reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-76. Action on official bond.

When an officer, executor or administrator within this state, by misconduct or neglect of duty, forfeits his bond or renders his sureties liable, any person injured thereby, or who is, by law, entitled to the benefit of the security, may bring an action thereon in his own name, against the officer, executor or administrator and his sureties, to recover the amount to which he may be entitled by reason of the delinquency. The action may be instituted and proceeded in on a certified copy of the bond, which copy shall be furnished by the person holding the original thereof.
R.L. 1910, § 5349.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-81. Payments into court for infant or incompetent person - Disposition.

Where any amount of money not exceeding Five Hundred Dollars ($500.00) shall be deposited and paid into any court of record of this state by virtue of any judgment, order, settlement, distribution or decree for the use and benefit of, and to the credit of, any minor or incompetent person having no legal guardian of his estate within this state, and no person shall within ninety (90) days thereafter become the legal and qualified guardian of the estate of such minor or incompetent person, if it appears to the court that such money is needed for the support of such minor or incompetent person or that it is otherwise for the best interest of such minor or incompetent person, the court may, in its discretion, order payment of such funds to be made to any proper and suitable person as trustee for such minor or incompetent person, with bond, as the court may direct, to be expended for the support, use, and benefit of such minor or incompetent person. Such order may be made by the court in the original cause in which the funds are credited upon the application of any interested person; and the court may direct the clerk of the court to make payment of the same to be made in installments or in one lump sum as may seem for the best interests of such minor or incompetent person.
Added by Laws 1931, p. 2, § 1. Amended by Laws 1951, p. 24, § 1.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-83. Conserving monies obtained for or on behalf of persons under eighteen years of age in court proceedings.

A. Monies recovered in any court proceeding by a next friend or guardian ad litem for or on behalf of a person who is less than eighteen (18) years of age in excess of One Thousand Dollars ($1,000.00) over sums sufficient for paying costs and expenses including medical bills and attorney’s fees shall be deposited, by order of the court, in one or more federally insured banking, credit union or savings and loan institutions, a trust established for the person approved by the court, or invested by a bank or trust company having trust powers under federal or state law, approved by the court; provided, that the court may approve a structured settlement, by the terms of which the proceeds of a settlement may be invested by the plaintiff or the defendant in an annuity to be paid to or for the benefit of the minor by an insurance company licensed in this state. If authorized by the court at the request of the next friend or guardian ad litem, all or a portion of the recovered monies may be deposited in an account pursuant to the Oklahoma College Savings Plan Act with the minor designated as beneficiary of the account.
B. Until the person becomes eighteen (18) years of age, withdrawals of monies from the account or accounts shall be solely pursuant to order of the court made in the case in which recovery was had.
C. When an application for the order is made by a person who is not represented by an attorney, the judge of the court shall prepare the order.
D. This section shall not apply if a legal guardian has been appointed for the minor prior to any award of monies pursuant to subsection A of this section. If a legal guardian is appointed after any award of monies pursuant to subsection A of this section, the legal guardian may petition the district court in the county where the federally insured funds are held for an order directing the bank, credit union or savings and loan to transfer the funds to the legal guardian. The district court may make the granting of the request to transfer funds subject to reasonable safeguards.
Added by Laws 1971, c. 98, § 1, eff. Oct. 1, 1971. Amended by Laws 1972, c. 197, § 1, emerg. eff. April 7, 1972; Laws 1984, c. 53, § 1, emerg. eff. March 28, 1984; Laws 1993, c. 98, § 1, eff. Sept. 1, 1993; Laws 1996, c. 293, § 1, eff. Nov. 1, 1996; Laws 2003, c. 140, § 1, eff. Nov. 1, 2003; Laws 2019, c. 58, § 1, eff. Nov. 1, 2019; Laws 2021, c. 81, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-86. Short title - Oklahoma Statutory Thresholds for Settlements Involving Minors Act of 2022.

This act shall be known and may be cited as the "Oklahoma Statutory Thresholds for Settlements Involving Minors Act of 2022".
Added by Laws 2022, c. 196, § 1, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-91. Actions barred not revived.

Any right of action, which shall have been barred by any statute heretofore in force, shall not be deemed to be revived by the provisions of this article, nor shall the prior statutes of limitation be extended as to any cause of action which has accrued prior to the time this article shall take effect.
R.L. 1910, § 4653.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-96. Persons under disability in actions other than to recover realty - Exceptions - Personal injury to minor arising from medical malpractice.

