reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1181. Mutual defense by garnishee and defendant.

At any time before final order or judgment against the garnishee, the defendant may in all cases, by answer duly verified defend the proceedings against any garnishee, upon the ground that the indebtedness of the garnishee, or any property held by him, is exempt from execution against such defendant, or for any other reason is not liable to garnishment; or upon any ground upon which a garnishee might defend the same; and may participate in the trial of any issue between the plaintiff and garnishee for the protection of his interests. The garnishee may at his option, defend the principal action for the defendant, if the latter does not, but shall be under no obligations so to do.
R.L. 1910, § 4831. Amended by Laws 1965, c. 297, § 11.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1182. Proceedings deemed actions - Judgment and enforcement - Trial and dismissal - Unmatured or unliquidated debts.

The proceedings against a garnishee shall be deemed an action by the judgment creditor against garnishee and defendant, as parties defendant, and all of the provisions for enforcing judgment shall be applicable thereto. No trial shall be had of the garnishee action until the judgment creditor shall have judgment in the principal action, and if the defendant have judgment, the garnishee action shall be dismissed with costs, unless the judgment creditor shall perfect an appeal according to law, in which event the garnishment proceeding shall be continued until the disposition of the appeal, and it shall not be necessary to appeal the garnishment proceedings, or make the garnishee a party to the appeal. The court shall render such judgment in all cases as shall be just to all of the parties and shall properly protect their respective interests, and may adjudge the recovery of any indebtedness, the conveyance, transfer, or delivery to the sheriff, or any officer appointed by the judgment, of any property disclosed or found to be liable to be applied to the judgment creditor's demand, or by the judgment pass the title thereto; and may therein, or by its order when proper, direct the manner of making sale and of disposing of the proceeds thereof, or of any money or other things paid over or delivered to the clerk or officer. The judgment against a garnishee shall acquit and discharge from all demands by the defendant or the defendant's representatives for all moneys, goods, effects, or credits paid, delivered or accounted for by the garnishee by force of such judgment; provided, it shall be no defense to proceedings against a garnishee that the debt owing by the garnishee to the defendant was unliquidated or was not due.
R.L. 1910, § 4832. Amended by Laws 1913, c. 121, p. 232, § 1; Laws 1965, c. 297, § 12; Laws 1995, c. 338, § 14, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1183. Examination of garnishee.

The garnishee may be examined by the judgment creditor in any manner prescribed by the Oklahoma Discovery Code. Discovery may commence at any time after the service of the garnishee summons. If the garnishee is a corporation, any principal officer thereof may be so examined. Within forty-five (45) days after the filing of the answer affidavit by the garnishee, the judgment creditor may commence discovery concerning any matter contained in the answer or germane to any liability on the garnishee's part to the principal defendant. A copy of the discovery request or notice of deposition and such statement shall be served upon the garnishee or the garnishee's attorney of record in the manner provided for service of summons. The garnishee within twenty (20) days of the date of service of a discovery request shall deliver by mail a copy to the judgment creditor or the judgment creditor’s attorney of record, full and true answers to all discovery requests, verified by affidavit, in the manner prescribed by the Oklahoma Discovery Code.
R.L.1910, § 4833. Amended by Laws 1965, c. 297, § 13; Laws 1995, c. 338, § 15, eff. Nov. 1, 1995; Laws 1999, c. 293, § 16, eff. Nov. 1, 1999; Laws 2011, c. 187, § 7, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1184. Disclaimer by garnishee - Interpleading interested party.

When the answer of the garnishee shall disclose that any other person than the defendant claims the indebtedness or property in his hands, and the name and residence of such claimant, the court may, on motion, order that such claimant be interpleaded, as a defendant to the garnishee action; and that notice thereof, setting forth the facts, with a copy of such order, in such form as the court shall direct, be served upon him; and that after such service shall have been made, the garnishee may pay or deliver to the officer or the clerk such indebtedness or property, and have a receipt therefor, which shall be a complete discharge from all liability to any party for the amount paid or property so delivered. Such notice shall be served in the manner required for service of a summons in a civil action, and may be made without the state, or by publication thereof, if the order shall so direct. Upon such service being made, such claimant shall be deemed a defendant to the garnishee action and within ten (10) days shall answer, setting forth his claim or any defense which the garnishee might have made. In case of default, judgment may be rendered, which shall conclude any claim upon the part of such defendant.
R.L. 1910, § 4834. Amended by Laws 1965, c. 297, § 14.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1185. Liability of garnishee.

