reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-975. Judgment on appeal - Mandate to issue to lower court.

When a judgment or final order shall be reversed on appeal, either in whole or in part, the court reversing the same shall proceed to render such judgment as the court below should have rendered, or remand the cause to the court below for such judgment. The court reversing such judgment or final order shall not issue execution in causes that are removed before them on error, on which they pronounce judgment as aforesaid, but shall send a special mandate to the court below as the case may require, to award execution thereupon; and such court, to which such special mandate is sent, shall proceed in such cases in the same manner as if such judgment or final order had been rendered therein. In cases decided by the Supreme Court, when the facts are agreed to by the parties or found by the court below, or a referee, and when it does not appear, by exception or otherwise, that such findings are against the weight of the evidence in the case, the Supreme Court shall send a mandate to the court below directing it to render such judgment in the premises as it should have rendered on the facts agreed to or found in the case.
R.L. 1910, § 5258.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-978. Costs on appeal.

When a judgment or final order is reversed, the plaintiff in error shall recover his costs, including the costs of the transcript of the proceedings, or case-made, filed with the petition in error; and when reversed in part and affirmed in part, costs shall be equally divided between the parties.
R.L. 1910, § 5261.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-978.1. Recovery of costs for review of certain interlocutory orders on appeal or on certiorari.

When an interlocutory order of a district court is reviewed on appeal or on certiorari and the interlocutory order is reversed, the prevailing party shall recover his costs, exclusive of attorney fees, including the cost deposit and the costs of preparing the record on appeal or on certiorari, regardless of the ultimate disposition of the action; and when the interlocutory order is reversed in part and affirmed in part, the costs shall be equally divided between the parties.
Added by Laws 1980, c. 14, § 1.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-980. Writs of error and certiorari abolished.

Writs of error and certiorari, to reverse, vacate or modify judgments or final orders in civil cases, are abolished; but courts shall have the same power to compel complete and perfect transcripts of the proceedings containing the judgment or final order sought to be reversed, to be furnished as they heretofore had under writs of error and certiorari.
R.L. 1910, § 5263.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-990.1. Jurisdiction of certain appeals - Time limit for counter-appeals and cross-appeals.

When a petition in error is timely filed, the Supreme Court shall have jurisdiction of the entire action that is the subject of the appeal. No additional jurisdictional steps shall be necessary to enable the Supreme Court to rule upon any errors made in the trial of the action which are asserted by any party to the appeal and involve any other party to the appeal.
The Supreme Court may prescribe by rule the time limits for filing counter-appeals and cross-appeals.
Added by Laws 1984, c. 31, § 1, eff. Nov. 1, 1984.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-990.2. Time for appeal - Effect of post-trial motions.

A. Post-Trial Motions Filed Within Ten (10) Days. When a post-trial motion for a new trial, for judgment notwithstanding the verdict, or to correct, open, modify, vacate or reconsider a judgment, decree or final order, other than a motion only involving costs or attorney fees, is filed within ten (10) days after the judgment, decree or final order is filed with the court clerk, an appeal shall not be commenced until an order disposing of the motion is filed with the court clerk. The unsuccessful party may then appeal from the order disposing of the motion within thirty (30) days after the date such order was filed. If the decision on the motion was against the moving party, the moving party may appeal from the judgment, decree or final order, from the ruling on the motion, or from both, in one appeal, within thirty (30) days after the filing of the order disposing of the motion. Successive appeals from the original judgment, decree or final order and the order disposing of the motion shall not be allowed.
B. Post-Trial Motions Filed After Ten (10) Days. The time to appeal from a judgment, decree or final order is not extended or affected by the filing of a motion to correct, open, modify, vacate or reconsider the judgment, decree or final order that is filed more than ten (10) days after the judgment, decree or final order is filed with the clerk of the trial court, and an appeal that is commenced before such a motion is filed is not premature. If the motion is filed after a petition in error is filed, the moving party shall advise the Supreme Court the motion was filed. If a petition in error is filed after such a motion is filed, the appellant shall advise the Supreme Court in the petition in error that the motion is pending. When the trial court disposes of the motion where a petition in error has been filed, the successful party shall advise the Supreme Court of the action taken on the motion.
C. If the appellant did not prepare the judgment, decree, or final order, and Section 696.2 of this title required a copy of the judgment, decree, or final order to be mailed to the appellant, and the court records do not reflect the mailing of a copy of the judgment, decree, or final order to the appellant within three (3) days, exclusive of weekends and holidays, after the filing of the judgment, decree, or final order, all times referred to in this section shall run from the earliest date on which the court records show that a file-stamped copy of the judgment, decree, or final order was mailed to the appealing party, rather than from the date of filing.
D. Costs and Attorney Fees. The filing of a motion for costs or attorney fees shall not extend or affect the time to appeal.
Added by Laws 1993, c. 351, § 19, eff. Oct. 1, 1993. Amended by Laws 1997, c. 102, § 6, eff. May 1, 1997; Laws 2004, c. 181, § 4, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-990.3. Time for enforcement of judgments, decrees or final orders.

