen by the witness to accompany the witness to court

proceedings;

2. "Incapacitated witness" means any witness in a criminal

proceeding that is a person who is defined as an incapacitated

person or vulnerable adult as such terms are defined by the

provisions of Section 10-103 of Title 43A of the Oklahoma Statutes;

and

3. "Witness" means incapacitated witness.

C. The court, upon motion of counsel, shall conduct a hearing

to determine whether the testimony of a witness shall be closed to

the public. In making the decision, the court shall consider:

1. The nature and seriousness of the issues in the proceeding;

2. The age of the witness;

3. The relationship, if any, of the witness to the defendant;

4. The extent to which the size of the community would preclude

the anonymity of the witness;

5. The likelihood of public disgrace of the witness;

6. Whether there is an overriding public interest in having the

testimony of the witness presented in open court;

7. The substantial risk that the identity of the witness would

be disclosed to the public during the proceeding;

8. The substantial probability that the disclosure of the

identity of the witness would cause serious harm to the witness;

9. Whether the witness has disclosed information concerning the

case to the public in a manner which would preclude anonymity of the

witness; and

10. Other factors the court may deem necessary to protect the

interests of justice.

D. If the court determines that the testimony of the witness is

to be closed to the public, the court shall in its order accordingly

and set forth the persons who can be present during the taking of

testimony of the witness, which shall include:

1. The parties to the proceeding and their counsel;

2. Any officer having custody of the witness;

3. Court personnel as may be necessary to conduct the hearing

and maintain order, including but not limited to the judge, the

court clerk, the bailiff, and the court reporter;

4. Jury members, if appropriate; and

5. The witness and a support person for the witness.

E. The testimony of the witness may be taken in the courtroom,

in chambers, or in some other comfortable place. If the testimony

of a witness is to be taken in a courtroom, the witness and support

person shall be assembled in the court chambers prior to the taking

Oklahoma Statutes - Title 12. Civil Procedure Page 470

of the testimony to meet for a reasonable period of time with the

judge, and counsel for the parties. At this meeting court

procedures shall be explained to the witness and counsel shall be

given an opportunity to establish a rapport with the witness to

facilitate taking the testimony of the witness at a later time. The

facts involved in the proceeding shall not be discussed with the

witness during this meeting.

F. A witness shall have the right to be accompanied by a

support person while giving testimony in the proceeding, but the

support person shall not discuss the testimony of the witness with

any other witnesses or attempt to prompt or influence the testimony

of the witness in any way. In lieu of a support person, a witness

shall be afforded the opportunity to have a certified therapeutic

dog accompanied by the handler of the certified therapeutic dog

pursuant to the provisions set forth in Section 1 of this act.outside courtroom - Meeting in chambers with judge and attorneys - Presence of support person
Okla. Stat. tit. 12, § 12-1148.1 — OK Code / Title 12 / Section 12-1148.1
Jurisdiction - Forcible entry and detention - Joinder
Status: in_force

of actions - Judgments no bar.

The district court shall have jurisdiction to try all actions

for the forcible entry and detention, or detention only, of real

property, and claims for the collection of rent or damages to the

premises, or claims arising under the Oklahoma Residential Landlord

and Tenant Act, may be included in the same action, but other claims

may not be included in the same action. A judgment in an action

brought under this act shall be conclusive as to any issues

adjudicated therein, but it shall not be a bar to any other action

brought by either party.
Okla. Stat. tit. 12, § 12-1600.17 — OK Code / Title 12 / Section 12-1600.17
Renumbered as § 317 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12A, § 12A-3-207 — OK Code / Title 12A / Section 12A-3-207
Reacquisition
Status: in_force

REACQUISITION

Reacquisition of an instrument occurs if it is transferred to a

former holder, by negotiation or otherwise. A former holder who

reacquires the instrument may cancel indorsements made after the

reacquirer first became a holder of the instrument. If the

cancellation causes the instrument to be payable to the reacquirer

or to bearer, the reacquirer may negotiate the instrument. An

indorser whose indorsement is canceled is discharged, and the

discharge is effective against any subsequent holder.
Okla. Stat. tit. 12, § 12-1433 — OK Code / Title 12 / Section 12-1433
Time limits for hearing on motion to dismiss
Status: in_force

A. A hearing on a motion filed pursuant to Section 3 of the

Oklahoma Citizens Participation Act shall be set no later than sixty

(60) days after the date of service of the motion unless the docket

conditions of the court require a later hearing, upon a showing of

good cause, or by agreement of the parties, but in no event shall

the hearing occur more than ninety (90) days after service of the

motion to dismiss, except as provided by subsection C of this

section.

B. In the event that the court cannot hold a hearing in the

time required by subsection A of this section, the court may take

judicial notice that court docket conditions required a hearing at a

later date, but in no event shall the hearing occur more than ninety

(90) days after service of the motion to dismiss, except as provided

by subsection C of this section.

C. If the court allows discovery under subsection B of Section

6 of this act, the court may extend the hearing date to allow

discovery under that subsection, but in no event shall the hearing

occur more than one hundred twenty (120) days after the service of

the motion to dismiss.
Okla. Stat. tit. 12, § 12-1439 — OK Code / Title 12 / Section 12-1439
Actions excluded
Status: in_force

The Oklahoma Citizens Participation Act shall not apply to:

1. An enforcement action that is brought in the name of this

state or a political subdivision of this state by the Attorney

General or a district attorney;

2. A legal action brought against a person primarily engaged in

the business of selling or leasing goods or services, if the

statement or conduct the action is based upon arises out of the sale

or lease of goods, services, or an insurance product, insurance

services, or a commercial transaction in which the intended audience

is an actual or potential buyer or customer;

3. A legal action seeking recovery for bodily injury, wrongful

death or survival or to statements made regarding that legal action;

4. A legal action brought under the Oklahoma Insurance Code or

arising out of an insurance contract; or

5. A civil action arising from an officer-director, employee-

employer, or independent contractor relationship that:

Oklahoma Statutes - Title 12. Civil Procedure Page 287

a. seeks recovery for misappropriation of trade secrets

or corporate opportunities, or

b. seeks to enforce a non-disparagement agreement,

covenant not to compete, non-disclosure agreement, or

confidentiality agreement.
Okla. Stat. tit. 12A, § 12A-2-509 — OK Code / Title 12A / Section 12A-2-509
Risk of loss in the absence of breach
Status: in_force

Risk of Loss in the Absence of Breach.

(1) Where the contract requires or authorizes the seller to

ship the goods by carrier:

(a) if it does not require him to deliver them at a particular

destination, the risk of loss passes to the buyer when the goods are

duly delivered to the carrier even though the shipment is under

reservation (Section 2-505); but

(b) if it does require him to deliver them at a particular

destination and the goods are there duly tendered while in the

possession of the carrier, the risk of loss passes to the buyer when

the goods are there duly so tendered as to enable the buyer to take

delivery.

(2) Where the goods are held by a bailee to be delivered

without being moved, the risk of loss passes to the buyer:

(a) on his receipt of a negotiable document of title covering

the goods; or

(b) on acknowledgment by the bailee of the buyer's right to

possession of the goods; or

(c) after his receipt of possession or control of a

nonnegotiable document of title or other direction to deliver in a

record, as provided in subsection (4) (b) of Section 2-503.

(3) In any case not within subsection (1) or (2), the risk of

loss passes to the buyer on his receipt of the goods if the seller

is a merchant; otherwise the risk passes to the buyer on tender of

delivery.

(4) The provisions of this section are subject to contrary

agreement of the parties and to the provisions of this article on

sale on approval (Section 2-327) and on effect of breach on risk of

loss (Section 2-510).
Okla. Stat. tit. 12A, § 12A-1-9-525 — OK Code / Title 12A / Section 12A-1-9-525
Fees
Status: in_force

FEES

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

section, the fee for filing and indexing a record under this part,

other than an initial financing statement of the kind described in

subsection (c) of Section 1-9-502 of this title, is:

(1) Ten Dollars ($10.00) if the record is communicated in

writing and consists of one to five pages, and an additional One

Dollar ($1.00) per page for each page exceeding five; and

(2) Ten Dollars ($10.00) if the record is communicated by an

electronic medium authorized by filing-office rule.

(b) The number of names required to be indexed does not affect

the amount of the fee in subsection (a) of this section.

(c) The fee for responding to a request for information from

the filing office in any medium designated by the filing office,

including issuing a certificate showing whether there is on file any

financing statement naming a particular debtor, is Ten Dollars

($10.00) for each debtor.

(d) The fee for a copy of a record is One Dollar ($1.00) per

page regardless of the medium used.

(e) This section does not require a fee with respect to a

record of a mortgage which is effective as a financing statement

filed as a fixture filing or as a financing statement covering as-

extracted collateral or timber to be cut under subsection (c) of

Section 1-9-502 of this title. However, the recording and

satisfaction fees that otherwise would be applicable to the record

of the mortgage apply pursuant to paragraphs 1, 2, 4, 7, 11, 15 and

16 of subsection A of Section 32 of Title 28 of the Oklahoma

Statutes.

(f) The fee for providing certified copies shall be One Dollar

($1.00) per page regardless of medium.

(g) The fee for providing bulk data of indexed records as

described in subsection (f) of Section 1-9-523 of this title is as

follows:

(1) Five Hundred Dollars ($500.00) for the initial database

history.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 131

(2) Fifty Dollars ($50.00) for weekly updates to the database.

(3) Four cents ($0.04) per page for images of filed records.

(h) The filing office may accept payment for fees by automated

clearing house or by a nationally recognized debit or credit card.

If payment is made by a credit or debit card, the filing office may

add an amount equal to the amount of the service charge incurred for

the acceptance of the payment. The filing office may enter into

contracts for credit card processing services according to

applicable county purchasing laws.

(i) In addition to the other fees provided by law, the Oklahoma

County Clerk shall, upon the effective date of the central filing

system provided for in Section 1-9-320.6 of this title, collect the

following fees:

(1) For filing an effective financing statement in the Oklahoma

County Clerk’s office pursuant to Section 1-9-320.6 of this title,

Ten Dollars ($10.00);

(2) For filing a continuation statement, partial release, or

assignment of or amendment to an effective financing statement filed

in the Oklahoma County Clerk’s office pursuant to Section 1-9-320.6

of this title, Ten Dollars ($10.00);

(3) For filing a termination statement for an effective

financing statement filed in the Oklahoma County Clerk’s office

pursuant to Section 1-9-320.6 of this title, Ten Dollars ($10.00);

(4) For registering a buyer of farm products, commission

merchant, selling agent, or other interested party as provided for

in Section 1-9-320.6 of this title, Fifty Dollars ($50.00) per year.

The registration fee provided for in this paragraph shall not apply

if the buyer of farm products, commission merchant, selling agent,

or other interested party as provided for in Section 1-9-320.6 of

this title accesses the master list through Internet download;

(5) For distributing a copy of the master list or portions

thereof to registrants, as provided for in Section 1-9-320.6 of this

title, in accordance with the following fee schedule. Such fees may

be paid annually or semiannually:

(A) For information requested for five or fewer counties:

Number of Farm

Products Paper

(B) For information requested for six to twenty-five

counties:

Number of Farm

Products Paper

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 132

(C) For information requested for twenty-six to fifty

counties:

Number of Farm

Products Paper

(D) For information requested for over fifty counties:

Number of Farm

Products Paper

(6) (A) The Oklahoma County Clerk is authorized to provide for

the distribution of the master list or portions

thereof to those persons specified in paragraph 5 of

this subsection through Internet download, electronic

data equipment, or other communication media in such

form and manner as is specified by the Oklahoma County

Clerk. The Oklahoma County Clerk shall not collect a

fee for distribution of the master list or portions

thereof through Internet download.

(B) The Oklahoma County Clerk is authorized to establish a

fee system for such transfer of information pursuant

to this paragraph. Such fee shall not exceed the

amount necessary to cover the costs of the Oklahoma

County Clerk in providing such transfer of

information.

(C) In providing for the transfer of the information

specified by this paragraph, the Oklahoma County Clerk

shall ensure the integrity of confidential information

through data security measures, internal controls, and

appropriate database management; and

(7) For issuing a written confirmation of the existence or

nonexistence of active effective financing statements on file for a

debtor in the Oklahoma County Clerk’s office, Six Dollars ($6.00).

(j) All fees shall be properly accounted for and shall be paid

to the Oklahoma County Clerk monthly. The fees generated by

subsection (i) of this section shall be deposited to the credit of

the Oklahoma County Clerk’s Uniform Commercial Code Central Filing

Fund created pursuant to Section 1-9-525.1 of this title.
Okla. Stat. tit. 12, § 12-2017 — OK Code / Title 12 / Section 12-2017
Parties plaintiff and defendant - Capacity
Status: in_force

PARTIES PLAINTIFF AND DEFENDANT; CAPACITY

A. REAL PARTY IN INTEREST. Every action shall be prosecuted in

the name of the real party in interest. An executor, administrator,

guardian, bailee, trustee of an express trust, a party with whom or

in whose name a contract has been made for the benefit of another,

or a party authorized by statute may sue in his own name without

joining with him the party for whose benefit the action is brought.

No action shall be dismissed on the ground that it is not prosecuted

in the name of the real party in interest until a reasonable time

has been allowed after objection for ratification of commencement of

the action by, or joinder or substitution of, the real party in

interest; and such ratification, joinder, or substitution shall have

the same effect as if the action had been commenced in the name of

the real party in interest.

B. CAPACITY TO SUE OR BE SUED. Except as otherwise provided by

law, any person, corporation, partnership, or unincorporated

association shall have capacity to sue or be sued in this state.

C. INFANTS OR INCOMPETENT PERSONS. Whenever an infant or

incompetent person has a representative, such as a general guardian,

committee, conservator, or other like fiduciary, the representative

may sue or defend on behalf of the infant or incompetent person. If

an infant or incompetent person does not have a duly appointed

representative he may sue by his next friend or by a guardian ad

litem. The court shall appoint a guardian ad litem for an infant or

incompetent person not otherwise represented in an action or shall

make such other order as it deems proper for the protection of the

infant or incompetent person.

D. ASSIGNMENT AND SUBROGATION OF CLAIMS. The assignment of

claims not arising out of contract is prohibited. However, nothing

in this section shall be construed to affect the law in this state

as relates to the transfer of claims through subrogation.
Okla. Stat. tit. 12, § 12-1831 — OK Code / Title 12 / Section 12-1831
Short title - Purpose
Status: in_force

A. Sections 11 through 20 of this act shall be known as the

“Choice in Mediation Act”.

B. The Legislature has previously enacted measures designed to

create programs for and encourage the use of mediation in resolving

disputes involving citizens of this state. These measures provide

guidelines and standards for qualifications of mediators and their

use in resolving disputes. Over the years since the first of these

measures was enacted, there has developed a significant number of

trained and experienced mediators, some of whom work solely in

volunteer programs under the Dispute Resolution Act and some of whom

provide mediation services on a “for fee” basis, either solely or in

addition to volunteer work. The power of the parties to a dispute

to settle their own dispute with the help of a neutral person being

the essence of mediation, there now exists a need to clarify the

choice available to disputants to select a mediator.

Oklahoma Statutes - Title 12. Civil Procedure Page 353
Okla. Stat. tit. 12A, § 12A-8-207 — OK Code / Title 12A / Section 12A-8-207
Rights and Duties of Issuer with Respect to Registered
Status: in_force

Owners.

Rights and Duties of Issuer with Respect to Registered Owners.

(a) Before due presentment for registration of transfer of a

certificated security in registered form or of an instruction

requesting registration of transfer of an uncertificated security,

the issuer or indenture trustee may treat the registered owner as

the person exclusively entitled to vote, receive notifications, and

otherwise exercise all the rights and powers of an owner.

(b) This article does not affect the liability of the

registered owner of a security for a call, assessment, or the like.
Okla. Stat. tit. 12, § 12-1878 — OK Code / Title 12 / Section 12-1878
Location of arbitration
Status: in_force

An application and motion pursuant to Section 6 of this act must

be made in the court of the county in which the agreement to

arbitrate specifies the arbitration hearing is to be held or, if the

hearing has been held, in the court of the county in which it was

held. Otherwise, the motion may be made in the court of any county

in which an adverse party resides or has a place of business or, if

no adverse party has a residence or place of business in this state,

in the court of any county in this state. All subsequent motions

must be made in the court hearing the initial motion unless the

court otherwise directs.
Okla. Stat. tit. 12A, § 12A-7-703 — OK Code / Title 12A / Section 12A-7-703
Applicability
Status: in_force

Applicability.

This article applies to a document of title that is issued or a

bailment that arises on or after January 1, 2006. This article does

not apply to a document of title that is issued or a bailment that

arises before January 1, 2006, even if the document of title or

bailment would be subject to this article if the document of title

had been issued or bailment had arisen on or after January 1, 2006.

This article does not apply to a right of action that has accrued

before January 1, 2006.
Okla. Stat. tit. 12A, § 12A-1-9-512 — OK Code / Title 12A / Section 12A-1-9-512
Amendment of financing statement
Status: in_force

AMENDMENT OF FINANCING STATEMENT

(a) Subject to Section 1-9-509 of this title, a person may add

or delete collateral covered by, continue or terminate the

effectiveness of, or, subject to subsection (e) of this section,

otherwise amend the information provided in, a financing statement

by filing an amendment that:

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

statement to which the amendment relates; and

(2) if the amendment relates to an initial financing statement

filed or recorded in a filing office described in paragraph (1) of

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

number and 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.

(b) Except as otherwise provided in Section 1-9-515 of this

title, the filing of an amendment does not extend the period of

effectiveness of the financing statement.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 114

(c) A financing statement that is amended by an amendment that

adds collateral is effective as to the added collateral only from

the date of the filing of the amendment.

(d) A financing statement that is amended by an amendment that

adds a debtor is effective as to the added debtor only from the date

of the filing of the amendment.

(e) An amendment is ineffective to the extent it:

(1) purports to delete all debtors and fails to provide the

name of a debtor to be covered by the financing statement; or

(2) purports to delete all secured parties of record and fails

to provide the name of a new secured party of record.
Okla. Stat. tit. 12, § 12-32.1A — OK Code / Title 12 / Section 12-32.1A
Supreme Court to make rules for display of court records
Status: in_force

online.

The Supreme Court of Oklahoma shall immediately make rules

regulating the display of court records online. The rules shall

ensure that all online data is displayed uniformly in all counties.

The Supreme Court of Oklahoma may modify the rules as necessary.

Court clerks shall obey and follow the rules.
Okla. Stat. tit. 12, § 12-762 — OK Code / Title 12 / Section 12-762
Lien restricted to property levied on when two-thirds of appraised value sufficient to
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 12appraised value sufficient to satisfy judgment - Amount for which

property sold - Sale for debt or taxes due state.

If, upon such return, as aforesaid, it appear, by the

inquisition, that two-thirds (2/3) of the appraised value of said

lands and tenements, so levied upon is sufficient to satisfy the

execution, with costs, the judgment on which such execution issued

shall not operate as a lien on the residue of the debtor's estate,

to the prejudice of any other judgment creditor; but no such

property shall be sold for less than two-thirds (2/3) of the value

returned in the inquest; and nothing in this section contained

shall, in any wise, extend to affect the sale of lands by the state,

but all lands, the property of individuals indebted to the state for

any debt or taxes, or in any other manner, shall be sold without

valuation, for the discharge of such debt or taxes, agreeably to the

laws in such cases made and provided.

