reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-707. Dismissal or default judgment against state - Necessity of proof of notice.

No order shall be made by any county, district or superior court in this state dismissing, for want of prosecution, any action now pending or hereafter filed, wherein the State of Oklahoma is an interested party and in which the Attorney General or any assistant Attorney General shall appear as attorney of record, for the state, nor shall any judgment by default against the State of Oklahoma be rendered by any such court in such action, unless proof is made (that the Attorney General or assistant Attorney General appearing as counsel for the state, shall have been notified) in writing by registered mail, at least ten (10) days prior to the date set for such trial or hearing that the action has been set for trial.
Added by Laws 1919, c. 45, p. 73, § 1, emerg. eff. April 3, 1919.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-708. Form and proof of notice - Fee.

A printed docket or other written notice, setting forth the style of the cause and the day that the same is set for trial or hearing, may be mailed, by registered mail, by the court clerk or opposing counsel, addressed to the Attorney General or the assistant Attorney General appearing as attorney of record for the State of Oklahoma, not less than ten (10) days prior to the date set for such trial or hearing, and the registry return of such notice shall be sufficient proof of the notice herein required. The court clerk is authorized to tax up as cost for each notice given twenty-five cents ($0.25).
Added by Laws 1919, c. 45, p. 73, § 2, emerg. eff. April 3, 1919.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-709. Effect of violation.

All orders and judgments rendered in the absence of proof of the notice herein required and in violation of the provisions of this section shall be void, and the court shall on its own motion vacate and set aside same when the same is brought to its attention.
Added by Laws 1919, c. 45, p. 73, § 3, emerg. eff. April 3, 1919.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-718.2. Definitions.

As used in the Uniform Foreign-Country Money Judgments Recognition Act:
1. “Foreign country” means a government other than:
a.
the United States,
b.
a state, district, commonwealth, territory, or insular possession of the United States, or
c.
any other government with regard to which the decision in this state as to whether to recognize a judgment of the courts of that government is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution; and
2. “Foreign-country judgment” means a judgment of a court of a foreign country.
Added by Laws 2009, c. 283, § 2, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-718.3. Applicability.

A. Except as otherwise provided in subsection B of this section, the Uniform Foreign-Country Money Judgments Recognition Act applies to a foreign-country judgment to the extent that the judgment:
1. Grants or denies recovery of a sum of money; and
2. Under the law of the foreign country where rendered, is final, conclusive, and enforceable.
B. The Uniform Foreign-Country Money Judgments Recognition Act does not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is:
1. A judgment for taxes;
2. A fine or other penalty; or
3. A judgment for divorce, support, or maintenance, or other judgment rendered in connection with domestic relations.
C. A party seeking recognition of a foreign-country judgment has the burden of establishing that the Uniform Foreign-Country Money Judgments Recognition Act applies to the foreign-country judgment.
Added by Laws 2009, c. 283, § 3, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-718.4. Standards for recognition of foreign-country judgment.

A. Except as otherwise provided in subsections B and C of this section, a court of this state shall recognize a foreign-country judgment to which the Uniform Foreign-Country Money Judgments Recognition Act applies.
B. A court of this state may not recognize a foreign-country judgment if:
1. The judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;
2. The foreign court did not have personal jurisdiction over the defendant; or
3. The foreign court did not have jurisdiction over the subject matter.
C. A court of this state need not recognize a foreign-country judgment if:
1. The defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;
2. The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;
3. The judgment or the cause of action on which the judgment is based is repugnant to the public policy of this state or of the United States;
4. The judgment conflicts with another final and conclusive judgment;
5. The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;
6. In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;
7. The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or
8. The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.
D. A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection B or C of this section exists.
Added by Laws 2009, c. 283, § 4, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-718.5. Personal jurisdiction.

A. A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if:
1. The defendant was served with process personally in the foreign country;
2. The defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;
3. The defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
4. The defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country;
5. The defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country; or
6. The defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action arising out of that operation.
B. The list of bases for personal jurisdiction in subsection A of this section is not exclusive. The courts of this state may recognize bases of personal jurisdiction other than those listed in subsection A of this section as sufficient to support a foreign-country judgment.
Added by Laws 2009, c. 283, § 5, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-718.6. Procedure for recognition of foreign-country judgment.

