reglab/housing_qa huggingface dataset:
12 OK Stat § 12-655 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-655. Petition for new trial on grounds discovered more than 10 days after judgment, decree, or appealable order was filed.

|Where the grounds for a new trial could not with reasonable diligence have been discovered before but are discovered more than ten (10) days after the judgment, decree, or appealable order was filed, or where the impossibility of preparing a record for an appeal, without fault of the complaining party, arose more than ten (10) days after the judgment, decree, or appealable order was filed, the application may be made by petition filed in the original case, as in other cases, within thirty (30) days after such discovery or occurrence; on which a summons shall issue, be returnable and served, or publication made, as in the beginning of civil actions, or service may be made on the attorney of record in the original case. The facts stated in the petition shall be considered as denied without answer, and the case shall be heard and summarily decided after the expiration of twenty (20) days from the date of service and not more than sixty (60) days after service, and the witnesses shall be examined in open court, or their depositions taken as in other cases; but no petition shall be filed more than one (1) year after the filing of the final judgment. |R.L. 1910, § 5037. Amended by Laws 1969, c. 304, § 2, emerg. eff. April 28, 1969; Laws 1990, c. 251, § 11, eff. Jan. 1, 1991; Laws 1999, c. 293, § 6, eff. Nov. 1, 1999.
12 OK Stat § 12-661 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-661. Amount of damages recoverable.

|Whenever damages are recoverable, the plaintiff may claim and recover any rate of damages to which he may be entitled for the cause of action established. |R.L. 1910, § 5038.
12 OK Stat § 12-662 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-662. Provisions applicable to trials by court.

|The provisions of this article respecting trials by jury apply, so far as they are in their nature applicable, to trials by the court. |R.L. 1910, § 5039.
12 OK Stat § 12-663 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-663. Trial docket.

|A trial docket shall be made out by the clerk of court, at least twelve (12) days before the first day of each term of the court, and the actions shall be set for particular days in the order prescribed by the judge of the court, and so arranged that the cases set for each day shall be considered as nearly as may be on that day. |R.L. 1910, § 5040.
12 OK Stat § 12-664 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-664. Trial docket for bar.

|The clerk shall make out a copy of the trial docket for the use of the bar, before the first day of the term of court and cause the same to be printed. |R.L. 1910, § 5041.
12 OK Stat § 12-665 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-665. Order of trial of cases docketed.

|The trial of an issue of fact, and the assessment of damages in any case, shall be in the order in which they are placed on the trial docket, unless by the consent of the parties or the order of the court they are continued or placed at the heel of the docket, unless the court, in its discretion, shall otherwise direct. The court may, in its discretion, hear at any time a motion, and may by rule prescribe the time for hearing motions. |R.L. 1910, § 5042.
12 OK Stat § 12-666 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-666. Time of trial.

|Actions shall be triable at the first term of court, after or during which the issues therein, by the time fixed for pleading are, or shall have been made up. When the issues are made up, or when the defendant has failed to plead within the time fixed, the cause shall be placed on the trial docket, and if it be a trial case shall stand for trial at such term ten (10) days after the issues are made up, and shall, in case of default stand for trial forthwith. When any demurrer shall be adjudged to be frivolous the cause shall stand for hearing or trial in like manner as if an issue of fact had been joined in the first instance. |R.L. 1910, § 5043.
12 OK Stat § 12-667 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-667. Continuances - Power to grant - Costs - Continuances and appeals when member of Legislature is party or attorney.

|The court may, for good cause shown, continue an action at any stage of the proceedings upon terms as may be just; provided, that if a party or his attorney of record is serving as a member of the Legislature or the Senate, sitting as a court of impeachment, or within thirty (30) days after an adjournment of a session of the Legislature, such fact shall constitute cause for continuance of the case, and it is mandatory that the court shall grant such continuance upon motion whether such attorney may have been employed before or during the session of the Legislature, and the court shall have no power to exercise its discretion as to the granting of such continuance, and all motions, demurrers and preliminary matters to be heard by the court, the refusal to grant which shall constitute error, and entitle such party to a new trial as a matter of right. When a continuance is granted on account of the absence of evidence, it shall be at the cost of the party making the application unless the court otherwise order. And when any litigant has given notice of appeal from any judgment of any court of record in this state to the Supreme Court or Criminal Court of Appeals and the time for doing any act to perfect such appeal has, or does hereafter lapse during the session of the Legislature, whether regular or special, and the said litigant is a member of the Senate or House of Representatives, of the State of Oklahoma, in such session, or his attorney of record is such member, such litigant or attorney shall have such time after the adjournment of the session of the Legislature to perform such act and complete his appeal as he had at the commencement of the session of the Legislature, of which he or his attorney of record was a member, and all acts done in the perfection of such appeals shall be as valid as if done within the time provided. |R.L. 1910, § 5044. Amended by Laws 1915, c. 236, p. 556, § 1; Laws 1919, c. 263, p. 374, § 1; Laws 1935, p. 2, § 1; Laws 1937, p. 1, § 1; Laws 1955, p. 134, § 1.
12 OK Stat § 12-668 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-668. Affidavit for continuance.