R.L. 1910, § 5164.
Okla. Stat. tit. 12A, § 12A-1-9-107B — OK Code / Title 12A / Section 12A-1-9-107B
No requirement to acknowledge or confirm; no duties
Status: in_force

NO REQUIREMENT TO ACKNOWLEDGE OR CONFIRM; NO DUTIES

(a) A person that has control under Section 9-104 or 9-105 of

this title is not required to acknowledge that it has control on

behalf of another person.

(b) If a person acknowledges that it has or will obtain control

on behalf of another person, unless the person otherwise agrees or

law other than this article otherwise provides, the person does not

owe any duty to the other person and is not required to confirm the

acknowledgment to any other person.
Okla. Stat. tit. 12, § 12-3225 — OK Code / Title 12 / Section 12-3225
Construction
Status: in_force

The Discovery Code shall be construed, administered and employed

by courts and parties to secure the just, speedy and inexpensive

determination of every action.
Okla. Stat. tit. 12A, § 12A-1-9-517 — OK Code / Title 12A / Section 12A-1-9-517
Effect of indexing errors
Status: in_force

EFFECT OF INDEXING ERRORS

The failure of the filing office to index a record correctly

does not affect the effectiveness of the filed record.
Okla. Stat. tit. 12, § 12-1334 — OK Code / Title 12 / Section 12-1334
Direction and command of writ
Status: in_force

The writ shall be directed to the officer or party having the

person under restraint, commanding him to have such person before

the court, or judge, at such time and place as the court or judge

shall direct, to do and receive what shall be ordered concerning him

and have then and there the writ.

R.L. 1910, § 4885.
Okla. Stat. tit. 12, § 12-990A — OK Code / Title 12 / Section 12-990A
Appeal to Supreme Court by filing petition in error -
Status: in_force

Rules - Record on appeal - Premature appeal - Designation of record.

A. An appeal to the Supreme Court of Oklahoma, if taken, must

be commenced by filing a petition in error with the Clerk of the

Supreme Court of Oklahoma within thirty (30) days from the date a

judgment, decree, or appealable order prepared in conformance with

Section 696.3 of this title is filed with the clerk of the trial

court. If the appellant did not prepare the judgment, decree, or

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

the judgment, decree, or appealable order to be served upon the

Oklahoma Statutes - Title 12. Civil Procedure Page 190

appellant, and the court records do not reflect the service of a

copy of the judgment, decree, or appealable order to the appellant

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

filing of the judgment, decree, or appealable order, the petition in

error may be filed within thirty (30) days after the earliest date

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

or appealable order was served upon the appellant.

B. The filing of the petition in error may be accomplished

either by delivery or mailing by certified or first-class mail,

postage prepaid, to the Clerk of the Supreme Court. The date of

filing or the date of mailing, as shown by the postmark affixed by

the post office or other proof from the post office of the date of

mailing, shall constitute the date of filing of the petition in

error. If there is no proof from the post office of the date of

mailing, the date of receipt by the Clerk of the Supreme Court shall

constitute the date of filing of the petition in error.

C. The Supreme Court shall provide by rule, which shall have

the force of statute, and be in furtherance of this method of

appeal:

1. For the filing of cross-appeals;

2. The procedure to be followed by the trial courts or

tribunals in the preparation and authentication of transcripts and

records in cases appealed under this act; and

3. The procedure to be followed for the completion and

submission of the appeal taken hereunder.

D. In all cases the record on appeal shall be complete and

ready for filing in the Supreme Court within the time prescribed by

rule.

E. Except for the filing of a petition in error as provided

herein, all steps in perfecting an appeal are not jurisdictional.

F. 1. If a petition in error is filed before the time

prescribed in this section, it shall be dismissed as premature;

however, if the time to commence the appeal accrues before the

appeal is dismissed, the appellant may file a supplemental petition

in error, without the payment of any additional costs. Such

supplemental petition in error shall state when the time for

commencing the appeal began and shall set out all matters which have

occurred since the filing of the original petition in error and

which should be included in a timely petition in error. When a

proper supplemental petition in error is filed, the appeal shall not

be dismissed on the ground that it was premature.

2. If an appeal is dismissed on the ground that it was

premature, the appellant may file a new petition in error within the

time prescribed in this section for filing petitions in error or

within thirty (30) days after notice is mailed to the parties which

states that the appeal was dismissed on the ground that it was

premature, whichever date is later. A notice that an appeal was

Oklahoma Statutes - Title 12. Civil Procedure Page 191

dismissed on the ground that it was premature shall include the date

of mailing and the ground for dismissal.

G. 1. No designation of record shall be accepted by the

district court clerk for filing unless it contains one of the

following:

a. where a transcript is designated: A signed

acknowledgment from the court reporter who reported

evidence in the case indicating receipt of the requestOklahoma Statutes - Title 12. Civil Procedure Page 15dismissed on the ground that it was premature shall include the date

of mailing and the ground for dismissal.

G. 1. No designation of record shall be accepted by the

district court clerk for filing unless it contains one of the

following:

a. where a transcript is designated: A signed

acknowledgment from the court reporter who reported

evidence in the case indicating receipt of the request

for transcript, the date received, and the amount of

deposit received, if applicable, in substantially the

following form: I, ________, court reporter for the

above-styled case, do hereby acknowledge this request

for transcript on this ____ day of____, 20__, and have

received a deposit in the sum of $____., or

b. where a transcript is not designated: A signed

statement by the attorney preparing the designation of

record stating that a transcript has not been ordered

and a brief explanation why, in substantially the

following form: I, ________, attorney for the

appellant, hereby state that I have not ordered a

transcript because:

(1) a transcript is not necessary for this appeal, or

(2) no stenographic reporting was made.

2. No counter-designation of record shall be accepted by the

district court clerk for filing unless it contains one of the

following:

a. where additional transcript is designated: A signed

acknowledgment from the court reporter who reported

evidence in the case indicating receipt of the request

for transcript and the date received, in substantially

the following form: I, ________, court reporter for

the above-styled case, do hereby acknowledge this

request for transcript on this ____ day of____, 20__.,

or

b. where no additional transcript is designated: A

signed statement by the attorney preparing the

designation of record stating that a transcript has

not been ordered and a brief explanation why, in

substantially the following form: I, ________,

attorney for the appellant, hereby state that I have

not ordered a transcript because:

(1) no additional transcript is necessary for this

appeal, or

(2) no stenographic reporting was made.
Okla. Stat. tit. 12A, § 12A-12-103 — OK Code / Title 12A / Section 12A-12-103
Relation to Article 9 and consumer laws
Status: in_force

RELATION TO ARTICLE 9 AND CONSUMER LAWS

(a) If there is conflict between this article and Article 9 of

this title, Article 9 of this title governs.

(b) A transaction subject to this article is subject to any

applicable rule of law that establishes a different rule for

consumers, any other statute or regulation that regulates the rates,

charges, agreements, and practices for loans, credit sales, or other

extensions of credit, and the Oklahoma Consumer Protection Act.
Okla. Stat. tit. 12, § 12-2409 — OK Code / Title 12 / Section 12-2409
Payment of medical and similar expenses
Status: in_force

Evidence of furnishing, offering or promising to pay medical,

hospital or similar expenses occasioned by an injury is not

admissible to prove liability for the injury.
Okla. Stat. tit. 12, § 12-3001 — OK Code / Title 12 / Section 12-3001
Definitions
Status: in_force

For purposes of this Code:

1. "Writings" and "recordings" means letters, words, or

numbers, or their equivalent, inscribed on a tangible medium or

stored in an electronic or other machine and retrievable in

perceivable form by handwriting, typewriting, printing,

photostating, photographing, mechanical or electronic recording, or

other technique;

2. "Photographs" mean a form of a record which consists of

still photographs, stored images, x-ray films, video tapes, or

motion pictures;

3. An "original" of a writing, recording, or other record means

the writing, recording, or other record itself or any counterpart

intended to have the same effect by a person executing or issuing

it. An "original", when applied to a photograph, includes the

negative or any print therefrom. The term "original" includes a

print out or other perceivable output of a record of data or images

stored in a computer or similar device if shown to reflect the data

or images accurately;

Oklahoma Statutes - Title 12. Civil Procedure Page 491

4. A "duplicate" means a counterpart in the form of a record

produced by the same impression as the original, from the same

matrix, by means of photography, including enlargements and

miniatures, or by mechanical or electronic rerecording, by chemical

reproduction, or by another equivalent technique that accurately

reproduce the original;

5. "Image" means a form of a record which consists of a

digitized copy or image of information; and

6. "Record" means information that is inscribed on a tangible

medium or that is stored in an electronic or other medium and is

retrievable in perceivable form.
Okla. Stat. tit. 12A, § 12A-2A-219 — OK Code / Title 12A / Section 12A-2A-219
Risk of loss
Status: in_force

RISK OF LOSS

(1) Except in the case of a finance lease, risk of loss is

retained by the lessor and does not pass to the lessee. In the case

of a finance lease, risk of loss passes to the lessee.

(2) Subject to the provisions of this article on the effect of

default on risk of loss (Section 29 of this act), if risk of loss is

to pass to the lessee and the time of passage is not stated, the

following rules apply:

(a) If the lease contract requires or authorizes the

goods to be shipped by carrier:

(i) and it does not require delivery at a

particular destination, the risk of loss passes to the lessee when

the goods are duly delivered to the carrier; but

(ii) if it does require delivery at a particular

destination and the goods are there duly tendered while in the

possession of the carrier, the risk of loss passes to the lessee

when the goods are there duly so tendered as to enable the lessee to

take delivery.

(b) If the goods are held by a bailee to be

delivered without being moved, the risk of loss passes to the lessee

on acknowledgment by the bailee of the lessee's right to possession

of the goods.

(c) In any case not within paragraph (a) or (b) of

this subsection, the risk of loss passes to the lessee on the

lessee's receipt of the goods if the lessor, or, in the case of a

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 248

finance lease, the supplier, is a merchant; otherwise the risk

passes to the lessee on tender of delivery.
Okla. Stat. tit. 12, § 12-611 — OK Code / Title 12 / Section 12-611
Findings of fact and conclusions of law
Status: in_force

Upon the trial of questions of fact by the court, it shall not

be necessary for the court to state its findings, except generally,

for the plaintiff or defendant, unless one of the parties request

it, with the view of excepting to the decision of the court upon the

questions of law involved in the trial; in which case the court

shall state, in writing, the findings of fact found, separately from

the conclusions of law.

R.L. 1910, § 5017. Amended by Laws 1990, c. 251, § 9, eff. Jan. 1,

1991; Laws 1991, c. 251, § 4, eff. June 1, 1991.
Okla. Stat. tit. 12A, § 12A-1-201 — OK Code / Title 12A / Section 12A-1-201
General definitions and principles of interpretation
Status: in_force

General Definitions and Principles of Interpretation.

(a) Unless the context otherwise requires, words or phrases

defined in this section, or in the additional definitions contained

in other articles of the Uniform Commercial Code that apply to

particular articles or parts thereof, have the meanings stated.

(b) Subject to definitions contained in other articles of the

Uniform Commercial Code that apply to particular articles or parts

thereof:

(1) "Action" in the sense of a judicial proceeding includes a

recoupment, counterclaim, setoff, suit in equity, and any other

proceedings in which rights are determined.

(2) "Aggrieved party" means a party entitled to pursue a

remedy.

(3) "Agreement", as distinguished from "contract", means the

bargain of the parties in fact as found in their language or

inferred from other circumstances including course of performance,

course of dealing, or usage of trade as provided in Section 1-303 of

this title.

(4) "Bank" means a person engaged in the business of banking

and includes a savings bank, savings and loan association, credit

union, and trust company.

(5) "Bearer" means a person in control of a negotiable

electronic document of title or a person in possession of an

instrument, negotiable tangible document of title, or certificated

security payable to bearer or endorsed in blank.

(6) "Bill of lading" means a document of title evidencing the

receipt of goods for shipment issued by a person engaged in the

business of directly or indirectly transporting or forwarding goods.

The term does not include a warehouse receipt.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 174

(7) "Branch" includes a separately incorporated foreign branch

of a bank.

(8) "Burden of establishing" means the burden of persuading the

trier of fact that the existence of the fact is more probable than

its nonexistence.

(9) "Buyer in ordinary course of business" means a person that

buys goods in good faith, without knowledge that the sale violates

the rights of another person in the goods, and in the ordinary

course from a person, other than a pawnbroker, in the business of

selling goods of that kind. A person buys goods in the ordinary

course if the sale to the person comports with the usual or

customary practices in the kind of business in which the seller is

engaged or with the seller's own usual or customary practices. A

person that sells oil, gas, or other minerals at the wellhead or

minehead is a person in the business of selling goods of that kind.

A buyer in ordinary course of business may buy for cash, by exchange

of other property, or on secured or unsecured credit, and may

acquire goods or documents of title under a preexisting contract for

sale. Only a buyer that takes possession of the goods or has a

right to recover the goods from the seller under Article 2 may be a

buyer in ordinary course of business. "Buyer in ordinary course of

business" does not include a person that acquires goods in a

transfer in bulk or as security for or total or partial satisfaction

of a money debt.

(10) "Conspicuous", with reference to a term, means so written,

displayed, or presented that, based on the totality of the

circumstances, a reasonable person against whom it is to operate

ought to have noticed it. Whether a term is "conspicuous" or not is

a decision for the court.

(11) "Consumer" means an individual who enters into a

transaction primarily for personal, family, or household purposes.

(12) "Contract", as distinguished from "agreement", means the

total legal obligation that results from the parties' agreement as

determined by the provisions of the Uniform Commercial Code as

supplemented by any other applicable laws.

(13) "Creditor" includes a general creditor, a secured

creditor, a lien creditor, and any representative of creditors,

including an assignee for the benefit of creditors, a trustee in

bankruptcy, a receiver in equity, and an executor or administrator

of an insolvent debtor's or assignor's estate.

(14) "Defendant" includes a person in the position of defendant

in a counterclaim, cross-claim, or third-party claim.

(15) "Delivery", with respect to an electronic document of

title, means voluntary transfer of control and, with respect to an

instrument, a tangible document of title, or an authoritative

tangible copy of a record evidencing chattel paper, means voluntary

transfer of possession.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 175

(16) "Document of title" means a record that in the regular

course of business or financing is treated as adequately evidencing

that the person in possession or control of the record is entitled

to receive, control, hold, and dispose of the record and the goods

the record covers and that purports to be issued by or addressed to

a bailee and to cover goods in the bailee's possession which are

either identified or are fungible portions of an identified mass.

The term includes a bill of lading, transport document, dock

warrant, dock receipt, warehouse receipt, and order for delivery of

goods. An electronic document of title means a document of title

evidenced by a record consisting of information stored in an

electronic medium. A tangible document of title means a document of

title evidenced by a record consisting of information that is

inscribed on a tangible medium.

(16A) "Electronic" means relating to technology having

electrical, digital, magnetic, wireless, optical, electromagnetic,

or similar capabilities.

(17) "Fault" means a default, breach, or wrongful act or

omission.

(18) "Fungible goods" means:

(A) goods of which any unit, by nature or usage of trade,

is the equivalent of any other like unit; or

(B) goods that by agreement are treated as equivalent.

(19) "Genuine" means free of forgery or counterfeiting.

(20) "Good faith", except as otherwise provided in Article 5 of

this title, means honesty in fact and the observance of reasonable

commercial standards of fair dealing.

(21) "Holder" means:

(A) the person in possession of a negotiable instrument

that is payable either to bearer or to an identified

person that is the person in possession;

(B) the person in possession of a document of title if the

goods are deliverable either to bearer or to the order

of the person in possession; or

(C) the person in control, other than pursuant to

subsection (g) of Section 7-106 of this title, of a

negotiable electronic document of title.

(22) "Insolvency proceeding" includes any assignment for the

benefit of creditors or other proceeding intended to liquidate or

rehabilitate the estate of the person involved.

(23) "Insolvent" means:

(A) having generally ceased to pay debts in the ordinary

course of business other than as a result of bona fide

dispute;

(B) being unable to pay debts as they become due; or

(C) being insolvent within the meaning of the federal

bankruptcy law.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 176

(24) "Money" means a medium of exchange that is authorized or

adopted by a domestic or foreign government and is not in an

electronic form. The term includes a monetary unit of account

established by an intergovernmental organization or by agreement

between two or more countries.

(25) "Organization" means a person other than an individual.

(26) "Party", as distinguished from "third party", means a

person who has engaged in a transaction or made an agreement subject

to the Uniform Commercial Code.

(27) "Person" means an individual, corporation, business trust,

estate, trust, partnership, limited liability company, association,

joint venture, government, governmental subdivision, agency, or

instrumentality, or any other legal or commercial entity. The term

includes a protected series, however denominated, of an entity if

the protected series is established under law other than the Uniform

Commercial Code that limits, or limits if conditions specified under

the law are satisfied, the ability of a creditor of the entity or of

any other protected series of the entity to satisfy a claim from

assets of the protected series.

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

one or more sums payable in the future, discounted to the date

certain by use of either an interest rate specified by the parties

if that rate is not manifestly unreasonable at the time the

transaction is entered into or, if an interest rate is not so

specified, a commercially reasonable rate that takes into account

the facts and circumstances at the time the transaction is entered

into.

(29) "Purchase" means taking by sale, discount, negotiation,

mortgage, pledge, lien, security interest, issue or reissue, gift,

or any other voluntary transaction creating an interest in property.

(30) "Purchaser" means a person who takes by purchase.

(31) "Record" means information that is inscribed on a tangible

medium or that is stored in an electronic or other medium and is

retrievable in perceivable form.

(32) "Remedy" means any remedial right to which an aggrieved

party is entitled with or without resort to a tribunal.

(33) "Representative" means a person empowered to act for

another, including an agent, an officer of a corporation or

association, and a trustee, executor, or administrator of an estate.

(34) "Right" includes remedy.

(35) "Security interest" means an interest in personal property

or fixtures which secures payment or performance of an obligation.

"Security interest" includes any interest of a consignor and a buyer

of accounts, chattel paper, a payment intangible, or a promissory

note in a transaction that is subject to Article 9 of this title.

"Security interest" does not include the special property interest

of a buyer of goods on identification of those goods to a contract

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 177

for sale under Section 2-401 of this title, but a buyer may also

acquire a "security interest" by complying with the provisions of

Article 9 of this title. Except as otherwise provided in Section 2-

505 of this title, the right of a seller or lessor of goods under

Article 2 or 2A of this title to retain or acquire possession of the

goods is not a "security interest", but a seller or lessor may also

acquire a "security interest" by complying with Article 9 of this

title. The retention or reservation of title by a seller of goods

notwithstanding shipment or delivery to the buyer under Section 2-

401 of this title is limited in effect to a reservation of a

"security interest". Whether a transaction in the form of a lease

creates security interest is determined pursuant to Section 1-203 of

this title.

(36) "Send", in connection with a record or notification means:

(A) to deposit in the mail, deliver for transmission, or

transmit by any other usual means of communication,

with postage or cost of transmission provided for,

addressed to any address reasonable under the

circumstances; or

(B) to cause the record or notification to be received

within the time it would have been received if

properly sent under subparagraph (A) of this

paragraph.