A. Where only the payment of money is awarded, no execution or other proceeding shall be taken for the enforcement of the judgment, decree or final order until ten (10) days after the judgment, decree or order is filed with the court clerk. Asset hearing proceedings shall not be stayed under this section.
B. Where relief other than the payment of money is awarded or where relief in addition to the payment of money is awarded, the enforcement of the judgment, decree or final order shall be stayed until ten (10) days after the judgment, decree or order is filed with the court clerk, but the court, in its discretion, may impose any conditions on the parties that are necessary for the protection of the property or interests that are the subject of the action, including distribution of part or all of the property involved where the court requires the filing of a superseded bond.
C. This section shall not apply in actions for divorce, separate maintenance, annulment, post-decree matrimonial proceedings, paternity, custody, adoption, termination of parental rights, juvenile matters, probate proceedings, habeas corpus proceedings, special executions in foreclosures, conservatorship or guardianship proceedings, mental health, quiet title actions, and partition proceedings or actions, involving temporary or permanent injunctions, proceedings under the Small Claims Procedure Act, writs of assistance in foreclosure, and other real property actions, post-judgment replevin, and forcible entry and detainer proceedings. The court, in its discretion, may impose any conditions that are necessary to protect the interests of the parties in such actions.
D. It shall be the responsibility of the judgment creditor or counsel for the judgment creditor to ensure that no execution or other proceeding for enforcement of the judgment is sought or taken within the ten-day stay.
Added by Laws 1993, c. 351, § 20, eff. Oct. 1, 1993. Amended by Laws 1994, c. 343, § 3, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-990.5. Stay of enforcement against political subdivisions of the state.

Notwithstanding any other provision of this title, the execution of a judgment or final order of any judicial tribunal against any county, municipality, or other political subdivision of this state is automatically stayed without the execution of supersedeas bond until any appeal of such judgment or final order has finally been determined.
Added by Laws 1994, c. 343, § 4, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-991. Right to perfect appeal to Supreme Court without filing motion for new trial - Exemption.

(a) The right of a party to perfect an appeal from a judgment, order or decree of the trial court to the Supreme Court shall not be conditioned upon his having filed in the trial court a motion for a new trial, but in the event a motion for a new trial is filed in the trial court by a party adversely affected by the judgment, order or decree, no appeal to the Supreme Court may be taken until subsequent to the ruling by the trial court on the motion for a new trial. This provision shall not apply, however, to an appeal from an order of the Corporation Commission.
(b) If a motion for a new trial be filed and a new trial be denied, the movant may not, on the appeal, raise allegations of error that were available to him at the time of the filing of his motion for a new trial but were not therein asserted.
Added by Laws 1968, c. 395, § 1.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-992. Errors in perfecting appeals - Raising - Waiver.

Where possible, errors in perfecting an appeal must be raised promptly in the trial court, and errors in perfecting an appeal that could have been raised in the trial court may not be raised for the first time in the appellate court. The parties may waive any defect or error in perfecting an appeal except the timely filing of a petition in error as prescribed in Section 15 of this act, and of a petition to review a certified interlocutory order under paragraph 3 of subsection (b) of Section 952 of this title.
Added by Laws 1970, c. 88, § 1. Amended by Laws 1990, c. 251, § 13, eff. Jan. 1, 1991; Laws 1991, c. 251, § 16, eff. June 1, 1991.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-994. Judgment involving multiple claims or parties.