A. If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment.
B. If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense.
Added by Laws 2009, c. 283, § 6, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-718.7. Effect of recognition of foreign-country judgment.

If the court in a proceeding under Section 6 of this act finds that the foreign-country judgment is entitled to recognition under the Uniform Foreign-Country Money Judgments Recognition Act then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is:
1. Conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this state would be conclusive; and
2. Enforceable in the same manner and to the same extent as a judgment rendered in this state.
Added by Laws 2009, c. 283, § 7, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-718.8. Stay of proceedings pending appeal of foreign-country judgment.

If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.
Added by Laws 2009, c. 283, § 8, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-718.9. Statute of limitations.

An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or fifteen (15) years from the date that the foreign-country judgment became effective in the foreign country.
Added by Laws 2009, c. 283, § 9, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-718.10. Uniformity of interpretation.

In applying and construing the Uniform Foreign-Country Money Judgments Recognition Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by Laws 2009, c. 283, § 10, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-718.11. Saving clause.

The Uniform Foreign-Country Money Judgments Recognition Act does not prevent the recognition under principals of comity or otherwise of a foreign-country judgment not within the scope of the Uniform Foreign-Country Money Judgments Recognition Act.
Added by Laws 2009, c. 283, § 11, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-718.12. Effective date.

The Uniform Foreign-Country Money Judgments Recognition Act applies to all actions commenced on or after the effective date of the Uniform Foreign-Country Money Judgments Recognition Act in which the issue of recognition of a foreign-country judgment is raised.
Added by Laws 2009, c. 283, § 12, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-718A. Foreign defamation judgments.

A. For the purposes of this section only, a "foreign defamation judgment" shall mean any judgment for a cause of action equivalent or fundamentally similar to an action for libel or slander that is rendered by a court or tribunal outside the United States or its territories or possessions. This section shall not apply to any judgment for defamation, slander or libel rendered by a federal court or a court or tribunal in this or any other state of the United States, an American Indian tribe recognized by the United States, or one of the United States territories or possessions.
B. In addition to any other defenses that may exist, no foreign defamation judgment shall be recognized or enforced if:
1. It is determined by a court of this state that the judgment was rendered by a judicial system that does not provide impartial tribunals or procedures substantially compatible with the requirements of due process of law applicable to courts of this state;
2. The court or tribunal issuing the foreign defamation judgment did not have personal jurisdiction over the defendant in accordance with the principles applicable under Oklahoma law; or
3. The court or tribunal issuing the foreign defamation judgment did not have subject matter jurisdiction over the action.
C. A foreign defamation judgment shall not be recognized by any court of this state until it is established by a preponderance of the evidence that the defamation, libel or slander law applied in the foreign defamation court's jurisdiction provides the same or higher protection for freedom of speech and press as would be provided under both the United States and Oklahoma Constitutions. If it is determined that the law in the foreign defamation judgment's jurisdiction provides the same or greater protection, then the court may proceed to consider if the judgment shall be recognized as a foreign judgment. If it is determined that the law in the foreign defamation judgment's jurisdiction does not provide the same or greater protection, or if no finding is made on this point, then the court shall not recognize or enforce the foreign defamation judgment and the judgment shall be void.
D. For the purpose of rendering declaratory relief with respect to a person's liability for a foreign defamation judgment and determining whether the foreign defamation judgment should be deemed nonrecognizable, this state's courts have personal jurisdiction over any person who obtains a foreign defamation judgment against any person who:
1. Is a resident of this state;
2. Is a person or entity amenable to the jurisdiction of this state;
3. Has assets in this state; or
4. May have to take action in this state to comply with the foreign defamation judgment.
E. This section shall apply to foreign defamation judgments filed for enforcement on or after November 1, 2013.
Added by Laws 2013, c. 272, § 1, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-721. Filing and status of foreign judgments.

A copy of any foreign judgment authenticated in accordance with the applicable Act of Congress or of the statutes of this state may be filed in the office of the court clerk of any county of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the district court of any county of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a district court of this state and may be enforced or satisfied in like manner. Provided, however, that no such filed foreign judgment shall be a lien on real estate of the judgment debtor until the judgment creditor complies with the requirements of subsection B of Section 706 of this title.
Added by Laws 1968, c. 170, § 3, emerg. eff. April 15, 1968. Amended by Laws 1978, c. 138, § 2, eff. Oct. 1, 1978; Laws 2004, c. 181, § 3, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-722. Notice of filing.