(37) "Sign" means, with present intent to authenticate or adopt

a record:

(A) execute or adopt a tangible symbol; or

(B) attach to or logically associate with the record an

electronic symbol, sound, or process.

"Signed", "signing", and "signature" have corresponding meanings.

(38) "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.

(39) "Surety" includes guarantor or other secondary obligor.

(40) "Term" means a portion of an agreement which relates to a

particular matter.

(41) "Unauthorized signature" means a signature made without

actual, implied or apparent authority. The term includes a forgery.

(42) "Warehouse receipt" means a document of title issued by a

person engaged in the business of storing goods for hire.

(43) "Writing" includes printing, typewriting, or any other

intentional reduction to tangible form. "Written" has a

corresponding meaning.
Okla. Stat. tit. 12A, § 12A-3-401 — OK Code / Title 12A / Section 12A-3-401
Signature necessary for liability on instrument
Status: in_force

SIGNATURE NECESSARY FOR LIABILITY ON INSTRUMENT

A person is not liable on an instrument unless (i) the person

signed the instrument, or (ii) the person is represented by an agent

or representative who signed the instrument and the signature is

binding on the represented person under Section 3-402 of this title.
Okla. Stat. tit. 12, § 12-990.3 — OK Code / Title 12 / Section 12-990.3
Time for enforcement of judgments, decrees or final
Status: in_force

orders.

A. Where only the payment of money is awarded, no execution or

other proceeding shall be taken for the enforcement of the judgment,

decree or final order until ten (10) days after the judgment, decree

or order is filed with the court clerk. Asset hearing proceedings

shall not be stayed under this section.

B. Where relief other than the payment of money is awarded or

where relief in addition to the payment of money is awarded, the

enforcement of the judgment, decree or final order shall be stayed

until ten (10) days after the judgment, decree or order is filed

with the court clerk, but the court, in its discretion, may impose

any conditions on the parties that are necessary for the protection

of the property or interests that are the subject of the action,

including distribution of part or all of the property involved where

the court requires the filing of a superseded bond.

C. This section shall not apply in actions for divorce,

separate maintenance, annulment, post-decree matrimonial

proceedings, paternity, custody, adoption, termination of parental

Oklahoma Statutes - Title 12. Civil Procedure Page 185

rights, juvenile matters, probate proceedings, habeas corpus

proceedings, special executions in foreclosures, conservatorship or

guardianship proceedings, mental health, quiet title actions, and

partition proceedings or actions, involving temporary or permanent

injunctions, proceedings under the Small Claims Procedure Act, writs

of assistance in foreclosure, and other real property actions, post-

judgment replevin, and forcible entry and detainer proceedings. The

court, in its discretion, may impose any conditions that are

necessary to protect the interests of the parties in such actions.

D. It shall be the responsibility of the judgment creditor or

counsel for the judgment creditor to ensure that no execution or

other proceeding for enforcement of the judgment is sought or taken

within the ten-day stay.
Okla. Stat. tit. 12, § 12-1438 — OK Code / Title 12 / Section 12-1438
Costs and fees - Sanctions
Status: in_force

A. If the court orders dismissal of a legal action under the

Oklahoma Citizens Participation Act, the court shall award to the

moving party:

1. Court costs, reasonable attorney fees and other expenses

incurred in defending against the legal action as justice and equity

may require; and

2. Sanctions against the party who brought the legal action as

the court determines sufficient to deter the party who brought the

legal action from bringing similar actions described in the Oklahoma

Citizens Participation Act.

B. If the court finds that a motion to dismiss filed under the

Oklahoma Citizens Participation Act is frivolous or solely intended

to delay, the court may award court costs and reasonable attorney

fees to the responding party.
Okla. Stat. tit. 12, § 12-2611.12 — OK Code / Title 12 / Section 12-2611.12
Support person or therapeutic dog
Status: in_force

A. It is the intent of the Oklahoma Legislature in enacting

this section to recognize the special circumstances and needs of a

child witness during criminal court proceedings, and to protect the

child witness from any unnecessary emotional discomfort or anguish.

B. In any criminal proceeding, a child witness shall have the

right to be accompanied by a support person while giving testimony

in the proceeding, but the support person shall not discuss the

testimony of the child witness with any other witnesses or attempt

to prompt or influence the testimony of the child witness.

Oklahoma Statutes - Title 12. Civil Procedure Page 474

C. The child witness shall be afforded the opportunity, if

available, to have a certified therapeutic dog accompanied by the

handler of the certified therapeutic dog in lieu of a support

person.

D. As used in this section:

1. "Certified therapeutic dog" means a dog which has received

the requisite training or certification from the American Kennel

Club, Alliance of Therapy Dogs, or an equivalent organization to

perform the duties associated with therapy dogs in places such as

hospitals, nursing homes, and other facilities where the emotional

benefits of therapy dogs are recognized. Prior to the use of a

certified therapeutic dog the court shall conduct a hearing to

verify:

a. the credentials of the certified therapeutic dog,

b. the certified therapeutic dog is appropriately

insured, and

c. a relationship has been established between the child

witness and the certified therapeutic dog in

anticipation of testimony;

2. "Child witness" means a child as defined by Section 1-1-105

of Title 10A of the Oklahoma Statutes who has been or will be called

to testify in a criminal proceeding; and

3. "Support person" means a parent, other relative or a next

friend chosen by the witness to accompany the witness to criminal

proceedings.
Okla. Stat. tit. 12, § 12-2802 — OK Code / Title 12 / Section 12-2802
Hearsay rule
Status: in_force

Hearsay is not admissible except as otherwise provided by an act

of the Legislature.
Okla. Stat. tit. 12, § 12-1192 — OK Code / Title 12 / Section 12-1192
Garnishment of money due from state, county or
Status: in_force

municipality - Exceptions.

That it shall be lawful for any creditor of any person, firm or

corporation in this state, to whom the state or any county, city,

town, school board, board of education or any municipal subdivision

of the state is indebted, to cause a garnishment to issue to, and to

garnishee sums, wages or other sums due such creditor of the state

or such municipality to the same extent and in like manner as if

such creditor of the state or such municipality was a creditor of a

private individual, firm or corporation; provided, however, that

such officer or employee of said state, county or municipality shall

be entitled to the exemptions as to amount of such wages, salary,

fund or compensation due thereto, as is exempt from attachment,

execution or garnishment in favor of officers or employees of

private individuals or corporations.
Okla. Stat. tit. 12, § 12-1148.5 — OK Code / Title 12 / Section 12-1148.5
Service of summons
Status: in_force

The summons may be served as in other cases except that such

service shall be at least three (3) days before the day of trial,

and the return day shall not be later than the day of trial, and it

may also be served by leaving a copy thereof with some person over

fifteen (15) years of age, residing on the premises, at least three

(3) days before the day of trial; or, if service cannot be made by

the exercise of reasonable diligence on the tenant or on any person

over the age of fifteen (15) years residing on the premises, the

same may be served by certified mail with return receipt postmarked

at least three (3) days before the date of trial.
Okla. Stat. tit. 12, § 12-1483 — OK Code / Title 12 / Section 12-1483
Appraisement or trial - New trial
Status: in_force

The court rendering judgment in any case provided for by this

article against an occupying claimant, shall, at the request of such

occupying claimant, for the benefit of the provisions of this

article, cause an entry to be made upon the journal of such request,

and shall at once set a day for the trial of the right of such

occupying claimant to compensation for all lasting, valuable and

permanent improvements made by such occupying claimant, or those

under whom he claims upon the premises, prior to the issuing of

summons in the cause; and at such trial each party shall produce his

evidence relating to such improvements, and the court shall make

specific findings of fact on all matters relating to the right of

such occupying claimant to compensation for such improvements, and

shall find specifically whether such improvements were made in good

faith and under color of title and whether the occupying claimant is

entitled to the benefit of this article, which findings shall be

entered at length upon the journal, and if the court shall find that

the occupying claimant is entitled to compensation for such

improvements, it shall at once appoint three disinterested

freeholders of the county who shall have the qualifications of

jurors in the cause, to assess the actual value of the improvements

on the date of the assessment, of which appointment and the date of

assessment all parties to the action shall have five (5) days actual

notice. Said appraisers shall also assess the rental value of the

premises from the date of the summons to the date of the

appraisement; also the actual value of the land without the

improvements; which assessments shall be made upon actual view of

the premises, and said appraisers shall reduce their appraisement to

writing and return the same to the court or clerk thereof forthwith;

and upon such report the court shall render judgment in accordance

therewith: Provided, that if either party shall at any time before

the return and filing of the report of the appraisers, demand a

trial by jury, the court shall at once discharge the appraisers and

impanel a jury to find the facts and make the assessment of value

which the appraisers were to make, which trial shall be had in open

court and upon proofs to be adduced by the parties, and the trial

shall be conducted in all respects as other jury trials, and the

court may, in its discretion, send the jury to take an actual view

of the premises. The said jury shall return their findings of value

into court and the court shall then enter judgment in accordance

with such findings: Provided, that if either party deem himself

aggrieved by such assessment of values or findings of the court, he

may, upon motion and proper showing, obtain a new trial as in other

cases under the Code of Civil Procedure of this state.

R.L. 1910, § 4935.

Oklahoma Statutes - Title 12. Civil Procedure Page 301
Okla. Stat. tit. 12A, § 12A-7-602 — OK Code / Title 12A / Section 12A-7-602
Judicial process against goods covered by negotiable
Status: in_force

document of title.

Judicial Process Against Goods Covered by Negotiable Document of

Title.

Unless a document of title was originally issued upon delivery

of the goods by a person that did not have power to dispose of them,

a lien does not attach by virtue of any judicial process to goods in

the possession of a bailee for which a negotiable document of title

is outstanding unless possession or control of the document is first

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 419

surrendered to the bailee or the document’s negotiation enjoined.

The bailee may not be compelled to deliver the goods pursuant to

process until possession or control of the document is surrendered

to the bailee or to the court. A purchaser of the document for

value without notice of the process or injunction takes free of the

lien imposed by judicial process.
Okla. Stat. tit. 12, § 12-729.4 — OK Code / Title 12 / Section 12-729.4
Variation of act by agreement of parties
Status: in_force

A. The effect of this act may be varied by agreement of the

parties made before or after commencement of an action or

distribution proceeding or the entry of judgment.

B. Parties to a transaction may agree upon the money to be used

in a transaction giving rise to a foreign-money claim and may agree

to use different moneys for different aspects of the transaction.

Stating the price in a foreign money for one aspect of a transaction

does not alone require the use of that money for other aspects of

the transaction.
Okla. Stat. tit. 12A, § 12A-9-307.7 — OK Code / Title 12A / Section 12A-9-307.7
Renumbered as § 1-9-320.7 of this title by Laws 2000,
Status: in_force

c. 371, § 183, eff. July 1, 2001.
Okla. Stat. tit. 12, § 12-1235 — OK Code / Title 12 / Section 12-1235
Judgment for plaintiff - How satisfied - Surplus
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 266

If judgment be rendered for the plaintiff, it shall be satisfied

as follows: So much of the property remaining in the hands of the

officer, after applying the monies arising from the sale of

perishable property, and so much of the personal property and lands

and tenements, if any, whether held by legal or equitable title, as

may be necessary to satisfy the judgment, shall be sold by order of

the court, under the same restrictions and regulations as if the

same had been levied on by execution; and the money arising

therefrom, with the amount which may be recovered from the

garnishee, shall be applied to satisfy the judgment and costs. If

there be not enough to satisfy the same, the judgment shall stand,

and execution may issue thereon for the residue, in all respects as

in other cases. Any surplus of the attached property or its

proceeds shall be returned to the defendant.

R.L. 1910, § 4856.
Okla. Stat. tit. 12, § 12-729.6 — OK Code / Title 12 / Section 12-729.6
Determining amount to be paid in foreign money
Status: in_force

A. If an amount contracted to be paid in a foreign money is

measured by a specified amount of a different money, the amount to

be paid is determined on the conversion date.

B. If an amount contracted to be paid in a foreign money is to

be measured by a different money at the rate of exchange prevailing

on a date before default, that rate of exchange applies only to

payments made within a reasonable time after default, not exceeding

thirty (30) days. Thereafter, conversion is made at the bank-

offered spot rate on the conversion date.

C. A monetary claim is neither usurious nor unconscionable

because the agreement on which it is based provides that the amount

Oklahoma Statutes - Title 12. Civil Procedure Page 141

of the debtor's obligation to be paid in the debtor's money, when

received by the creditor, must equal a specified amount of the

foreign money of the country of the creditor. If, because of

unexcused delay in payment of a judgment or award, the amount

received by the creditor does not equal the amount of the foreign

money specified in the agreement, the court or arbitrator shall

amend the judgment or award accordingly.
Okla. Stat. tit. 12, § 12-1351 — OK Code / Title 12 / Section 12-1351
Temporary orders - Change of custody
Status: in_force

The court or judge may make any temporary orders in the cause or

disposition of the party during the progress of the proceedings,

that justice may require. The custody of any party restrained may

Oklahoma Statutes - Title 12. Civil Procedure Page 275

be changed from one person to another, by order of the court or

judge.

R.L. 1910, § 4902.
Okla. Stat. tit. 12, § 12-724 — OK Code / Title 12 / Section 12-724
Fees
Status: in_force

Any person filing a foreign judgment shall pay to the court

clerk those fees now and hereafter prescribed by statute for the

filing of an action in the court in which such judgment is filed.

Fees for docketing, transcription, or other enforcement proceedings

shall be the same as provided for judgments of the district courts

of this state.
Okla. Stat. tit. 12A, § 12A-1-9-311 — OK Code / Title 12A / Section 12A-1-9-311
Perfection of security interests in property subject
Status: in_force

to certain statutes, regulations, and treaties.

PERFECTION OF SECURITY INTERESTS IN PROPERTY

SUBJECT TO CERTAIN STATUTES, REGULATIONS, AND TREATIES

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

section, the filing of a financing statement is not necessary or

effective to perfect a security interest in property subject to:

(1) a statute, regulation, or treaty of the United States whose

requirements for a security interest's obtaining priority over the

rights of a lien creditor with respect to the property preempt

subsection (a) of Section 1-9-310 of this title;

(2) another statute of this state that provides for central

filing of, or that requires indication on or delivery for indication

on a certificate of title of, any security interest in the property

as a condition or result of perfection, including, but not limited

to, Section 1110 of Title 47 and Section 4013 of Title 63 of the

Oklahoma Statutes;

(3) a statute of another jurisdiction which provides for a

security interest to be indicated on a certificate of title as a

condition or result of the security interest's obtaining priority

over the rights of a lien creditor with respect to the property; or

(4) the law or procedure of a federally recognized Indian

tribe, if the security interest is in a vehicle registered or to be

registered by the federally recognized Indian tribe and if within

thirty (30) days after the security interest attaches, it is noted

on the face of a certificate of title issued by the Indian tribe or,

notwithstanding subsection G of Section 1110 of Title 47 of the

Oklahoma Statutes, the security interest is otherwise perfected

under an applicable law or procedure of that tribe.

(b) Compliance with the requirements of a statute, regulation,

or treaty described in subsection (a) of this section for obtaining

priority over the rights of a lien creditor is equivalent to the

filing of a financing statement under this article. Except as

otherwise provided in subsection (d) of this section and Section 1-

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 61

9-313 and subsections (d) and (e) of Section 1-9-316 of this title

for goods covered by a certificate of title, a security interest in

property subject to a statute, regulation, or treaty described in

subsection (a) of this section may be perfected only by compliance

with those requirements, and a security interest so perfected

remains perfected notwithstanding a change in the use or transfer of

possession of the collateral.

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

section and subsections (d) and (e) of Section 1-9-316 of this

title, duration and renewal of perfection of a security interest

perfected by compliance with the requirements prescribed by a

statute, regulation, or treaty described in subsection (a) of this

section are governed by the statute, regulation, or treaty. In

other respects, the security interest is subject to this article.

(d) During any period in which collateral, described in Section

1110 of Title 47 and Section 4013 of Title 63 of the Oklahoma

Statutes, is inventory held for sale or lease by a person or leased

by that person as lessor and that person is in the business of

selling goods of that kind, this section does not apply to a

security interest in that collateral created by that person as

debtor.
Okla. Stat. tit. 12A, § 12A-1-9-327 — OK Code / Title 12A / Section 12A-1-9-327
Priority of security interests in deposit account
Status: in_force

PRIORITY OF SECURITY INTERESTS IN DEPOSIT ACCOUNT

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 87

The following rules govern priority among conflicting security

interests in the same deposit account:

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

of the deposit account under Section 1-9-104 of this title has

priority over a conflicting security interest held by a secured

party that does not have control.

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

this section, security interests perfected by control under Section

1-9-314 of this title rank according to priority in time of

obtaining control.

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

section, a security interest held by the bank with which the deposit

account is maintained has priority over a conflicting security

interest held by another secured party.

(4) A security interest perfected by control under paragraph

(3) of subsection (a) of Section 1-9-104 of this title has priority

over a security interest held by the bank with which the deposit

account is maintained.
Okla. Stat. tit. 12, § 12-2022 — OK Code / Title 12 / Section 12-2022
Interpleader
Status: in_force

INTERPLEADER

A. Persons having claims against the plaintiff may be joined as

defendants and required to interplead when their claims are such

that the plaintiff is or may be exposed to double or multiple

liability. It is not ground for objection to the joinder that the

claims of the several claimants or the titles on which their claims

depend do not have a common origin or are not identical but are

adverse to and independent of one another, or that the plaintiff

avers that he is not liable in whole or in part to any or all of the

claimants. A defendant exposed to similar liability may obtain such

interpleader by way of cross-claim or counterclaim. The provisions

of this section supplement and do not in any way limit the joinder

of parties permitted in Section 20 of this act.

B. The provisions of this section shall be applicable to

actions brought against a sheriff or other officer for the recovery

of personal property taken by him under execution or for the

Oklahoma Statutes - Title 12. Civil Procedure Page 419

proceeds of such property so taken and sold by him; and the

defendant in any such action shall be entitled to the benefit of

this section against the party in whose favor the execution issued.

C. The court may make an order for the safekeeping of the

subject of the action or for its payment or delivery into the court

or to such person as the court may direct, and the court may order

the person who is seeking relief by way of interpleader to give a

bond, payable to the clerk of the court, in such amount and with

such surety as the court or judge may deem proper, conditioned upon

the compliance with the future order or judgment of the court with

respect to the subject matter of the controversy. Where the party

seeking relief by way of interpleader claims no interest in the

subject of the action and the subject of the action has been

deposited with the court or with a person designated by the court,

the court should discharge him from the action and from liability as

to the claims of the other parties to the action with costs and, in

the discretion of the court, a reasonable attorney fee.

D. In cases of interpleader, costs may be adjudged for or

against any party, except as provided in subsection C of this

section.
Okla. Stat. tit. 12, § 12-54 — OK Code / Title 12 / Section 12-54
Must execute and return process - Execution by county clerk
Status: in_force

when sheriff disqualified.

He shall execute every summons, order or other process, and

return the same as required by law; and if he fail to do so, unless

he make it appear to the satisfaction of the court that he was

prevented by inevitable accident from so doing, he shall be amerced

by the court in a sum not exceeding One Thousand Dollars

($1,000.00), upon motion and ten (10) days' notice, and shall be

liable to the action of any person aggrieved by such failure.