A. When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may direct the preparation and filing of a final judgment, decree, or final order as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the filing of a final judgment, decree, or final order. In the absence of such determination and direction, any order or other form of decision, however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims or parties, and the order or other form of decision is subject to revision at any time before the final judgment, decree, or final order adjudicating all the claims and the rights and liabilities of all the parties is filed with the court clerk.
B. When a court has ordered a final judgment, decree, or final order under the conditions stated in subsection A of this section, the court may stay enforcement of that final judgment, decree or final order until the filing of a subsequent final judgment, decree or final order and may prescribe such conditions as are necessary to protect the interests of all parties to the action. If the court stays the enforcement of a final judgment, decree, or final order until the filing of a subsequent final judgment, decree, or final order, notice of the vacation or modification of the stay or of any condition that was imposed on the enforcement of the final judgment, decree, or final order shall be given to the parties affected by the stay or condition.
Added by Laws 1990, c. 251, § 6, eff. Jan. 1, 1991. Amended by Laws 1991, c. 251, § 18, eff. June 1, 1991; Laws 1993, c. 351, § 23, eff. Oct. 1, 1993. Renumbered from § 1006 of this title by Laws 1993, c. 351, § 30, eff. Oct. 1, 1993. Amended by Laws 1995, c. 253, § 3, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-995. Frivolous appeals, cross-appeals or original proceedings - Dismissal and sanctions.

The Oklahoma Supreme Court or Court of Civil Appeals shall dismiss an appeal that is frivolous, and may impose sanctions against the appellant, the appellant's attorney, or both. The sanctions that may be imposed may include the reasonable expenses incurred because of the filing of the appeal, including a reasonable attorney's fee. The court shall dismiss a cross-appeal or an original proceeding that is frivolous and may impose sanctions as provided by this section.
Added by Laws 1993, c. 351, § 24, eff. Oct. 1, 1993. Amended by Laws 1996, c. 97, § 1, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1031. District court - Power to vacate or modify its judgments, when.

The district court shall have power to vacate or modify its own judgments or orders within the times prescribed hereafter:
1. By granting a new trial for the cause, within the time and in the manner prescribed in Sections 651 through 655 of this title;
2. As authorized in subsection C of Section 2004 of this title where the defendant had no actual notice of the pendency of the action at the time of the filing of the judgment or order;
3. For mistake, neglect, or omission of the clerk or irregularity in obtaining a judgment or order;
4. For fraud, practiced by the successful party, in obtaining a judgment or order;
5. For erroneous proceedings against an infant, or a person of unsound mind, where the condition of such defendant does not appear in the record, nor the error in the proceedings;
6. For the death of one of the parties before the judgment in the action;
7. For unavoidable casualty or misfortune, preventing the party from prosecuting or defending;
8. For errors in a judgment, shown by an infant in twelve (12) months after arriving at full age, as prescribed in Section 700 of this title; or
9. For taking judgments upon warrants of attorney for more than was due to the plaintiff, when the defendant was not summoned or otherwise legally notified of the time and place of taking such judgment.
R.L. 1910, Section 5267. Amended by Laws 1969, c. 304, § 3, emerg. eff. April 28, 1969; Laws 1999, c. 293, § 9, eff. Nov. 1, 1999.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1031.1. Authorization to correct, open, modify or vacate judgments - Time - Notice.

A. A court may correct, open, modify or vacate a judgment, decree, or appealable order on its own initiative not later than thirty (30) days after the judgment, decree, or appealable order prepared in conformance with Section 696.3 of this title has been filed with the court clerk. Notice of the court's action shall be given as directed by the court to all affected parties.
B. On motion of a party made not later than thirty (30) days after a judgment, decree, or appealable order prepared in conformance with Section 696.3 of this title has been filed with the court clerk, the court may correct, open, modify, or vacate the judgment, decree, or appealable order. If the moving party did not prepare the judgment, decree, or appealable order, and Section 696.2 of this title required a copy of the judgment, decree, or appealable order to be mailed to the moving party, and the court records do not reflect the mailing of a copy of the judgment, decree, or appealable order to the moving party within three (3) days, exclusive of weekends and holidays, after the filing of the judgment, decree, or appealable order, the motion to correct, open, modify, or vacate the judgment, decree, or appealable order may be filed no later than thirty (30) days after the earliest date on which the court records show that a copy of the judgment, decree, or appealable order was mailed to the moving party. The moving party shall give notice to all affected parties. A motion to correct, open, modify, or vacate a judgment or decree filed after the announcement of the decision on all issues in the case but before the filing of the judgment or decree shall be deemed filed immediately after the filing of the judgment or decree.
C. If more than thirty (30) days have passed since the filing of a judgment, decree, or appealable order, proceedings to vacate or modify the judgment, decree, or appealable order shall be by petition in conformance with Section 1033 of this title unless approved by all parties who have entered an appearance in the lawsuit.
D. The party that prevails in an action to vacate any judgment, decree or appealable order shall only be considered the prevailing party for the purpose of the award of costs, to include a reasonable attorney fee, if such party prevails on the merits in the underlying action.
Added by Laws 1969, c. 304, § 1, emerg. eff. April 28, 1969. Amended by Laws 1990, c. 251, § 15, eff. Jan. 1, 1991; Laws 1991, c. 251, § 19, eff. June 1, 1991; Laws 1993, c. 351, § 25, eff. Oct. 1, 1993; Laws 1994, c. 343, § 6, eff. Sept. 1, 1994; Laws 1997, c. 102, § 9, eff. May 1, 1997; Laws 1999, c. 293, § 10, eff. Nov. 1, 1999; Laws 2013, c. 18, § 1, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1032. Proceedings to be by motion - Notice.

