reglab/housing_qa huggingface dataset:
12 OK Stat § 12-1656 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1656. Issues of fact.

|When a proceeding under this act involves the determination of an issue of fact, such issue must be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending. |Added by Laws 1961, p. 59, § 6.
12 OK Stat § 12-1657 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1657. Applicability.

|This act shall not be applicable to orders, judgments, or decrees made by the State Industrial Court, the Corporation Commission, or any other administrative agency, board or commission of the State of Oklahoma. |Added by Laws 1961, p. 59, § 8.
12 OK Stat § 12-1701.05 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1701.05. Hearing in another forum - Stay or dismissal of action.

|When the court finds that in the interest of substantial justice the action or proceeding should be heard in another forum, the court may stay or dismiss the action in whole or in part on any conditions that may be just. |Added by Laws 1965, c. 144, art. 1, § 1.05.
12 OK Stat § 12-1752B (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1752B. Venue of actions arising upon contract.

|The venue of civil actions instituted under small claims procedure for the collection of an open account or for the collection of any note or other instrument of indebtedness shall be, at the option of the plaintiff or plaintiffs in either of the following: |(a) in any county in which venue may be properly had as provided by law; or(b) in the county in which the debt was contracted or in which the note or other instrument of indebtedness was given.Added by Laws 1971, c. 249, § 1, eff. Oct. 1, 1971.
12 OK Stat § 12-1754 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1754. Preparation of affidavit - Copies.

|The claimant shall prepare such an affidavit as is set forth in Section 3 of this act, or, at his request, the clerk of said court shall draft the same for him. Such affidavit may be presented by the claimant in person or sent to the clerk by mail. Upon receipt of said affidavit, properly sworn to, the clerk shall file the same and make a true and correct copy thereof, and the clerk shall fill in the blanks in the order printed on said copy and sign the order. |Added by Laws 1968, c. 322, § 4, eff. Jan. 13, 1969.
12 OK Stat § 12-1755 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1755. Service of affidavit and order upon defendant.

|Unless service by the sheriff or other authorized person is requested by the plaintiff, the defendant shall be served by mail. The clerk shall enclose a copy of the affidavit and the order in an envelope addressed to the defendant at the address stated in said affidavit, prepay the postage, and mail said envelope to said defendant by certified mail and request a return receipt from addressee only. The clerk shall attach to the original affidavit the receipt for the certified letter and the return card thereon or other evidence of service of said affidavit and order. If the envelope is returned undelivered and sufficient time remains for making service, the clerk shall deliver a copy of the affidavit and order to the sheriff who shall serve the defendant in the time set in Section 1756 of this title, or at the election of the plaintiff service shall be governed by the provisions of subsection C of Section 2004 of this title. |Added by Laws 1968, c. 322, § 5, eff. Jan. 13, 1969. Amended by Laws 1971, c. 76, § 1; Laws 1993, c. 210, § 1.
12 OK Stat § 12-1756 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1756. Date for appearance of defendant.

|The date for the appearance of the defendant as provided in the order endorsed on the affidavit shall not be more than sixty (60) days nor less than ten (10) days from the date of the order. The order shall be served upon the defendant at least seven (7) days prior to the date specified in the order for the appearance of the defendant. If it is not served upon the defendant, the plaintiff shall apply to the clerk for a new order setting a new day for the appearance of the defendant, which shall not be more than sixty (60) days nor less than ten (10) days from the date of the issuance of the new order. When the clerk has fixed the date for appearance of the defendant, the clerk shall inform the plaintiff, either in person or by certified mail, of the date and order the plaintiff to appear on that date. |Added by Laws 1968, c. 322, § 6, eff. Jan. 13, 1969. Amended by Laws 2000, c. 380, § 3, eff. Nov. 1, 2000.
12 OK Stat § 12-1758 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1758. Counterclaim or setoff by verified answer.

