reglab/housing_qa huggingface dataset:
12 OK Stat § 12-1148.1 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1148.1. Jurisdiction - Forcible entry and detention - Joinder 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. |Added by Laws 1968, c. 172, § 1, eff. Jan. 13, 1969. Amended by Laws 1978, c. 257, § 36, eff. Oct. 1, 1978.
12 OK Stat § 12-1148.2 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1148.2. Powers of court.

|The court shall have power to inquire, in the manner hereinafter directed, as well against those who make unlawful and forcible entry into lands and tenements, and detain the same, as against those who, having a lawful and peaceable entry into land or tenements, unlawfully and by force hold the same, and if it be found, upon such inquiry, that an unlawful and forcible entry has been made, and that the same lands and tenements are held unlawfully, then the court shall cause the party complaining to have restitution thereof. |Added by Laws 1968, c. 172, § 2, eff. Jan. 13, 1969.
12 OK Stat § 12-1148.3 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1148.3. Extent of jurisdiction.

|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. This section is not to be construed as limiting the provisions of the preceding section. |Added by Laws 1968, c. 172, § 3, eff. Jan. 13, 1969. Amended by Laws 1978, c. 87, § 1, eff. Oct. 1, 1978.
12 OK Stat § 12-1148.4 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1148.4. Issuance and return of summons - Content - Amending pleading to conform to evidence.

|The summons shall be issued and returned as in other cases, except that it shall command the sheriff, or other person serving it, to summon the defendant to appear for trial at the time and place specified therein, which time shall be not less than five (5) days nor more than ten (10) days from the date that the summons is issued. The summons shall apprise the defendant of the nature of the claim that is being asserted against him; and there shall be endorsed upon the summons the relief sought and the amount for which the plaintiff will take judgment if the defendant fails to appear. In all cases, pleadings may be amended to conform to the evidence. |Added by Laws 1968, c. 172, § 4. Amended by Laws 1969, c. 136, § 1, emerg. eff. April 9, 1969; Laws 1980, c. 63, § 1, eff. Oct. 1, 1980.
12 OK Stat § 12-1148.5 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1148.5. Service of summons.

|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. |Added by Laws 1968, c. 172, § 5, eff. Jan. 13, 1969. Amended by Laws 1989, c. 347, § 1, eff. Nov. 1, 1989.
12 OK Stat § 12-1148.5A (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1148.5A. Constructive service of summons.

|If, in the exercise of reasonable diligence, service cannot be made upon the defendant personally nor upon any person residing upon the premises over fifteen (15) years of age, then in lieu of service by certified mail, service may be obtained for the sole purpose of adjudicating the right to restitution of the premises by the sheriff's posting or by private process service posting of said summons conspicuously on the building on the premises, and, if there be no building on said premises, then by posting the same at some conspicuous place on the premises sought to be recovered at least five (5) days prior to the date of trial, and by the claimant's mailing a copy of said summons to the last-known address of the defendant by certified mail at least five (5) days prior to said date of trial. Such service shall confer no jurisdiction upon the court to render any judgment against the defendant for the payment of money nor for any relief other than the restoration of possession of the premises to the claimant, unless the defendant appears at trial. If the court only renders a judgment for restoration of possession of the premises, the claimant shall not be precluded from pursuing a subsequent action for the payment of rent. A judgment for forcible entry and detainer shall not preclude the property owner from pursuing a subsequent action for other monetary relief. Such service shall not be rendered ineffectual by the failure of the defendant to actually see or receive such posted process nor by the failure of the defendant to actually receive or sign a return receipt for such mailed process. |Added by Laws 1976, c. 68, § 1. Amended by Laws 1989, c. 205, § 1, eff. Nov. 1, 1989; Laws 1989, c. 347, § 2, eff. Nov. 1, 1989; Laws 1990, c. 89, § 1, eff. Sept. 1, 1990; Laws 1996, c. 339, § 1, eff. Nov. 1, 1996; Laws 2018, c. 103, § 1, eff. Nov. 1, 2018.
12 OK Stat § 12-1148.6 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1148.6. Answer or affidavit by defendant.