The proceedings to correct mistakes or omissions of the clerk, or irregularity in obtaining a judgment or order, shall be by motion, upon reasonable notice to the adverse party or his attorney in the action.
R.L. 1910, § 5268. Amended by Laws 1969, c. 304, § 4, emerg. eff. April 28, 1969; Laws 1993, c. 351, § 26, eff. Oct. 1, 1993.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1033. Proceedings by petition, when - Summons.

If more than thirty (30) days after a judgment, decree, or appealable order has been filed, proceedings to vacate or modify the judgment, decree, or appealable order, on the grounds mentioned in paragraphs 2, 4, 5, 6, 7, 8, and 9 of Section 1031 of this title, shall be by petition, verified by affidavit, setting forth the judgment, decree, or appealable order, the grounds to vacate or modify it, and the defense to the action, if the party applying was defendant. On this petition, a summons shall issue and be served as in the commencement of a civil action.
R.L. 1910, § 5269. Amended by Laws 1999, c. 293, § 11, eff. Nov. 1, 1999
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1036. Suspending proceedings - Bond.

The party seeking to vacate or modify a judgment or order, may obtain an order suspending proceedings on the whole or part thereof; which order may be granted by the court, or any judge thereof, upon its being rendered probable, by affidavit, or by exhibition of the record, that the party is entitled to have such judgment or order vacated or modified. On the granting of any such order, the court, or judge, may require the party obtaining any such order to enter into an undertaking to the adverse party to pay all damages that may be caused by granting of the same.
R.L. 1910, § 5272.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1037. Suspension where judgment given prematurely.

When the judgment was rendered before the action stood for trial, the suspension may be granted, as provided in the last section, although no valid defense to the action is shown; and the court shall make such orders, concerning the executions to be issued on the judgment as shall give to the defendant the same rights of delay he would have had if the judgment had been rendered at the proper time.
R.L. 1910, § 5273.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1038. Limitations.

Proceedings to vacate or modify a judgment, decree or order, for the causes mentioned in paragraphs 4, 5 and 7 of Section 1031 of this title must be commenced within two (2) years after the filing of the judgment, decree or order, unless the party entitled thereto be an infant, or a person of unsound mind and then within two (2) years after removal of such disability. Proceedings for the causes mentioned in paragraphs 3 and 6 of Section 1031 of this title, shall be within three (3) years, and in paragraph 9 of Section 1031 of this title, within one (1) year after the defendant has notice of the judgment, decree or order. A void judgment, decree or order may be vacated at any time, on motion of a party, or any person affected thereby.
R.L. 1910, § 5274. Amended by Laws 1990, c. 251, § 17, eff. Jan. 1, 1991; Laws 1991, c. 251, § 20, eff. June 1, 1991; Laws 1993, c. 351, § 27, eff. Oct. 1, 1993.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1051. Causes of action that survive.

In addition to the causes of action which survive at common law, causes of action for mesne profits, or for an injury to the person, or to real or personal estate, or for any deceit or fraud, shall also survive; and the action may be brought, notwithstanding the death of the person entitled or liable to the same.
R.L. 1910, § 5279.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1052. Actions which abate on death of party.

No action pending in any court shall abate by the death of either or both the parties thereto, except an action for libel, slander or malicious prosecution, which shall abate by the death of the defendant. An action for libel, slander or malicious prosecution shall not abate after a jury verdict or a decision by the court where the trial is by the court, unless a new trial is ordered.
R.L. 1910, § 5280. Amended by Laws 1965, c. 299, § 1.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1054. Action for death - Who may sue.