If a person entitled to bring an action other than for the recovery of real property, except for a penalty or forfeiture, be, at the time the cause of action accrued, under any legal disability, every such person shall be entitled to bring such action within one (1) year after such disability shall be removed, except that, after the effective date of this section, an action for personal injury to a minor under the age of twelve (12) arising from medical malpractice must be brought by the minor's parent or guardian within seven (7) years of infliction of the injury, provided a minor twelve (12) years of age and older must bring such action within one (1) year after attaining majority, but in no event less than two (2) years from the date of infliction of the injury, and an action for personal injury arising from medical malpractice to a person adjudged incompetent must be brought by the incompetent person's guardian within seven (7) years of infliction of the injury, provided an incompetent who has been adjudged competent must bring such action within one (1) year after the adjudication of such competency, but in no event less than two (2) years from the date of infliction of the injury.
R.L. 1910, § 4658. Amended by Laws 1987, c. 78, § 1, eff. Nov. 1, 1987.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-98. Absence or flight of defendant - Effect of other laws.

When a cause of action accrues against a person and that person is out of the state or has concealed himself, the period limited for the commencement of the action shall not begin to run until he comes into the state, or while he is concealed. If, after a cause of action accrues against a person and that person leaves the state or conceals himself, the time of his absence or concealment shall not be computed as any part of the period within which the action must be brought. Provided, however, that if any statute which extends the exercise of personal jurisdiction of courts over a person or corporation based upon service outside this state, or based upon substituted service upon an official of this or any other state or nation, or based upon service by publication permits the courts of this state to acquire personal jurisdiction over the person, the period of his absence or concealment shall be computed as part of the period within which the action must be brought.
R.L. 1910, § 4660. Amended by Laws 1970, c. 76, § 1, emerg. eff. March 20, 1970; Laws 1980, c. 31, eff. Oct. 1, 1980.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-100. Limitation of new action after reversal or failure otherwise than on merits.

If any action is commenced within due time, and a judgment thereon for the plaintiff is reversed, or if the plaintiff fail in such action otherwise than upon the merits, the plaintiff, or, if he should die, and the cause of action survive, his representatives may commence a new action within one (1) year after the reversal or failure although the time limit for commencing the action shall have expired before the new action is filed.
R.L. 1910, § 4662. Amended by Laws 1975, c. 44, § 1, emerg. eff. March 31, 1975.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-101. Extension of limitation - Part payment, acknowledgment or new promise.

In any case founded on contract, when any part of the principal or interest shall have been paid, or an acknowledgment of an existing liability, debt or claim, or any promise to pay the same shall have been made, an action may be brought in such case within the period prescribed for the same, after such payment, acknowledgment or promise; but such acknowledgment or promise must be in writing, signed by the party to be charged thereby.
R.L. 1910, § 4663.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-104. Claims arising outside state - "Claim" defined.

As used in this act, "claim" means any right of action which may be asserted in a civil action or proceeding and includes, but is not limited to, a right of action created by statute.
Added by Laws 1965, c. 98, § 1, emerg. eff. May 12, 1965.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-105. Law governing.

The period of limitation applicable to a claim accruing outside of this state shall be that prescribed either by the law of the place where the claim accrued or by the law of this state, whichever last bars the claim.
Added by Laws 1965, c. 98, § 2, emerg. eff. May 12, 1965. Amended by Laws 1970, c. 31, § 1, emerg. eff. Feb. 24, 1970.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-109. Limitation of action to recover damages arising from design, planning or construction of improvement to real property.

No action in tort to recover damages
(i) for any deficiency in the design, planning, supervision or observation of construction or construction of an improvement to real property,
(ii) for injury to property, real or personal, arising out of any such deficiency, or
(iii) for injury to the person or for wrongful death arising out of any such deficiency,
shall be brought against any person owning, leasing, or in possession of such an improvement or performing or furnishing the design, planning, supervision or observation of construction or construction of such an improvement more than ten (10) years after substantial completion of such an improvement.
Added by Laws 1967, c. 360, § 1, emerg. eff. May 22, 1967. Amended by Laws 1978, c. 188, § 1, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-110. Injury occurring during fifth year after substantial completion.

Notwithstanding the provisions of Section 1 of this act, in the case of such an injury to property or the person or such an injury causing wrongful death, which injury occurred during the fifth year after such substantial completion, an action in tort to recover damages for such an injury or wrongful death may be brought within two (2) years after the date on which such injury occurred (irrespective of the date of death) but in no event may such an action be brought more than seven (7) years after the substantial completion of construction of such an improvement.
Added by Laws 1967, c. 360, § 2, emerg. eff. May 22, 1967.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-130. Actions brought pursuant to Affordable Access to Health Care Act.