|A. In all cases in which the defendant wishes to assert title to the land or that the boundaries of the land are in dispute, he shall, before the time for the trial of the cause, file a verified answer or an affidavit which contains a full and specific statement of the facts constituting his defense of title or boundary dispute. If the defendant files such a verified answer or affidavit, the action shall proceed as one in ejectment before the proper division of the district court. If the defendant files an affidavit he shall file answer within ten (10) days after the date the affidavit is filed. |B. In all cases in which the cause of action is based on an asserted breach of a lease by the defendant, or the termination or expiration of a lease under which the defendant claims an interest in the property in a verified answer or affidavit, the plaintiff may proceed with the forcible entry and detainer action instead of an ejectment action.C. No answer by the defendant shall be required before the time for trial of the cause.Added by Laws 1968, c. 172, § 6, eff. Jan. 13, 1969. Amended by Laws 1978, c. 87, § 2, eff. Oct. 1, 1978.
12 OK Stat § 12-1148.7 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1148.7. Jury trial - Trial by court.

|If neither party demands a jury trial on or before the day of trial, the court shall try the cause. |Added by Laws 1968, c. 172, § 7, eff. Jan. 13, 1969.
12 OK Stat § 12-1148.8 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1148.8. Procedure where no jury available.

|If a jury be demanded by either party, and no jury is available from the general panel, the judge shall immediately direct that an open venire be issued to the sheriff of the county, or one of his deputies, for such number of jurors as may be deemed necessary, to be selected from the body of the county without resorting to the jury wheel. The persons selected shall have the qualifications of jurors. |Added by Laws 1968, c. 172, § 8, eff. Jan. 13, 1969.
12 OK Stat § 12-1148.9 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1148.9. Attorney fee.

|A reasonable attorney fee shall be allowed by the court to the prevailing party. |Added by Laws 1968, c. 172, § 9, eff. Jan. 13, 1969.
12 OK Stat § 12-1148.10 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1148.10. Writ of execution - Form - New trial.

|If judgment be for plaintiff, the court shall, at the request of the plaintiff, his or her agent or attorney, issue a writ of execution thereon, which shall be in substantially the following form: |The State of Oklahoma, _______ County.The State of Oklahoma to the Sheriff of ________ County:Whereas, in a certain action for the forcible entry and detention (or for the forcible detention as the case may be) of the following described premises, to wit: ______________ lately tried before me, wherein _________ was plaintiff, and _______ was defendant, judgment was rendered on the ____ day of ______, 20__, that the plaintiff have restitution of said premises; and also that he or she recover rent, attorney fees and costs in the sum of ______; you, therefore, are hereby commanded to cause the defendant to be forthwith removed from said premises and the said plaintiff to have physical possession of the same, and make all accruing costs, and of this writ, make legal service and due return.Witness my hand this _____ day of ________, 20__._______________A.B., JudgeA motion for a new trial may be filed only within three (3) days of judgment but shall not operate to stay execution.Added by Laws 1968, c. 172, § 10, eff. Jan. 13, 1969. Amended by Laws 2021, c. 69, § 1, eff. Nov. 1, 2021.
12 OK Stat § 12-1148.10B (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1148.10B. Curing of default - Good faith claim of failure to provide minimum services.

|A. A tenant shall be allowed to cure a default in a forcible entry and detainer action in the following instance: |The default of the tenant was due to unpaid rent which was unpaid due to the good faith claim of a tenant that the landlord failed to provide the minimum services required by subsection C of Section 121 of Title 41 of the Oklahoma Statutes; provided that written notice of said claim or actual notice to the landlord's agent for collecting rent is provided within ten (10) days of the date that rent became due.B. In such instance, the order of the court must recite that the tenant by paying the judgment including court costs and attorney fees, by cash or cashier's check, within seventy-two (72) hours can avoid a writ of execution, cure the breach and remain in the premises.Added by Laws 1990, c. 172, § 1, eff. Sept. 1, 1990.
12 OK Stat § 12-1148.13 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1148.13. Codification.

|This act shall be incorporated in Title 12, Oklahoma Statutes. |Added by Laws 1968, c. 172, § 13, eff. Jan. 13, 1969.
12 OK Stat § 12-1148.14 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1148.14. Forcible entry and detainer action not exceeding jurisdictional amount for small claims court - Small claims docket.

