reglab/housing_qa huggingface dataset:
12 OK Stat § 12-1101 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1101. Offer to allow judgment to be taken.

|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 If the notice of acceptance be not given in the period limited, the offer shall be deemed withdrawn, and shall not be given in evidence or mentioned on the trial.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. |R.L. 1910, § 5301.
12 OK Stat § 12-1102 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1102. Offer not ground for continuance.

|The making of an offer, pursuant to the provisions contained in the foregoing section, shall not be a cause for a continuance of an action or a postponement of the trial. |R.L. 1910, § 5302.
12 OK Stat § 12-1103 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1103. Submission of controversy without suit.

|Parties to a question, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court, which would have jurisdiction if an action had been brought. But it must appear, by affidavit, that the controversy is real, and the proceedings in good faith to determine the rights of the parties. The court shall thereupon hear and determine the case, and render judgment as if an action were pending. |R.L. 1910, § 5303.
12 OK Stat § 12-1104 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1104. Record, submission without suit.

|The case, the submission and a copy of the judgment shall constitute the record. |R.L. 1910, § 5304.
12 OK Stat § 12-1105 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1105. Judgment and reversal, submission without suit.

|The judgment shall be with costs, may be enforced, and shall be subject to reversal in the same manner as if it had been rendered in an action unless otherwise provided in the submission. |R.L. 1910, § 5305.
12 OK Stat § 12-1106 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1106. Offer to confess judgment in part.

|After an action for the recovery of money is brought, the defendant may offer in court to confess judgment for part of the amount claimed, or part of the causes involved in the action; whereupon, if the plaintiff, being present, refuse to accept such confession of judgment in full of his demands against the defendant in the action, or, having had such notice that the offer would be made, of its amount, and of the time of making it, as the court shall deem reasonable, fail to attend, and on the trial do not recover more than was so offered to be confessed, such plaintiff shall pay all the costs of the defendant incurred after the offer. The offer shall not be deemed to be an admission of the cause of action, or the amount to which the plaintiff is entitled, nor be given in evidence upon the trial. |R.L. 1910, § 5306.
12 OK Stat § 12-1107 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1107. Surety may sue principal for performance.

|A surety may maintain an action against his principal, to compel him to discharge the debt or liability for which the surety is bound, after the same has become due. |R.L. 1910, § 5307.
12 OK Stat § 12-1108 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1108. Suit by surety before liability due.

|A surety may maintain an action against his principal, to obtain indemnity against the debt or liability for which he is bound, before it is due, whenever any of the grounds exist, upon which, by the provisions of this code, an order may be made for arrest and bail, or for an attachment. |R.L. 1910, § 5308.
12 OK Stat § 12-1109 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1109. Remedies.

|In such action the surety may obtain any of the provisional remedies mentioned in Articles eight, nine and ten upon the grounds and in the manner therein prescribed. |R.L. 1910, § 5309.
12 OK Stat § 12-1116 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1116. Order defined.

|Every direction of a court or judge made or entered in writing, and not included in a judgment, is an order. |R.L. 1910, § 5316.
12 OK Stat § 12-1117 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1117. Orders to be entered.

|Orders made out of court shall be forthwith entered by the clerk in the journal of the court, in the same manner as orders made in term. |R.L. 1910, § 5317.
12 OK Stat § 12-1118 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1118. Powers of judges at chambers.

|Judges of the district, superior and county courts shall within their respective districts and counties be authorized to hear and determine at chambers, motions to dissolve attachments and injunctions, and generally to exercise such supervisory control of the other officers and processes of their courts as to prevent abuses or oppression thereby or thereof. |R.L. 1910, § 5318.
12 OK Stat § 12-1141 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1141. Action to quiet title - Sham legal process.