(a) At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of the court an affidavit setting forth the name and last-known post-office address of the judgment debtor, and of the judgment creditor.
(b) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post-office address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
(c) No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until twenty (20) days after the date the judgment is filed.
Added by Laws 1968, c. 170, § 4, emerg. eff. April 15, 1968.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-723. Stay.

(a) If the judgment debtor shows the district or superior court of the county in which the judgment is filed that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, or until the time for appeal expires, or until the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the law of the state in which it was rendered.
(b) If the judgment debtor shows the district or superior court of the county in which the judgment is filed any ground upon which enforcement of a judgment of that court would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.
Added by Laws 1968, c. 170, § 5, emerg. eff. April 15, 1968.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-724. Fees.

Any person filing a foreign judgment shall pay to the court clerk those fees now and hereafter prescribed by statute for the filing of an action in the court in which such judgment is filed. Fees for docketing, transcription, or other enforcement proceedings shall be the same as provided for judgments of the district courts of this state.
Added by Laws 1968, c. 170, § 6, emerg. eff. April 15, 1968.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-728. Standards for recognizing records and proceedings of tribal courts - Reciprocity.

A. This act affirms the power of the Supreme Court of the State of Oklahoma to issue standards for extending full faith and credit to the records and judicial proceedings of any court of any federally recognized Indian nation, tribe, band or political subdivision thereof, including courts of Indian offenses.
B. In issuing any such standard the Supreme Court of the State of Oklahoma may extend such recognition in whole or in part to such type or types of judgments of the tribal courts as it deems appropriate where tribal courts agree to grant reciprocity of judgments of the courts of the State of Oklahoma in such tribal courts.
Added by Laws 1992, c. 384, § 1, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-729. Force and effect of certain judgment, decree or appealable order of a district court.

Any judgment, decree or appealable order of a district court rendered or granted on or after January 1, 1991, and before the effective date of this act, which substantially complies with this act, Chapter 251, O.S.L. 1991, Chapter 251, O.S.L. 1990 or the law which was effective prior to January 1, 1991, shall have the same force and effect as any other properly rendered or granted judgment, decree or appealable order.
From Laws 1991, c. 251, § 23, eff. June 1, 1991. Amended by Laws 1993, c. 351, § 16, eff. Oct. 1, 1993. Codified as § 729 of Title 12 by Laws 1993, § 17, eff. Oct. 1, 1993.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-729.2. Definitions.

As used in this act:
1. "Action" means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim;
2. "Bank-offered spot rate" means the spot rate of exchange at which a bank will sell foreign money at a spot rate;
3. "Conversion date" means the banking day next preceding the date on which money, in accordance with this act, is:
a.
paid to a claimant in an action or distribution proceeding,
b.
paid to the official designated by law to enforce a judgment or award on behalf of a claimant, or
c.
used to recoup, set-off or counterclaim in different moneys in an action or distribution proceeding;
4. "Distribution proceeding" means a judicial or nonjudicial proceeding for the distribution of a fund in which one or more foreign-money claims is asserted and includes, but is not limited to, an accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a corporation or other entity, and the distribution of an estate, trust or other fund;
5. "Foreign money" means money other than money of the United States of America;
6. "Foreign-money claim" means a claim upon an obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money;
7. "Money" means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement;
8. "Money of the claim" means the money determined as proper pursuant to Section 5 of this act;
9. "Person" means an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, joint venture, partnership, association, limited liability company, two or more persons having a joint or common interest or any other legal or commercial entity;
10. "Rate of exchange" means the rate at which money of one country may be converted into money of another country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate of conversion. If separate rates of exchange apply to different kinds of transactions, the term means the rate applicable to the particular transaction giving rise to the foreign-money claim;
11. "Spot rate" means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for immediate or next day availability or for settlement by immediate payment in cash or equivalent, by charge to an account or by an agreed delayed settlement not exceeding two days; and
12. "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a territory or insular possession subject to the jurisdiction of the United States.
Added by Laws 1994, c. 165, § 2, eff. Jan. 1, 1995.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-729.3. Application of act.

A. This act applies only to a foreign-money claim in an action or distribution proceeding.
B. This act applies to foreign-money issues even if other law under the conflict of laws rules of this state applies to other issues in the action or distribution proceeding.
Added by Laws 1994, c. 165, § 3, eff. Jan. 1, 1995.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-729.4. Variation of act by agreement of parties.