|A motion for a continuance, on account of the absence of evidence, can be made only upon affidavit, showing the materiality of the evidence expected to be obtained, and that due diligence has been used to obtain it, and where the evidence may be; and if it is for an absent witness, the affidavit must show where the witness resides, if his residence is known to the party, and the probability of procuring his testimony within a reasonable time, and what facts he believes the witness will prove, and that he believes them to be true. If thereupon, the adverse party will consent that on the trial the facts, alleged in the affidavit shall be read and treated as the deposition of the absent witness, or that the facts in relation to other evidence shall be taken as proved to the extent alleged in the affidavit, no continuance shall be granted on the ground of the absence of such evidence. |R.L. 1910, § 5045.
12 OK Stat § 12-681 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-681. Judgment defined.

|A judgment is the final determination of the rights of the parties in an action. |R.L. 1910, § 5123.
12 OK Stat § 12-682 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-682. Given for or against whom - Dismissal of petition - Suits against officers, directors and shareholders - Statute of limitations.

|A. Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; it may determine the ultimate rights of the parties on either side, as between themselves, and it may grant to the defendant any affirmative relief to which he or she may be entitled. In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others whenever a several judgment may be proper. The court may also dismiss the petition with costs, in favor of one or more defendants, in case of unreasonable neglect on the part of the plaintiff to serve the summons on other defendants, or proceed in the cause against the defendant or defendants served. |B. No suit or claim of any nature shall be brought against any officer, director or shareholder for the debt or liability of a corporation of which he or she is an officer, director or shareholder, until judgment is obtained therefor against the corporation and execution thereon returned unsatisfied. This provision includes, but is not limited to, claims based on vicarious liability and alter ego. Provided, nothing herein prohibits a suit or claim against an officer, director or shareholder for their own conduct, act or contractual obligation, not within the scope of their role as an officer, director or shareholder, arising out of or in connection with their direct involvement in the same or related transaction or occurrence.C. Members and managers of limited liability companies shall be afforded the same substantive and procedural protection from suits and claims as the protections provided to officers, directors and shareholders of a corporation as set forth in subsection B of this section.D. The statute of limitations on any claim precluded by this section, either against an officer, director or shareholder of a corporation or a member or manager of a limited liability company, shall not accrue until judgment is obtained against the corporation and execution thereon returned unsatisfied.R.L. 1910, § 5124. Amended by Laws 2013, c. 265, § 1, eff. Nov. 1, 2013; Laws 2016, c. 116, § 1, eff. Nov. 1, 2016.
12 OK Stat § 12-683 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-683. Dismissal of action - Grounds and time.

|Except as provided in Section 684.1 of this title, an action may be dismissed, without prejudice to a future action: |1. By the plaintiff, before the final submission of the case to the jury, or to the court, where the trial is by the court;2. By the court, where the plaintiff fails to appear on the trial;3. By the court, for the want of necessary parties;4. By the court, on the application of some of the defendants, where there are others whom the plaintiff fails to prosecute with diligence;5. By the court, for disobedience by the plaintiff of an order concerning the proceedings in the action; and6. In all other cases, upon the trial of the action, the decision must be upon the merits.R.L.1910, § 5125. Amended by Laws 2004, c. 368, § 3, eff. Nov. 1, 2004; Laws 2013, 1st Ex.Sess., c. 13, § 2; Laws 2013, 1st Ex.Sess., c. 13, § 3.NOTE: Laws 2009, c. 228, § 5 was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013) and repealed by Laws 2013, 1st Ex.Sess., c. 13, § 1.
12 OK Stat § 12-684 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-684. Dismissal of case – With and without order of court.