From the time of the service of the summons upon the garnishee he shall stand liable to the plaintiff to the amount of the property, monies, credits and effects in his possession or under his control, belonging to the defendant or in which he shall be interested, to the extent of his right or interest therein, and of all debts due or to become due to the defendant, except such as may be by law exempt from execution. Any property, monies, credits and effects held by a conveyance or title void as to the creditors of the defendant, shall be embraced in such liability. In case such monies, credits and effects in the possession or under the control of the garnishee shall exceed the amount of the plaintiff's claim, the garnishee shall stand liable to the plaintiff only for the amount of the plaintiff's claim as disclosed by the garnishment affidavit, together with such further amount as shall be equal to all costs and damages, which the plaintiff may recover in the action and garnishment proceedings.
R.L. 1910, § 4835.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1186. Garnishee not liable for what - Judgment on unmatured obligation.

No judgment shall be rendered upon a liability of the garnishee arising --
First, By reason of his having drawn, accepted, made, endorsed or guaranteed any negotiable bill, draft, note, or other security.
Second, By reason of any money or other thing received or collected by him as sheriff or other officer, by force of an execution or other legal process in favor of the defendant.
Third, By reason of any money in his hands as a public officer, and for which he is accountable to the defendant merely as such officer.
Fourth, By reason of any money or other thing owing from him to the defendant, unless before judgment against the defendant it shall become due absolutely and without depending on any future emergency. Judgment may be given for any money or other thing owing, although it has not become payable, in which case the garnishee shall not be required to pay or deliver it before the time appointed by the contract.
R.L. 1910, § 4836.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1187. Action by defendant against garnishee.

No action shall be commenced by the defendant or his assignee against a garnishee upon any claim or demand liable to garnishment, or to recover any property garnished, or execution be issued upon a judgment in favor of defendant against such garnishee subsequent to the service of the garnishee summons upon him, until the termination of the garnishee action; and if an action shall have been commenced or an execution issued, it shall be stayed by the court or a judge thereof, upon the garnishee's application; except that upon cause shown, the court or a judge may by order permit the commencement of such an action, or the issue of an execution, or the further prosecution of one stayed.
R.L. 1910, § 4837.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1188. Bond by defendant.

The defendant may, at any time after the garnishment affidavit is filed, and before judgment, file with the clerk of the court an undertaking, executed by at least two sureties, resident freeholders of the state, to the effect that they will, on demand, pay to the plaintiff the amount of the judgment that may be recovered against such defendant in the action, with all costs not exceeding a sum specified, which sum shall not be less than double the amount demanded by the complaint on file, or in such less sum as the court shall, upon application, direct. The sureties shall justify their responsibility by affidavit annexed stating a sum which each is worth, in property within this state, over and above all his debts and liabilities and property exempt from execution, the aggregate of which sums shall be double the amount specified in the undertaking. The defendant shall serve a copy of such undertaking, with a notice where and when the same was filed, on the plaintiff. Within three (3) days after the receipt thereof the plaintiff shall give notice to the defendant that he excepts to the sufficiency of the sureties, or he shall be deemed to have waived all objections to them.
R.L. 1910, § 4838.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1189. Justification of sureties - Garnishees discharged.

When the plaintiff excepts, the sureties shall appear for justification before the judge of the district court or the county judge of the county in which the action is brought, at a time and place to be mentioned in the notice given by the plaintiff, and may be examined on oath on the part of the plaintiff touching their sufficiency, in such manner as the judge in his discretion may think proper. The examination shall be reduced to writing and subscribed by the sureties, if required by the plaintiff. If the judge find the sureties sufficient he shall annex the examination to the undertaking, endorse his allowance thereon, and cause them to be filed with the clerk of the district court. Thereafter all the garnishees shall be discharged, and the garnishment proceedings shall be deemed discontinued, and any money or property paid or delivered to any officer shall be surrendered to the person entitled thereto, and the costs shall be taxable as disbursements of the plaintiff in the action if he recovers. The judge may in his discretion require the costs of the justification before him, including fees to the sureties as witnesses, to be forthwith paid by the party requiring justification.
R.L. 1910, § 4839.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1192. Garnishment of money due from state, county or municipality - Exceptions.