A. The effect of this act may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment.
B. Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may agree to use different moneys for different aspects of the transaction. Stating the price in a foreign money for one aspect of a transaction does not alone require the use of that money for other aspects of the transaction.
Added by Laws 1994, c. 165, § 4, eff. Jan. 1, 1995.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-729.5. Determining proper money of claim.

A. The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment.
B. If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money:
1. Regularly used between the parties as a matter of usage or course of dealing;
2. Used at the time of a transaction in international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved; or
3. In which the loss was ultimately felt or will be incurred by the party claimant.
Added by Laws 1994, c. 165, § 5, eff. Jan. 1, 1995.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-729.6. Determining amount to be paid in foreign money.

A. If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date.
B. If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only to payments made within a reasonable time after default, not exceeding thirty (30) days. Thereafter, conversion is made at the bank-offered spot rate on the conversion date.
C. A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor's obligation to be paid in the debtor's money, when received by the creditor, must equal a specified amount of the foreign money of the country of the creditor. If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator shall amend the judgment or award accordingly.
Added by Laws 1994, c. 165, § 6, eff. Jan. 1, 1995.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-729.7. Assertion of claim or defense using a foreign money.

A. A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars.
B. An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant.
C. A person may assert a claim as a defense, set-off, recoupment or counterclaim in any money appropriate for the claim without regard to the money of other claims.
D. The determination of the proper money of the claim is a question of law.
Added by Laws 1994, c. 165, § 7, eff. Jan. 1, 1995.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-729.8. Judgment or award on foreign-money claim.

A. Except as provided in subsection C of this section, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim.
B. A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars which will purchase that foreign money on the conversion date at a bank-offered spot rate.
C. Assessed costs must be entered in United States dollars.
D. Each payment in United States dollars must be accepted and credited on a judgment or award on a foreign-money claim in the amount of the foreign money that could be purchased by the dollars at a bank-offered spot rate of exchange at or near the close of business on the conversion date for that payment.
E. A judgment or award made in an action or distribution proceeding on both:
1. A defense, set-off, recoupment or counterclaim; and
2. The adverse party's claim,
must be netted by converting the money of the smaller into the money of the larger, and by subtracting the smaller from the larger, and specify the rates of exchange used.
F. A judgment substantially in the following form complies with subsection A of this section:
IT IS ADJUDGED AND ORDERED, that Defendant (insert name) pay to Plaintiff (insert name) the sum of (insert amount in the foreign money) plus interest on that sum at the rate of (insert rate - see Section 10 of this act) percent a year or, at the option of the judgment debtor, the number of United States dollars which will purchase the (insert name of foreign money) with interest due, at a bank-offered spot rate at or near the close of business on the banking day next before the day of payment, together with assessed costs of (insert amount) United States dollars.
G. If a contract claim is of the type covered by subsection A or B of Section 6 of this act, the judgment or award must be entered for the amount of money stated to measure the obligation to be paid in the money specified for payment or, at the option of the debtor, the number of United States dollars which will purchase the computed amount of the money of payment on the conversion date at a bank-offered spot rate.
H. In order to create a lien, a judgment in foreign money must be filed and indexed in the same manner as other judgments. It may be discharged in the same manner as other judgments.
Added by Laws 1994, c. 165, § 8, eff. Jan. 1, 1995.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-729.9. Rate of exchange.

The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated.
Added by Laws 1994, c. 165, § 9, eff. Jan. 1, 1995.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-729.10. Interest.

A. With respect to a foreign-money claim, recovery of prejudgment or pre-award interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in subsection B of this section, are matters of the substantive law governing the right to recovery under the conflict-of-laws rules of this state.
B. The court or arbitrator shall increase or decrease the amount of prejudgment or pre-award interest otherwise payable in a judgment or award in foreign money to the extent required by the law of this state governing a failure to make or accept an offer of settlement or offer of judgment, or conduct by a party or its attorney causing undue delay or expense.
C. A judgment or award on a foreign-money claim bears interest at the rate applicable to judgments of this state.
Added by Laws 1994, c. 165, § 10, eff. Jan. 1, 1995.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-729.11. Enforcement of foreign judgment.