In all cases where the residence of the party whose death has been caused as set forth in the preceding section of this article is at the time of his death in any other state or territory, or when, being a resident of this state, no personal representative is or has been appointed, the action provided in the said section may be brought by the widow, or where there is no widow, by the next of kin of such deceased.
R.L. 1910, § 5282.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1055. Death of a child.

In all actions hereinafter brought to recover damages for the death of an unmarried, unemancipated minor child, the damages recoverable shall include medical and burial expense, loss of anticipated services and support, loss of companionship and love of the child, destruction of parent-child relationship and loss of monies expended by parents or guardian in support, maintenance and education of such minor child, in such amount as, under all circumstances of the case, may be just.
Added by Laws 1975, c. 132, § 1, eff. Oct. 1, 1975.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1081. Death of party after verdict or judgment.

(a) If a party dies after verdict is rendered, judgment may be rendered on the verdict although the representative or successor of the decedent has not been substituted as a party to the action.
(b) If a plaintiff dies after verdict or after judgment and the verdict and judgment are in his favor, his representative or successor may be substituted for him upon motion of any party to the action with notice to the representative or successor, or substitution may be made upon motion of the representative or successor of the decedent. Such motion may be made at any time before the judgment becomes dormant but it must be made before action is taken to enforce the judgment. A delay in substituting the representative or successor of the decedent shall not affect the validity of a judgment lien.
(c) If a defendant dies after verdict or after judgment and the verdict and judgment are in favor of the plaintiff, the judgment shall be filed with the representative of the decedent within the time allowed for filing other claims and the judgment shall be treated as if it has been allowed by the representative and it shall be payable in the due course of administration.
Added by Laws 1965, c. 299, § 3.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1082. Dissolved partnerships.

(a) A partnership may sue and be sued in its firm name, and after a partnership has been dissolved, actions may be brought by and against the partnership in its firm name to enforce obligations that arose before the dissolution, the partnership being deemed to continue for the purpose of the suit. Where the dissolution is caused by the death of a partner, an action to enforce an obligation that arose before the dissolution may be brought by or against the partnership in its firm name, or by or against the surviving partners, or by or against the surviving partners and the estate of the deceased partner, if an action is brought against the partnership in its firm name, the estate of the deceased partner may be made a party to the action by being properly served with process.
(b) When a partner dies after suit is brought by or against a partnership, the action will not abate, whether it is brought by or against the partnership in its firm name or in the names of the partners and it shall not be necessary to make the representative of the deceased partner a party to the action although he may be substituted for the decedent if the decedent was named as a party plaintiff or was served with process, but judgment may not be enforced against the decedent's estate if the partner dies before the verdict was rendered and the decedent's representative was not made a party to the action.
(c) When a partner dies after judgment has been rendered in favor of or against the partnership of which the decedent was a member, the judgment may be enforced in favor of or against the partnership and against the estate of the deceased partner although the estate of the deceased partner is not made a party to the judgment.
Added by Laws 1965, c. 299, § 4.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1083. Dismissal of any actions in which no pleadings have been filed for a year.

Any action in which no pleading has been filed or other action taken for a year and in which no motion or demurrer has been pending during any part of said 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 upon its docket.
Added by Laws 1965, c. 299, § 5. Amended by Laws 2007, c. 12, § 4, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1084. Enforcement of contracts or obligations.

If a person who is either jointly or jointly and severally liable on a contract or obligation dies before an action is brought to enforce the contract or obligation and if the cause of action survives, the decedent's estate may be joined as a party to an action to enforce the contract or obligation.
Added by Laws 1965, c. 299, § 6.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1085. Death of nonresident.

When a nonresident who is subject to the jurisdiction of a court of this state dies, the action shall continue and his personal representative shall be substituted as a party to the action although he was appointed as personal representative in some other jurisdiction if
(1) the personal representative is served in this state with notice of his substitution as a party to the action; or,
(2) the cause of action arose in this state and the personal representative is given actual notice by mail or by personal service outside of this state of his substitution as a party to the action;
(3) the action may continue as a proceeding in rem if a reasonable effort is made to notify the personal representative of the existence of the action.
Added by Laws 1965, c. 299, § 7.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1101. Offer to allow judgment to be taken.