|A. An action may be brought by any person in possession, by himself or tenant, of real property against any person who claims an estate or any interest therein adverse to the person bringing the action for the purpose of determining such adverse estate or interest, and such action may be joined with an action to recover possession of such real property by any person not in possession. The person or persons bringing such action shall not be required to allege the particular estate or interest claimed adversely by the person or persons against whom the action is brought, but may allege that the defendants' claim is adverse to that of the plaintiffs. |B. If an action is brought to quiet title alleging that the adverse claim is sham legal process, as defined by Section 1533 of Title 21 of the Oklahoma Statutes, the court may award costs and reasonable attorneys fees to the prevailing party. If the plaintiff prevails in the action, the court shall order the defendant to pay the plaintiff three times the damages that the plaintiff may have sustained as a result of the sham legal process. A quiet title action pursuant to this subsection shall be independent of any criminal action that may be filed against the defendant, and there shall be no requirement that the defendant in such an action be convicted of any criminal act.R.L. 1910, § 4927. Amended by Laws 1910-11, c. 10, p. 25, § 1; Laws 1957, p. 82, § 1, emerg. eff. June 1, 1957; Laws 1983, c. 33, § 1, eff. Nov. 1, 1983; Laws 1997, c. 405, § 5, emerg. eff. June 13, 1997; Laws 1998, c. 57, § 1, emerg. eff. April 7, 1998; Laws 2000, c. 147, § 6, eff. Nov. 1, 2000.
12 OK Stat § 12-1141.1 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1141.1. Short title.

|This act shall be known and may be cited as the “Nonjudicial Marketable Title Procedures Act”. |Added by Laws 2000, c. 147, § 1, eff. Nov. 1, 2000.
12 OK Stat § 12-1141.3 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1141.3. Procedures alternative to quiet title action to remove cloud on title.

|A. Any person or any entity having an interest or claiming an interest with respect to any parcel of real property who in good faith asserts that there is an instrument filed in the real property records of the county in which the real property, or some portion of the real property, is located and who would otherwise be required to file a quiet title action with respect to the parcel pursuant to the provisions of Section 1141 of Title 12 of the Oklahoma Statutes, may use the procedures authorized by this act to attempt to remove a cloud or an apparent cloud on the title of the real property by requesting a respondent to prepare a curative instrument or to take corrective action. |B. The provisions of this act are permissive and shall not be required as a condition precedent to the filing of a petition to quiet title pursuant to Section 1141 of Title 12 of the Oklahoma Statutes.C. If making a request pursuant to this act, the requestor shall send a notice to the respondent which shall include:1. The specific identity of the person or entity requesting the respondent to execute or to execute and deliver a curative instrument or take other corrective action the purpose of which is to remove a cloud or an apparent cloud on the title of the subject parcel;2. A specific identification of the conveyance, instrument or other document, by reference to:a.the county or counties in which the instrument or document is filed for record,b.the book and page number in which the instrument or other document is recorded,c.the identity of the grantor or the person or entity subscribing the instrument, (if different than the identified grantor),d.the identity of the grantee or grantees,e.the legal description of the real property contained in the instrument,f.the date the instrument was executed,g.the date the instrument was filed for record, andh.such other information as may be required in order for the respondent to know with reasonable certainty the exact instrument or instruments to which the requestor is referring;3. The nature of the assertion by the requestor regarding the effect of the instrument or document as a cloud or an apparent cloud upon the title of the subject parcel; and4. The nature of the corrective action sought by the requestor, including, but not limited to, the exact instrument or conveyance which the requestor would accept from the respondent as a curative instrument or other corrective action.D. The requestor shall prepare and send with the notice the exact instrument or conveyance which the requestor would accept from the respondent as a curative instrument or other corrective action.Added by Laws 2000, c. 147, § 3, eff. Nov. 1, 2000.
12 OK Stat § 12-1141.4 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1141.4. Notice – Respondent’s request for clarification or 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.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.Added by Laws 2000, c. 147, § 4, eff. Nov. 1, 2000.
12 OK Stat § 12-1141.5 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1141.5. Liability for damages, costs and attorney fees.