A. If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in Section 8 of this act, whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars.
B. A foreign judgment may be filed in accordance with any rule or statute of this state providing a procedure for its recognition and enforcement.
C. A satisfaction or partial payment made upon the foreign judgment, on proof thereof, must be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this state.
D. A judgment entered on a foreign-money claim only in United States dollars in another state must be enforced in this state in United States dollars only.
Added by Laws 1994, c. 165, § 11, eff. Jan. 1, 1995.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-729.12. Enforcement of provisional remedies.

A. Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment.
B. For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution or other legal process, the amount of United States dollars at issue for assessing costs, or the amount of United States dollars involved for a surety bond or other court-required undertaking, must be ascertained as provided in subsections C and D of this section.
C. A party seeking the process, costs, bond or other undertaking under subsection B of this section shall compute in United States dollars the amount of the foreign money claimed from a bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs, or an application for a bond or other court-required undertaking.
D. A party seeking the process, costs, bond or other undertaking under subsection B of this section shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used and how it was obtained, and setting forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate.
Added by Laws 1994, c. 165, § 12, eff. Jan. 1, 1995.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-729.13. Foreign money revalorization.

A. If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money.
B. If substitution under subsection A of this section occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend the judgment or award by a like conversion of the former money.
Added by Laws 1994, c. 165, § 13, eff. Jan. 1, 1995.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-729.14. Principles of law and equity - Construction of act.

Unless displaced by particular provisions of this act, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating causes supplement its provisions.
Added by Laws 1994, c. 165, § 14, eff. Jan. 1, 1995.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-735. Must be issued within five years or judgment becomes unenforceable - Inapplicable to municipalities or child support judgments.

A. A judgment shall become unenforceable and of no effect if, within five (5) years after the date of filing of any judgment that now is or may hereafter be filed in any court of record in this state:
1. Execution is not issued by the court clerk and filed with the county clerk as provided in Section 759 of this title;
2. A notice of renewal of judgment substantially in the form prescribed by the Administrative Director of the Courts is not filed with the court clerk;
3. A garnishment summons is not issued by the court clerk; or
4. A certified copy of a notice of income assignment is not sent to a payor of the judgment debtor.
B. A judgment shall become unenforceable and of no effect if more than five (5) years have passed from the date of:
1. The last execution on the judgment was filed with the county clerk;
2. The last notice of renewal of judgment was filed with the court clerk;
3. The last garnishment summons was issued; or
4. The sending of a certified copy of a notice of income assignment to a payor of the judgment debtor.
C. This section shall not apply to judgments against municipalities or to child support judgments by operation of law.
R.L. 1910, § 5153. Amended by Laws 1981, c. 120, § 1, eff. Oct. 1, 1981; Laws 1988, c. 22, § 1, eff. Nov. 1, 1988; Laws 1989, c. 236, § 5, eff. July 1, 1989; Laws 1997, c. 320, § 3, eff. Nov. 1, 1997; Laws 2000, c. 384, § 1, eff. Nov. 1, 2000; Laws 2002, c. 468, § 4, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-736. Execution to command levy on personalty before levy on realty - Endorsement of amount of debt, damages, and costs on execution.

The writ of execution against the property of the judgment debtor, issuing from any court of record in this state, shall command the officer to whom it is directed, that of the goods and chattels of the debtor he cause to be made the money specified in the writ; and for want of goods and chattels, he cause the same to be made of the lands and tenements of the debtor; and the amount of the debt, damages and costs, for which the judgment is entered, shall be endorsed on the execution.
R.L. 1910, § 5154.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-737. Priority among executions.

When two or more writs of execution against the same debtor shall be sued out during the term in which judgment was rendered, or within ten (10) days thereafter, and when two or more writs of execution against the same debtor shall be delivered to the officer on the same day, no preference shall be given to either of such writs; but if a sufficient sum of money be not made to satisfy all such executions, the amount made shall be distributed to the several creditors in proportion to the amount of their respective demands. In all other cases, the writ of execution first delivered to the officer shall be first satisfied. And it shall be the duty of the officer to endorse on every writ of execution the time when he received the same; but nothing herein contained shall be so construed as to affect any preferable lien which one or more of the judgments, on which execution issued, may have on the lands of the judgment debtor.
R.L. 1910, § 5155.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-751. Levy on goods and chattels, then on realty - Sale of lands subject to liens - Appraisement.