Provided that whenever any party, his agent or attorney, shall make

and file with the clerk of the proper court an affidavit, stating

that he believes that the sheriff of said county will not, by reason

of either partiality, prejudice, consanguinity or interest,

faithfully perform his duties in any suit commenced in said court,

the clerk shall direct the original, or other process, in such suit

to the county clerk who shall execute the same in like manner as the

sheriff might or ought to have done, and who shall be subject to the

same penalties as the sheriff if he fail to do so, unless he make it

appear that he was prevented by inevitable accident from so doing,

and the county clerk shall perform all of the other duties of the

sheriff when the sheriff shall be a party to the case, or is

disqualified.

R.L. 1910, § 5337. Amended by Laws 1953, p. 47, § 1.
Okla. Stat. tit. 12, § 12-572 — OK Code / Title 12 / Section 12-572
Causes for challenging jurors
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 93

If there shall be impaneled, for the trial of any cause, any

petit juror, who shall have been convicted of any crime which by law

renders him disqualified to serve on a jury; or who has been

arbitrator on either side, relating to the same controversy; or who

has an interest in the cause; or who has an action pending between

him and either party; or who has formerly been a juror in the same

cause; or who is the employer, employee, counselor, agent, steward

or attorney of either party; or who is subpoenaed as a witness; or

who is of kin to either party; or any person who shall have served

once already on a jury, as a talesman on the trial of any cause, in

the same court during the term, he may be challenged for such

causes; in either of which cases the same shall be considered as a

principal challenge, and the validity thereof be tried by the court;

and any petit juror who shall be returned upon the trial of any of

the causes hereinbefore specified, against whom no principal cause

of challenge can be alleged, may, nevertheless, be challenged on

suspicion of prejudice against, or partiality for either party, or

for want of competent knowledge of the English language, or any

other cause that may render him, at the time, an unsuitable juror;

but a resident and taxpayer of the state or any municipality therein

shall not be thereby disqualified in actions in which such

municipality is a party. The validity of all challenges shall be

determined by the court.

R.L. 1910, § 4997.
Okla. Stat. tit. 12, § 12-577.3 — OK Code / Title 12 / Section 12-577.3
Appropriations
Status: in_force

The Supreme Court of Oklahoma and the Court of Criminal Appeals

are authorized and requested to include in their respective budget

requests, a reasonable appropriation for personal services and

expenses to effectively carry out this project.
Okla. Stat. tit. 12, § 12-765 — OK Code / Title 12 / Section 12-765
Confirmation of sale - Objections
Status: in_force

A. Upon the return of any writ of execution for the

satisfaction of which any lands or tenements have been sold, the

party causing the execution to be issued shall:

1. Cause a written notice of hearing on the confirmation of the

sale to be mailed, by first-class mail, postage prepaid, to all

persons to whom mailing of the notice of the execution of sale was

required to be made pursuant to Section 764 of this title and to the

high bidder at such sale, at least ten (10) days before the hearing

on the confirmation of the sale, and if the name or address of any

such person is unknown, shall cause a notice of the hearing on the

confirmation of the sale to be published in a newspaper authorized

by law to publish legal notices in the county in which the property

is situated. If no newspaper authorized by law to publish legal

notices is published in such county, the notice shall be published

in some such newspaper of general circulation which is published in

an adjoining county. The notice shall state the name of any person

being so notified and shall be published once at least ten (10) days

prior to the date of the hearing on the confirmation of the sale;

and

2. Files in the case an affidavit of proof of mailing, and if

required, of publication.

B. Any person filing a written objection to the confirmation of

the sale shall cause a copy of such written objection to be mailed,

prior to the hearing on the confirmation of the sale, by first-class

mail, postage prepaid, to all persons to whom mailing of the notice

of the hearing on the confirmation of the sale was required to be

made pursuant to this section. The court may continue the hearing

or make such other orders as are necessary to allow the interested

persons to adequately support or oppose any such objections to the

confirmation of the sale. If the court, after having carefully

examined the proceedings of the officer, is satisfied that the sale

has, in all respects, been made in conformity with the provisions of

this section, the court shall direct the clerk to make an entry on

the journal that the court is satisfied of the legality of such sale

and shall order that the officer make to the purchaser a deed for

such lands and tenements; and the officer, on making such sale,

Oklahoma Statutes - Title 12. Civil Procedure Page 154

shall deposit the purchase money with the clerk of the court from

which the writ of execution issued, where same shall remain until

the court shall have examined his or her proceedings, when the clerk

of the court shall pay the same to the person entitled thereto,

agreeable to the order of the court. No buyer's premium shall be

charged to a buyer on any sale.

R.L. 1910, § 5167. Amended by Laws 1959, p. 80, § 1; Laws 1986, c.

227, § 4, eff. Nov. 1, 1986; Laws 1987, c. 189, § 3, operative Nov.

1, 1987; Laws 2022, c. 326, § 2, emerg. eff. May 25, 2022; Laws

2025, c. 413, § 3, emerg. eff. May 28, 2025.
Okla. Stat. tit. 12, § 12-1874 — OK Code / Title 12 / Section 12-1874
Application to vacate an award
Status: in_force

A. Upon an application and motion to the court by a party to an

arbitration proceeding, the court shall vacate an award made in the

arbitration proceeding if:

1. The award was procured by corruption, fraud, or other undue

means;

2. There was:

a. evident partiality by an arbitrator appointed as a

neutral arbitrator,

b. corruption by an arbitrator, or

c. misconduct by an arbitrator prejudicing the rights of

a party to the arbitration proceeding;

3. An arbitrator refused to postpone the hearing upon showing

of sufficient cause for postponement, refused to consider evidence

material to the controversy, or otherwise conducted the hearing

contrary to Section 6 of this act, so as to prejudice substantially

the rights of a party to the arbitration proceeding;

4. An arbitrator exceeded the arbitrator’s powers;

5. There was no agreement to arbitrate, unless the person

participated in the arbitration proceeding without raising the

objection under subsection C of Section 16 of this act not later

than the beginning of the arbitration hearing; or

6. The arbitration was conducted without proper notice of the

initiation of an arbitration as required in Section 10 of this act

so as to prejudice substantially the rights of a party to the

arbitration proceeding.

B. An application and motion under this section must be filed

within ninety (90) days after the movant receives notice of the

award pursuant to Section 20 of this act or within ninety (90) days

after the movant receives notice of a modified or corrected award

pursuant to Section 21 of this act, unless the movant alleges that

the award was procured by corruption, fraud, or other undue means,

in which case the motion must be made within ninety (90) days after

the ground is known or by the exercise of reasonable care would have

been known by the movant.

C. If the court vacates an award on a ground other than that

set forth in paragraph 5 of subsection A of this section, it may

order a rehearing. If the award is vacated on a ground stated in

paragraph 1 or 2 of subsection A of this section, the rehearing must

be before a new arbitrator. If the award is vacated on a ground

stated in paragraph 3, 4 or 6 of subsection A of this subsection,

the rehearing may be before the arbitrator who made the award or the

arbitrator’s successor. The arbitrator must render the decision in

the rehearing within the same time as that provided in subsection B

of Section 20 of this act for an award.

Oklahoma Statutes - Title 12. Civil Procedure Page 368

D. If the court denies a motion to vacate an award, it shall

confirm the award unless a motion to modify or correct the award is

pending.
Okla. Stat. tit. 12A, § 12A-2-203 — OK Code / Title 12A / Section 12A-2-203
Seals Inoperative
Status: in_force

The affixing of a seal to a record evidencing a contract for

sale or an offer to buy or sell goods does not constitute the record

a sealed instrument and the law with respect to sealed instruments

does not apply to such a contract or offer.
Okla. Stat. tit. 12A, § 12A-1-9-342 — OK Code / Title 12A / Section 12A-1-9-342
Bank’s right to refuse to enter into or disclose
Status: in_force

existence of control agreement.

BANK’S RIGHT TO REFUSE TO ENTER INTO

OR DISCLOSE EXISTENCE OF CONTROL AGREEMENT

This article does not require a bank to enter into an agreement

of the kind described in paragraph (2) of subsection (a) of Section

1-9-104 of this title, even if its customer so requests or directs.

A bank that has entered into such an agreement is not required to

confirm the existence of the agreement to another person unless

requested to do so by its customer.
Okla. Stat. tit. 12A, § 12A-4A-103 — OK Code / Title 12A / Section 12A-4A-103
Payment order - Definitions
Status: in_force

PAYMENT ORDER - DEFINITIONS

(a) In this article:

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 354

(1) "Payment order" means an instruction of a sender to a

receiving bank, transmitted orally or in a record, to pay, or to

cause another bank to pay, a fixed or determinable amount of money

to a beneficiary if:

(i) the instruction does not state a condition to payment

to the beneficiary other than time of payment,

(ii) the receiving bank is to be reimbursed by debiting an

account of, or otherwise receiving payment from, the

sender, and

(iii) the instruction is transmitted by the sender directly

to the receiving bank or to an agent, funds-transfer

system, or communication system for transmittal to the

receiving bank.

(2) "Beneficiary" means the person to be paid by the

beneficiary's bank.

(3) "Beneficiary's bank" means the bank identified in a payment

order in which an account of the beneficiary is to be credited

pursuant to the order or which otherwise is to make payment to the

beneficiary if the order does not provide for payment to an account.

(4) "Receiving bank" means the bank to which the sender's

instruction is addressed.

(5) "Sender" means the person giving the instruction to the

receiving bank.

(b) If an instruction complying with paragraph (1) of

subsection (a) is to make more than one payment to a beneficiary,

the instruction is a separate payment order with respect to each

payment.

(c) A payment order is issued when it is sent to the receiving

bank.
Okla. Stat. tit. 12A, § 12A-1-9-312 — OK Code / Title 12A / Section 12A-1-9-312
Perfection of security interests in chattel paper, controllable accounts, controllable
Status: in_force

electronic records, controllable payment intangibles, deposit accounts, documents, goods covered

by documents, instruments, investment property, letter-of-credit rights, and money; perfection bycontrollable accounts, controllable electronic records, controllable

payment intangibles, deposit accounts, documents, goods covered by

documents, instruments, investment property, letter-of-credit

rights, and money; perfection by permissive filing; temporary

perfection without filing or transfer of possession.

PERFECTION OF SECURITY INTERESTS IN CHATTEL PAPER, CONTROLLABLE

ACCOUNTS, CONTROLLABLE ELECTRONIC RECORDS, CONTROLLABLE PAYMENT

INTANGIBLES, DEPOSIT ACCOUNTS, DOCUMENTS, GOODS COVERED BY

DOCUMENTS, INSTRUMENTS, INVESTMENT PROPERTY, LETTER-OF-CREDIT

RIGHTS, AND MONEY; PERFECTION BY PERMISSIVE FILING; TEMPORARY

PERFECTION WITHOUT FILING OR TRANSFER OF POSSESSION

(a) A security interest in chattel paper, controllable

accounts, controllable electronic records, controllable payment

intangibles, instruments, investment property, or negotiable

documents may be perfected by filing.

(b) Except as otherwise provided in subsections (c) and (d) of

Section 1-9-315 of this title for proceeds:

(1) a security interest in a deposit account may be perfected

only by control under Section 1-9-314 of this title;

(2) and except as otherwise provided in subsection (d) of

Section 1-9-308 of this title, a security interest in a letter-of-

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 62

credit right may be perfected only by control under Section 1-9-314

of this title; and

(3) a security interest in money may be perfected only by the

secured party's taking possession under Section 1-9-313 of this

title.

(c) While goods are in the possession of a bailee that has

issued a negotiable document covering the goods:

(1) a security interest in the goods may be perfected by

perfecting a security interest in the document; and

(2) a security interest perfected in the document has priority

over any security interest that becomes perfected in the goods by

another method during that time.

(d) While goods are in the possession of a bailee that has

issued a nonnegotiable document covering the goods, a security

interest in the goods may be perfected by:

(1) issuance of a document in the name of the secured party;

(2) the bailee's receipt of notification of the secured party's

interest; or

(3) filing as to the goods.

(e) A security interest in certificated securities, negotiable

documents, or instruments is perfected without filing or the taking

of possession or control for a period of twenty (20) days from the

time it attaches to the extent that it arises for new value given

under a signed security agreement.

(f) A perfected security interest in a negotiable document or

goods in possession of a bailee, other than one that has issued a

negotiable document for the goods, remains perfected for twenty (20)

days without filing if the secured party makes available to the

debtor the goods or documents representing the goods for the purpose

of:

(1) ultimate sale or exchange; or

(2) loading, unloading, storing, shipping, transshipping,

manufacturing, processing, or otherwise dealing with them in a

manner preliminary to their sale or exchange.

(g) A perfected security interest in a certificated security or

instrument remains perfected for twenty (20) days without filing if

the secured party delivers the security certificate or instrument to

the debtor for the purpose of:

(1) ultimate sale or exchange; or

(2) presentation, collection, enforcement, renewal, or

registration of transfer.

(h) After the twenty-day period specified in subsection (e),

(f), or (g) of this section expires, perfection depends upon

compliance with this article.
Okla. Stat. tit. 12A, § 12A-1-9-524 — OK Code / Title 12A / Section 12A-1-9-524
Delay by filing office
Status: in_force

DELAY BY FILING OFFICE

Delay by the filing office beyond a time limit prescribed by

this part is excused if:

(1) the delay is caused by interruption of communication or

computer facilities, war, emergency conditions, failure of

equipment, or other circumstances beyond control of the filing

office; and

(2) the filing office exercises reasonable diligence under the

circumstances.
Okla. Stat. tit. 12A, § 12A-7-306 — OK Code / Title 12A / Section 12A-7-306
Altered Bills of Lading
Status: in_force

An unauthorized alteration or filling in of a blank in a bill of

lading leaves the bill enforceable according to its original tenor.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 410
Okla. Stat. tit. 12, § 12-1840 — OK Code / Title 12 / Section 12-1840
Parties – Selection and compensation of mediators
Status: in_force

Nothing in the Choice in Mediation Act shall limit the ability

of parties to a dispute to select and, if appropriate, compensate a

mediator of their choice, whether or not that mediator is certified

under the Dispute Resolution Act or qualified under the District

Court Mediation Act; nor shall anything in the Choice in Mediation

Act prohibit any person from acting as a mediator of a dispute when

so requested by the parties to the dispute.
Okla. Stat. tit. 12, § 12-1833 — OK Code / Title 12 / Section 12-1833
Options to operating a mediation program or referring
Status: in_force

matters exclusively to mediators or programs qualified under the

Dispute Resolution Act.

Nothing in the Choice in Mediation Act shall require any such

county, municipality, accredited law school, school district, board,

commission, department, or agency of this state or its political

subdivisions to operate a mediation program under the auspices of

the Dispute Resolution Act or to refer matters for mediation

exclusively to mediators or programs qualified under the Dispute

Resolution Act. Instead, any such entity may elect to do one or

more of the following:

1. Utilize mediators certified under the Dispute Resolution Act

or qualified under the District Court Mediation Act;

2. Specify required training in addition to that required for

certification under the Dispute Resolution Act or qualification

under the District Court Mediation Act in order to receive referrals

or disputes for mediation;

3. Maintain a list of qualified mediators to whom it may refer

disputes for mediation;

4. Contract with the Administrative Office of the Courts to

provide training for a fee for mediators to whom it may refer

disputes for mediation;

5. Refer disputes to a center under the Dispute Resolution Act

to be mediated under the rules and procedures applicable to such

center;

6. Elect to be treated as a center for all purposes under the

Dispute Resolution Act and make appropriate application pursuant to

the Dispute Resolution Act;

7. Contract with another public agency providing mediation

services under the Choice in Mediation Act or with a private

individual, company, or organization, whether for-profit or not-for-

Oklahoma Statutes - Title 12. Civil Procedure Page 354

profit, to provide mediators or mediation training or both, so long

as the contracting entity requires certification of mediators under

the Dispute Resolution Act, or qualification of mediators under the

District Court Mediation Act, if applicable; or

8. Utilize a mediator of the parties’ choice.
Okla. Stat. tit. 12, § 12-1194 — OK Code / Title 12 / Section 12-1194
State or political subdivisions as garnishee - Judgments
Status: in_force

No judgment shall be rendered against the state, or any county,

city, town, board of education, school board or any municipal

subdivision of the state named as garnishee, but judgment may be

rendered against any person served pursuant to Section 1193 of this

title, who shall willfully fail, neglect or refuse to answer

garnishment summons; provided, no person employed by the state or

any county, city, town, board of education, school board, or any

municipal subdivision of the state shall be held personally liable

unless the failure, neglect, or refusal to answer is willful.
Okla. Stat. tit. 12, § 12-1174 — OK Code / Title 12 / Section 12-1174
Notice to defendant of garnishment proceedings
Status: in_force

A. In all cases of garnishment before judgment, the defendant

in the principal action shall be given notice of the issuance in

said action of any garnishee summons, the date of issuance of said

summons, and the name of the garnishee.

B. In all cases of garnishment for the collection of child

support, the defendant shall be given notice as required by this

section.

C. In all cases of postjudgment garnishment, the court clerk

shall attach notice, in a form prescribed by the Oklahoma Bar

Association, with the garnishment, in the manner provided by Section

1172.2 of this title that the defendant may be entitled to claim an

exemption for any assistance received pursuant to the terms of the

Federal or Oklahoma Social Security Act and other exemptions that

may be available to the defendant, and that any such claim should be

filed with the court clerk within five (5) days from receipt of

notice in a form prescribed by the Oklahoma Bar Association,

Oklahoma Statutes - Title 12. Civil Procedure Page 250

requesting a hearing as to the status of any assets which the

defendant asserts are exempt. Any proceeding to claim an exemption

initiated subsequent to five (5) days after receipt of notice shall

be by motion unless otherwise agreed by the parties.

D. The Administrative Office of the Courts shall provide public

access to both the notice and claim for exemption by providing links

to the forms on the Oklahoma State Courts Network (OSCN) website.

E. Said notification may be accomplished by:

1. Serving a copy of the garnishee summons on the defendant or

on his or her attorney of record in the manner provided for the

service of summons; or

2. Sending the notice or a copy of the garnishee summons to the

defendant or his or her attorney of record by registered or

certified mail with return receipt requested, which receipt shall be

filed in the action; or

3. Attaching the notice on the summons issued in the principal

action prior to its service; or

4. Including the notice in the publication notice when service

in the principal action is by publication; or

5. Publication one time in a newspaper of general circulation

in the county in which the action is filed at least five (5) days

prior to the date on which the garnishee's answer is due if the

defendant is a nonresident or if the defendant's whereabouts are

unknown to plaintiff.
Okla. Stat. tit. 12A, § 12A-2A-212 — OK Code / Title 12A / Section 12A-2A-212
Implied warranty of merchantability
Status: in_force

IMPLIED WARRANTY OF MERCHANTABILITY

(1) Except in a finance lease, a warranty that the goods will

be merchantable is implied in a lease contract if the lessor is a

merchant with respect to goods of that kind.

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

(a) pass without objection in the trade under the

description in the lease agreement;

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

average quality within the description;

(c) are fit for the ordinary purposes for which

goods of that type are used;

(d) run, within the variation permitted by the lease

agreement, of even kind, quality, and quantity within each unit and

among all units involved;

(e) are adequately contained, packaged, and labeled

as the lease agreement may require; and

(f) conform to any promises or affirmations of fact

made on the container or label.