|No formal pleading, other than the claim and notice, shall be necessary, but if the defendant wishes to state new matter which constitutes a counterclaim or a setoff, he shall file a verified answer, a copy of which shall be delivered to the plaintiff in person, and filed with the clerk of the court not later than seventy-two (72) hours prior to the hour set for the first appearance of said defendant in such action. Such answer shall be made in substantially the following form: |COUNTERCLAIM OR SETOFFIn the District Court,County of _______________,State of Oklahoma.____________________Plaintiffvs. Small Claims No. _____________________________DefendantClaim of defendant.STATE OF OKLAHOMA )) ssCOUNTY OF _________)__________, being first duly sworn, deposes and says: That said plaintiff is indebted to said defendant in the sum of $________ for _______, which amount defendant prays may be allowed as a claim against the plaintiff herein.________________________________________________Subscribed and sworn to before me this _____ day of _____, 19__.______________________________________Notary Public (or Clerk or Judge)Added by Laws 1968, c. 322, § 8, eff. Jan. 13, 1969. Amended by Laws 1985, c. 284, § 2, eff. Nov. 1, 1985; Laws 1995, c. 136, § 2, eff. Nov. 1, 1995.
12 OK Stat § 12-1759 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1759. Claim, counterclaim, or setoff maximum dollar value.

|A. Except as provided by subsection C of this section, if a claim, a counterclaim, or a setoff is filed, prior to the expiration of the time prescribed by Section 1758 of this title, for an amount in excess of Ten Thousand Dollars ($10,000.00), the action shall be transferred to another docket of the district court unless both parties agree in writing and file the agreement with the papers in the action that the claim, counterclaim, or setoff shall be tried under the small claims procedure. If such an agreement has not been filed, a judgment in excess of Ten Thousand Dollars ($10,000.00) may not be enforced for the part that exceeds Ten Thousand Dollars ($10.000.00). If the action is transferred to another docket of the district court, the person whose claim exceeded Ten Thousand Dollars ($10,000.00) shall deposit with the clerk the court costs that are charged in other cases, less any sums that have been already paid to the clerk, or the claim shall be dismissed and the remaining claims, if any, shall proceed under the small claims procedure. |B. If the action is transferred to another docket of the district court, the plaintiff shall file a petition that conforms to the standards for pleadings prescribed by the Oklahoma Pleading Code, Section 2001 et seq. of this title, within twenty (20) days from the timely filing of the claim, counterclaim, or setoff. The answer of the defendant shall be due within twenty (20) days after the filing of the petition.C. Except as provided by Section 1757 of this title, if a defendant does not file a counterclaim within the period prescribed by Section 1758 of this title, the action shall not be transferred to another docket of the district court.Added by Laws 1968, c. 322, § 9, eff. Jan. 13, 1969. Amended by Laws 1976, c. 253, § 2, eff. Oct. 1, 1976; Laws 1981, c. 240, § 2, eff. Oct. 1, 1981; Laws 1983, c. 273, § 1, operative July 1, 1983; Laws 1989, c. 81, § 2, eff. Nov. 1, 1989; Laws 1995, c. 136, § 3, eff. Nov. 1, 1995; Laws 1996, c. 339, § 3, eff. Nov. 1, 1996; Laws 2005, c. 122, § 1, eff. Nov. 1, 2005; Laws 2012, c. 282, § 2, eff. Nov. 1, 2012; Laws 2017, c. 389, § 3, eff. Nov. 1, 2017.
12 OK Stat § 12-1760 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1760. Attachment or garnishment - Depositions - Interrogatories - New parties - Intervention.