The officer to whom a writ of execution is delivered, shall proceed immediately to levy the same upon the goods and chattels of the debtor; but if no goods and chattels can be found, the officer shall endorse on the writ of execution, "No goods," and forthwith levy the writ of execution upon the lands and tenements of the debtor, which may be liable to satisfy the judgment; and if any of the lands and tenements of the debtor which may be liable shall be encumbered by a mortgage or any other lien or liens, such lands and tenements may be levied upon and appraised. If the appraisal reveals any equity in excess of such mortgage or liens, the lands and tenements may be sold, subject to such mortgage or liens, stated in the appraisal. If the appraisal reveals no equity, the lands and tenements of the debtor shall not be sold.
R.L. 1910, § 5156. Amended by Laws 1985, c. 277, § 10, eff. Nov. 1, 1985.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-753. Same void when issued to or levied otherwise.

Any attachment or execution issued to, or levied by anyone other than a bonded officer shall be void and of no effect and the court clerk or judge of the district court, or clerks of the judge of the district court issuing same, or officer levying same, as the case may be, together with their bondsmen shall be liable for any damage caused thereby.
Added by Laws 1919, c. 139, p. 199, § 2.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-755. Property claimed by third person - Plaintiff to secure officer.

If the officer, by virtue of an execution issued from any court of record in this state, shall levy the same on any goods and chattels claimed by any person other than the defendant, or be requested by the plaintiff to levy on any such goods and chattels, the officer may require the plaintiff to give him an undertaking, with good and sufficient securities to pay all costs and damages that he may sustain by reason of the detention or sale of such property; and until such undertaking shall be given, the officer may refuse to proceed as against such property.
R.L. 1910, § 5157.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-756. Redelivery to defendant, when - Undertaking.

In all cases where a sheriff or other officer shall, by virtue of an execution, levy upon any goods and chattels which shall remain upon his hands unsold, for want of bidders, for the want of time to advertise and sell, or any other reasonable cause, the officer may, for his own security, take of the defendant an undertaking, with security, in such sum as he may deem sufficient, to the effect that the said property shall be delivered to the officer holding an execution for the sale of the same, at the time and place appointed by said officer, either by notice, given in writing, to said defendant in execution, or by advertisement published in a newspaper printed in the county, naming therein the day and place of sale. If the defendant shall fail to deliver the goods and chattels at the time and place mentioned in the notice to him, given, or to pay to the officer holding the execution the full value of said goods and chattels, or the amount of said debt and costs, the undertaking, given as aforesaid, may be proceeded on as in other cases.
R.L. 1910, § 5158.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-758. Further levy when property taken insufficient.

When any writ shall issue, directing the sale of property previously taken in execution, the officer issuing said writ shall, at the request of the person entitled to the benefit thereof, his agent or attorney, add thereto a command to the officer to whom such writ shall be directed, that if the property remaining in his hands not sold shall, in his opinion, be insufficient to satisfy the judgment, he shall levy the same upon lands and tenements, goods and chattels, or either, as the law shall permit, being the property of the judgment debtor, sufficient to satisfy the debt.
R.L. 1910, § 5160.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-759. Filing and index of execution - Appraisement of property - Extension of judgment lien.

A. When a general execution is issued and placed in the custody of a sheriff for levy, a certified copy of the execution shall be filed in the office of the county clerk of the county whose sheriff holds the execution and shall be indexed in the same manner as judgments. At the time the execution is filed, the court clerk shall collect from the party seeking a general execution all fees necessary for the payment of the disinterested persons or a legal entity for services in appraising the subject property pursuant to the requirements of subsection B of this section.
B. If a general or special execution is levied upon lands and tenements, the sheriff shall endorse on the face of the writ the legal description and shall have three disinterested persons who have taken an oath to impartially appraise the property levied on or a legal entity which has provided a written affidavit of impartiality, upon actual view; and the disinterested persons or legal entity shall return to the officer a signed estimate of the real value of the property. If an estimate is obtained from a disinterested legal entity, such estimate shall be developed by the legal entity using at least three independent, credible sources, each of which has estimated the real value of the subject property independently. The disinterested persons or legal entity shall be paid for such services by the court clerk of the county where the property is located within thirty (30) days of the date that they return their estimate of the real value of the property.
C. To extend a judgment lien beyond the initial or any subsequent statutory period, prior to the expiration of such period, a certified copy of one of the following must be filed and indexed in the same manner as judgments in the office of the county clerk in the county in which the statement of judgment was filed and the lien thereof is sought to be retained:
1. A general execution upon the judgment;
2. A notice of renewal of judgment;
3. A garnishment summons issued against the judgment debtor; or
4. A notice of income assignment sent to a payor of the judgment debtor.
R.L.1910, § 5161. Amended by Laws 1981, c. 120, § 2; Laws 1988, c. 22, § 2, eff. Nov. 1, 1988; Laws 1997, c. 320, § 4, eff. Nov. 1, 1997; Laws 2000, c. 384, § 2, eff. Nov. 1, 2000; Laws 2010, c. 404, § 1, eff. Nov. 1, 2010; Laws 2019, c. 122, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-760. Waiver of appraisement - Order of sale not to issue until six months after judgment.