The venue of civil actions for damages brought pursuant to the Affordable Access to Health Care Act, Section 1-1708.1A et seq. of Title 63 of the Oklahoma Statutes, shall be in a county where the cause of action or any portion thereof arose, or in any county in which any of the defendants reside, or in the case of a corporation, in a county in which it is situated, or has its principal office or place of business, or in any county where a codefendant of such corporation may be sued. Upon a finding of lack of venue, the court shall transfer or dismiss the action; provided, however, that if the court finds lack of venue and that a dismissal would operate as a dismissal with prejudice, the court shall transfer the action.
Added by Laws 2004, c. 368, § 2, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-131. Actions brought where subject located.

Except as provided in Section 132 of this title or Section 163 of Title 51 of the Oklahoma Statutes:
1. Actions for the following causes shall be brought in the county in which the subject of the action is situated
a.
for the recovery of real property, or of any estate, or interest therein, or the determination in any form of any such right or interest,
b.
for the partition of real property,
c.
for the sale of real property under a mortgage, lien, or other encumbrance or charge, and
d.
to quiet title, to establish a trust in, remove a cloud on, set aside a conveyance of, or to enforce or set aside an agreement to convey real property; and
2. For all damages to land, crops, or improvements thereon, actions shall be brought in the county where the damage occurs.
R.L. 1910, § 4671. Amended by Laws 1957, p. 78, § 2; Laws 1999, c. 293, § 2 eff. Nov. 1, 1999.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-132. Realty located in two or more counties - Specific performance.

If real property, the subject of an action, be an entire tract, and situated in two or more counties, or if it consists of separate tracts, situated in two or more counties, the action may be brought in any county in which any tract, or part thereof, is situated, unless it be an action to recover possession thereof, and if the property be an entire tract situated in two or more counties, an action to recover possession thereof may be brought in either of such counties; but if it consists of separate tracts, in different counties, the possession of such tracts must be recovered by separate actions brought in the counties where such tracts are situated. An action to compel the specific performance of a contract to sell real estate may be brought in the county where the land lies or where the defendants, or any of them reside or may be summoned.
R.L. 1910, § 4672.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-133. Actions brought where cause arose.

Actions for the following causes must be brought in the county where the cause, or some part thereof arose:
First. An action for the recovery of a fine, forfeiture or penalty imposed by statute, except when imposed for an offense committed on a river or other stream of water, road or other place which is the boundary of two or more counties, the cause of action shall be deemed to have arisen in each of said counties, and may be brought in any county bordering on such river, watercourse, road or other place, and opposite to the place where the offense was committed.
Second. An action against a public officer for an act done by him in virtue, or under color, of his office, or for neglect of his official duties.
Third. An action on the official bond or undertaking of a public officer.
R.L. 1910, § 4673.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-134. Domestic limited liability companies or corporations.

An action, other than one described in Sections 131 through 133 of this title, against a limited liability company or corporation created by the laws of this state may be brought in the county in which it is situated or has its principal office or place of business, in which any of the members, managers or principal officers thereof may reside or be summoned, where the cause of action or some part thereof arose, or where a codefendant of such limited liability company or corporation created by the laws of this state may properly be sued.
R.L. 1910, § 4674. Amended by Laws 1913, c. 83, p. 133, § 1; Laws 1970, c. 190, § 2, eff. Jan. 1, 1971; Laws 2023, c. 309, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-135. Actions against transportation or transmission companies.

Actions may be commenced against any transportation or transmission company in the county where any person resides upon whom service of summons is authorized to be made, irrespective of the order in which such persons are named in this chapter, and irrespective of the residence of any superior officer or authorized person upon whom service of summons may be had; or in the county where the cause of action, or some part thereof may have accrued; or, in any county through which or into which the lines of road or any part of the structure of such company may be, or passes; and the plaintiff may elect in which county he will bring the action.
R.L. 1910, § 4675.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-137. Actions against foreign corporations and nonresidents.

In addition to the other counties in which an action may be brought against a nonresident of this state, or a foreign corporation, such action may be brought in any county in which there may be property of or debts owing to such defendant, or where such defendant may be found, or in any county where a codefendant may properly be sued; if such defendant be a foreign insurance company the action may be brought in any county where such cause of action, or any part thereof, arose, or where the plaintiff resides or where such company has an agent.
R.L. 1910, § 4677. Amended by Laws 1975, c. 125, § 1, emerg. eff. May 13, 1975.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-139. Other actions - Venue when creditor has assigned right.