(3) Other implied warranties may arise from course of dealing

or usage of trade.
Okla. Stat. tit. 12, § 12-393 — OK Code / Title 12 / Section 12-393
Attachment of witness for nonattendance
Status: in_force

When a witness fails to attend in obedience to a subpoena

(except in case of a demand and failure to pay his fees), the court

or officer before whom his attendance is required may issue an

attachment to the sheriff, coroner or constable of the county,

commanding him to arrest and bring the person therein named before

the court or officer, at a time and place to be fixed in the

attachment, to give his testimony and answer for the contempt. If

the attachment be not for immediately bringing the witness before

the court or officer, a sum may be fixed in which the witness may

give an undertaking, with surety, for his appearance; such sum shall

be endorsed on the back of the attachment; and if no sum is so fixed

and endorsed, it shall be One Hundred Dollars ($100.00). If the

witness be not personally served, the court may, by a rule, order

him to show cause why an attachment should not issue against him.

R.L. 1910, § 5058.
Okla. Stat. tit. 12A, § 12A-2A-211 — OK Code / Title 12A / Section 12A-2A-211
Warranties against interference and against infringement; lessee's obligation against
Status: in_force

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 7infringement; lessee's obligation against infringement.

WARRANTIES AGAINST INTERFERENCE AND AGAINST

INFRINGEMENT; LESSEE'S OBLIGATION AGAINST

INFRINGEMENT

(1) There is in a lease contract a warranty that for the lease

term no person holds a claim to or interest in the goods that arose

from an act or omission of the lessor, other than a claim by way of

infringement or the like, which will interfere with the lessee's

enjoyment of its leasehold interest.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 244

(2) Except in a finance lease there is in a lease contract by a

lessor who is a merchant regularly dealing in goods of the kind a

warranty that the goods are delivered free of the rightful claim of

any person by way of infringement or the like.

(3) A lessee who furnishes specifications to a lessor or a

supplier shall hold the lessor and the supplier harmless against any

claim by way of infringement or the like that arises out of

compliance with the specifications.
Okla. Stat. tit. 12, § 12-1349 — OK Code / Title 12 / Section 12-1349
Arrest of party causing restraint
Status: in_force

The court or judge may also, if the same be deemed necessary,

insert in the warrant a command for the apprehension of the person

charged with causing the illegal restraint.

R.L. 1910, § 4900.
Okla. Stat. tit. 12, § 12-399 — OK Code / Title 12 / Section 12-399
Witness privileged
Status: in_force

A witness shall not be liable to be sued in a county in which he

does not reside, by being served with a summons in such county,

while going, returning or attending, in obedience to a subpoena.

R.L. 1910, § 5064.

Oklahoma Statutes - Title 12. Civil Procedure Page 84
Okla. Stat. tit. 12A, § 12A-2A-206 — OK Code / Title 12A / Section 12A-2A-206
Offer and acceptance in formation of lease contract
Status: in_force

OFFER AND ACCEPTANCE IN FORMATION OF LEASE CONTRACT

(1) Unless otherwise unambiguously indicated by the language or

circumstances, an offer to make a lease contract must be construed

as inviting acceptance in any manner and by any medium reasonable in

the circumstances.

(2) If the beginning of a requested performance is a reasonable

mode of acceptance, an offeror who is not notified of acceptance

within a reasonable time may treat the offer as having lapsed before

acceptance.
Okla. Stat. tit. 12, § 12-2402 — OK Code / Title 12 / Section 12-2402
Relevant evidence generally admissible - Irrelevant
Status: in_force

evidence inadmissible.

All relevant evidence is admissible, except as otherwise

provided by the Constitution of the United States, the Constitution

of the State of Oklahoma, by statute or by this Code. Evidence

which is not relevant is not admissible.
Okla. Stat. tit. 12A, § 12A-9-307.4 — OK Code / Title 12A / Section 12A-9-307.4
Renumbered as § 1-9-320.4 of this title by Laws 2000,
Status: in_force

c. 371, § 183, eff. July 1, 2001.
Okla. Stat. tit. 12, § 12-1834 — OK Code / Title 12 / Section 12-1834
Compensation to mediators
Status: in_force

Except in those instances in which a specific statute or rule

prohibits compensation of mediators, the program authorized by

Section 12 of this act may provide for appropriate compensation of

the mediator.
Okla. Stat. tit. 12A, § 12A-1-9-709 — OK Code / Title 12A / Section 12A-1-9-709
Priority
Status: in_force

PRIORITY

(a) This act determines the priority of conflicting claims to

collateral. However, if the relative priorities of the claims were

established before this act takes effect, former Article 9

determines priority.

(b) For purposes of subsection (a) of Section 1-9-322 of this

title, the priority of a security interest that becomes enforceable

under Section 1-9-203 of this title dates from the time this act

takes effect if the security interest is perfected under this act by

the filing of a financing statement before this act takes effect

which would not have been effective to perfect the security interest

under former Article 9 of this title. This subsection does not

apply to conflicting security interests each of which is perfected

by the filing of such a financing statement.
Okla. Stat. tit. 12A, § 12A-8-111 — OK Code / Title 12A / Section 12A-8-111
Clearing Corporation Rules
Status: in_force

Clearing Corporation Rules.

A rule adopted by a clearing corporation governing rights and

obligations among the clearing corporation and its participants in

the clearing corporation is effective even if the rule conflicts

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 433

with this act and affects another party who does not consent to the

rule.
Okla. Stat. tit. 12, § 12-1600.23 — OK Code / Title 12 / Section 12-1600.23
Renumbered as § 327 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.

Oklahoma Statutes - Title 12. Civil Procedure Page 321
Okla. Stat. tit. 12, § 12-1222 — OK Code / Title 12 / Section 12-1222
Subsequent attachment
Status: in_force

Where property is under attachment, it shall be attached under

subsequent orders, as follows:

First, if it be real property, it shall be attached in the same

manner prescribed in Section 4820.

Second, if it be personal property, it shall be attached as in

the hands of an officer, and subject to any previous attachment.

Third, if the same person or corporation be made a garnishee, a

copy of the order and notice shall be left with him in the manner

prescribed in Section 4841.

R.L. 1910, § 4843.
Okla. Stat. tit. 12, § 12-1141.1 — OK Code / Title 12 / Section 12-1141.1
Short title
Status: in_force

This act shall be known and may be cited as the “Nonjudicial

Marketable Title Procedures Act”.
Okla. Stat. tit. 12A, § 12A-5-115 — OK Code / Title 12A / Section 12A-5-115
Statute of Limitations
Status: in_force

Statute of Limitations.

An action to enforce a right or obligation arising under this

article must be commenced within one (1) year after the expiration

date of the relevant letter of credit or one (1) year after the

cause of action accrues, whichever occurs later. A cause of action

accrues when the breach occurs, regardless of the aggrieved party's

lack of knowledge of the breach.
Okla. Stat. tit. 12, § 12-3319 — OK Code / Title 12 / Section 12-3319
Limits of privilege
Status: in_force

LIMITS OF PRIVILEGE.

A. There is no privilege under Section 17 of this act for a

collaborative law communication that is:

Oklahoma Statutes - Title 12. Civil Procedure Page 553

1. Available to the public under the Oklahoma Open Records Act

or made during a session of a collaborative law process that is

open, or is required by law to be open, to the public;

2. A threat or statement of a plan to inflict bodily injury or

commit a crime of violence;

3. Intentionally used to plan a crime, commit or attempt to

commit a crime, or conceal an ongoing crime or ongoing criminal

activity; or

4. In an agreement resulting from the collaborative law

process, evidenced by a record signed by all parties to the

agreement.

B. The privileges under Section 17 of this act for a

collaborative law communication do not apply to the extent that a

communication is:

1. Sought or offered to prove or disprove a claim or complaint

of professional misconduct or malpractice arising from or related to

a collaborative law process; or

2. Sought or offered to prove or disprove abuse, neglect,

abandonment, or exploitation of a child or adult, unless the

Department of Human Services is a party to or otherwise participates

in the process.

C. There is no privilege under Section 17 of this act if a

tribunal finds, after a hearing in camera, that the party seeking

discovery or the proponent of the evidence has shown the evidence is

not otherwise available, the need for the evidence substantially

outweighs the interest in protecting confidentiality, and the

collaborative law communication is sought or offered in:

1. A court proceeding involving a felony or misdemeanor; or

2. A proceeding seeking rescission or reformation of a contract

arising out of the collaborative law process or in which a defense

to avoid liability on the contract is asserted.

D. If a collaborative law communication is subject to an

exception under subsection B or C of this section, only the part of

the communication necessary for the application of the exception may

be disclosed or admitted.

E. Disclosure or admission of evidence excepted from the

privilege under subsection B or C of this section does not make the

evidence or any other collaborative law communication discoverable

or admissible for any other purpose.

F. The privileges under Section 17 of this act do not apply if

the parties agree in advance in a signed record, or if a record of a

proceeding reflects agreement by the parties, that all or part of a

collaborative law process is not privileged. This subsection does

not apply to a collaborative law communication made by a person that

did not receive actual notice of the agreement before the

communication was made.
Okla. Stat. tit. 12, § 12-2104 — OK Code / Title 12 / Section 12-2104
Rulings on evidence
Status: in_force

A. Error may not be predicated upon a ruling which admits or

excludes evidence unless a substantial right of a party is affected,

and:

1. If the ruling is one admitting evidence, a timely objection

or motion to strike appears of record, stating the specific ground

of objection, if the specific ground was not apparent from the

context; or

2. If the ruling is one excluding evidence, the substance of

the evidence was made known to the judge by offer or was apparent

from the context within which questions were asked.

B. The court may add any statement which shows the character of

the evidence, the form in which it was offered, the objection made

and the ruling thereon. It may direct the making of an offer in

question and answer form.

C. In jury cases, proceedings shall be conducted, to the extent

practicable, so as to prevent inadmissible evidence from being

presented to the jury by any means, including making statements or

offers of proof or asking questions within the hearing of the jury.

D. Nothing in this section precludes taking notice of plain

errors affecting substantial rights although they were not brought

to the attention of the court.
Okla. Stat. tit. 12, § 12-1171.3 — OK Code / Title 12 / Section 12-1171.3
Income assignment proceedings
Status: in_force

A. In all child support cases arising out of an action for

divorce, paternity or other proceedings, the court shall order the

payment of child support as provided under Section 115 of Title 43

of the Oklahoma Statutes.

B. 1. A notice of income assignment shall be sent by the

applicant to the payor on a standardized form prescribed by the

Secretary of the United States Department of Health and Human

Services and available through the Administrative Office of the

Courts. The notice shall be sent by certified mail, return receipt

Oklahoma Statutes - Title 12. Civil Procedure Page 237

requested or served according to law. The payor shall be required

to comply with the provisions of this subsection and the provisions

stated in the notice.

2. The income assignment shall take effect on the next payment

of earnings to the obligor after the payor receives notice. The

amount withheld shall be sent to the Centralized Support Registry as

provided for in Section 413 of Title 43 of the Oklahoma Statutes

within seven (7) days after the date upon which the obligor is paid.

The payor shall include with each payment a statement reporting the

date the obligor's support obligation was withheld.

3. Each pay period the payor shall withhold the amounts

specified in the notice from the obligor’s income and earnings. The

amount withheld by the payor shall not exceed the limits on the

percentage of an obligor's income which may be assigned for support

pursuant to Section 1171.2 of this title.

4. The income assignment is binding upon the payor until

released or until further order of the court.

5. All payments shall be made through the Centralized Support

Registry as provided in Section 413 of Title 43 of the Oklahoma

Statutes.

6. If the amount of support due under all income assignments

against the obligor exceeds the maximum amount authorized by Section

1171.2 of this title, the payor shall pay the amount due up to the

statutory limit, and the payor shall send written notice to the

person or agency designated to receive payments that the amount due

exceeds the amount subject to withholding. If the payor wrongfully

fails to pay or notify as required in this subsection, the payor may

be liable for an amount up to the accumulated amount due upon

receipt of the notice.

7. If the payor is the obligor's employer, the payor shall send

written notice to the person or agency designated to receive

payments within ten (10) days of the date the obligor terminates

employment, and shall provide the obligor's last-known address and

the name of the obligor's new employer, if known.

8. If the payor has no income due or to be due to the obligor

in the payor's possession or control or if the obligor has

terminated employment with the payor prior to the receipt of notice

of income assignment required pursuant to this subsection, the payor

shall send written notice to the person or agency designated to

receive payments within ten (10) days. Failure to notify the person

or agency entitled to support within the required time limit may

subject the payor to liability for an amount up to the accumulated

amount due upon receipt of the notice of income assignment.

9. The payor is liable for any amount up to the accumulated

amount that should have been withheld and paid, and may be fined up

to Two Hundred Dollars ($200.00) for each failure to make the

required deductions if the payor:

Oklahoma Statutes - Title 12. Civil Procedure Page 238

a. fails to withhold or pay the support in accordance

with the provisions of the income assignment notice,

or

b. fails to notify the person or agency designated to

receive payments as required.

10. The payor may combine withheld amounts from earnings of two

or more obligors subject to the same support order in a single

payment and separately identify that portion of the single payment

which is attributable to each individual obligor.

11. An income assignment for child support shall have priority

over any prior or subsequent garnishments of the same wages.

12. The payor may deduct from any earnings of the obligor a sum

not exceeding Five Dollars ($5.00) per pay period but not to exceed

Ten Dollars ($10.00) per month as reimbursement for costs incurred

by the payor for the income assignment.

13. The income assignment shall remain in effect regardless of

a change of payor.

14. The income assignment shall remain in effect as long as

current support is due or until all arrearages for support are paid,

whichever is later. Payment of arrearages shall not prevent the

income assignment from taking effect.

15. The payor may not discipline, suspend, discharge, or refuse

to promote an obligor because of an income assignment executed

pursuant to this section. Any payor who violates this section shall

be liable to the obligor for all income, wages, and employment

benefits lost by the obligor from the period of unlawful discipline,

suspension, discharge, or refusal to promote until the time of

reinstatement or promotion.

C. Income assignment shall be available to collect any amounts

due for child support, child care and medical expenses, as well as

current support alimony payments; provided, child support shall be

paid prior to any alimony payments.

D. Any existing support order or income assignment which is

brought before the court shall be modified by the court to conform

to the provisions of this section.

E. Any person obligated to pay support, who has left or is

beyond the jurisdiction of the court, may be prosecuted under any

other proceedings available pursuant to the laws of this state for

the enforcement of the duty of support and maintenance.

F. The income assignment proceedings specified in this section

shall be available to other states for the enforcement of support

and maintenance or to enforce out-of-state orders. Venue for these

proceedings is, at the option of the obligee:

1. In the county in this state in which the support order was

entered;

2. In the county in this state in which the obligee resides; or

Oklahoma Statutes - Title 12. Civil Procedure Page 239

3. In the county in this state in which the obligor resides or

receives income.

G. 1. In all child support cases in which child support

services are being provided under the state child support plan as

provided under Section 237 of Title 56 of the Oklahoma Statutes, all

orders for support are subject to immediate income assignment

without need for a hearing by the district or administrative court.

2. In all child support cases arising out of an action for

divorce, paternity, or other proceeding in which services are not

being provided under the state child support plan as provided under

Section 237 of Title 56 of the Oklahoma Statutes, the court shall

order the income of any parent ordered to pay child support to be

subject to immediate income assignment regardless of whether child

support payments are in arrears at the time of the order, unless:

a. one of the parties demonstrates and the court finds

that there is good cause not to require immediate

income withholding. Any finding that there is good

cause not to require immediate income assignment must

be based upon at least:

(1) a written determination and explanation by the

court or administrative authority of why

implementing immediate income assignment would

not be in the best interests of the child, and

(2) proof of timely payment of previously ordered

support in cases involving modification of

support orders, or

b. a written agreement is reached between the parties

which provides for an alternative arrangement. For

purposes of this subparagraph, “written agreement”

means a written alternative arrangement signed by both

the custodial and noncustodial parents which has been

reviewed by the court and entered into the record by

the court or administrative authority.
Okla. Stat. tit. 12, § 12-752 — OK Code / Title 12 / Section 12-752
Attachments and executions, who levied by
Status: in_force

It shall be unlawful for anyone to levy an attachment or

execution within this state who is not a bonded officer.
Okla. Stat. tit. 12A, § 12A-8-209 — OK Code / Title 12A / Section 12A-8-209
Issuer's Lien
Status: in_force

Issuer's Lien.

A lien in favor of an issuer upon certificated security is valid

against a purchaser only if the right of the issuer to the lien is

noted conspicuously on the security certificate.
Okla. Stat. tit. 12, § 12-846 — OK Code / Title 12 / Section 12-846
Debtor of defendant may pay execution - Sheriff's receipt
Status: in_force

as discharge.

After the issuing of execution against property, any person

indebted to the judgment debtor may pay to the sheriff the amount of

Oklahoma Statutes - Title 12. Civil Procedure Page 167

his debt, or so much thereof as may be necessary to satisfy the

execution; and the sheriff's receipt shall be a sufficient discharge

for the amount so paid, or directed to be credited by the judgment

creditor on the execution.

R.L. 1910, § 5194.
Okla. Stat. tit. 12A, § 12A-1-9-108 — OK Code / Title 12A / Section 12A-1-9-108
Sufficiency of description
Status: in_force

SUFFICIENCY OF DESCRIPTION

(a) Except as otherwise provided in subsections (c), (d), and

(e) of this section, a description of personal or real property is

sufficient, whether or not it is specific, if it reasonably

identifies what is described.

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

section, a description of collateral reasonably identifies the

collateral if it identifies the collateral by:

(1) specific listing;

(2) category;

(3) except as otherwise provided in subsection (e) of this

section, a type of collateral defined in this title;

(4) quantity;

(5) computational or allocational formula or procedure; or

(6) except as otherwise provided in subsection (c) of this

section, any other method, if the identity of the collateral is

objectively determinable.

(c) A description of collateral as “all the debtor’s assets” or

“all the debtor’s personal property” or using words of similar

import does not reasonably identify the collateral.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 40

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

section, a description of a security entitlement, securities

account, or commodity account is sufficient if it describes:

(1) the collateral by those terms or as investment property; or

(2) the underlying financial asset or commodity contract.

(e) A description only by type of collateral defined in this

title is an insufficient description of:

(1) a commercial tort claim; or

(2) in a consumer transaction, consumer goods, a security

entitlement, a securities account, or a commodity account.
Okla. Stat. tit. 12, § 12-1141.4 — OK Code / Title 12 / Section 12-1141.4
Notice – Respondent’s request for clarification or
Status: in_force

information – Failure of respondent to deliver curative instrument

or take corrective action.

A. The requestor shall prepare the notice as described in

Section 3 of this act and shall transmit the notice by certified

mail to the person or entity identified in the notice as the

respondent.

B. The respondent shall have a period of thirty (30) days from

the receipt of the notice within which to respond to the notice and

any request for the execution or delivery of a curative instrument

or for corrective action.

C. A respondent may ask for clarification by the requestor or

for further information prior to making either a negative response

or an affirmative response. The respondent may communicate with the

requestor within the period of time required for the respondent to

make a response to the requestor, but any request made pursuant to

this subsection shall not extend the time within which to respond.