|A. An action may be dismissed by the plaintiff without an order of court by filing a notice of dismissal at any time before pretrial. After the pretrial hearing, an action may only be dismissed by agreement of the parties or by the court. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice. |B. Except as provided in subsection A of this section, an action shall not be dismissed at the plaintiff's request except upon order of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon the defendant of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaims can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this subsection is without prejudice.C. For failure of the plaintiff to prosecute or to comply with the provisions of this section or any order of court, a defendant may move for dismissal of an action or of any claim against the defendant.D. The provisions of this section apply to the dismissal of any counterclaim, cross-claim, or third-party claim. A voluntary dismissal by the claimant alone pursuant to subsection A of this section shall be made before a responsive pleading is served or, if there is none, before the introduction of evidence at the trial or hearing.If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the plaintiff has complied with the order.R.L.1910, § 5126. Amended by Laws 2004, c. 368, § 4, eff. Nov. 1, 2004; Laws 2013, 1st Ex.Sess., c. 13, § 5; Laws 2013, 1st Ex.Sess., c. 13, § 6.NOTE: Laws 2009, c. 228, § 6 was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013) and repealed by Laws 2013, 1st Ex.Sess., c. 13, § 4.
12 OK Stat § 12-684.1 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-684.1. Action brought pursuant to Affordable Access to Health Care Act – Dismissal without order of court.

|A. A medical liability action brought pursuant to the Affordable Access to Health Care Act shall only be dismissed, on the payment of costs and without an order of court: |1. By the plaintiff, before the later of the completion of discovery or the court’s ruling on a motion for summary judgment;2. By the plaintiff at any time before a petition for intervention or answer praying for affirmative relief against the plaintiff is filed in the action. The plaintiff may, at any time before the trial is commenced, on payment of the costs and without any order of the court, dismiss the action after the filing of a petition for intervention or answer praying for affirmative relief, but such dismissal shall not prejudice the right of the intervenor or defendant to proceed with the action. Any defendant or intervenor may, in like manner, dismiss an action against the plaintiff, without an order of the court, at any time before the trial has begun, on payment of costs made on the claim filed by the defendant or intervenor; or3. By agreement of all parties to a civil action at any time before trial.B. Such dismissal shall be in writing and signed by the party or the attorney for the party, and shall be filed with the clerk of the district court where the action is pending, who shall note the fact on the proper record. Provided, such dismissal shall be held to be without prejudice, unless the words "with prejudice" be expressed therein.C. If the court finds that a party has acted in bad faith, vexatiously, wantonly or in an oppressive manner in dismissing an action under this section, the court, pursuant to subsection A of this section, may award reasonable costs against the party and condition the refiling of the case upon payment of the costs.Added by Laws 2004, c. 368, § 5, eff. Nov. 1, 2004.
12 OK Stat § 12-687 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-687. Judgment for conveyance, release or acquittance - Sheriff may execute when party fails to do so.

|When a judgment shall be rendered for a conveyance, release or acquittance, in any court of this state, and the party against whom the judgment shall be rendered does not comply therewith by the time appointed, such judgment shall have the same operation and effect, and be as available, as if the conveyance, release or acquittance had been executed conformably to such judgment; or the court may order such conveyance, release or acquittance to be executed in the first instance by the sheriff; and such conveyance, release or acquittance, so executed, shall have the same effect as if executed by the party against whom the judgment was rendered. |R.L. 1910, § 5129.
12 OK Stat § 12-688 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-688. Taking account or proof or assessment of damages on default or decision of issue of law.

|If the taking of an account, or the proof of a fact, or the assessment of damages, be necessary to enable the court to pronounce judgment upon a failure to answer, or after a decision of an issue of law the court may, with the assent of the party not in default, take the account, hear the proof, or assess the damages; or may, with the like assent, refer the same to a referee or master commissioner, or may direct the same to be ascertained or assessed by a jury. If a jury be ordered, it shall be on or after the day on which the action is set for trial. |R.L. 1910, § 5130.
12 OK Stat § 12-689 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-689. Judgment by confession.

|Any person indebted, or against whom a cause of action exists, may personally appear in a court of competent jurisdiction, and, with the assent of the creditor or person having such cause of action, confess judgment therefor; whereupon judgment shall be entered accordingly. |R.L. 1910, § 5131.
12 OK Stat § 12-696.3 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-696.3. Contents of filed judgments - Decrees and appealable orders - Clerk's endorsement - Service.