|An action for forcible entry and detainer brought pursuant to procedures prescribed otherwise in this title standing alone or when joined with a claim for recovery of rent, damages to the premises, or a claim arising under the Oklahoma Residential Landlord and Tenant Act, where the total recovery sought, exclusive of attorney's fees and other court costs, does not exceed the jurisdictional amount for the small claims court, shall be placed on the small claims docket of the district court. The district courts may provide by court rule that any action for forcible entry and detainer may be assigned to the small claims division for determination of the right to possession, regardless of the underlying amount in controversy, at the conclusion of which, the matter shall be returned to the assigned judge for further proceedings. The court clerk shall in connection with such actions prepare the affidavit, by which the action is commenced, and the summons, and generally assist unrepresented plaintiffs to the same extent that he is now required so to do under the Small Claims Procedure Act, Section 1751 et seq. of this title. |Added by Laws 1971, c. 339, § 5, eff. Oct. 1, 1971. Amended by Laws 1978, c. 257, § 35, eff. Oct. 1, 1978; Laws 1994, c. 343, § 7, eff. Sept. 1, 1994.
12 OK Stat § 12-1148.15 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1148.15. Affidavit - Form.

|The actions for unlawful entry and detainer standing alone or when joined with a claim for collection of rent or damages to the premises, or both, shall be commenced by filing an affidavit in substantially the following form with the clerk of the court: |In the District Court, County of ____________________________, State of Oklahoma._____________________________________Plaintiffvs.No._______________________________________________DefendantSTATE OF OKLAHOMA)) ssCOUNTY OF _______)AFFIDAVIT____________________________, being duly sworn, deposes and says:The defendant resides at _______________________________, in the above-named county, and defendant's mailing address is ______________ ___________________________________________________________________.The defendant is indebted to the plaintiff in the sum of $__________ for rent and for the further sum of $__________ for damages to the premises rented by the defendant; the plaintiff has demanded payment of said sum(s) but the defendant refused to pay the same and no part of the amount sued for herein has been paid,and/orthe defendant is wrongfully in possession of certain real property described as ________________________________________________________ __________________________________________________________________; the plaintiff is entitled to possession thereof and has made demand on the defendant to vacate the premises, but the defendant refused to do so.____________________Subscribed and sworn to before me this _____ day of __________, 19__._________________________________ Notary Public (or Clerk or Judge)Added by Laws 1971, c. 339, § 6, eff. Oct. 1, 1971.
12 OK Stat § 12-1148.16 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1148.16. Summons - Form.

|The summons to be issued in an action for forcible entry and detainer shall be in the following form: |SUMMONSThe State of Oklahoma to the within-named defendant:You are hereby directed to relinquish immediately to the plaintiff herein total possession of the real property described as ___________________________________________________________________ or to appear and show cause why you should be permitted to retain control and possession thereof.This matter shall be heard at ____________________ (name or address of building), in _______________, County of _______________, State of Oklahoma, at the hour of _____ o'clock of _____ day of __________ month, 19__, or at the same time and place three (3) days after service hereof, whichever is the latter. (This date shall be not less than five (5) days from the date summons is issued). You are further notified that if you do not appear on the date shown, judgment will be given against you as follows:For the amount of the claim for deficient rent and/or damages to the premises, as it is stated in the affidavit of the plaintiff and for possession of the real property described in said affidavit, whereupon a writ of assistance shall issue directing the sheriff to remove you from said premises and take possession thereof.In addition, a judgment for costs of the action, including attorney's fees and other costs, may also be given.Dated this _____ day of __________, 19__.___________________________________Clerk of the Court (or Judge)_____________________________Plaintiff or Attorney_____________________________Address_____________________________Telephone NumberAdded by Laws 1971, c. 339, § 7, eff. Oct. 1, 1971. Amended by Laws 1973, c. 187, § 1, emerg. eff. May 17, 1973.
12 OK Stat § 12-1151 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1151. Grounds for attachment.

|The plaintiff in a civil action for the recovery of money may, at or after the commencement thereof, have an attachment against the property of the defendant, and upon the grounds herein stated: |1. When the defendant, or one of several defendants, is a foreign corporation, or a nonresident of this state, (but no order of attachment shall be issued on the ground or grounds in this clause stated for any claim other than a debt or demand arising upon contract, judgment or decree, unless the cause of action arose wholly within the limits of this state, which fact must be established on the trial):2. When the defendant, or one of several defendants, has absconded with intention to defraud his creditors; or,3. Has left the county of his residence to avoid the service of summons; or,4. So conceals himself that a summons cannot be served upon him; or,5. Is about to remove his property, or a part thereof, out of the jurisdiction of the court, with the intent to defraud his creditors; or,6. Is about to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors; or,7. Has property or rights in action, which he conceals; or,8. Has assigned, removed or disposed of, or is about to dispose of, his property, or a part thereof, with the intent to defraud, hinder or delay his creditors; or,9. Fraudulently contracted the debt, or fraudulently incurred the liability or obligations for which the suit is about to be or has been brought; or,10. Where the damages for which the action is brought are for injuries arising from the commission of some felony or misdemeanor, or the seduction of any female; or,11. When the debtor has failed to pay the price or value of any article or thing delivered, which by contract he was bound to pay upon delivery.R.L. 1910, § 4812.
12 OK Stat § 12-1152 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1152. Attachment affidavit.