That it shall be lawful for any creditor of any person, firm or corporation in this state, to whom the state or any county, city, town, school board, board of education or any municipal subdivision of the state is indebted, to cause a garnishment to issue to, and to garnishee sums, wages or other sums due such creditor of the state or such municipality to the same extent and in like manner as if such creditor of the state or such municipality was a creditor of a private individual, firm or corporation; provided, however, that such officer or employee of said state, county or municipality shall be entitled to the exemptions as to amount of such wages, salary, fund or compensation due thereto, as is exempt from attachment, execution or garnishment in favor of officers or employees of private individuals or corporations.
Added by Laws 1925, c. 33, p. 51, § 1.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1193. Summons - Service when state, state department or institution, county or municipality garnished - Warrants.

Where the state is garnisheed, service shall be made by summons, as in other cases, upon the officer having control of the department or institution which caused the state to become indebted to the defendant in the case in which the garnishment summons is issued. Where the state department is under the control of a board or commission, service of the garnishment summons may be had upon either the chairman or the secretary of said board or commission. Service upon the officer having control of a state institution shall be had upon the president of the school, college or university, the superintendent of the institution, or the warden of the penitentiary or reformatory involved, although such persons may not be technically officers. It is the intent and purpose of this section that the officer, board or commission which caused the state to become indebted, and whose duty it is to see that the indebtedness is paid, shall be the agency of the state upon which the garnishment summons shall be served. Upon request of any such agency of the state, the State Treasurer shall draw warrants, or cancel warrants already drawn by him, and reissue same in such amounts as will enable the agency of the state served to comply with the garnishment proceedings. The State Treasurer shall not deliver any warrant direct to the payee thereof, but he shall in every instance deliver warrants drawn by him to the agency of the state which caused the indebtedness, to be paid by the warrant, to be incurred. Provided, that when a state officer not under the control of a state department or institution of the state is the defendant, service of garnishment shall be made by summons, as in other cases, upon the State Treasurer. Where the county is garnisheed, service shall be made by summons, as in other cases, upon the county clerk; where a city is garnisheed, service shall be made by summons, as in other cases, upon the city clerk; where towns are garnisheed, service shall be made by summons, as in other cases, upon the town clerk; where townships are garnisheed, service shall be made by summons, as in other cases, upon the township clerk; where township government has heretofore been abolished and the functions and powers of township government are being performed by a board of county commissioners, service herein shall be made by summons, as in other cases, upon the county clerk; where school boards or board of education are garnisheed, service herein shall be made by summons, as in other cases, upon the clerk of such boards.
Added by Laws 1925, c. 33, p. 51, § 2. Amended by Laws 1939, p. 1, § 1; Laws 1949, p. 97, § 1; Laws 1979, c. 47, § 5, emerg. eff. April 9, 1979.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1194. State or political subdivisions as garnishee - Judgments.

No judgment shall be rendered against the state, or any county, city, town, board of education, school board or any municipal subdivision of the state named as garnishee, but judgment may be rendered against any person served pursuant to Section 1193 of this title, who shall willfully fail, neglect or refuse to answer garnishment summons; provided, no person employed by the state or any county, city, town, board of education, school board, or any municipal subdivision of the state shall be held personally liable unless the failure, neglect, or refusal to answer is willful.
Added by Laws 1925, c. 33, p. 51, § 3, emerg. eff. Feb. 23, 1925. Amended by Laws 1965, c. 297, § 16; Laws 2005, c. 78, § 1, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1195. Garnishment bond not required when state is plaintiff.

That in all actions in which the State of Oklahoma is party plaintiff, no garnishment bond shall be required of the plaintiff, but that garnishment writ shall issue upon the filing of proper affidavits, as provided by law.
Added by Laws 1923, c. 74, p. 141, § 1, emerg. eff. March 31, 1923.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1196. Judgment - Garnishee liability to defendant.

If the plaintiff takes issue with the answer of the garnishee, the plaintiff may have a copy of the garnishee's answer and a copy of the plaintiff's notice which takes issue with the answer served on the defendant. If the defendant is served copies of the garnishee's answer and the plaintiff's notice, the determination of the court as to the liability of the garnishee to the defendant will be binding on the defendant in any future action involving him and the garnishee whether or not the defendant participates in the trial of the issues raised by the garnishee's answer.
Added by Laws 1976, c. 87, § 9, emerg. eff. May 4, 1976.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1222. Subsequent attachment.

Where property is under attachment, it shall be attached under subsequent orders, as follows:
First, if it be real property, it shall be attached in the same manner prescribed in Section 4820.
Second, if it be personal property, it shall be attached as in the hands of an officer, and subject to any previous attachment.
Third, if the same person or corporation be made a garnishee, a copy of the order and notice shall be left with him in the manner prescribed in Section 4841.
R.L. 1910, § 4843.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1223. Return of order.