If the words "appraisement waived" or other words of similar import, shall be inserted in any deed, mortgages, bonds, notes, bill or written contract, any court rendering judgment thereon, shall order as a part of the judgment that the same, and any process issued thereon, shall be enforced, and that lands and tenements may be sold thereunder without appraisement; and such judgment, and any process issued thereon shall be enforced, and sales of land and tenements made thereunder, without any appraisement or valuation being made of the property, to be sold: Provided, that no order of sale or execution shall be issued upon such judgment until the expiration of six (6) months from the time of the rendition of the initial judgment.
R.L. 1910, § 5162. Amended by Laws 2017, c. 201, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-762. Lien restricted to property levied on when two-thirds of appraised value sufficient to satisfy judgment - Amount for which property sold - Sale for debt or taxes due state.

If, upon such return, as aforesaid, it appear, by the inquisition, that two-thirds (2/3) of the appraised value of said lands and tenements, so levied upon is sufficient to satisfy the execution, with costs, the judgment on which such execution issued shall not operate as a lien on the residue of the debtor's estate, to the prejudice of any other judgment creditor; but no such property shall be sold for less than two-thirds (2/3) of the value returned in the inquest; and nothing in this section contained shall, in any wise, extend to affect the sale of lands by the state, but all lands, the property of individuals indebted to the state for any debt or taxes, or in any other manner, shall be sold without valuation, for the discharge of such debt or taxes, agreeably to the laws in such cases made and provided.
R.L. 1910, § 5164.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-763. Judgments against public officers - Sale without valuation.

If the property of any clerk, sheriff, coroner, judge of the district court, constable or any collector of state, county, town or township tax, shall be levied on for, or on account of, any monies that now are, or may hereafter be, by them collected or received in their official capacity, the property so levied on shall be sold without valuation.
R.L. 1910, § 5165.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-766. Sheriff's deed - Title transferred - Requisites.

The sheriff or other officer who, upon such writ or writs of execution, shall sell the said lands and tenements, or any part thereof, at a physical place or by Internet or other electronic means, including an online auction marketplace, shall make to the purchaser as good and sufficient deed of conveyance of the land sold, as the person or persons against whom such writ or writs of execution were issued could have made of the same, at or any time after they became liable to the judgment. The deed shall be sufficient evidence of the legality of such sale, and the proceedings therein, until the contrary be proved, and shall vest in the purchaser as good and as perfect an estate in the premises therein mentioned, as was vested in the party at, or after, the time when such lands and tenements became liable to the satisfaction of the judgment; and such deed of conveyance, to be made by the sheriff or other officer, shall recite the execution or executions, or the substance thereof, and the names of the parties, the amount and date of rendition of each judgment, by virtue whereof the said lands and tenements were sold as aforesaid, and shall be executed, acknowledged and recorded as is or may be provided by law, to perfect the conveyance of real estate in other cases.
R.L. 1910, § 5168. Amended by Laws 2022, c. 326, § 3, emerg. eff. May 25, 2022.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-767. Officers may require advance of printer's fees.

The officer who levies upon goods and chattels, or lands and tenements, or who is charged with the duty of selling the same by virtue of any writ of execution, may refuse to publish a notice of the sale thereof by advertisement in a newspaper until the party for whose benefit such execution issued, his agent or attorney, shall advance to such officer so much money as will be sufficient to discharge the fees of the printer for publishing such notice.
R.L. 1910, § 5169.