|An order of attachment shall be issued by the judge of the court in which the action is brought, when: |1. There is filed in the office of the court clerk an application that the court issue an order of attachment which states facts which show:First, The nature of the plaintiff's claim;Second, That it is just;Third, The amount which the affiant believes the plaintiff ought to recover; and,Fourth, The existence of some one of the grounds for an attachment enumerated in Section 1151 of this title.2. The application must be verified by the plaintiff or, where his agent or attorney has personal knowledge of the facts, by said agent or attorney.3. The defendant has been served with a notice, issued by the clerk, which shall notify the defendant that an order of attachment of property is requested and that he may object to the issuance of such an order by a written objection which is filed with the court clerk and mailed or delivered to the plaintiff's attorney within five (5) days of the receipt of the notice. A copy of plaintiff's application shall be attached to and served with the notice, and the notice and application may be served with the summons in the action.4. If no written objection is filed within the five-day period, no hearing is necessary and the clerk may issue the order of attachment. If a written objection is filed within the five-day period, the court shall, at the request of either party, set the matter for a prompt hearing with notice to the adverse party. If the plaintiff proves the probable merit of his cause and the truth of the matters asserted in his application for an order of attachment, the court may issue the order of attachment. Provided, however, before an order of attachment is issued by either the court or the clerk, the plaintiff has executed an undertaking pursuant to Section 1153 of this title.5. If the court finds that the defendant cannot be given notice as provided herein although a reasonable effort was made to notify him, but at the hearing the plaintiff proves the probable merit of his cause and the truth of the matters asserted in his application, the court may issue the order of attachment. The defendant may subsequently move to have the attachment vacated as provided in Section 1241 of this title.R.L. 1910, § 4813. Amended by Laws 1976, c. 87, § 1, emerg. eff. May 4, 1976.
12 OK Stat § 12-1153 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1153. Attachment bonds.

|The order of attachment shall not be issued until an undertaking on the part of the plaintiff has been executed by one or more sufficient sureties, approved by the clerk and filed in his office, in a sum not less than double the amount of the plaintiff's claim, to the effect that the plaintiff shall pay to the defendant all damages that he may sustain by reason of the attachment, including reasonable attorney's fees, if the order be wrongfully obtained; but no undertaking shall be required where the State of Oklahoma is the party plaintiff. |R.L. 1910, § 4814. Amended by Laws 1923, c. 73, p. 140, § 1; Laws 1976, c. 87, § 2, emerg. eff. May 4, 1976.
12 OK Stat § 12-1154 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1154. Order of attachment.

|The order of attachment shall be directed and delivered to the sheriff. It shall require him to attach the lands, tenements, goods, chattels, stocks, rights, credits, moneys and effects of the defendant in his county, not exempt by law from being applied to the payment of the plaintiff's claim, or so much thereof as will satisfy the plaintiff's claim, to be stated in the order as in the affidavit, and the probable cost of the action not exceeding Fifty Dollars ($50.00). |R.L. 1910, § 4815.
12 OK Stat § 12-1155 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1155. Orders to several counties.

|Orders of attachment may be issued to the sheriffs of different counties, and several of them may, at the option of the plaintiff, be issued at the same time, or in succession; but only such as have been executed shall be taxed in the costs, unless otherwise directed by the court. |R.L. 1910, § 4816.
12 OK Stat § 12-1156 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1156. Returnable, when.

|The return day of the order of attachment when issued at the commencement of the action, shall be the same as that of the summons. When issued afterwards, it shall be twenty (20) days after it is issued. |R.L. 1910, § 4817.
12 OK Stat § 12-1157 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1157. Order of execution.

|Where there are several orders of attachment against the defendant, they shall be executed in the order in which they are received by the sheriff. |R.L. 1910, § 4818.
12 OK Stat § 12-1158 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1158. Execution of order.

|The order of attachment shall be executed by the sheriff, without delay. He shall go to the place where the defendant's property may be found, and declare that, by virtue of said order, he attaches said property at the suit of the plaintiff; and the officer, with two householders, who shall be first sworn or affirmed by the officer, shall make a true inventory and appraisement of all the property attached, which shall be signed by the officer and householders, and returned with the order. |R.L. 1910, § 4819.