The officer shall return, upon every order of attachment, what he has done under it. The return must show the property attached, and the time it was attached; when garnishees are served, their names, and the time each was served, must be stated. The officer shall also return with the order all undertakings given under it.
R.L. 1910, § 4844.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1224. Appointment and bond of receiver.

The court, or any judge thereof, during vacation, may, on application of the plaintiff, and on good cause shown, appoint a receiver, who shall take an oath faithfully to discharge his duty and shall give an undertaking to the State of Oklahoma, in such sum as the court or judge may direct, and with such security as shall be approved by the clerk of such court, for the faithful performance of his duty as such receiver, and to pay over all money and account for all property which may come into his hands by virtue of his appointment, at such times and in such manner as the court may direct.
R.L. 1910, § 4845.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1225. Duties of receiver.

Such receiver shall take possession of all notes, due bills, books of account, accounts and all other evidences of debt that have been taken, by the sheriff or other officer, as the property of the defendant in attachment, and shall proceed to settle and collect the same. For that purpose, he may commence and maintain actions in his own name as such receiver; but in such actions no right of defense shall be impaired or affected.
R.L. 1910, § 4846.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1226. Notice to debtors.

Such receiver shall forthwith give notice of his appointment to the persons indebted to the defendant in attachment. The notice shall be written or printed, and shall be served on the debtor or debtors, by copy personally, or by copy left at the residence of the debtor or debtors; and from the date of such service, the debtors shall stand liable to the plaintiff in attachment for the amount of money or credits in their hands, or due from them to the defendant in attachment, and shall account therefor to the receiver.
R.L. 1910, § 4847.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1228. Sheriff to act as receiver - When.

Where a receiver is not appointed by the court or a judge thereof, the sheriff or other officer attaching the property, shall have all the powers and perform all the duties of a receiver appointed by the court or a judge, and may, if necessary, commence and maintain actions in his own name as such officer. He may be required to give security other than his official undertaking.
R.L. 1910, § 4849.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1229. Disposition of property.

The court shall make proper orders for the preservation of the property during the pendency of the suit; it may direct a sale of property, when, because of its perishable nature; or of the costs of keeping it, a sale will be for the benefit of the parties. In vacation, such sale may be ordered by the judge of the court. The sale shall be public, after such advertisement as is prescribed for the sale of like property on execution, and shall be made in such manner and upon such terms of credit, with security, as the court or judge, having, regard to the probable duration of the action, may direct. The proceeds, if collected by the sheriff, with all the monies received by him from garnishees, shall be held and paid over by him, under the same requirement and responsibility of himself and sureties, as are provided in respect to money deposited in lieu of bail.
R.L. 1910, § 4850.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1230. Bond to discharge attachment.

If the defendant, or other person on his behalf, at any time before judgment, cause an undertaking to be executed to the plaintiff, by one or more sureties, resident in the county, to be approved by the court, in double the amount of the plaintiff's claim as stated in his affidavit, to the effect that the defendant shall perform the judgment of the court, the attachment in such action shall be discharged, and restitution made of any property taken under it or the proceeds thereof. Such undertaking shall, also, discharge the liability of a garnishee in such action, for any property of the defendant in his hands.
R.L. 1910, § 4851.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1231. Bond - Execution in vacation.

The undertaking mentioned in the last section may, in vacation, be executed in the presence of the sheriff having the order of attachment in his hands, or after the return of the order, before the clerk, with the same effect as if executed in court, the sureties in either case to be approved by the officer before whom the undertaking is executed.
R.L. 1910, § 4852.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1233. Garnishee may pay money into court.

A garnishee may pay the money owing to the defendant by him to the sheriff having the order of attachment, or into court. He shall be discharged from liability to the defendant for any money so paid, not exceeding the plaintiff's claim. He shall not be subject to costs, beyond those caused by his resistance of the claim against him; and if he discloses the property in his hands, or the true amount owing by him, and deliver and pay the same, according to the order of the court, he shall be allowed his costs.
R.L. 1910, § 4854.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1234. Discharge of attachment - Proceedings.

If judgment be rendered in the action for the defendant the attachment shall be discharged and the property attached, or its proceeds, shall be returned to him. If the attachment or garnishment shall be discharged on motion prior to final judgment, the defendant may, upon proper supplemental answer, recover his damages, as in other cases for such wrongful attachment or garnishment.
R.L. 1910, § 4855.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1235. Judgment for plaintiff - How satisfied - Surplus.