Every other action must be brought in the county in which the defendant or some one of the defendants resides or resided at the time the claim arose, or may be summoned; except claims against makers of notes, claims, or other indebtedness which have been assigned, sold or transferred by or from the original payee or obligee, which claims against such original maker of such notes, claims or indebtedness can only be brought in the county in which the said maker of such note, claim or indebtedness or some one of the original makers of such note, claim or indebtedness resides or in the county in which the claim arose. Provided, however, this section shall not in any way change or limit Section 131 of this title.
R.L.1910, § 4679. Amended by Laws 1915, c. 62, § 1, emerg. eff. March 3, 1915; Laws 1991, c. 30, § 1, eff. Sept. 1, 1991; Laws 2011, c. 187, § 1, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-140.1. Transfer of case to other county.

When the court orders the transfer of a case upon a showing by a party that the venue is or should be in some other county, the clerk of the court shall prepare a transcript of all the papers filed, orders entered, and a bill of the costs accrued. The clerk shall collect a new filing fee and shall forthwith transmit by certified mail such files and transcript of the cause and the filing fee which shall be due to the clerk of the court to which transfer is ordered. Unless otherwise ordered by the court, the plaintiff shall be responsible for appropriate filing fees when a case is brought in the wrong venue and transferred to a court having proper venue. In all other instances, the moving party shall be responsible for fees. The fees for the transfer shall be paid within ten (10) days of the transfer order.
Added by Laws 2007, c. 12, § 1, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-140.3. Forum non conveniens – Considerations in motions to stay, transfer or dismiss.

A. If the court, upon motion by a party or on the court's own motion, finds that, in the interest of justice and for the convenience of the parties, an action would be more properly heard in another forum either in this state or outside this state, the court shall decline to exercise jurisdiction under the doctrine of forum non conveniens and shall stay, transfer or dismiss the action.
B. In determining whether to grant a motion to stay, transfer or dismiss an action pursuant to this section, the court shall consider:
1. Whether an alternate forum exists in which the action may be tried;
2. Whether the alternate forum provides an adequate remedy;
3. Whether maintenance of the action in the court in which the case is filed would work a substantial injustice to the moving party;
4. Whether the alternate forum can exercise jurisdiction over all the defendants properly joined in the action of the plaintiff;
5. Whether the balance of the private interests of the parties and the public interest of the state predominate in favor of the action being brought in an alternate forum; and
6. Whether the stay, transfer or dismissal would prevent unreasonable duplication or proliferation of litigation.
Added by Laws 2013, 1st Ex. Sess., c. 1, § 2, emerg. eff. Sept. 10, 2013.
NOTE: Text formerly resided under repealed Title 12, § 140.2, which was derived from Laws 2009, c. 228, § 3, which 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).
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-141. Actions for damages by motor vehicles or watercraft.

The venue of civil actions for damages resulting from the use or operation of motor vehicles, or resulting from the operation of boats or other watercraft in the waters of this state, wherein the defendant or defendants resided in the State of Oklahoma at the time of injury, shall be, at the option of the plaintiff or plaintiffs, in either of the following:
1. In any county of Oklahoma where service of summons can be obtained upon one or more of the defendants as now provided by law.
2. In any county where the damages or a part thereof were sustained.
The plaintiff or plaintiffs may cause summons to issue to any county in Oklahoma for service upon one or more of the defendants. When service of summons upon one or more of the defendants cannot be obtained in Oklahoma with the exercise of due diligence, service may then be secured upon such defendant or defendants, as now or hereafter provided in Chapter 59, 47 O.S. 1961, for service upon nonresident motorists.
Added by Laws 1953, p. 49, § 1. Amended by Laws 1965, c. 51, § 1, emerg. eff. March 26, 1965; Laws 1965, c. 246, § 1, emerg. eff. June 16, 1965.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-142. Action for collection on open account, statement of account, account stated, note or other instrument of indebtedness - Contracts for goods, wares, merchandise, labor or services.

The venue of civil actions for the collection of an open account, a statement of account, account stated, written or oral contract relating to the purchase of goods, wares or merchandise, labor or services, 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 laid as now 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 1965, c. 94, § 1. Amended by Laws 1971, c. 45, § 1, eff. Oct. 1, 1971; Laws 1978, c. 305, § 1, eff. July 1, 1978; Laws 1988, c. 4, § 1, eff. Nov. 1, 1987.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-143. Venue statutes as cumulative - Application.