|A. Judgments, decrees and appealable orders that are filed with the clerk of the court shall contain: |1. A caption setting forth the name of the court, the names and designation of the parties, the file number of the case and the title of the instrument;2. A statement of the disposition of the action, proceeding or motion, including a statement of the relief awarded to a party or parties and the liabilities and obligations imposed on the other party or parties, including the amount of any prejudgment interest;3. The signature and title of the court; and4. Any other matter approved by the court.B. Judgments, decrees and appealable orders that are filed with the clerk of the court may contain a statement of costs, attorney fees and interest other than prejudgment interest, or any of them, if they have been determined prior to the time the judgment, decree or appealable order is signed by the court in accordance with this section.C. The clerk shall endorse on the judgment, decree or appealable order the date it was filed and the name and title of the clerk.D. A file-stamped copy of the 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, as provided in Section 696.2 of this title.Added by Laws 1993, c. 351, § 10, eff. Oct. 1, 1993. Amended by Laws 1997, c. 102, § 3, eff. May 1, 1997; Laws 2004, c. 181, § 1, eff. Nov. 1, 2004; Laws 2007, c. 12, § 3, eff. Nov. 1, 2007.
12 OK Stat § 12-698 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-698. Judgment notwithstanding verdict.

|When a motion for a directed verdict made at the close of all of the evidence should have been granted, the court shall, at the request of the moving party, grant judgment in the moving party's favor, although a verdict has been found against the moving party, but the court may order a new trial where it appears that the other party was prevented from proving a claim or defense by mistake, accident or surprise. The motion for judgment notwithstanding the verdict, if made, must be filed not later than ten (10) days after the judgment, prepared in conformance with Section 696.3 of this title, is filed with the court clerk. A motion for judgment notwithstanding the verdict may be joined with a motion for a new trial. If the moving party did not prepare the judgment, and Section 696.2 of this title required a copy of the judgment to be mailed to the moving party, and the court records do not reflect the mailing of a copy of the judgment to the moving party within three (3) days, exclusive of weekends and holidays, after the filing of the judgment, the motion for judgment notwithstanding the verdict may be filed no later than ten (10) days after the earliest date on which the court records show that a copy of the judgment was mailed to the moving party. A motion for judgment notwithstanding the verdict filed after the announcement of the verdict but before the filing of the judgment shall be deemed filed immediately after the filing of the judgment or decree. |R.L. 1910, § 5140. Amended by Laws 1961, p. 64, § 1; Laws 1990, c. 251, § 12, eff. Jan. 1, 1991; Laws 1991, c. 251, § 8, eff. June 1, 1991; Laws 1993, c. 351, § 12, eff. Oct. 1, 1993; Laws 1994, c. 343, § 2, eff. Sept. 1, 1994; Laws 1997, c. 102, § 5, eff. May 1, 1997.
12 OK Stat § 12-700 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-700. Judgment against infant - Right of infant to show cause against judgment one year after reaching majority.

|It shall not be necessary to reserve in a judgment or order the right of a minor to show cause against him after his attaining full age; but in any case in which, but for this section, such reservation would have been proper, the minor, within one (1) year after arriving at the age of eighteen (18) years, may show cause against such order or judgment. |R.L. 1910, § 5142. Amended by Laws 1973, c. 14, § 1, eff. Oct. 1, 1973.
12 OK Stat § 12-706.3 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-706.3. Additional cash deposits.

|If during the appeal of a money judgment, money has been deposited by the judgment debtor pursuant to Section 706.2 of this title and the deposit has become insufficient, the judgment creditor may request the trial court to order the deposit of additional cash. The request shall be in the form of a written motion which shall recite the facts which support the request. |If the court finds that the cash deposited is insufficient to cover the whole amount of the judgment, including interest, costs, and any attorneys fees, together with costs and interest on the appeal, the court shall order the deposit of additional cash. If the additional cash is not deposited within a reasonable time set by the court, the judgment creditor may thereafter file a Statement of Judgment, which shall create a lien effective upon its filing with the county clerk as provided in Section 706 of this title, and may enforce the judgment against the property of the judgment debtor including the cash previously deposited with the court clerk.Added by Laws 1955, p. 135, § 2. Amended by Laws 1983, c. 56, § 3, eff. Nov. 1, 1983; Laws 1993, c. 351, § 15, eff. Oct. 1, 1993.
12 OK Stat § 12-707 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-707. Dismissal or default judgment against state - Necessity of proof of notice.

|No order shall be made by any county, district or superior court in this state dismissing, for want of prosecution, any action now pending or hereafter filed, wherein the State of Oklahoma is an interested party and in which the Attorney General or any assistant Attorney General shall appear as attorney of record, for the state, nor shall any judgment by default against the State of Oklahoma be rendered by any such court in such action, unless proof is made (that the Attorney General or assistant Attorney General appearing as counsel for the state, shall have been notified) in writing by registered mail, at least ten (10) days prior to the date set for such trial or hearing that the action has been set for trial. |Added by Laws 1919, c. 45, p. 73, § 1, emerg. eff. April 3, 1919.