If judgment be rendered for the plaintiff, it shall be satisfied as follows: So much of the property remaining in the hands of the officer, after applying the monies arising from the sale of perishable property, and so much of the personal property and lands and tenements, if any, whether held by legal or equitable title, as may be necessary to satisfy the judgment, shall be sold by order of the court, under the same restrictions and regulations as if the same had been levied on by execution; and the money arising therefrom, with the amount which may be recovered from the garnishee, shall be applied to satisfy the judgment and costs. If there be not enough to satisfy the same, the judgment shall stand, and execution may issue thereon for the residue, in all respects as in other cases. Any surplus of the attached property or its proceeds shall be returned to the defendant.
R.L. 1910, § 4856.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1236. Delivery to sheriff of attached property.

The court may compel the delivery to the sheriff, for sale, of any of the attached property for which an undertaking may have been given, and may proceed summarily, on such undertaking, to enforce the delivery of the property, or the payment of such sum as may be due upon the undertaking, by rules and attachments, as in cases of contempt.
R.L. 1910, § 4857.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1237. Possession by sheriff.

The court may order the sheriff to repossess himself, for the purpose of selling it, of any of the attached property, which may have passed out of his hands, without having been sold or converted into money; and the sheriff shall, under such order, have the same power to take the property as he would have under an order of attachment.
R.L. 1910, § 4858.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1238. Reference to ascertain priority of attachments.

Where several attachments are executed upon the same property, or the same persons are made garnishees, the court, on motion of any of the plaintiffs, may order a reference, to ascertain and report the amounts and priorities of the several attachments, or may determine any such amount and priorities without such reference.
R.L. 1910, § 4859.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1239. Jurisdiction after issuance of order of attachment - Proceedings not abated by death or expiration of charter, etc.

From the time of the issuing of the order of attachment, the court shall be deemed to have acquired jurisdiction and to have control of all subsequent proceedings under the attachment; and if, after the issuing of the order, the defendant, being a person, should die, or a corporation, and its charter should expire by limitation, forfeiture or otherwise, the proceedings shall be carried on; but in all such cases, other than where the defendant was a foreign corporation, his legal representatives shall be made parties to the action.
R.L. 1910, § 4860.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1240. Additional security by plaintiff.

The defendant may, at any time before judgment, after reasonable notice to the plaintiff, move the court for additional security on the part of the plaintiff; and if, on such motion, the court is satisfied that the surety in the plaintiff's undertaking has removed from this state, or is not sufficient for the amount thereof, it may vacate the order of attachment and direct restitution of any property taken under it, unless, in a reasonable time, to be fixed by the court, sufficient security be given by the plaintiff.
R.L. 1910, § 4861.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1241. Motion to discharge attachment.

The defendant may, at any time before judgment upon reasonable notice to the plaintiff, move to discharge an attachment, as to the whole or part of the property attached. A motion to discharge an attachment shall be heard promptly, and in any case within five (5) days after the date that it was filed. Where the defendant did not receive actual notice of the hearing, the court must grant his motion unless, at the hearing on defendant's motion, the plaintiff proves the probable merit of his cause and the truth of the averments in his application.
R.L. 1910, § 4862. Amended by Laws 1976, c. 87, § 3, emerg. eff. May 4, 1976.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1242. Affidavits and evidence in opposition to motion.

If the motion be made upon affidavits, on the part of the defendant, or papers and evidence in the case, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence, in addition to that on which the order of attachment was made.
R.L. 1910, § 4863.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1243. Action and attachment against fraudulent debtor.

Where a debtor has sold, conveyed or otherwise disposed of his property with the fraudulent intention of cheating or defrauding his creditors, or to hinder or delay them in the collection of their debts, or is about to make such sale or conveyance or disposition of his property with such fraudulent intent, or is about to remove his property or a material part thereof, with intent or to the effect of cheating or defrauding his creditors or of hindering or delaying them in the collection of their debts, a creditor may bring an action upon his claim before it is due, and have an attachment against the property of the debtor as in other cases; but before such attachment shall be issued or such action maintained, the plaintiff or his agent or attorney shall make oath in writing setting forth the grounds of such attachment as in other cases, and also showing the nature of plaintiff's claim that it is just, when the same will become due, and the existence of some one or more of the grounds for an attachment enumerated in this section.
R.L. 1910, § 4864.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1332. Application - How made - Contents.