|A. If a requestor prepares a notice pursuant to Section 3 of this act, and: |1. The respondent receives the notice and fails to respond, or2. The respondent requests clarification or additional information and then subsequently refuses to execute and deliver a curative instrument or to take the corrective action identified in the notice, or3. The respondent refuses to claim the notice, or4. The respondent receives the notice and refuses to take the action requested in the notice,then in the event that the requestor files an action to quiet title to the subject parcel pursuant to Section 1141 of Title 12 of the Oklahoma Statutes, and the civil action results in a judgment for the plaintiff which could have been accomplished through the execution and delivery of a curative instrument or the taking of corrective action identified in a notice, the plaintiff in the quiet title action, in addition to any other requested relief, shall be entitled to recover damages equal to the actual expenses incurred by the plaintiff in identifying the relevant instrument, preparing the notice to the respondent pursuant to Section 3 of this act, and the expenses of litigation directly related to obtaining judgment quieting title in the plaintiff with respect to the interest or apparent interest forming the basis of the action against the respondent, including costs and reasonable attorney fees.B. If a defendant in the quiet title action who either failed to respond to a notice pursuant to Section 4 of this act or who refused to execute and deliver a curative instrument or take corrective action identified in the notice prevails in the quiet title action, the defendant in the quiet title action, in addition to any other requested relief, shall be entitled to recover damages equal to the actual expenses incurred by the defendant in responding to the notice from the requestor pursuant to Section 4 of this act, and the expenses of litigation directly related to obtaining judgment quieting title in the defendant or asserting an affirmative defense with respect to the interest or apparent interest forming the basis of the action against the defendant, including costs and reasonable attorney fees.Added by Laws 2000, c. 147, § 5, eff. Nov. 1, 2000.
12 OK Stat § 12-1142 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1142. Actions to recover real property.

|In actions for the recovery of real property, it shall be necessary for the plaintiff to set forth in detail the facts relied upon to establish his claim, and to attach to his petition copies of all deeds or other evidences of title, as in actions upon written contracts; and he must establish the allegations of his petition, whether answer be filed or not. |R.L. 1910, § 4928.
12 OK Stat § 12-1143 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1143. Answer in action to recover real property.

|It shall be sufficient in such action, if the defendant in his answer, deny, generally, the title alleged in the petition, or that he withholds the possession, as the case may be, but if he deny the title of the plaintiff, possession by the defendant shall be taken as admitted. Where he does not defend for the whole premises, the answer shall describe the particular part of which defense is made. |R.L. 1910, § 4929.
12 OK Stat § 12-1144 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1144. Action by tenant against cotenant.

|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.
12 OK Stat § 12-1145 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1145. Recovery where plaintiff's right ceases during action.

|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.
12 OK Stat § 12-1146 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1146. New trial in action to recover real property.

|In all actions for the recovery of real property one trial only shall be granted as a matter of right, but the party against whom the judgment is rendered may secure a new trial in the same manner and for the same reasons as new trials are awarded in other civil cases. |R.L. 1910, § 4932.
12 OK Stat § 12-1147.1 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1147.1. Determination of rights of living persons and persons not in being - Direction for sale and holding proceeds in trust.

|If it shall appear in any suit or proceeding in a district court involving real estate that any person or persons not in being are or may become entitled to, or may upon coming into being claim to be entitled to, any future interest in such real estate, legal or equitable, and if it further appears to be expedient or for the best interests of all concerned, the court may by order determine the rights of all living persons in such real estate and the circumstances under which persons not then in being may claim an interest therein in the future and determine the nature and extent of any such interest or claim and may direct the sale of the full title to the real estate in which such future interest may be claimed, and direct that the proceeds of the sale shall be held as a trust in lieu of the real estate so sold to be administered as hereinafter provided. |Added by Laws 1953, p. 58, § 1, emerg. eff. June 1, 1953.
12 OK Stat § 12-1147.2 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1147.2. Possible claim affecting undivided interest.