All venue statutes are cumulative wherever they appear and any action brought under any such statute may be maintained where brought. No court shall apply one venue statute in preference to another whether considered general or special.
Added by Laws 1975, c. 105, § 1, emerg. eff. May 6, 1975.
NOTE: A former § 143 of this title, derived from Laws 1965, c. 94, § 2, was repealed by Laws 1971, c. 45, § 2.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-150. Medical liability actions - Summons.

In any medical liability action, a summons shall be served on the defendant, or defendants, within one hundred eighty (180) days of the filing of the lawsuit or the case shall be deemed dismissed without prejudice.
Added by Laws 2003, c.390, § 9, eff. July 1, 2003.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-158.2. Request of server - Fees.

The process served by a licensee, authorized herein, shall be upon a request by the party or person desiring to obtain the services of said licensee. The fees to be paid for the services shall be agreed upon by them, and such fees shall not be collected by, nor handled through, the court clerk's office.
Added by Laws 1976, c. 74, § 2, emerg. eff. April 29, 1976.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-171.1. Effect of affidavit of service.

No judgment rendered more than ten (10) years prior hereto against unknown heirs, executors, administrators, devisees, trustees or assigns of any deceased person or, in the alternative, against a person or his unknown heirs, executors, administrators, devisees and assigns, shall ever be construed or held to be either void or voidable on the ground of the alleged insufficiency of said affidavit, provided the requirements of 12 O.S. 1961, § 171, are met in such affidavit, either directly or by inference. All such judgments, if not otherwise defective, are hereby declared valid and legally effective and conclusive as of the date thereof. Provided, that nothing in this act shall be construed to affect any litigation now pending in any courts of the State of Oklahoma on the effective date of this act.
Added by Laws 1967, c. 143, § 1, emerg. eff. April 27, 1967.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-177.1. Judgment against unknown heirs or devisees - Judgment against party served by publication.

No judgment heretofore or hereafter rendered in any action against unknown heirs or devisees of a deceased person shall ever be construed, or held to be, either void or voidable upon the ground that an affidavit of the plaintiff to the effect that the name of such heirs or devisees, or any of them, and their residences, are unknown to the plaintiff, was not annexed to his petition; and all such judgments, if not otherwise void, are hereby declared to be valid and binding from the date of rendition.
No judgment heretofore or hereafter rendered in any action against any person or party served by publication shall be construed or held to be void or voidable because the affidavit for such service by publication was made by the attorney for the plaintiff or because the petition or other pleading was verified by the attorney for the plaintiff or party seeking such service by publication. In all such cases it shall be conclusively presumed, if otherwise sufficient, that the allegations and statements made by such attorney were and are in legal effect and for all purposes made by plaintiff and shall have the same force and effect as if actually made by the plaintiff. All such judgments, if not otherwise defective or void, are hereby declared valid and legally effective and conclusive as of the date thereof as if such affidavit was made or the petition or pleading was verified by the plaintiff or other party obtaining such service by publication. Provided further, that nothing in this act shall be construed to affect any litigation now pending in any courts of the State of Oklahoma on the effective date of this act.
Added by Laws 1947, p. 79, § 3. Amended by Laws 1957, p. 80, § 1.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-177.2. Limitation of actions.

Provided, any proceeding or suit or action to challenge or vacate or reopen a judgment ratified or confirmed by this act or law shall be commenced within six (6) months from the effective date hereof. Unless such suit or proceeding is begun within such time, the right to attack or challenge or question the validity of such judgment shall be forever barred.
Added by Laws 1957, p. 81, § 2.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-178. Service on some of several defendants.

Where the action is against two or more defendants, and one or more shall have been served, but not all of them, the plaintiff may proceed as follows:
First. If the action be against defendants jointly indebted upon contract, tort, or any other cause of action, he may proceed against the defendants served, unless the court otherwise direct; and if he recover judgment, it may be entered against all the defendants thus jointly indebted, so far only as that it may be enforced against the joint property of all, and the separate property of the defendants served; and if they are subject to arrest, against the persons of the defendants served.
Second. If the action be against defendants severally liable, he may, without prejudice to his rights against those not served, proceed against the defendants served in the same manner as if they were the only defendants.
R.L. 1910, § 4730. Amended by Laws 1925, c. 186, p. 291, § 1.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-181. Record of judgment in realty case.

When any part of real property, the subject matter of an action, is situated in any other county or counties than the one in which the action is brought, a certified copy of the judgment in such action must be recorded in the office of the county clerk of such other county or counties, before it shall operate therein as notice. It shall operate as such notice, when recorded in the office of the county clerk, in the county where it is rendered.
R.L. 1910, § 4733. Amended by Laws 1977, c. 207, § 2, eff. Oct. 1, 1977.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-182. Unincorporated associations and trusts - Suits against - Service of process.