Application for the writ shall be made by petition, signed and verified either by the plaintiff or by some person in his behalf, and shall specify:
First. By whom the person in whose behalf the writ is applied for is restrained of his liberty, and the place where, naming all the parties, if they are known, or describing them, if they are not known.
Second. The cause or pretense of the restraint, according to the best of the knowledge and belief of the applicant.
Third. If the restraint be alleged to be illegal, in what the illegality consists.
R.L. 1910, § 4883.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1334. Direction and command of writ.

The writ shall be directed to the officer or party having the person under restraint, commanding him to have such person before the court, or judge, at such time and place as the court or judge shall direct, to do and receive what shall be ordered concerning him and have then and there the writ.
R.L. 1910, § 4885.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1337. Service when person not found or refuses admittance.

If the person to whom such writ is directed cannot be found, or shall refuse admittance to the sheriff, the same may be served by leaving it at the residence of the person to whom it is directed, or by affixing the same on some conspicuous place, either of his dwelling house or where the party is confined under restraint.
R.L. 1910, § 4888.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1338. Return of writ - Enforcing obedience.

The sheriff or other person to whom the writ is directed shall make immediate return thereof, and if he neglect or refuse, after due service, to make return, or shall refuse or neglect to obey the writ by producing the party named therein, and no sufficient excuse be shown for such neglect or refusal, the court shall enforce obedience by attachment.
R.L. 1910, § 4889.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1339. Return - Signature and verification - Contents - Production of party.

The return must be signed and verified by the person making it, who shall state:
First. The authority or cause of restraint of the party in his custody.
Second. If the authority be in writing, he shall return a copy and produce the original on the hearing.
Third. If he has had the party in his custody or under his restraint, and has transferred him to another, he shall state to whom, the time, place and cause of the transfer.
He shall produce the party on the hearing, unless prevented by sickness or infirmity, which must be shown in the return.
R.L. 1910, § 4890.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1340. Proceedings in case of allegation of sickness or imfirmity - Exceptions to return - Controverting - New matter - Amendments.

The court or judge, if satisfied with the truth of the allegation of sickness or infirmity, may proceed to decide on the return, or the hearing may be adjourned until the party can be produced, or for other good cause. The plaintiff may except to the sufficiency of, or controvert the return or any part thereof, or allege any new matter in avoidance; the new matter shall be verified, except in cases of commitment on a criminal charge; the return and pleadings may be amended without causing any delay.
R.L. 1910, § 4891.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1342. Inquiry into legality of judgment or process - Limitations.

No court or judge shall inquire into the legality of any judgment or process, whereby the party is in custody, or discharge him when the term of commitment has not expired in either of the cases following:
First. Upon process issued by any court or judge of the United States, or where such court or judge has exclusive jurisdiction; or,
Second. Upon any process issued on any final judgment of a court of competent jurisdiction; or,
Third. For any contempt of any court, officer or body having authority to commit; but an order of commitment as for a contempt, upon proceedings to enforce the remedy of a party, is not included in any of the foregoing specifications;
Fourth. Upon a warrant or commitment issued from the district court, or any other court of competent jurisdiction, upon an indictment or information.
R.L. 1910, § 4893.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1343. Procedure when person committed for want of bail - Defects in charge or process - Want of probable cause.

No person shall be discharged from an order of commitment issued by any judicial or peace officer for want of bail, or in cases not bailable, on account of any defect in the charge or process, or for alleged want of probable cause; but in all such cases, the court or judge shall summon the prosecuting witnesses, investigate the criminal charge, and discharge, let to bail or recommit the prisoner, as may be just and legal, and recognize witnesses when proper.
R.L. 1910, § 4894.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1348. Issuance of warrant to prevent removal from jurisdiction.

Whenever it shall appear by affidavit that anyone is illegally held in custody or restraint, and that there is good reason to believe that such person will be carried out of the jurisdiction of the court or judge before whom the application is made, or will suffer some irreparable injury before compliance with the writ can be enforced, such court or judge may cause a warrant to be issued, reciting the facts, and directed to the sheriff or any constable of the county, commanding him to take the person thus held in custody or restraint, and forthwith bring him before the court or judge, to be dealt with according to law.
R.L. 1910, § 4899.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1353. Issue, service and amendment of process.

All writs and other process, authorized by the provisions of this article, shall be issued by the clerk of the court, and except summons, sealed with the seal of such court, and shall be served and returned forthwith, unless the court or judge shall specify a particular time for any such return. And no writ or other process shall be disregarded for any defect therein, if enough is shown to notify the officer or person of the purport of the process. Amendments may be allowed, and temporary commitments, when necessary.
R.L. 1910, § 4904.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1354. Grant of writ to parents, etc. - Protection of infants and insane persons - Proceedings.