D. The respondent may make a formal request of the requestor

for clarification or for further information by certified mail if

the formal request for clarification or additional information is

received by the original requestor within the original period of

time prescribed by subsection B of this section for a response by

the respondent. If a respondent makes a formal request for

clarification or for additional information, the original requestor

shall have a period of twenty (20) days within which to transmit a

clarification or additional information. The respondent shall then

have a period of twenty (20) days from the date the clarification or

additional information is received in order to provide a final

response.

E. If a respondent declines to execute and deliver the curative

instrument requested or take the corrective action requested, and

the respondent communicates the refusal to the requestor, the

requestor may pursue the remedies authorized by this section.

F. If the requestor properly transmits the notice by certified

mail and the respondent does not claim the item as indicated by the

records of the United States Post Office, the refusal to claim the

item shall be treated as a refusal to respond to the request.

Oklahoma Statutes - Title 12. Civil Procedure Page 219

G. If a respondent executes and delivers or causes to be

executed and delivered the curative instrument requested in the

notice or takes the corrective action requested, the respondent

shall not be liable for the damages specified in subsection A of

Section 5 of this act in a quiet title action notwithstanding that

the respondent is named as a defendant in such an action.
Okla. Stat. tit. 12A, § 12A-4-216 — OK Code / Title 12A / Section 12A-4-216
Insolvency and Preference
Status: in_force

INSOLVENCY AND PREFERENCE

(a) If an item is in or comes into the possession of a payor or

collecting bank that suspends payment and the item has not been

finally paid, the item must be returned by the receiver, trustee, or

agent in charge of the closed bank to the presenting bank or the

closed bank's customer.

(b) If a payor bank finally pays an item and suspends payments

without making a settlement for the item with its customer or the

presenting bank which settlement is or becomes final, the owner of

the item has a preferred claim against the payor bank.

(c) If a payor bank gives or a collecting bank gives or

receives a provisional settlement for an item and thereafter

suspends payments, the suspension does not prevent or interfere with

the settlement's becoming final if the finality occurs automatically

upon the lapse of certain time or the happening of certain events.

(d) If a collecting bank receives from subsequent parties

settlement for an item, which settlement is or becomes final and the

bank suspends payments without making a settlement for the item with

its customer which settlement is or becomes final, the owner of the

item has a preferred claim against the collecting bank.
Okla. Stat. tit. 12A, § 12A-3-414 — OK Code / Title 12A / Section 12A-3-414
Obligation of Drawer
Status: in_force

OBLIGATION OF DRAWER

(a) This section does not apply to cashier's checks or other

drafts drawn on the drawer.

(b) If an unaccepted draft is dishonored, the drawer is obliged

to pay the draft (i) according to its terms at the time it was

issued or, if not issued, at the time it first came into possession

of a holder, or (ii) if the drawer signed an incomplete instrument,

according to its terms when completed, to the extent stated in

Sections 3-115 and 3-407 of this title. The obligation is owed to a

person entitled to enforce the draft or to an indorser who paid the

draft under Section 3-415 of this title.

(c) If a draft is accepted by a bank, the drawer is discharged,

regardless of when or by whom acceptance was obtained.

(d) If a draft is accepted and the acceptor is not a bank, the

obligation of the drawer to pay the draft if the draft is dishonored

by the acceptor is the same as the obligation of an indorser under

subsections (a) and (c) of Section 3-415 of this title.

(e) If a draft states that it is drawn "without recourse" or

otherwise disclaims liability of the drawer to pay the draft, the

drawer is not liable under subsection (b) of this section to pay the

draft if the draft is not a check. A disclaimer of the liability

stated in subsection (b) of this section is not effective if the

draft is a check.

(f) If (i) a check is not presented for payment or given to a

depositary bank for collection within thirty (30) days after its

date, (ii) the drawee suspends payments after expiration of the

thirty-day period without paying the check, and (iii) because of the

suspension of payments, the drawer is deprived of funds maintained

with the drawee to cover payment of the check, the drawer to the

extent deprived of funds may discharge its obligation to pay the

check by assigning to the person entitled to enforce the check the

rights of the drawer against the drawee with respect to the funds.
Okla. Stat. tit. 12A, § 12A-8-116 — OK Code / Title 12A / Section 12A-8-116
Securities Intermediary as Purchaser for Value
Status: in_force

Securities Intermediary as Purchaser for Value.

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 435

A securities intermediary that receives a financial asset and

establishes a security entitlement to the financial asset in favor

of an entitlement holder is a purchaser for value of the financial

asset. A securities intermediary that acquires a security

entitlement to a financial asset from another securities

intermediary acquires the security entitlement for value if the

securities intermediary acquiring the security entitlement

establishes a security entitlement to the financial asset in favor

of an entitlement holder.
Okla. Stat. tit. 12, § 12-95 — OK Code / Title 12 / Section 12-95
Limitation of other actions
Status: in_force

A. Civil actions other than for the recovery of real property

can only be brought within the following periods, after the cause of

action shall have accrued, and not afterwards:

1. Within five (5) years: An action upon any contract,

agreement, or promise in writing;

2. Within three (3) years: An action upon a contract express

or implied not in writing; an action upon a liability created by

statute other than a forfeiture or penalty; and an action on a

foreign judgment;

3. Within two (2) years: An action for trespass upon real

property; an action for taking, detaining, or injuring personal

property, including actions for the specific recovery of personal

property; an action for injury to the rights of another, not arising

on contract, and not hereinafter enumerated; an action for relief on

the ground of fraud - the cause of action in such case shall not be

deemed to have accrued until the discovery of the fraud;

4. Within one (1) year: An action for libel, slander, assault,

battery, malicious prosecution, or false imprisonment; an action

upon a statute for penalty or forfeiture, except where the statute

imposing it prescribes a different limitation;

5. An action upon the official bond or undertaking of an

executor, administrator, guardian, sheriff, or any other officer, or

upon the bond or undertaking given in attachment, injunction,

arrest, or in any case whatever required by the statute, can only be

Oklahoma Statutes - Title 12. Civil Procedure Page 55

brought within five (5) years after the cause of action shall have

accrued;

6. An action based on intentional conduct brought by any person

for recovery of damages for injury suffered as a result of childhood

sexual abuse incidents or exploitation as defined by Section 1-1-105

of Title 10A of the Oklahoma Statutes or incest against the actual

perpetrator shall be commenced by the forty-fifth birthday of the

alleged victim. If the person committing the act of sexual abuse

against a child was employed by an institution, agency, firm,

business, corporation or other public or private legal entity that

owed a duty of care to the victim, or the accused and the child were

engaged in some activity over which the legal entity had some degree

of responsibility or control, the action must be brought against

such employer or legal entity within two (2) years; provided, that

the time limit for commencement of an action pursuant to this

paragraph is tolled for a child until the child reaches the age of

eighteen (18) years. No action may be brought against the alleged

perpetrator or the estate of the alleged perpetrator after the death

of such alleged perpetrator, unless the perpetrator was convicted of

a crime of sexual abuse involving the claimant. An action pursuant

to this paragraph must be based upon objective verifiable evidence

in order for the victim to recover damages for injuries suffered by

reason of such sexual abuse, exploitation, or incest. The victim

need not establish which act in a series of continuing sexual abuse

incidents, exploitation incidents, or incest caused the injury

complained of;

7. An action based on intentional conduct brought by any person

for recovery of damages for injury suffered as a result of criminal

actions, as defined by the Oklahoma Statutes, may be brought against

any person incarcerated or under the supervision of a state, federal

or local correctional facility on or after November 1, 2003:

a. at any time during the incarceration of the offender

for the offense on which the action is based, or

b. within five (5) years after the perpetrator is

released from the custody of a state, federal or local

correctional facility, if the defendant was serving

time for the offense on which the action is based;

8. An action to establish paternity and to enforce support

obligations can be brought any time before the child reaches the age

of eighteen (18);

9. An action to establish paternity can be brought by a child

in accordance with Section 7700-606 of Title 10 of the Oklahoma

Statutes;

10. Court-ordered child support is owed until it is paid in

full and it is not subject to a statute of limitations;

Oklahoma Statutes - Title 12. Civil Procedure Page 56

11. All actions filed by an inmate or by a person based upon

facts that occurred while the person was an inmate in the custody of

one of the following:

a. the State of Oklahoma,

b. a contractor of the State of Oklahoma, or

c. a political subdivision of the State of Oklahoma,

to include, but not be limited to, the revocation of earned credits

and claims for injury to the rights of another, shall be commenced

within one (1) year after the cause of action shall have accrued;

and

12. An action for relief, not hereinbefore provided for, can

only be brought within five (5) years after the cause of action

shall have accrued.

B. Collection of debts owed by inmates who have received damage

awards pursuant to Section 566.1 of Title 57 of the Oklahoma

Statutes shall be governed by the time limitations imposed by that

section.
Okla. Stat. tit. 12A, § 12A-1-310 — OK Code / Title 12A / Section 12A-1-310
Subordination of obligations
Status: in_force

Subordination of obligations.

An obligation may be issued as subordinated to performance of

another obligation of the person obligated, or a creditor may

subordinate its right to performance of an obligation by agreement

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 185

with either the person obligated or another creditor of the person

obligated. Such a subordination does not create a security interest

as against either the common debtor or a subordinated creditor.
Okla. Stat. tit. 12, § 12-3211 — OK Code / Title 12 / Section 12-3211
Renumbered as § 3234 of this title by Laws 1989, c. 129,
Status: in_force

§ 14, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-696.2 — OK Code / Title 12 / Section 12-696.2
Preparation, service, and filing of judgments, decrees
Status: in_force

and appealable orders.

Oklahoma Statutes - Title 12. Civil Procedure Page 113

A. After the granting of a judgment, decree or appealable

order, it shall be reduced to writing in conformance with Section

696.3 of this title, signed by the court, and filed with the court

clerk. The court may direct counsel for any party to the action to

prepare a draft for the signature of the court, in which event, the

court may prescribe procedures for the preparation and timely filing

of the judgment, decree or appealable order, including, but not

limited to, the time within which it is to be submitted to the

court. If a written judgment, decree or appealable order is not

submitted to the court by the party directed to do so within the

time prescribed by the court, then any other party may reduce it to

writing and submit it to the court.

B. A file-stamped copy of every judgment, decree, or appealable

order shall be served upon all parties, including those parties who

are in default for failure to appear in the action, by the counsel

for a party or party who prepared it, or by a person designated by

the trial court, promptly and no later than three (3) days after it

is filed. The service shall be done in the manner provided in

Section 2005 of this title for the service of papers, and a

certificate of service must be filed with the court clerk. If the

judgment, decree or appealable order was prepared by the court, the

court may direct a bailiff, court clerk or party to perform the

service and certificate of service required by this subsection. In

cases in which a party has failed to appear in the action, it shall

be sufficient to mail a file-stamped copy of the judgment, decree or

appealable order by first-class mail to the party’s last-known

address, or if the service of process was on a registered agent, to

the address of the registered agent. No mailing is required to a

party who has failed to appear in the action if that party was

served by publication.

C. In any probate, guardianship, or conservatorship proceeding

commenced on or after October 1, 1996, where a party, heir, devisee,

legatee, or other interested party or representative of a party has

received notice of a hearing which resulted in the issuance of a

judgment, decree, or appealable order and did not file an entry of

appearance, no further service of any judgment, decree, or

appealable order shall be required to be sent to such party, heir,

devisee, legatee, or other interested party or representative of a

party, unless otherwise specifically required by law. No

certificate of service shall be required to be filed where no party,

heir, devisee, legatee, or other interested party, or representative

of a party has filed an entry of appearance.

D. The filing with the court clerk of a written judgment,

decree or appealable order, prepared in conformance with Section

696.3 of this title and signed by the court, shall be a

jurisdictional prerequisite to the commencement of an appeal. The

following shall not constitute a judgment, decree or appealable

Oklahoma Statutes - Title 12. Civil Procedure Page 114

order: A minute entry; verdict; informal statement of the

proceedings and relief awarded, including, but not limited to, a

letter to a party or parties indicating the ruling or instructions

for preparing the judgment, decree or appealable order.

E. A judgment, decree or appealable order, whether

interlocutory or final, shall not be enforceable in whole or in part

unless or until it is signed by the court and filed; except that the

adjudication of any issue shall be enforceable when pronounced by

the court in the following actions: divorce; separate maintenance;

annulment; post-decree matrimonial proceedings; paternity; custody;

adoption; termination of parental rights; mental health;

guardianship; juvenile matters; habeas corpus proceedings; or

proceedings for temporary restraining orders, temporary injunctions,

permanent injunctions, conservatorship, probate proceedings, special

executions in foreclosure actions, quiet title actions, partition

proceedings or contempt citations. The time for appeal shall not

begin to run until a written judgment, decree or appealable order,

prepared in conformance with Section 696.3 of this title, is filed

with the court clerk, regardless of whether the judgment, decree, or

appealable order is effective when pronounced or when it is filed.

F. The preparation of orders, decisions and the taking of

appeals from the Office of Administrative Hearings: Child Support

shall be governed by the provisions of Title 56 of the Oklahoma

Statutes.

G. The preparation of orders, decisions and awards and the

taking of appeals in workers' compensation cases shall be governed

by the provisions of Title 85 of the Oklahoma Statutes.
Okla. Stat. tit. 12A, § 12A-2-613 — OK Code / Title 12A / Section 12A-2-613
Casualty to Identified Goods
Status: in_force

Where the contract requires for its performance goods identified

when the contract is made, and the goods suffer casualty without

fault of either party before the risk of loss passes to the buyer,

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 220

or in a proper case under a "no arrival, no sale" term (Section 2-

324) then

(a) if the loss is total the contract is avoided; and

(b) if the loss is partial or the goods have so

deteriorated as no longer to conform to the contract the buyer may

nevertheless demand inspection and at his option either treat the

contract as avoided or accept the goods with due allowance from the

contract price for the deterioration or the deficiency in quantity

but without further right against the seller.
Okla. Stat. tit. 12A, § 12A-3-203 — OK Code / Title 12A / Section 12A-3-203
Transfer of Instrument; Rights Acquired by Transfer
Status: in_force

TRANSFER OF INSTRUMENT; RIGHTS ACQUIRED BY TRANSFER

(a) An instrument is transferred when it is delivered by a

person other than its issuer for the purpose of giving to the person

receiving delivery the right to enforce the instrument.

(b) Transfer of an instrument, whether or not the transfer is a

negotiation, vests in the transferee any right of the transferor to

enforce the instrument, including any right as a holder in due

course, but the transferee cannot acquire rights of a holder in due

course by a transfer, directly or indirectly, from a holder in due

course if the transferee engaged in fraud or illegality affecting

the instrument.

(c) Unless otherwise agreed, if an instrument is transferred

for value and the transferee does not become a holder because of

lack of indorsement by the transferor, the transferee has a

specifically enforceable right to the unqualified indorsement of the

transferor, but negotiation of the instrument does not occur until

the indorsement is made.

(d) If a transferor purports to transfer less than the entire

instrument, negotiation of the instrument does not occur. The

transferee obtains no rights under this article and has only the

rights of a partial assignee.
Okla. Stat. tit. 12, § 12-2410 — OK Code / Title 12 / Section 12-2410
Pleas and plea discussions - Admissibility of evidence
Status: in_force

A. Except as otherwise provided in this section evidence of the

following is not, in any civil or criminal proceeding, admissible

against the defendant who made the plea or was a participant in the

plea discussions:

1. A plea of guilty which was later withdrawn;

2. A plea of nolo contendere;

3. Any statement made in the course of any proceedings under

state procedure regarding either of the foregoing pleas; or

4. Any statement made in the course of plea discussions with an

attorney for the prosecuting authority which do not result in a plea

of guilty or which result in a plea of guilty which is later

withdrawn.

B. However, such a statement is admissible in:

1. Any proceeding wherein another statement made in the course

of the same plea or plea discussions has been introduced and the

Oklahoma Statutes - Title 12. Civil Procedure Page 448

statement, as a matter of justice, should be considered

contemporaneously with it; or

2. A criminal proceeding for perjury or false statement if the

statement was made by the defendant under oath, on the record and in

the presence of counsel.
Okla. Stat. tit. 12, § 12-3005 — OK Code / Title 12 / Section 12-3005
Public records
Status: in_force

The contents of an official record or of a private record

authorized to be recorded or filed in the public records and

actually recorded or filed, if otherwise admissible, may be proved

by a copy in perceivable form, certified as correct in accordance

with Section 2902 of this title or testified to be correct by a

witness who has compared it with the original. If a copy which

complies with this section cannot be obtained by the exercise of

reasonable diligence, other evidence of the contents may be

admitted.
Okla. Stat. tit. 12, § 12-2804 — OK Code / Title 12 / Section 12-2804
Hearsay exception - Declarant unavailable
Status: in_force

A. "Unavailability as a witness", as used in this section,

includes the situation in which the declarant:

1. Is exempt by ruling of the court on the ground of privilege

from testifying concerning the subject matter or of the declarant's

statement;

2. Persists in refusing to testify concerning the subject

matter of the declarant's statement despite an order of the court to

do so;

3. Testifies to a lack of memory of the subject matter of the

declarant's statement;

4. Is unable to be present or to testify at the hearing because

of death or then existing physical or mental illness or infirmity;

or

5. Is absent from the hearing and the proponent of the

declarant's statement has been unable to procure the declarant's

attendance or, in the case of a hearsay exception under paragraphs

2, 3 or 4 of subsection B of this section, the declarant's

attendance or testimony, by process or other reasonable means.

A declarant is not unavailable as a witness if the declarant's

exemption, refusal, claim of lack of memory, inability or absence is

due to an act by the proponent of the declarant's statement for the

purpose of preventing the witness from attending or testifying.

B. The following are not excluded by the hearsay rule if the

declarant is unavailable as a witness:

Oklahoma Statutes - Title 12. Civil Procedure Page 485

1. Testimony given as a witness at another hearing of the same

or another proceeding, or in a deposition taken in compliance with

law in the course of the same or another proceeding, if the party

against whom the testimony is now offered or, in a civil action or

proceeding, a predecessor in interest had an opportunity and similar

motive to develop the testimony by direct, cross or redirect

examination;

2. In a prosecution for homicide or in a civil action or

proceeding, a statement made by a declarant while believing that the

declarant's death was imminent, concerning the cause or

circumstances of what the declarant believed to be the declarant's

impending death;

3. A statement which was at the time of its making contrary to

the declarant's pecuniary or proprietary interest, or which tended

to subject the declarant to civil or criminal liability, or to

render invalid a claim by the declarant against another, and which a

reasonable person in the declarant's position would not have made

unless the declarant believed it to be true. A statement tending to

expose the declarant to criminal liability and offered to exculpate

the accused is not admissible unless corroborating circumstances

clearly indicate the trustworthiness of the statement. A statement

or confession offered against the accused in a criminal case, made

by a codefendant or other individual implicating both the

codefendant or other individual and the accused, is not within this

exception;

4. A statement concerning the declarant's own birth, adoption,

marriage, divorce, legitimacy, ancestry, relationship to another

person or other similar fact of personal or family history, even

though declarant had no means of acquiring personal knowledge of the

matter stated; or statement concerning the foregoing matters or

death of another person, if the declarant was related to that person

by blood, adoption or marriage or was so intimately associated with

the person's family as to be likely to have accurate information

concerning the matter declared; and

5. A statement offered against a party that wrongfully caused

or acquiesced in wrongfully causing the declarant's unavailability

as a witness, and did so intending that result.
Okla. Stat. tit. 12, § 12-23 — OK Code / Title 12 / Section 12-23
Appearance docket
Status: in_force

On the appearance docket he shall enter all actions in the order

in which they are brought, the date of the summons, the time of the

return thereof by the officer, and his return thereon, the time of

filing the petition, and all subsequent pleadings and papers, and an

abstract of all judgments and orders of the court. An abstract

shall contain a very brief description of the order or judgment

rendered. It must not be encumbered with a detailed recital of the

terms. Proceedings other than those which culminated in an order or

judgment shall not be abstracted into the appearance docket. Either

the judge or the clerk may prepare an appearance docket entry in the

form of a minute, or the content of the entry may be dictated either

by the judge or the clerk into an electronic recording device. The

clerk shall transcribe onto the appearance docket all minute entries

made and all the electronically-recorded abstracts.