|No attachment or prejudgment garnishment shall issue in any suit under the small claims procedure. Proceedings to enforce or collect a judgment rendered by the trial court in a suit under the small claims procedure shall be in all respects as in other cases; provided, however, judgments, other than default judgments, for the payment of money may be enforced or collected as prescribed in Section 4 of this act. No depositions shall be taken or interrogatories or other discovery proceeding shall be used under the small claims procedure except in aid of execution. No new parties shall be brought into the action, and no party shall be allowed to intervene in the action. |Added by Laws 1968, c. 322, § 10, eff. Jan. 13, 1969. Amended by Laws 1970, c. 211, § 1; Laws 1971, c. 339, § 3, eff. Oct. 1, 1971; Laws 1988, c. 78, § 1, eff. Nov. 1, 1988.
12 OK Stat § 12-1761 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1761. Trial by court - Request for reporter or jury - Evidence - Informality - Mailing of judgment.

|Actions under the small claims procedure shall be tried to the court without a jury, unless the amount of the claim, counterclaim, or setoff exceeds One Thousand Five Hundred Dollars ($1,500.00); provided, if either party wishes a reporter or if either party to an action in which the claim, counterclaim, or setoff exceeds One Thousand Five Hundred Dollars ($1,500.00) wishes a jury, he must notify the clerk of the court in writing at least two (2) working days before the date set for the defendant's appearance and must deposit Fifty Dollars ($50.00) with said notice with the clerk. The plaintiff and the defendant shall have the right to offer evidence in their behalf by witnesses appearing at such hearing, and the judge may call such witnesses and order the production of such documents as he may deem appropriate. The hearing and disposition of such actions shall be informal with the sole object of dispensing speedy justice between the parties. |The prevailing party shall mail a file-stamped copy of the judgment by first-class mail to all other parties who have entered an appearance in the action at their last-known addresses and file a certificate of mailing with the court clerk.Added by Laws 1968, c. 322, § 11, eff. Jan. 13, 1969. Amended by Laws 1978, c. 212, § 2, eff. July 1, 1978; Laws 1989, c. 205, § 2, eff. Nov. 1, 1989; Laws 1991, c. 15, § 2, eff. July 1, 1991; Laws 1992, c. 357, § 2, eff. July 1, 1992; Laws 1997, c. 102, § 10, eff. May 1, 1997.
12 OK Stat § 12-1762 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1762. Payment of judgment.

|If judgment be rendered against either party for the payment of money, said party shall pay the same immediately or pay the judgment in accordance with a judgment satisfaction plan arranged by the court. |Added by Laws 1968, c. 322, § 12, eff. Jan. 13, 1969. Amended by Laws 1988, c. 78, § 2, eff. Nov. 1, 1988.
12 OK Stat § 12-1763 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1763. Appeals.

|Appeals may be taken from the judgment rendered under small claims procedure to the Supreme Court of the state in the same manner as appeals are taken in other civil actions. |Added by Laws 1968, c. 322, § 13, eff. Jan. 13, 1969.
12 OK Stat § 12-1764 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1764. Fees.