The defendant, in an action for the recovery of money only, may, at any time before the trial, serve upon the plaintiff or his attorney an offer, in writing, to allow judgment to be taken against him for the sum specified therein. If the plaintiff accept the offer and give notice thereof to the defendant or his attorney, within five days after the offer was served, the offer, and an affidavit that the notice of acceptance was delivered within the time limited, may be filed by the plaintiff, or the defendant may file the acceptance, with a copy of the offer, verified by affidavit; and in either case, the offer and acceptance shall be noted in the journal, and judgment shall be rendered accordingly. If the notice of acceptance be not given in the period limited, the offer shall be deemed withdrawn, and shall not be given in evidence or mentioned on the trial. If the plaintiff fails to obtain judgment for more than was offered by the defendant, he shall pay the defendant's costs from the time of the offer.
R.L. 1910, § 5301.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1103. Submission of controversy without suit.

Parties to a question, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court, which would have jurisdiction if an action had been brought. But it must appear, by affidavit, that the controversy is real, and the proceedings in good faith to determine the rights of the parties. The court shall thereupon hear and determine the case, and render judgment as if an action were pending.
R.L. 1910, § 5303.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1106. Offer to confess judgment in part.

After an action for the recovery of money is brought, the defendant may offer in court to confess judgment for part of the amount claimed, or part of the causes involved in the action; whereupon, if the plaintiff, being present, refuse to accept such confession of judgment in full of his demands against the defendant in the action, or, having had such notice that the offer would be made, of its amount, and of the time of making it, as the court shall deem reasonable, fail to attend, and on the trial do not recover more than was so offered to be confessed, such plaintiff shall pay all the costs of the defendant incurred after the offer. The offer shall not be deemed to be an admission of the cause of action, or the amount to which the plaintiff is entitled, nor be given in evidence upon the trial.
R.L. 1910, § 5306.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1108. Suit by surety before liability due.

A surety may maintain an action against his principal, to obtain indemnity against the debt or liability for which he is bound, before it is due, whenever any of the grounds exist, upon which, by the provisions of this code, an order may be made for arrest and bail, or for an attachment.
R.L. 1910, § 5308.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1118. Powers of judges at chambers.

Judges of the district, superior and county courts shall within their respective districts and counties be authorized to hear and determine at chambers, motions to dissolve attachments and injunctions, and generally to exercise such supervisory control of the other officers and processes of their courts as to prevent abuses or oppression thereby or thereof.
R.L. 1910, § 5318.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1141. Action to quiet title - Sham legal process.

A. An action may be brought by any person in possession, by himself or tenant, of real property against any person who claims an estate or any interest therein adverse to the person bringing the action for the purpose of determining such adverse estate or interest, and such action may be joined with an action to recover possession of such real property by any person not in possession. The person or persons bringing such action shall not be required to allege the particular estate or interest claimed adversely by the person or persons against whom the action is brought, but may allege that the defendants' claim is adverse to that of the plaintiffs.
B. If an action is brought to quiet title alleging that the adverse claim is sham legal process, as defined by Section 1533 of Title 21 of the Oklahoma Statutes, the court may award costs and reasonable attorneys fees to the prevailing party. If the plaintiff prevails in the action, the court shall order the defendant to pay the plaintiff three times the damages that the plaintiff may have sustained as a result of the sham legal process. A quiet title action pursuant to this subsection shall be independent of any criminal action that may be filed against the defendant, and there shall be no requirement that the defendant in such an action be convicted of any criminal act.
R.L. 1910, § 4927. Amended by Laws 1910-11, c. 10, p. 25, § 1; Laws 1957, p. 82, § 1, emerg. eff. June 1, 1957; Laws 1983, c. 33, § 1, eff. Nov. 1, 1983; Laws 1997, c. 405, § 5, emerg. eff. June 13, 1997; Laws 1998, c. 57, § 1, emerg. eff. April 7, 1998; Laws 2000, c. 147, § 6, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1141.3. Procedures alternative to quiet title action to remove cloud on title.