Writ of habeas corpus shall be granted in favor of parents, guardians, masters, husbands and wives; and to enforce the rights and for the protection of infants and insane persons; and the proceedings shall, in all such cases, conform to the provisions of this article.
R.L. 1910, § 4905.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1355. Deposit or security costs not required for initial application - Payment of court costs required.

No deposit or security for costs shall be required of an applicant for the initial application for a writ of habeas corpus. An applicant for a writ of habeas corpus shall be required to pay court costs pursuant to the procedures provided in Section 566.3 of Title 57 of the Oklahoma Statutes.
R.L. 1910, § 4906. Amended by Laws 2004, c. 168, § 3, emerg. eff. April 27, 2004.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1382. Cause for injunction - Temporary injunction.

When it appears, by the petition, that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act, the commission or continuance of which, during the litigation, would produce injury to the plaintiff; or when, during the litigation, it appears that the defendant is doing, or threatens, or is about to do or is procuring or suffering to be done, some act in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act. And when, during the pendency of an action, it shall appear, by affidavit, that the defendant threatens or is about to remove or dispose of his property with intent to defraud his creditors, or to render the judgment ineffectual, a temporary injunction may be granted to restrain such removal or disposition. It may, also, be granted in any case where it is specially authorized by statute.
R.L. 1910, § 4867.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1383. When and by whom injunction granted - Affidavit showing right to.

The injunction may be granted at the time of commencing the action, or any time afterwards, before judgment by the district court, or the judge thereof, or, in his absence from the county or disqualification, by the county judge, upon its appearing satisfactorily to the court or judge, by the affidavit of the plaintiff or his agent, that the plaintiff is entitled thereto.
R.L. 1910, § 4868.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1384.1. Temporary injunction - Temporary restraining order - Notice - Granting without notice.

A. No temporary injunction shall be issued without notice to the adverse party.
B. A temporary restraining order may be granted without written or oral notice to the adverse party or the attorney for the adverse party only if:
1. It clearly appears from specific facts shown by affidavit or by the verified petition that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or the attorney for the adverse party can be heard in opposition; or
2. The attorney for the applicant certifies to the court in writing the efforts, if any, which have been made to give the notice and the reasons supporting the claim that notice should not be required; and the court determines that the efforts of the applicant to give notice, if any, were reasonable under the circumstances.
C. Every temporary restraining order granted without notice:
1. Shall be endorsed with the date and hour of issuance;
2. Shall be filed in the office of the court clerk and entered of record; and
3. Shall define the injury and state why it is irreparable and why the order was granted without notice.
D. If a temporary restraining order is granted without notice, the motion for a temporary injunction shall be set down for hearing at the earliest possible time and takes precedence of all matters except older matters of the same character. When the motion comes on for hearing the party who obtained the temporary restraining order shall proceed with the application for a temporary injunction and, if the party does not do so, the court shall dissolve the temporary restraining order. On two (2) days' notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the court may prescribe, the adverse party may appear and move its dissolution, modification, or require the posting of an undertaking, and in that event the court shall proceed to hear and determine the motion as expeditiously as the ends of justice require.
E. This section shall not apply to temporary restraining orders in actions for a divorce, alimony without a divorce, separate maintenance, an annulment, custody, or similar matters, guardianship or juvenile proceedings, or to proceedings brought pursuant to special statutes that provide alternate procedures for the obtaining of temporary restraining orders or temporary injunctions.
Added by Laws 1989, c. 230, § 2, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1384.2. Granting temporary restraining order - Recovery of damages.

If a temporary restraining order is granted, the party restrained may recover the damages he sustained, including reasonable attorney's fees, if it be finally decided that the restraining order ought not to have been granted.
Added by Laws 1989, c. 230, § 3, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1386. Order and service of injunction.

The order of injunction shall be addressed to the party enjoined, shall state the injunction, and shall be issued by the clerk. Where the injunction is allowed at the commencement of the action, the clerk shall endorse upon the summons "Injunction allowed," and it shall not be necessary to issue the order of injunction, nor shall it be necessary to issue the same where notice of application therefor has been given to the party enjoined. The service of the summons so endorsed, or the notice of an application for an injunction, shall be notice of its allowance.
R.L. 1910, § 4871.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1387. Injunction during litigation without notice - Service of order.

Where the injunction is allowed during the litigation, and without notice of the application therefor, the order of injunction shall be issued and the sheriff shall forthwith serve the same upon each party enjoined, in the manner prescribed for serving a summons, and make return thereof without delay.
R.L. 1910, § 4872.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1389. Injunction not granted where motion overruled on merits - Inferior court not to grant.