|When, under the circumstances stated in Section 1, the possible claim of persons not in being affect only an undivided interest in the full fee simple title to a tract of real estate, such undivided interest only may be sold under the provisions of this act, and the title to the other undivided interest therein shall not, in such case, be affected by said sale. |Added by Laws 1953, p. 58, § 2, emerg. eff. June 1, 1953.
12 OK Stat § 12-1147.3 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1147.3. Parties to proceedings - Representation of persons not in being - Guardian ad litem.

|No sale of real estate hereunder shall be made unless all persons interested in the real estate to be sold (which shall be the full fee simple title in the tract sold if the possible claims of the person or persons not in being affect the full fee simple title thereto, or the full undivided interest in the tract sold if such possible claims affect only such undivided interest) are made parties to said proceedings; provided that where the real estate to be sold is subject to a mortgage or other lien, the mortgagee or lienholder need not be made a party to said proceedings if the sale is made subject to such mortgage or lien. Where the person or persons not in being who may claim an interest in the real estate sold belong to a class of which there is a living member or members whose interests do not conflict with those not in being, such living member or members of said class may be made parties plaintiff or defendant and may appear on behalf of themselves and the unborn members of the class, but in every case the court shall appoint a disinterested person as guardian ad litem for such person or persons not in being, and such guardian ad litem shall be required to file a written answer or other pleading fully disclosing the possible interests of such unborn persons and take all appropriate steps to protect their interests. |Added by Laws 1953, p. 58, § 3, emerg. eff. June 1, 1953.
12 OK Stat § 12-1147.4 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1147.4. Sale - Trustee - Notice - Terms - Return - Deed - Confirmation.

|Where a sale is made under the provisions of this act, the court may appoint a trustee to make such sale on such terms as it may deem advisable, at public or private sale, with or without notice, and on such terms as to the payment of the purchase price as the court may direct and in the event the sale is made partly in cash and partly on credit, the unpaid balance of the purchase money shall be evidenced by a first mortgage secured by the real estate sold. The trustee appointed to sell said real estate shall make a verified return of sale and, upon confirmation by the court, shall execute a trustee's deed conveying the fee simple title to the real estate sold. Said deed shall vest in the purchaser the full fee simple title to said real estate and the rights and claims of all persons who held an interest therein prior to the sale, including all those of a class not then in being, shall be forever barred. The court shall not confirm said sale unless it shall have received satisfactory evidence that the sale was fairly conducted and that a higher price cannot be obtained and furthermore that the sale is for the best interest of all parties who have or may claim an interest therein. |Added by Laws 1953, p. 58, § 4, emerg. eff. June 1, 1953.
12 OK Stat § 12-1147.5 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1147.5. Trust in proceeds of sale.

|Upon confirming the sale of real estate under the provisions of Section 1147.4 of this title, the court shall direct that the proceeds of the sale, including any purchase money mortgage which may be accepted as a part of the purchase price, less any costs chargeable against the same, constitute a trust to be managed and invested under the continuing jurisdiction of the court and, except as may be otherwise directed by the court, in accordance with the provisions of the Oklahoma Trust Act and the Oklahoma Uniform Prudent Investor Act. The trustee appointed to make said sale may be continued as trustee for the administration of the trust or the court may appoint a different trustee for the purpose of administering the trust. In the order of confirmation of sale and the appointment of the trustee to administer the trust, the court shall make appropriate provisions with respect to the term during which the trust shall be administered and how the income and principal thereof shall be distributed. |Added by Laws 1953, p. 59, § 5, emerg. eff. June 1, 1953. Amended by Laws 1995, c. 351, § 17, eff. Nov. 1, 1995.
12 OK Stat § 12-1147.6 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1147.6. Fees and costs.

|The court shall fix all fees and costs including reasonable compensation for the guardian or guardians ad litem and trustee and assess the same against the trust assets or, in the event the sale is not made, against the parties to the proceedings who are sui juris as equity may require. |Added by Laws 1953, p. 58, § 6, emerg. eff. June 1, 1953.