|A fee of Forty-five Dollars ($45.00) shall be charged and collected for the filing of the affidavit for the commencement of any action for an amount of Five Thousand Dollars ($5,000.00) or less. Any action in excess of Five Thousand Dollars ($5,000.00) shall be subject to the filing fees provided in Title 28 of the Oklahoma Statutes for the same kind of action as filed in district court. For the filing of any counterclaim or setoff, fees shall be charged and collected pursuant to Section 152.1 of Title 28 of the Oklahoma Statutes. Except as otherwise provided in Section 1772 of this title, no other fee or charge shall be collected by any officer for any service rendered pursuant to the provisions of the Small Claims Procedure Act, or for the taking of affidavits for use in connection with any action tried pursuant to the provisions of the Small Claims Procedure Act. If the affidavit and order are served by the sheriff or a licensed private process server, the court clerk shall collect the usual fee for the sheriff, which shall be taxed as costs in the case. The fee paid to a licensed private process server, as approved by the court, shall be taxed as additional costs in the case. After judgment, the court clerk shall issue such process and shall be entitled to collect only such fees and charges as are allowed by law for like services in other actions. All fees collected as authorized by this section and Section 1772 of this title shall be deposited with other fees that are collected by the district court. Any statute providing for an award of attorney fees shall be applicable to the small claims division if the attorney makes an appearance in the case, whether before or after judgment or on hearing for disclosure of assets. |Added by Laws 1968, c. 322, § 14, eff. Jan. 13, 1969. Amended by Laws 1969, c. 285, § 1; Laws 1971, c. 339, § 4, eff. Oct. 1, 1971; Laws 1976, c. 15, § 1; Laws 1978, c. 212, § 3, eff. July 1, 1978; Laws 1981, c. 242, § 1, operative July 1, 1981; Laws 1982, c. 256, § 1, operative Oct. 1, 1982; Laws 1983, c. 273, § 2, operative July 1, 1983; Laws 1987, c. 181, § 9, eff. July 1, 1987; Laws 1988, c. 78, § 3, eff. Nov. 1, 1988; Laws 1988, c. 327, § 1, operative Aug. 1, 1988; Laws 1989, c. 205, § 3, eff. Nov. 1, 1989; Laws 1989, c. 353, § 12, emerg. eff. June 3, 1989; Laws 1997, c. 400, § 3, eff. July 1, 1997; Laws 2003, c. 440, § 2, eff. July 1, 2003; Laws 2004, c. 447, § 3, emerg. eff. June 4, 2004; Laws 2017, c. 389, § 4, eff. Nov. 1, 2017.NOTE: Laws 1989, c. 81, § 3 repealed by Laws 1989, c. 353, § 12, emerg. eff. June 3, 1989.
12 OK Stat § 12-1765 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1765. Costs.

|The prevailing party in an action is entitled to costs of the action, including the costs of service of the order for the appearance of the defendant and the costs of enforcing any judgment rendered therein. |Added by Laws 1968, c. 322, § 15, eff. Jan. 13, 1969.
12 OK Stat § 12-1766 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1766. Citation - Codification.

|This act shall be known as "The Small Claims Procedure Act," and shall be incorporated in Title 12, Oklahoma Statutes. |Added by Laws 1968, c. 322, § 16, eff. Jan. 13, 1969.
12 OK Stat § 12-1770 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1770. Small claims judgment as lien - Release.

|A. A judgment granted under the Small Claims Procedure Act, Section 1751 et seq. of Title 12 of the Oklahoma Statutes, shall become a lien on the real property of the judgment debtor within a county only from and after the time a Statement of Judgment has been filed in the office of the county clerk of that county. When requested, the court clerk shall prepare a Statement of Judgment for the judgment creditor on a form provided by the Administrative Office of the Courts which shall include instructions advising the judgment creditor to file the Statement of Judgment in the office of the county clerk. |B. The lien of any small claims judgment when satisfied by payment or otherwise discharged shall be released by the court clerk upon written application by the judgment debtor. The court clerk shall mail notice of the judgment debtor's application to the attorney for the judgment creditor or the judgment creditor, if there is no attorney, at the last-known address of the attorney or judgment creditor. If there is no response or objection from the judgment creditor within ten (10) days after the notice is mailed, the judgment shall be released. No hearing shall be required unless requested by a party to the action. When requested, the court clerk shall prepare a Certificate of Release on a form provided by the Administrative Office of the Courts. The Certificate of Release shall include instructions advising the judgment debtor to file the Certificate of Release in the office of the county clerk. The lien of the judgment shall be released once the Certificate of Release is filed in the office of the county clerk.C. The party filing the application for release shall pay all recording fees and other costs.Added by Laws 1975, c. 15, § 1, eff. Oct. 1, 1975. Amended by Laws 1977, c. 216, § 1; Laws 1979, c. 83, § 1; Laws 1982, c. 136, § 1, eff. Oct. 1, 1982; Laws 1993, c. 351, § 28, eff. Oct. 1, 1993; Laws 1995, c. 338, § 17, eff. Nov. 1, 1995.
12 OK Stat § 12-1772 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1772. Judgments for payment of money - Processing and collection.