No injunction shall be granted by a judge, after a motion therefor has been overruled on the merits of the application, by his court; and where it has been refused by the court in which the action is brought, or a judge thereof, it shall not be granted to the same applicant, by a court of inferior jurisdiction, or any judge thereof.
R.L. 1910, § 4874.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1390. Enforcement - Disobedience punishable as contempt - Penalties - Jury trial.

An injunction granted by a judge may be enforced as the act of the court. Disobedience of any injunction may be punished as a contempt, by the court or any judge who might have granted it in vacation. An attachment may be issued by the court or judge, upon being satisfied, by affidavit, of the breach of the injunction, against the party guilty of the same, who may be required to make immediate restitution to the party injured, and give further security to obey the injunction; or, in default thereof, he may be committed to close custody, until he shall fully comply with such requirements, or be otherwise legally discharged, or be punished by fine not exceeding Two Hundred Dollars ($200.00) for each day of contempt, to be paid into the court fund, or by confinement in the county jail for not longer than six (6) months, or by both such fine and imprisonment. This act shall in no way alter the right to trial by jury.
R.L. 1910, § 4875. Amended by Laws 1972, c. 149, § 1.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1391. Additional security.

A party enjoined may, at any time before judgment, upon reasonable notice to the party who has obtained the injunction, move the court for additional security; and if it appear that the surety in the undertaking has removed from the state, or is insufficient, the court may vacate the injunction, unless, in a reasonable time, sufficient security is given.
R.L. 1910, § 4876.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1392. Plaintiff to give bond - Amount - Attorney's fees.

Unless otherwise provided by special statute, no injunction shall operate until the party obtaining the same shall give an undertaking, with sufficient surety, to be approved by the clerk of the court granting such injunction, in an amount to be fixed by the court or judge allowing the same, to secure the party injured the damages he may sustain, including reasonable attorney's fees, if it be finally decided that the injunction ought not to have been granted.
R.L. 1910, § 4877.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1394. Application to vacate or modify injunction - Return and record of orders of judge.

If the injunction be granted without notice, the defendant, at any time before the trial, may apply, upon notice, to the court in which the action is brought, or any judge thereof, to vacate or modify the same. The application may be made upon the petition and affidavits upon which the injunction is granted, or upon affidavits on the part of the party enjoined, with or without answer. The order of the judge, allowing, dissolving or modifying an injunction, shall be returned to the office of the clerk of the court in which the action is brought, and recorded and obeyed, as if made by the court.
R.L. 1910, § 4878a.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1397. Tax or nuisance may be enjoined - Petition - No bond required.

An injunction may be granted to enjoin the enforcement of a void judgment, the illegal levy of any tax, charge or assessment, or the collection of any illegal tax, charge or assessment, or any proceeding to enforce the same; and any number of persons whose property is affected by a tax or assessment so levied may unite in the petition filed to obtain such injunction. An injunction may be granted in the name of the state to enjoin and suppress the keeping and maintaining of a common nuisance. The petition therefor shall be verified by the district attorney of the proper county, or by the Attorney General, upon information and belief, and no bond shall be required, but the county shall, in all other respects, be liable as other plaintiffs.
R.L. 1910, § 4881.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1430. Short title - Oklahoma Citizens Participation Act.

A. This act may be known and shall be cited as the "Oklahoma Citizens Participation Act".
B. The purpose of the Oklahoma Citizens Participation Act is to encourage and safeguard the constitutional rights of persons to petition, speak freely, associate freely and otherwise participate in government to the maximum extent permitted by law and, at the same time, protect the rights of a person to file meritorious lawsuits for demonstrable injury.
Added by Laws 2014, c. 107, § 1, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1432. Motion to dismiss legal actions – Time limit for filing – Suspension of discovery.

A. If a legal action is based on, relates to or is in response to a party's exercise of the right of free speech, right to petition or right of association, that party may file a motion to dismiss the legal action.
B. A motion to dismiss a legal action under this section shall be filed no later than sixty (60) days after the date of service of the legal action. The court may extend the time to file a motion under this section on a showing of good cause.
C. Except as provided in Section 6 of the Oklahoma Citizens Participation Act, on the filing of a motion under subsection A of this section, all discovery in the legal action shall be suspended until the court has ruled on the motion to dismiss.
Added by Laws 2014, c. 107, § 3, eff. Nov. 1, 2014.