When any two or more persons associate themselves together and transact business for gain or speculation under a particular appellation, not being incorporated, they may be sued by such appellation without naming the individuals composing such association and service of process may be had upon such association by personal service as provided by law for services of summons in civil actions, upon any member of such unincorporated association, or, if the case be one in which service by publication may be had under the laws of this state, and service of summons either within or outside of the state cannot be had, with due diligence, upon any of the members of such unincorporated association, service by publication may be had upon such association by its particular appellation. Provided further, that service may be had upon any common law trust or any other unincorporated association or trust of individuals designating themselves as a trust or represented by an individual as trustee, by service upon any one of such individuals as may be designated as trustee for said trust, the same as in any other civil action. Venue in such cases, in addition to that now provided, shall be the same as that provided for actions involving domestic corporations.
Added by Laws 1931, p. 4, art. 3, § 1. Amended by Laws 1973, c. 262, § 4, operative July 1, 1973; Laws 1976, c. 17, § 1, eff. Oct. 1, 1976.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-187. Action against nonresident defendant(s) - Venue.

In addition to the other counties in which an action may be brought against a nonresident of this state, an action where all defendants are nonresidents of the state may be brought in the county where the cause of action arose or in the county where the plaintiff or one of the plaintiffs resides. If one or more of the defendants is a resident of this state, the action shall be brought in any county where venue would be proper as to the resident defendant or one of the resident defendants if there are several.
Added by Laws 1963, c. 32, § 1. Amended by Laws 1965, c. 54, § 1, emerg. eff. March 29, 1965; Laws 1967, c. 228, § 1, emerg. eff. May 2, 1967; Laws 1972, c. 208, § 8, eff. Oct. 1, 1972; Laws 1984, c. 164, § 31, eff. Nov. 1, 1984.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-192.1. Indigency exemption - Promulgation of rules.

A. When a plaintiff requests an indigency exemption from providing an affidavit of merit in a civil action for negligence pursuant to Section 2 of this act, such person shall submit an appropriate application to the court clerk, on a form created by the Administrative Director of the Courts, which shall state that the application is signed under oath and under the penalty of perjury and that a false statement may be prosecuted as such.
B. 1. The Supreme Court shall promulgate rules governing the determination of indigency for a plaintiff claiming an exemption from providing an affidavit of merit in a civil action for negligence pursuant to Section 2 of this act. The initial determination of indigency shall be made by the Chief Judge of the Judicial District or a designee thereof, based on the plaintiff's application and the rules provided herein.
2. Upon promulgation of the rules required by law, the determination of indigency shall be subject to review by the Presiding Judge of the Judicial Administrative District.
Added by Laws 2013, 1st Ex.Sess., c. 12, § 4.
NOTE: Text formerly resided under repealed Title 12, § 192, which was derived from Laws 2009, c. 228, § 4, which 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).
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-236a. Party defendants in real property actions.

In an action involving real property any person appearing in any manner in the title thereto, or claiming or appearing to claim some interest in the real property involved, may be included as a party defendant by naming such person as a party defendant in the caption of such petition; and when such person is made a defendant in the body of the petition under the appellation of substantially the following words "said defendant named herein claims some right, title, lien, estate, encumbrance, claim, assessment or interest in and to the real property involved herein, adverse to plaintiff which constitutes a cloud upon the title of plaintiff and defendant has no right, title, lien, estate, encumbrance, claim, assessment or interest, either in law or in equity, in and to the real property involved herein", that same is sufficient to include any and all claims, known or unknown, that such defendant may have in and to the real property involved in such case, it not being necessary to set out the reason in the petition, or other pleading, for such person being made a party defendant.
Added by Laws 1961, p. 61, § 1.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-303. Libel or slander - Alleging publication concerning plaintiff.

In an action for libel or slander, it shall be sufficient to state, generally, that the defamatory matter was published or spoken of the plaintiff; and if the allegation be denied, the plaintiff must prove, on the trial, the facts, showing that the defamatory matter was published or spoken of him.
R.L. 1910, § 4776.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-304. Truth as defense in libel or slander - Mitigation.

In the actions mentioned in the last section, the defendant may allege the truth of the matter charged as defamatory, and may prove the same, and any mitigating circumstances, to reduce the amount of damages, or he may prove either.
R.L. 1910, § 4777.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-305.1. Pleading recorded instruments affecting real estate.