|Judgments for the payment of money shall be processed and collected as follows: |1. Incident to the entering of the judgment and while the parties are still under oath:a.the court may arrange a judgment satisfaction plan and enter a writ of execution, andb.the court may secure a listing and description of the judgment debtor's assets from the judgment debtor in case subsequent attachment of property becomes necessary to collect an unsatisfied judgment. Forms for an application and order to appear and answer as to assets and interrogatories to be answered by the debtor shall be supplied by the court clerk on forms promulgated by the Director of the Administrative Office of the Courts.2. If the judgment debtor fails to satisfy the judgment in accordance with the judgment satisfaction plan, the judgment creditor shall attempt to contact the judgment debtor and collect the same.3. If the judgment debtor still fails to satisfy the judgment, the judgment creditor may:a.require the debtor to appear and answer interrogatories regarding assets, orb.request the issuance of a writ of execution or a garnishment summons on forms provided by the court clerk.4. Except as provided in this section, proceedings hereunder to collect the judgment shall be conducted pursuant to the provisions of this title.Added by Laws 1988, c. 78, § 4, eff. Nov. 1, 1988. Amended by Laws 1989, c. 205, § 4, eff. Nov. 1, 1989; Laws 1993, c. 210, § 3.
12 OK Stat § 12-1773 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1773. Dismissal of action - Failure to file pleadings or serve process.

|A. Any action under the Small Claims Procedure Act which is not at issue and in which no pleading has been filed or other action taken for one (1) year and in which no motion has been pending during any part of the year shall be dismissed without prejudice by the court on its own motion after notice to the parties or their attorneys of record; providing, the court may, upon written application and for good cause shown by order in writing, allow the action to remain on its docket. |B. If service of process under the Small Claims Procedure Act is not made upon a defendant within one hundred eighty (180) days after the filing of the affidavit, the action shall be deemed to have been dismissed without prejudice as to that defendant. The action shall not be deemed to have been dismissed where a summons was served on the defendant within one hundred eighty (180) days after the filing of the affidavit and a court later holds that the summons or its service was invalid. After a court quashes a summons or its service, a new summons may be served on the defendant within a time specified by the judge. If the new summons is not served within the specified time, the action shall be deemed to have been dismissed without prejudice as to that defendant. This subsection shall not apply with respect to a defendant who has been in a foreign country for one hundred eighty (180) days following the filing of the affidavit.Added by Laws 1989, c. 195, § 1, eff. Nov. 1, 1989.
12 OK Stat § 12-1801 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1801. Purpose of act - Short title.

|The Legislature is aware of the fact that many disputes arise between citizens of this state which are of small social or economic magnitude and can be both costly and time consuming if resolved through a formal judicial proceeding. Many times such disputes can be resolved in a fair and equitable manner through less formal proceedings. Such proceedings can also help alleviate the backlog of cases which burden the judicial system in this state. It is therefore the purpose of this act to provide to all citizens of this state convenient access to dispute resolution proceedings which are fair, effective, inexpensive, and expeditious. |Sections 1 through 6 of this act shall be known and may be cited as the "Dispute Resolution Act".Added by Laws 1983, c. 78, § 1, operative July 1, 1983.
12 OK Stat § 12-1802 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1802. Definitions.

|As used in the Dispute Resolution Act: |1. "Initiating party" means the party who first seeks mediation.2. "Mediation" means the process of resolving a dispute with the assistance of a mediator outside of a formal court proceeding.3. "Mediator" means any person certified pursuant to the provisions of the Dispute Resolution Act or the District Court Mediation Act to assist in the resolution of a dispute.4. "Party" means an individual person, company, or governmental agency.5. "Resolution" means the final determination of the dispute, arrived at by the parties upon their own initiative or by anyone authorized in writing to act in their behalf or with the help of a mediator.6. "Responding party" means the party who is named by the initiating party as the other party in a dispute where mediation is sought.Added by Laws 1983, c. 78, § 2, operative July 1, 1983. Amended by Laws 2000, c. 323, § 1, eff. Nov. 1, 2000.