A. Any person or any entity having an interest or claiming an interest with respect to any parcel of real property who in good faith asserts that there is an instrument filed in the real property records of the county in which the real property, or some portion of the real property, is located and who would otherwise be required to file a quiet title action with respect to the parcel pursuant to the provisions of Section 1141 of Title 12 of the Oklahoma Statutes, may use the procedures authorized by this act to attempt to remove a cloud or an apparent cloud on the title of the real property by requesting a respondent to prepare a curative instrument or to take corrective action.
B. The provisions of this act are permissive and shall not be required as a condition precedent to the filing of a petition to quiet title pursuant to Section 1141 of Title 12 of the Oklahoma Statutes.
C. If making a request pursuant to this act, the requestor shall send a notice to the respondent which shall include:
1. The specific identity of the person or entity requesting the respondent to execute or to execute and deliver a curative instrument or take other corrective action the purpose of which is to remove a cloud or an apparent cloud on the title of the subject parcel;
2. A specific identification of the conveyance, instrument or other document, by reference to:
a.
the county or counties in which the instrument or document is filed for record,
b.
the book and page number in which the instrument or other document is recorded,
c.
the identity of the grantor or the person or entity subscribing the instrument, (if different than the identified grantor),
d.
the identity of the grantee or grantees,
e.
the legal description of the real property contained in the instrument,
f.
the date the instrument was executed,
g.
the date the instrument was filed for record, and
h.
such other information as may be required in order for the respondent to know with reasonable certainty the exact instrument or instruments to which the requestor is referring;
3. The nature of the assertion by the requestor regarding the effect of the instrument or document as a cloud or an apparent cloud upon the title of the subject parcel; and
4. The nature of the corrective action sought by the requestor, including, but not limited to, the exact instrument or conveyance which the requestor would accept from the respondent as a curative instrument or other corrective action.
D. The requestor shall prepare and send with the notice the exact instrument or conveyance which the requestor would accept from the respondent as a curative instrument or other corrective action.
Added by Laws 2000, c. 147, § 3, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1141.4. Notice – Respondent’s request for clarification or information – Failure of respondent to deliver curative instrument or take corrective action.

A. The requestor shall prepare the notice as described in Section 3 of this act and shall transmit the notice by certified mail to the person or entity identified in the notice as the respondent.
B. The respondent shall have a period of thirty (30) days from the receipt of the notice within which to respond to the notice and any request for the execution or delivery of a curative instrument or for corrective action.
C. A respondent may ask for clarification by the requestor or for further information prior to making either a negative response or an affirmative response. The respondent may communicate with the requestor within the period of time required for the respondent to make a response to the requestor, but any request made pursuant to this subsection shall not extend the time within which to respond.
D. The respondent may make a formal request of the requestor for clarification or for further information by certified mail if the formal request for clarification or additional information is received by the original requestor within the original period of time prescribed by subsection B of this section for a response by the respondent. If a respondent makes a formal request for clarification or for additional information, the original requestor shall have a period of twenty (20) days within which to transmit a clarification or additional information. The respondent shall then have a period of twenty (20) days from the date the clarification or additional information is received in order to provide a final response.
E. If a respondent declines to execute and deliver the curative instrument requested or take the corrective action requested, and the respondent communicates the refusal to the requestor, the requestor may pursue the remedies authorized by this section.
F. If the requestor properly transmits the notice by certified mail and the respondent does not claim the item as indicated by the records of the United States Post Office, the refusal to claim the item shall be treated as a refusal to respond to the request.
G. If a respondent executes and delivers or causes to be executed and delivered the curative instrument requested in the notice or takes the corrective action requested, the respondent shall not be liable for the damages specified in subsection A of Section 5 of this act in a quiet title action notwithstanding that the respondent is named as a defendant in such an action.
Added by Laws 2000, c. 147, § 4, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1141.5. Liability for damages, costs and attorney fees.

A. If a requestor prepares a notice pursuant to Section 3 of this act, and:
1. The respondent receives the notice and fails to respond, or
2. The respondent requests clarification or additional information and then subsequently refuses to execute and deliver a curative instrument or to take the corrective action identified in the notice, or
3. The respondent refuses to claim the notice, or
4. The respondent receives the notice and refuses to take the action requested in the notice,
then in the event that the requestor files an action to quiet title to the subject parcel pursuant to Section 1141 of Title 12 of the Oklahoma Statutes, and the civil action results in a judgment for the plaintiff which could have been accomplished through the execution and delivery of a curative instrument or the taking of corrective action identified in a notice, the plaintiff in the quiet title action, in addition to any other requested relief, shall be entitled to recover damages equal to the actual expenses incurred by the plaintiff in identifying the relevant instrument, preparing the notice to the respondent pursuant to Section 3 of this act, and the expenses of litigation directly related to obtaining judgment quieting title in the plaintiff with respect to the interest or apparent interest forming the basis of the action against the respondent, including costs and reasonable attorney fees.
B. If a defendant in the quiet title action who either failed to respond to a notice pursuant to Section 4 of this act or who refused to execute and deliver a curative instrument or take corrective action identified in the notice prevails in the quiet title action, the defendant in the quiet title action, in addition to any other requested relief, shall be entitled to recover damages equal to the actual expenses incurred by the defendant in responding to the notice from the requestor pursuant to Section 4 of this act, and the expenses of litigation directly related to obtaining judgment quieting title in the defendant or asserting an affirmative defense with respect to the interest or apparent interest forming the basis of the action against the defendant, including costs and reasonable attorney fees.
Added by Laws 2000, c. 147, § 5, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1142. Actions to recover real property.