From and after the passage of this act in all civil cases whereby it is necessary to incorporate, in the pleadings, facts concerning instruments of record affecting real estate, that such incorporation may be made by reference to the date of such instrument, and the book and page number where recorded in lieu of affixing a copy of the same to such pleadings.
Added by Laws 1953, p. 52, § 1.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-309. Tenders - How made - Deposit in court.

When a tender of money is alleged in any pleading, it shall not be necessary to deposit the money in court when the pleading is filed, but it shall be sufficient if the money is deposited in court at trial, or when ordered by the court.
R.L. 1910, § 4782.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-392. Disobedience of subpoena or refusal to be sworn or answer as a witness punishable as contempt.

Disobedience of a subpoena, or refusal to be sworn or to answer as a witness, when lawfully ordered, may be punished as a contempt of the court or officer by whom his attendance or testimony is required.
R.L. 1910, § 5057. Amended by Laws 1980, c. 47, § 1, eff. Oct. 1, 1980.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-393. Attachment of witness for nonattendance.

When a witness fails to attend in obedience to a subpoena (except in case of a demand and failure to pay his fees), the court or officer before whom his attendance is required may issue an attachment to the sheriff, coroner or constable of the county, commanding him to arrest and bring the person therein named before the court or officer, at a time and place to be fixed in the attachment, to give his testimony and answer for the contempt. If the attachment be not for immediately bringing the witness before the court or officer, a sum may be fixed in which the witness may give an undertaking, with surety, for his appearance; such sum shall be endorsed on the back of the attachment; and if no sum is so fixed and endorsed, it shall be One Hundred Dollars ($100.00). If the witness be not personally served, the court may, by a rule, order him to show cause why an attachment should not issue against him.
R.L. 1910, § 5058.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-394. Punishment for contempt - Liability to party injured.

A. The punishment for the contempt provided in Section 393 of this title shall be as follows: When the witness fails to attend, in obedience to the subpoena, except in case of a demand and failure to pay his fees, the court or officer may fine the witness in a sum not exceeding Fifty Dollars ($50.00). In other cases, the court or officer may fine the witness in a sum not exceeding Fifty Dollars ($50.00), or may imprison him in the county jail, there to remain until he shall submit to be sworn, testify or give his deposition. The fine imposed by the court shall be paid into the county treasury, and that imposed by the officer shall be for the use of the party for whom the witness was subpoenaed. The witness shall, also, be liable to the party injured for any damages occasioned by his failure to attend, or his refusal to be sworn, testify or give his deposition.
B. The punishment provided in this section shall not apply where the witness refuses to subscribe a deposition.
R.L. 1910, § 5059. Amended by Laws 1980, c. 47, § 2, eff. Oct. 1, 1980.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-396. Requisites of attachment - Order of commitment.

Every attachment for the arrest, or order of commitment to prison of a witness by a court or officer, pursuant to this article, must be under the seal of the court or officer, if he have an official seal, and must specify, particularly, the cause of arrest or commitment; and if the commitment be for refusing to answer a question, such question must be stated in the order. Such order of commitment may be directed to the sheriff, coroner or any constable of the county where such witness resides, or may be at the time, and shall be executed by committing him to the jail of such county, and delivering a copy of the order to the jailor.
R.L. 1910, § 5061.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-397. Prisoner as witness or complaining or defending party - Release for examination - Notice - Attorney fee award prohibited - Writ of habeas corpus.

A. A person confined in any prison in this state may by order of any court of record, be required to be produced for oral examination as a witness by the court in the county where he is imprisoned, but in all other cases his examination must be by deposition.
B. Any person or a prisoner confined in any prison or jail in this state who is the complaining party or defending party in any form of a civil action may apply for a Writ of Habeas Corpus for the purpose of having the prisoner appear before the court for an evidentiary hearing in which the court shall take testimony from the prisoner. The custodian of the prisoner shall be given prior notice of the application and fifteen (15) days to respond prior to the decision of the court. If the court issues such writ, it shall be issued and delivered to the custodian of the prisoner at least fifteen (15) days prior to the date the prisoner is to appear, shall order the custodian to be paid for all costs of transportation and shall order the prisoner to be delivered to the court named in the writ. The court shall not consider a writ of habeas corpus ad testificandum except for a hearing on the merits of the civil action. The court shall not award attorney fees and costs to the prevailing party in this matter. All pretrial hearings for the civil action that involve a prisoner shall be conducted by telephone, deposition or video conference.
C. If upon application, the court issues a Writ of Habeas Corpus as provided in subsection B of this section, it shall order the person applying for such writ or other appropriate party to pay to the custodian executing the writ all costs of transporting the prisoner to and from the court. No court shall waive the requirement to pay the costs of transportation to the custodian. The writ shall also serve as a judgment against the prisoner, if the prisoner is the party ordered to pay transportation costs or was the party seeking the writ, and may be enforced by the detaining governmental unit without further order of any court for a period of five (5) years after the date of the writ. The custodian executing the release shall notify the prisoner and the court, at the time of delivery, of the costs of transportation.
D. Any writ that fails to comply with all of the requirements of this section shall be void and unenforceable and no officer or employee of the custodian shall be liable for failing to execute said writ.
R.L. 1910, § 5062. Amended by Laws 1993, c. 174, § 1, emerg. eff. May 10, 1993; Laws 2002, c. 402, § 2, eff. July 1, 2002; Laws 2004, c. 168, § 2, emerg. eff. April 27, 2004; Laws 2005, c. 159, § 2, emerg. eff. May 10, 2005.
NOTE: Laws 2004, c. 168, § 18, providing for an effective date of Nov. 1, 2004, was repealed by Laws 2004, c. 382, § 4, emerg. eff. June 3, 2004.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-398. Examination by deposition - Custody.