R.L. 1910, § 5323. Amended by Laws 1972, c. 119, § 1, emerg. eff.

March 31, 1972.
Okla. Stat. tit. 12, § 12-1444.1 — OK Code / Title 12 / Section 12-1444.1
Pleading - Proof - Defenses
Status: in_force

In all civil actions to recover damages for libel or slander, it

shall be sufficient to state generally what the defamatory matter

was, and that it was published or spoken of the plaintiff, and to

allege any general or special damage caused thereby. As a defense

thereto the defendant may deny and offer evidence to disprove the

charges made, or he may prove that the matter charged as defamatory

was true and, in addition thereto, that it was published or spoken

under such circumstances as to render it a privileged communication.
Okla. Stat. tit. 12A, § 12A-1-108.1 — OK Code / Title 12A / Section 12A-1-108.1
Relationship to Electronic Signatures in Global and
Status: in_force

National Commerce Act.

Article 1 of the Uniform Commercial Code modifies, limits, and

supersedes the federal Electronic Signatures in Global and National

Commerce Act, 15 U.S.C., Section 7001 et seq., except that nothing

in this article modifies, limits or supersedes Section 7001(c) of

that Act or authorizes electronic delivery of any of the notices

described in Section 7003(b) of that Act.
Okla. Stat. tit. 12, § 12-2015 — OK Code / Title 12 / Section 12-2015
Amended and supplemental pleadings
Status: in_force

AMENDED AND SUPPLEMENTAL PLEADINGS

A. AMENDMENTS. A party may amend his or her pleading once as a

matter of course at any time before a responsive pleading is served

or, if the pleading is one to which no responsive pleading is

permitted and the action has not been placed upon the trial

calendar, he or she may so amend it at any time within twenty (20)

days after it is served. Amendments to add omitted counterclaims or

to add or drop parties may be made as a matter of course within the

time specified above. Otherwise a party may amend the pleading only

by leave of court by submitting the proposed amendment with the

motion for leave of court or by written consent of the adverse

party; and leave shall be freely given when justice so requires. A

party shall respond to an amended pleading within the time remaining

for response to the original pleading or within twenty (20) days

after the service of the amended pleading, whichever period may be

longer, unless the court otherwise orders.

B. AMENDMENTS TO CONFORM TO THE EVIDENCE. When issues not

raised by the pleadings or by the pretrial conference order, where

the order has superseded the pleadings, are tried by express or

implied consent of the parties, they shall be treated in all

respects as if they had been raised in the pleadings or the pretrial

conference order. Such amendment as may be necessary to cause the

pleadings or the pretrial conference order to conform to the

evidence and to raise these issues may be made upon motion of any

party at any time, even after judgment; but failure so to amend does

not affect the result of the trial of these issues. If evidence is

objected to at the trial on the ground that it is not within the

issues made by the pleadings or the pretrial conference order, the

court may allow the pleadings or the pretrial conference order to be

amended and shall do so freely when the presentation of the merits

of the action will be served thereby and the objecting party fails

to satisfy the court that the admission of such evidence would

prejudice him or her in maintaining the action or defense upon the

merits. The court may grant a continuance to enable the objecting

party to meet such evidence.

Oklahoma Statutes - Title 12. Civil Procedure Page 414

Where the pretrial conference order has superseded the

pleadings, it is sufficient to amend the order and the pleadings

shall not be amended.

C. RELATION BACK OF AMENDMENTS. An amendment of a pleading

relates back to the date of the original pleading when:

1. Relation back is permitted by the law that provides the

statute of limitations applicable to the action; or

2. The claim or defense asserted in the amended pleading arose

out of the conduct, transaction, or occurrence set forth or

attempted to be set forth in the original pleading; or

3. The amendment changes the party or the naming of the party

against whom a claim is asserted if paragraph 2 of this subsection

is satisfied and, within the period provided by subsection I of

Section 2004 of this title for service of the summons and petition,

the party to be brought in by amendment:

a. has received such notice of the institution of the

action that he or she will not be prejudiced in

maintaining a defense on the merits, and

b. knew or should have known that, but for a mistake

concerning the identity of the proper party, the

action would have been brought against him or her.

An amendment to add an omitted counterclaim does not relate back to

the date of the original answer.

The delivery or mailing of process to the Attorney General of

Oklahoma, or an agency or officer who would have been a proper

defendant if named, satisfies the requirements of subparagraphs a

and b of this paragraph with respect to the State of Oklahoma or any

agency or officer thereof to be brought into the action as a

defendant.

D. SUPPLEMENTAL PLEADINGS. Upon motion of a party the court

may, upon reasonable notice and upon such terms as are just, permit

the party to serve a supplemental pleading setting forth

transactions or occurrences or events which have happened since the

date of the pleading sought to be supplemented. Permission may be

granted even though the original pleading is defective in its

statement of a claim for relief or defense. If the court deems it

advisable that the adverse party plead to the supplemental pleading,

it shall so order, specifying the time therefor. A supplemental

pleading relates back to the date of the original pleading if it

arises out of the conduct, transaction, or occurrence set forth in

the original pleading.
Okla. Stat. tit. 12, § 12-3228 — OK Code / Title 12 / Section 12-3228
Persons before whom depositions may be taken
Status: in_force

A. DEPOSITIONS TAKEN WITHIN OKLAHOMA. Within this state,

depositions shall be taken before an officer authorized to

administer oaths by the laws of the place where the examination is

held, or before a person appointed by the court in which the action

is pending. A person so appointed has power to administer oaths and

take testimony.

The term officer as used in Sections 3230 through 3232 of this

title includes a person appointed by the court or designated by the

parties under Section 3229 of this title; except that on and after

January 1, 1990, depositions taken within this state shall only be

taken by an officer who is either a certified shorthand reporter

(CSR) or a licensed shorthand reporter (LSR); provided however, on

and after the effective date of this act, any person who was taking

depositions by the steno-mask method of reporting within this state

Oklahoma Statutes - Title 12. Civil Procedure Page 515

prior to January 1, 1990, may continue to take depositions within

this state if the person provides to the State Board of Examiners of

Official Shorthand Reporters or successor entity of the Board a

certification, signed by a judge of the district court and by an

attorney licensed to practice law in this state, declaring that the

person has taken depositions that were admitted into evidence in any

court of this state. The certification shall be submitted within

thirty (30) days of the effective date of this act to the State

Board of Examiners of Official Shorthand Reporters or successor

entity of the Board who shall issue said person a certificate as an

acting court reporter permitting the person to take depositions or

other sworn statements, subpoena witnesses for depositions, issue

affidavits in respect to the regular duties of the person, and

administer oaths and affirmations with authority equal to that of a

notary public.

B. DEPOSITIONS TAKEN OUTSIDE OF OKLAHOMA. Depositions may be

taken outside of Oklahoma:

1. On notice before a person authorized to administer oaths in

the place in which the examination is held, either by the law

thereof or by the law of this state; or

2. Before a person commissioned by the court, and a person so

commissioned shall have the power by virtue of his commission to

administer any necessary oath and take testimony; or

3. Pursuant to a letter rogatory.

A commission or a letter rogatory shall be issued on application

and notice and on terms that are just and appropriate. It is not

requisite to the issuance of a commission or a letter rogatory that

the taking of the deposition in any other manner is impracticable or

inconvenient; and both a commission and a letter rogatory may be

issued in proper cases. A notice or commission may designate the

person before whom the deposition is to be taken either by name or

descriptive title. Evidence obtained in response to a letter

rogatory need not be excluded merely for the reason that it is not a

verbatim transcript or that the testimony was not taken under oath

or for any similar departure from the requirements for depositions

taken within this state.

C. DISQUALIFICATIONS FOR INTEREST. No deposition shall be

taken before a person who is a relative or employee or attorney or

counsel of any of the parties, or is a relative or employee of such

attorney or counsel, or is financially interested in the action.
Okla. Stat. tit. 12, § 12-182 — OK Code / Title 12 / Section 12-182
Unincorporated associations and trusts - Suits against -
Status: in_force

Service of process.

When any two or more persons associate themselves together and

transact business for gain or speculation under a particular

appellation, not being incorporated, they may be sued by such

appellation without naming the individuals composing such

association and service of process may be had upon such association

Oklahoma Statutes - Title 12. Civil Procedure Page 73

by personal service as provided by law for services of summons in

civil actions, upon any member of such unincorporated association,

or, if the case be one in which service by publication may be had

under the laws of this state, and service of summons either within

or outside of the state cannot be had, with due diligence, upon any

of the members of such unincorporated association, service by

publication may be had upon such association by its particular

appellation. Provided further, that service may be had upon any

common law trust or any other unincorporated association or trust of

individuals designating themselves as a trust or represented by an

individual as trustee, by service upon any one of such individuals

as may be designated as trustee for said trust, the same as in any

other civil action. Venue in such cases, in addition to that now

provided, shall be the same as that provided for actions involving

domestic corporations.
Okla. Stat. tit. 12, § 12-1837 — OK Code / Title 12 / Section 12-1837
Feedback on process or mediator – Due process prior to removal or decertification of
Status: in_force

Oklahoma Statutes - Title 12. Civil Procedure Page 26removal or decertification of mediator.

Any program for mediation under the Choice in Mediation Act

shall make provision for a procedure whereby parties to a dispute or

the administrator of the program may make complaints about the

mediation process and/or the conduct of the mediator. Any such

procedure shall include due process prior to removal of a mediator

from a list of qualified mediators or “decertification” of a

mediator.
Okla. Stat. tit. 12, § 12-2503.1 — OK Code / Title 12 / Section 12-2503.1
Interpreter for the Deaf or Hard-of-Hearing Privilege
Status: in_force

A. As used in this section:

1. An "interpreter" is a qualified legal interpreter for the

deaf or hard-of-hearing, as defined by Section 2408 of Title 63 of

the Oklahoma Statutes, or a spoken language interpreter for a

Limited English Proficient (LEP) person;

2. A "deaf or hard-of-hearing person" is a person whose sense

of hearing is nonfunctional for the ordinary purposes of life;

3. A "Limited English Proficient (LEP) person" is a person who

cannot speak or easily understand English; and

4. A communication is "confidential" if made privately and not

intended for further disclosure except to other persons present in

furtherance of the purpose of the communication.

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

prevent an interpreter from disclosing such person's confidential

communication made while such interpreter is acting in the capacity

as an interpreter for persons who are deaf or hard-of-hearing or

LEP.

C. The privilege may be claimed by the interpreter, by the LEP

or deaf or hard-of-hearing person, by the guardian or conservator of

the LEP or deaf or hard-of-hearing person, or by the personal

representative of the LEP or deaf or hard-of-hearing person if the

LEP or deaf or hard-of-hearing person is deceased.

D. An interpreter who is employed to interpret, transliterate

or relay a conversation between a person who can hear and speak

English and a LEP or deaf or hard-of-hearing person is a conduit for

Oklahoma Statutes - Title 12. Civil Procedure Page 457

the conversation and may not disclose or be compelled to disclose,

through reporting or testimony, or by judicial process or subpoena,

the contents of a confidential communication.

E. There is no privilege pursuant to this section for

communications:

1. If the services of the interpreter were sought or obtained

to enable or aid anyone to commit or plan to commit what the LEP or

deaf or hard-of-hearing person knew, or reasonably should have

known, to be a crime or fraud or physical injury to the LEP or deaf

or hard-of-hearing person or another individual;

2. In which the LEP or deaf or hard-of-hearing person has

expressed an intent to engage in conduct likely to result in

imminent death or serious bodily injury to the LEP or deaf or hard-

of-hearing person or another individual;

3. Relevant to an issue in a proceeding challenging the

competency of the interpreter;

4. Relevant to a breach of duty by the interpreter; or

5. That are subject to a duty to disclose under statutory law.
Okla. Stat. tit. 12A, § 12A-2-319 — OK Code / Title 12A / Section 12A-2-319
F.O.B. and F.A.S. Terms
Status: in_force

(1) Unless otherwise agreed the term F.O.B. (which means "free

on board") at a named place, even though used only in connection

with the stated price, is a delivery term under which

(a) when the term is F.O.B. the place of shipment, the

seller must at that place ship the goods in the manner provided in

this article (Section 2-504) and bear the expense and risk of

putting them into the possession of the carrier; or

(b) when the term is F.O.B. the place of destination, the

seller must at his own expense and risk transport the goods to that

place and there tender delivery of them in the manner provided in

this article (Section 2-503);

(c) when under either (a) or (b) the term is also F.O.B.

vessel, car or other vehicle, the seller must in addition at his own

expense and risk load the goods on board. If the term if F.O.B.

vessel the buyer must name the vessel and in an appropriate case the

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 201

seller must comply with the provisions of this article on the form

of bill of lading (Section 2-323).

(2) Unless otherwise agreed the term F.A.S. vessel (which

means "free alongside") at a named port, even though used only in

connection with the stated price, is a delivery term under which the

seller must

(a) at his own expense and risk deliver the goods

alongside the vessel in the manner usual in that port or on a dock

designated and provided by the buyer; and

(b) obtain and tender a receipt for the goods in exchange

for which the carrier is under a duty to issue a bill of lading.

(3) Unless otherwise agreed in any case falling within

subsection (1) (a) or (c) or subsection (2) the buyer must

seasonably give any needed instructions for making delivery,

including when the term is F.A.S. or F.O.B. the loading berth of the

vessel and in an appropriate case its name and sailing date. The

seller may treat the failure of needed instructions as a failure of

cooperation under this article (Section 2-311). He may also at his

option move the goods in any reasonable manner preparatory to

delivery or shipment.

(4) Under the term F.O.B. vessel or F.A.S. unless otherwise

agreed the buyer must make payment against tender of the required

documents and the seller may not tender nor the buyer demand

delivery of the goods in substitution for the documents.
Okla. Stat. tit. 12, § 12-1101 — OK Code / Title 12 / Section 12-1101
Offer to allow judgment to be taken
Status: in_force

The defendant, in an action for the recovery of money only, may,

at any time before the trial, serve upon the plaintiff or his

attorney an offer, in writing, to allow judgment to be taken against

him for the sum specified therein. If the plaintiff accept the

offer and give notice thereof to the defendant or his attorney,

within five days after the offer was served, the offer, and an

affidavit that the notice of acceptance was delivered within the

time limited, may be filed by the plaintiff, or the defendant may

file the acceptance, with a copy of the offer, verified by

affidavit; and in either case, the offer and acceptance shall be

noted in the journal, and judgment shall be rendered accordingly. If

the notice of acceptance be not given in the period limited, the

offer shall be deemed withdrawn, and shall not be given in evidence

or mentioned on the trial. If the plaintiff fails to obtain

judgment for more than was offered by the defendant, he shall pay

the defendant's costs from the time of the offer.

Oklahoma Statutes - Title 12. Civil Procedure Page 209

R.L. 1910, § 5301.
Okla. Stat. tit. 12, § 12-1579 — OK Code / Title 12 / Section 12-1579
Proceedings on failure to prosecute action
Status: in_force

If the property has been delivered to the plaintiff, and

judgment rendered against him, on demurrer, or if he otherwise fail

to prosecute his action to final judgment, the court shall, on

application of the defendant or his attorney, proceed to inquire

into the right of property, and right of possession of the defendant

to the property taken.

R.L. 1910, § 4806.
Okla. Stat. tit. 12, § 12-721 — OK Code / Title 12 / Section 12-721
Filing and status of foreign judgments
Status: in_force

A copy of any foreign judgment authenticated in accordance with

the applicable Act of Congress or of the statutes of this state may

be filed in the office of the court clerk of any county of this

state. The clerk shall treat the foreign judgment in the same

manner as a judgment of the district court of any county of this

state. A judgment so filed has the same effect and is subject to

the same procedures, defenses, and proceedings for reopening,

vacating, or staying as a judgment of a district court of this state

and may be enforced or satisfied in like manner. Provided, however,

that no such filed foreign judgment shall be a lien on real estate

of the judgment debtor until the judgment creditor complies with the

requirements of subsection B of Section 706 of this title.
Okla. Stat. tit. 12, § 12-1148.3 — OK Code / Title 12 / Section 12-1148.3
Extent of jurisdiction
Status: in_force

Proceedings under this act may be had in all cases against

tenants holding over their terms and, incident thereto, to determine

whether or not tenants are holding over their terms; in sales or

real estate on executions, orders or other judicial process, when

the judgment debtor was in possession at the time of the rendition

of the judgment or decree, by virtue of which such sale was made; in

sales by executors, administrators, guardians and on partition,

where any of the parties to the partition were in possession at the

commencement of the suit, after such sales, so made, on execution or

otherwise, shall have been examined by the proper court, and the

same by said court, adjudged valid; and in cases where the defendant

is a settler or occupier of lands and tenements without color of

title, and to which the complainant has the right of possession.

Oklahoma Statutes - Title 12. Civil Procedure Page 224

This section is not to be construed as limiting the provisions of

the preceding section.
Okla. Stat. tit. 12, § 12-1289.1 — OK Code / Title 12 / Section 12-1289.1
Renumbered as § 135 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.

Oklahoma Statutes - Title 12. Civil Procedure Page 271
Okla. Stat. tit. 12A, § 12A-2A-308 — OK Code / Title 12A / Section 12A-2A-308
Special rights of creditors
Status: in_force

SPECIAL RIGHTS OF CREDITORS

(1) A creditor of a lessor in possession of goods subject to a

lease contract may treat the lease contract as void if as against

the creditor retention of possession by the lessor is fraudulent

under any statute or rule of law, but retention of possession in

good faith and current course of trade by the lessor for a

commercially reasonable time after the lease contract becomes

enforceable is not fraudulent.

(2) Nothing in this article impairs the rights of creditors of

a lessor if the lease contract:

(a) becomes enforceable, not in current course of

trade but in satisfaction of or as security for a preexisting claim

for money, security, or the like, and

(b) is made under circumstances which under any

statute or rule of law apart from this article would constitute the

transaction a fraudulent transfer or voidable preference.