In actions for the recovery of real property, it shall be necessary for the plaintiff to set forth in detail the facts relied upon to establish his claim, and to attach to his petition copies of all deeds or other evidences of title, as in actions upon written contracts; and he must establish the allegations of his petition, whether answer be filed or not.
R.L. 1910, § 4928.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1143. Answer in action to recover real property.

It shall be sufficient in such action, if the defendant in his answer, deny, generally, the title alleged in the petition, or that he withholds the possession, as the case may be, but if he deny the title of the plaintiff, possession by the defendant shall be taken as admitted. Where he does not defend for the whole premises, the answer shall describe the particular part of which defense is made.
R.L. 1910, § 4929.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1144. Action by tenant against cotenant.

In an action, by a tenant in common of real property, against a cotenant, the plaintiff must, in addition to what is required in the second preceding section, state, in his petition, that the defendant either denied the plaintiff's right, or did some act amounting to such denial.
R.L. 1910, § 4930.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1145. Recovery where plaintiff's right ceases during action.

In an action for the recovery of real property, where the plaintiff shows a right to recover at the time the action was commenced, but it appears that his right has terminated during the pendency of the action, the verdict and judgment must be according to the fact, and the plaintiff may recover for withholding the property.
R.L. 1910, § 4931.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1147.1. Determination of rights of living persons and persons not in being - Direction for sale and holding proceeds in trust.

If it shall appear in any suit or proceeding in a district court involving real estate that any person or persons not in being are or may become entitled to, or may upon coming into being claim to be entitled to, any future interest in such real estate, legal or equitable, and if it further appears to be expedient or for the best interests of all concerned, the court may by order determine the rights of all living persons in such real estate and the circumstances under which persons not then in being may claim an interest therein in the future and determine the nature and extent of any such interest or claim and may direct the sale of the full title to the real estate in which such future interest may be claimed, and direct that the proceeds of the sale shall be held as a trust in lieu of the real estate so sold to be administered as hereinafter provided.
Added by Laws 1953, p. 58, § 1, emerg. eff. June 1, 1953.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1147.2. Possible claim affecting undivided interest.

When, under the circumstances stated in Section 1, the possible claim of persons not in being affect only an undivided interest in the full fee simple title to a tract of real estate, such undivided interest only may be sold under the provisions of this act, and the title to the other undivided interest therein shall not, in such case, be affected by said sale.
Added by Laws 1953, p. 58, § 2, emerg. eff. June 1, 1953.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1147.3. Parties to proceedings - Representation of persons not in being - Guardian ad litem.

No sale of real estate hereunder shall be made unless all persons interested in the real estate to be sold (which shall be the full fee simple title in the tract sold if the possible claims of the person or persons not in being affect the full fee simple title thereto, or the full undivided interest in the tract sold if such possible claims affect only such undivided interest) are made parties to said proceedings; provided that where the real estate to be sold is subject to a mortgage or other lien, the mortgagee or lienholder need not be made a party to said proceedings if the sale is made subject to such mortgage or lien. Where the person or persons not in being who may claim an interest in the real estate sold belong to a class of which there is a living member or members whose interests do not conflict with those not in being, such living member or members of said class may be made parties plaintiff or defendant and may appear on behalf of themselves and the unborn members of the class, but in every case the court shall appoint a disinterested person as guardian ad litem for such person or persons not in being, and such guardian ad litem shall be required to file a written answer or other pleading fully disclosing the possible interests of such unborn persons and take all appropriate steps to protect their interests.
Added by Laws 1953, p. 58, § 3, emerg. eff. June 1, 1953.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1147.4. Sale - Trustee - Notice - Terms - Return - Deed - Confirmation.

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