If a prisoner's testimony is taken by deposition, he shall remain in the custody of the official charged with the prisoner's custody. The official custodian shall afford reasonable facilities for the taking of the deposition.
R.L. 1910, § 5063. Amended by Laws 1993, c. 174, § 2, emerg. eff. May 10, 1993.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-400. Witness may demand fees each day - Exception.

At the commencement of each day after the first day, a witness may demand his fees for that day's attendance in obedience to a subpoena; and if the same be not paid, he shall not be required to remain, except witnesses subpoenaed by any state department, board, commission or legislative committee authorized by law to issue subpoenas shall be paid for their attendance and necessary travel as provided by law in other cases at the time their testimony is completed.
R.L. 1910, § 5065. Amended by Laws 1961, p. 63, § 3.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-411. Privilege.

No testimony given by a witness before the House of Representatives or the Senate, or before any committee established by a Resolution of the House, or Senate, or Concurrent Resolution of the two Houses of the Legislature, shall be used as evidence in any criminal proceeding against him in any court, except in a prosecution for perjury committed in giving such testimony. But an official paper or record produced by him is not within the privilege.
Added by Laws 1957, p. 167, § 1.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-412. Procedure.

In the case of proceedings before a committee that two-thirds (2/3) of the members of the full committee shall by affirmative vote have authorized such witness, to be granted immunity under this act with respect to the transactions, matters or things concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence by direction of the presiding officer and that an order of the district or superior court for the county wherein the inquiry is being carried on has been entered into the record requiring said person to testify or produce evidence. Such an order may be issued by a district or superior court judge upon application by a duly authorized representative of the House of Representatives or Senate or of the committee concerned. Neither house nor any committee thereof nor any joint committee of the two houses of the Legislature shall grant immunity to any witness without first having notified the Attorney General of the State of Oklahoma of such action and thereafter having secured the approval of the district or superior court for the county wherein the inquiry is being held. The Attorney General of the State of Oklahoma shall be notified of the time of each proposed application to the district or superior court and shall be given an opportunity to be heard with respect thereto prior to the entrance into the record of the order of the district or superior court. No witness shall be exempt from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion as provided in this section.
Added by Laws 1957, p. 168, § 2.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-414. Penalties.

Every person who having been summoned as a witness by the authority of either house of the Legislature, to give testimony or produce papers upon any matter under inquiry before either house, or any committee of either house of the Legislature, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the question under inquiry, shall be deemed guilty of a misdemeanor, punishable by a fine of not more than Five Thousand Dollars ($5,000.00) nor less than One Hundred Dollars ($100.00), and imprisonment in a county jail for not less than one (1) month nor more than twelve (12) months.
Added by Laws 1957, p. 168, § 4.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-415. Disgrace as ground for refusal to testify.

No witness is privileged to refuse to testify to any fact, or produce any paper, respecting which he shall be examined by either house of the Legislature, or by any committee of either house, upon the ground that his testimony to such fact or his production of such paper may tend to disgrace or otherwise render him infamous.
Added by Laws 1957, p. 168, § 5.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-416. Prosecution.

Whenever a witness summoned as mentioned in Section 4 of this act fails to testify, and the facts are reported to either house, the President of the Senate or Speaker of the House, as the case may be, shall certify the fact under the seal of the Senate or House to the Attorney General and district attorney of the county where the witness failed to appear, whose duty it shall be to bring the matter in the proper court by information or indictment for prosecution.
Added by Laws 1957, p. 168, § 6.