(3) A creditor of a seller may treat a sale or an

identification of goods to a contract for sale as void if as against

the creditor retention of possession by the seller is fraudulent

under any statute or rule of law, but retention of possession of the

goods pursuant to a lease contract entered into by the seller as

lessee and the buyer as lessor in connection with the sale or

identification of the goods is not fraudulent if the buyer bought

for value and in good faith.
Okla. Stat. tit. 12, § 12-1515 — OK Code / Title 12 / Section 12-1515
Costs and fees
Status: in_force

The court making partition shall tax the costs, attorney's fees

and expenses which may accrue in the action, and apportion the same

among the parties, according to their respective interests, and may

award execution therefor, as in other cases.

R.L. 1910, § 4954.
Okla. Stat. tit. 12, § 12-2006 — OK Code / Title 12 / Section 12-2006
Time
Status: in_force

TIME

A. COMPUTATION. 1. In computing any period of time prescribed

or allowed by this title, by the rules of any court of this state,

or by order of a court of this state, the day of the act, event, or

default from which the designated period of time begins to run shall

not be included. The last day of the period so computed shall be

included, unless it is a legal holiday as defined by Section 82.1 of

Title 25 of the Oklahoma Statutes or any other day when the office

of the court clerk does not remain open for public business until

the regularly scheduled closing time, in which event the period runs

until the end of the next day which is not a legal holiday or a day

when the office of the court clerk does not remain open for public

business until the regularly scheduled closing time. Except for the

times provided in Sections 765, 990.3, 1148.4, 1148.5, 1148.5A, and

1756 of this title, when the period of time prescribed or allowed is

less than eleven (11) days, intermediate legal holidays and any

other day when the office of the court clerk does not remain open

for public business until the regularly scheduled closing time,

shall be excluded from the computation.

2. For actions filed on or after November 1, 1999, and on or

before June 30, 2000, any period of time prescribed or allowed by

this title, by the rules of any court, by an order of a court, or by

any applicable statute, shall be computed pursuant to the shortest

time prescribed by the law in effect before November 1, 1999, the

Oklahoma Statutes - Title 12. Civil Procedure Page 399

law in effect prior to the effective date of this act, or this act,

unless the court finds that to do so would result in injustice.

B. ENLARGEMENT. When by this title or by a notice given

thereunder by order of court an act is required or allowed to be

done at or within a specified time, the court for cause shown may at

any time in its discretion:

1. With or without motion or notice order the period enlarged

if request therefor is made before the expiration of the period

originally prescribed or as extended by a previous order; or

2. Upon motion made after the expiration of the specified

period permit the act to be done where the failure to act was the

result of excusable neglect; but it may not extend the time set

forth in this title for taking an appeal from a judgment, decree or

appealable order, or for seeking a new trial, a judgment

notwithstanding the verdict, or to correct, open, modify, vacate or

reconsider a judgment, decree, or appealable order, except as

provided in the sections governing such proceedings.

C. FOR MOTIONS - AFFIDAVITS. A written motion, other than one

which may be heard ex parte, and notice of the hearing thereof,

shall be served not later than five (5) days before the time

specified for the hearing, unless a different period is fixed by the

Oklahoma Statutes, court rules, or by an order of the court. Such

an order may for cause shown be made on ex parte application. When

a motion is supported by affidavit, the affidavit shall be served

with the motion.

D. ADDITIONAL TIME AFTER SERVICE BY MAIL, THIRD-PARTY

COMMERCIAL CARRIER OR ELECTRONIC MEANS. Whenever a party has the

right or is required to do some act or take some proceedings within

a prescribed period after the service of a notice or other paper

upon the party and the notice or paper is served upon the party by

mail, third-party commercial carrier or electronic means, three (3)

days shall be added to the prescribed period; provided, however,

when a summons and petition are served by mail, a defendant shall

serve an answer within twenty (20) days or thirty-five (35) days if

pursuant to subsection A of Section 2012 of this title, after the

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

and petition by the defendant.
Okla. Stat. tit. 12, § 12-131 — OK Code / Title 12 / Section 12-131
Actions brought where subject located
Status: in_force

Except as provided in Section 132 of this title or Section 163

of Title 51 of the Oklahoma Statutes:

1. Actions for the following causes shall be brought in the

county in which the subject of the action is situated

a. for the recovery of real property, or of any estate,

or interest therein, or the determination in any form

of any such right or interest,

b. for the partition of real property,

c. for the sale of real property under a mortgage, lien,

or other encumbrance or charge, and

d. to quiet title, to establish a trust in, remove a

cloud on, set aside a conveyance of, or to enforce or

set aside an agreement to convey real property; and

2. For all damages to land, crops, or improvements thereon,

actions shall be brought in the county where the damage occurs.

R.L. 1910, § 4671. Amended by Laws 1957, p. 78, § 2; Laws 1999, c.

293, § 2 eff. Nov. 1, 1999.
Okla. Stat. tit. 12A, § 12A-1-9-310 — OK Code / Title 12A / Section 12A-1-9-310
When filing required to perfect security interest or
Status: in_force

agricultural lien - Security interests and agricultural liens to

which filing provisions do not apply.

WHEN FILING REQUIRED TO PERFECT SECURITY INTEREST OR

AGRICULTURAL LIEN; SECURITY INTERESTS AND AGRICULTURAL

LIENS TO WHICH FILING PROVISIONS DO NOT APPLY

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

section and Section 1-9-312 of this title, a financing statement

must be filed to perfect all security interests and agricultural

liens.

(b) The filing of a financing statement is not necessary to

perfect a security interest:

(1) that is perfected under subsection (d), (e), (f), or (g) of

Section 1-9-308 of this title;

(2) that is perfected under Section 1-9-309 of this title when

it attaches;

(3) in property subject to a statute, regulation, or treaty

described in subsection (a) of Section 1-9-311 of this title;

(4) in goods in possession of a bailee which is perfected under

paragraph (1) or (2) of subsection (d) of Section 1-9-312 of this

title;

(5) in certificated securities, documents, goods, or

instruments which is perfected without filing, control, or

possession under subsection (e), (f), or (g) of Section 1-9-312 of

this title;

(6) in collateral in the secured party's possession under

Section 1-9-313 of this title;

(7) in a certificated security which is perfected by delivery

of the security certificate to the secured party under Section 1-9-

313 of this title;

(8) in controllable accounts, controllable electronic records,

controllable payment intangibles, deposit accounts, electronic

documents, investment property, or letter-of-credit rights which is

perfected by control under Section 1-9-314 of this title;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 60

(9) in chattel paper which is perfected by possession and

control under Section 1-9-314A of this title;

(10) in proceeds which is perfected under Section 1-9-315 of

this title; or

(11) that is perfected under Section 1-9-316 of this title.

(c) If a secured party assigns a perfected security interest or

agricultural lien, a filing under this article is not required to

continue the perfected status of the security interest against

creditors of and transferees from the original debtor.
Okla. Stat. tit. 12A, § 12A-1-9-109 — OK Code / Title 12A / Section 12A-1-9-109
Scope of article
Status: in_force

SCOPE OF ARTICLE

(a) Except as otherwise provided in subsections (c) and (d) of

this section, this article applies to:

(1) a transaction, regardless of its form, that creates a

security interest in personal property or fixtures by contract;

(2) an agricultural lien;

(3) a sale of accounts, chattel paper, payment intangibles, or

promissory notes;

(4) a consignment;

(5) a security interest arising under Section 2-401, Section 2-

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

508 of this title, as provided in Section 1-9-110 of this title; and

(6) a security interest arising under Section 4-210 or 5-118 of

this title.

(b) The application of this article to a security interest in a

secured obligation is not affected by the fact that the obligation

is itself secured by a transaction or interest to which this article

does not apply.

(c) This article does not apply to the extent that:

(1) a statute, regulation, or treaty of the United States

preempts this article;

(2) another statute of this state expressly governs the

creation, perfection, priority, or enforcement of a security

interest created by this state or a governmental unit of this state;

(3) a statute of another state, a foreign country, or a

governmental unit of another state or a foreign country, other than

a statute generally applicable to security interests, expressly

governs creation, perfection, priority, or enforcement of a security

interest created by the state, country, or governmental unit; or

(4) the rights of a transferee beneficiary or nominated person

under a letter of credit are independent and superior under Section

5-114 of this title.

(d) This article does not apply to:

(1) a landlord’s lien, other than an agricultural lien;

Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 41

(2) a lien, other than an agricultural lien, given by statute

or other rule of law for services or materials, but Section 1-9-333

of this title applies with respect to priority of the lien;

(3) an assignment of a claim for wages, salary, or other

compensation of an employee;

(4) a sale of accounts, chattel paper, payment intangibles, or

promissory notes as part of a sale of the business out of which they

arose;

(5) an assignment of accounts, chattel paper, payment

intangibles, or promissory notes which is for the purpose of

collection only;

(6) an assignment of a right to payment under a contract to an

assignee that is also obligated to perform under the contract;

(7) an assignment of a single account, payment intangible, or

promissory note to an assignee in full or partial satisfaction of a

preexisting indebtedness;

(8) a transfer of an interest in or an assignment of a claim

under a policy of insurance, other than an assignment by or to a

health-care provider of a health-care-insurance receivable and any

subsequent assignment of the right to payment, but Sections 1-9-315

and 1-9-322 of this title apply with respect to proceeds and

priorities in proceeds;

(9) an assignment of a right represented by a judgment, other

than a judgment taken on a right to payment that was collateral;

(10) a right of recoupment or set-off, but:

(A) Section 1-9-340 of this title applies with respect to

the effectiveness of rights of recoupment or set-off

against deposit accounts; and

(B) Section 1-9-404 of this title applies with respect to

defenses or claims of an account debtor;

(11) the creation or transfer of an interest in or lien on real

property, including a lease or rents thereunder, except to the

extent that provision is made for:

(A) liens on real property in Sections 1-9-203 and 1-9-308

of this title;

(B) fixtures in Section 1-9-334 of this title;

(C) fixture filings in Sections 1-9-501, 1-9-502, 1-9-512,

1-9-516, and 1-9-519 of this title; and

(D) security agreements covering personal and real

property in Section 1-9-604 of this title; or

(12) an assignment of a claim arising in tort, other than a

commercial tort claim, but Sections 1-9-315 and 1-9-322 of this

title apply with respect to proceeds and priorities in proceeds.
Okla. Stat. tit. 12, § 12-1144 — OK Code / Title 12 / Section 12-1144
Action by tenant against cotenant
Status: in_force

In an action, by a tenant in common of real property, against a

cotenant, the plaintiff must, in addition to what is required in the

second preceding section, state, in his petition, that the defendant

either denied the plaintiff's right, or did some act amounting to

such denial.

R.L. 1910, § 4930.
Okla. Stat. tit. 12A, § 12A-2A-109 — OK Code / Title 12A / Section 12A-2A-109
Option to accelerate at will
Status: in_force

OPTION TO ACCELERATE AT WILL

(1) A term providing that one party or his successor in

interest may accelerate payment or performance or require collateral

or additional collateral "at will" or "when he deems himself

insecure" or in words of similar import must be construed to mean

that he has power to do so only if he in good faith believes that

the prospect of payment or performance is impaired.

(2) With respect to a consumer lease, the burden of

establishing good faith under subsection (1) of this section is on

the party who exercised the power; otherwise the burden of

establishing lack of good faith is on the party against whom the

power has been exercised.
Okla. Stat. tit. 12, § 12-1600.10 — OK Code / Title 12 / Section 12-1600.10
Renumbered as § 310 of Title 43 by Laws 1990, c. 188,
Status: in_force

§ 3, eff. Sept. 1, 1990.
Okla. Stat. tit. 12, § 12-1485 — OK Code / Title 12 / Section 12-1485
Judgment for occupying claimant - Appeal
Status: in_force

If the appraisers or jury appointed or impaneled as hereinbefore

provided, shall find that the value of the improvements is greater

than the value of the rents and damages and waste, then the court

shall enter judgment that the successful claimant pay to the clerk

of the court for the use of the occupying claimant the full amount

of the excess of the value of the improvements over the value of the

rents, damages and waste before the writ of ouster shall issue;

Provided, that if either party shall deem himself aggrieved by the

judgment and shall desire to contest either or both the findings of

the court or the appraisement of the appraisers or the jury herein

provided for, by appeals or otherwise, to a higher court, and the

successful claimant shall execute an undertaking to the occupying

claimant in double the amount of the excess in value as found by the

appraisers or the jury, with good and sufficient surety to be

approved by the clerk of the court, conditioned that he will pay

such excess with interest from the date of the judgment, if the

judgment be affirmed by the appellate court, then the writ of ouster

shall, at the request of the successful claimant issue at once.

R.L. 1910, § 4937.
Okla. Stat. tit. 12, § 12-1037 — OK Code / Title 12 / Section 12-1037
Suspension where judgment given prematurely
Status: in_force

When the judgment was rendered before the action stood for

trial, the suspension may be granted, as provided in the last

section, although no valid defense to the action is shown; and the

court shall make such orders, concerning the executions to be issued

on the judgment as shall give to the defendant the same rights of

delay he would have had if the judgment had been rendered at the

proper time.

R.L. 1910, § 5273.

Oklahoma Statutes - Title 12. Civil Procedure Page 202
Okla. Stat. tit. 12, § 12-1283 — OK Code / Title 12 / Section 12-1283
Renumbered as § 128 of Title 43 by Laws 1989, c. 333, §
Status: in_force

1, eff. Nov. 1, 1989.
Okla. Stat. tit. 12, § 12-3002 — OK Code / Title 12 / Section 12-3002
Requirement of original
Status: in_force

To prove the content of a record, recording or photograph, the

original record, recording or photograph is required except as

otherwise provided in this Code or by other statutes.
Okla. Stat. tit. 12, § 12-1537 — OK Code / Title 12 / Section 12-1537
Plaintiff may have separate action for damages - Judgment
Status: in_force

of ouster or dissolution.

When judgment is rendered in favor of the plaintiff, he may, if

he has not claimed his damages in the action, have a separate action

for the damages at any time within one (1) year after the judgment.

The court may give judgment of ouster against the defendant, and

exclude him from the office, franchise or corporate rights; and in

cases of corporations, may give judgment that the same shall be

dissolved.

R.L. 1910, § 4925.
Okla. Stat. tit. 12, § 12-2302 — OK Code / Title 12 / Section 12-2302
Establishment of basic fact
Status: in_force

The basic fact of a presumption may be established in an action

by the pleadings, or by stipulation of the parties, or by judicial

notice, or by evidence.
Okla. Stat. tit. 12, § 12-1781 — OK Code / Title 12 / Section 12-1781
Alternative dispute resolution
Status: in_force

A. Unless the parties have agreed not to engage in alternative

dispute resolution, the court may refer the case to an alternative

dispute resolution procedure once. Such procedure shall:

1. Not exceed a half-day in duration, excluding scheduling

time;

2. Not exceed a total cost of twice the amount of applicable

civil filing fees; and

3. Be completed no later than sixty (60) days before the

initial trial setting.

B. The court shall consider objections to referral to

alternative dispute resolution unless prohibited by statute.

C. The parties may agree to engage in alternative dispute

resolution other than that provided for in subsection A of this

section.
Okla. Stat. tit. 12A, § 12A-8-501 — OK Code / Title 12A / Section 12A-8-501
Securities Account; Acquisition of Security Entitlement
Status: in_force

from Securities Intermediary.

Securities Account; Acquisition of Security Entitlement from

Securities Intermediary.

(a) "Securities account" means an account to which a financial

asset is or may be credited in accordance with an agreement under

which the person maintaining the account undertakes to treat the

person for whom the account is maintained as entitled to exercise

the rights that comprise the financial asset.

(b) Except as otherwise provided in subsections (d) and (e) of

this section, a person acquires a security entitlement if a

securities intermediary:

(1) indicates by book entry that a financial asset has

been credited to the person's securities account;

(2) receives a financial asset from the person or acquires

a financial asset for the person and, in either case,

accepts it for credit to the person's securities

account; or

(3) becomes obligated under other law, regulation, or rule

to credit a financial asset to the person's securities

account.

(c) If a condition of subsection (b) of this section has been

met, a person has a security entitlement even though the securities

intermediary does not itself hold the financial asset.

(d) If a securities intermediary holds a financial asset for

another person, and the financial asset is registered in the name

of, payable to the order of, or specially indorsed to the other

person, and has not been indorsed to the securities intermediary or

in blank, the other person is treated as holding the financial asset

directly rather than as having a security entitlement with respect

to the financial asset.

(e) Issuance of a security is not establishment of a security

entitlement.
Okla. Stat. tit. 12, § 12-842 — OK Code / Title 12 / Section 12-842
Debtor’s appearance and answer regarding property -
Status: in_force

Subpoena - Contempt citation or bench warrant upon failure to appear

- Discovery - Attorney fee.

A. At any time after a final judgment, order, or decree is

filed, on application of the judgment creditor, a judge of the court

in which the final judgment, order, or decree was rendered shall

order the judgment debtor to appear before the judge, or a referee

appointed by the judge, at a time and place specified in the order,

to answer concerning the judgment debtor’s property. The judge may,

by order, enjoin the judgment debtor from alienating, concealing, or

Oklahoma Statutes - Title 12. Civil Procedure Page 165

encumbering any of the judgment debtor’s nonexempt property pending

the hearing and further order of the court. Upon the judgment

debtor’s disclosure of any nonexempt property, proceedings as

provided by law may be had for the application of the property to

the satisfaction of the judgment. If the judgment debtor is

personally served with an order to appear pursuant to this section,

the judge issuing the order may authorize the issuance of either a

contempt citation or a bench warrant for the judgment debtor’s

failure to comply with the order. If the judgment debtor is served

by other than personal service, the judge may authorize the issuance

of a contempt citation for the judgment debtor’s failure to comply

with the order.

B. At any time after a final judgment, order, or decree is

filed, an attorney for a judgment creditor may:

1. Subpoena the judgment debtor, pursuant to Section 2004.1 of

this title, to appear at any place in the county in which the

judgment, order, or decree was rendered, or the judgment debtor’s

county of residence, to answer concerning the judgment debtor’s

property, income, or liabilities, or to produce documents concerning

the debtor’s property, income, or liabilities. The judgment debtor

shall not be entitled to an attendance fee or mileage;

2. Subpoena any person, pursuant to Section 2004.1 of this

title, to appear at any place in the county where the person is

located, or where service may otherwise be had on the person, to

answer concerning the judgment debtor’s property, income, or

liabilities, or to produce documents concerning the judgment

debtor’s property, income, or liabilities; or

3. Serve interrogatories, requests for admissions, or request

for production of documents, pursuant to Section 3224 et. seq. of

this title, upon the judgment debtor, concerning the judgment

debtor’s property, income, or liabilities.

C. Failure by any person, without good cause, to obey a

subpoena issued and served pursuant to this section by personal

service may be deemed a contempt of the court from which the

subpoena issued.

D. In addition to sums otherwise due under a final judgment,

order, or decree if an order, subpoena, citation for failure to obey

an order to appear or discovery request is served upon the judgment

debtor or any person under this section, the judgment creditor shall

be entitled to costs of service and, if represented by an attorney,

to an attorney fee of One Hundred Dollars ($100.00) for each order

or subpoena to appear, citation for failure to obey an order or

subpoena to appear, and discovery request; provided, attorney fees

awarded pursuant to this subsection relating to a judgment, order,

or decree shall not exceed Three Hundred Dollars ($300.00) in any

calendar year.

Oklahoma Statutes - Title 12. Civil Procedure Page 166