reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1551. Appointment of receiver.

A receiver may be appointed by a Judge of the Supreme Court or a district court judge:
1. In an action by a vendor to vacate a fraudulent purchase of property, or by a creditor to subject any property or fund to his claim, or between partners or others jointly owning or interested in any property or fund, on the application of the plaintiff, or of any party whose right to or interest in the property or fund, or the proceeds thereof, is probable, and where it is shown that the property or fund is in danger of being lost, removed or materially injured.
2. In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property or in connection with a mortgagee foreclosing his mortgage by power of sale under the Oklahoma Power of Sale Mortgage Foreclosure Act:
a.
where it appears that the mortgaged property is in danger of being lost, removed or materially injured, or
b.
that a condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgage debt, or
c.
that a condition of the mortgage has not been performed and the mortgage instrument provides for the appointment of a receiver.
3. After judgment, to carry the judgment into effect.
4. After judgment, to dispose of the property according to the judgment, or to preserve it during the pendency of an appeal, or in proceeding in aid of execution, when an execution has been returned unsatisfied, or when the judgment debtor refuses to apply his property in satisfaction of the judgment.
5. In the cases provided in this Code, and by special statutes, when a corporation has been dissolved, or is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights.
6. In all other cases where receivers have heretofore been appointed by the usages of the courts of equity.
R.L. 1910, § 4979. Amended by Laws 1989, c. 332, § 1, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1553. Oath and bond.

Before entering upon his duties, the receiver must be sworn to perform them faithfully, and with one or more sureties, approved by the court or judge; execute an undertaking to such person and in such sum as the court or judge shall direct, to the effect that he will faithfully discharge the duties of receiver in the action, and obey the orders of the court therein.
R.L. 1910, § 4981.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1554. Powers of receiver.

The receiver has, under the control of the court, power to bring and defend actions in his own name, as receiver; to take and keep possession of the property, to receive rents, to collect debts, to compound for and compromise the same, to make transfers, and generally to do such acts respecting the property as the courts may authorize.
R.L. 1910, § 4982.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1556. Disposition of property litigated.

When it is admitted, by the pleading or oral examination of a party, that he has in his possession or under his control any money or other thing capable of delivery, which, being the subject of litigation, is held by him as trustee for another party, or which belongs or is due to another party, the court may order the same to be deposited in court or delivered to such party, with or without security, subject to the further direction of the court.
R.L. 1910, § 4984.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1557. Punishment for disobedience of court.

Whenever, in the exercise of its authority, a court shall have ordered the deposit or delivery of money or other thing, and the order is disobeyed, the court, besides punishing the disobedience as for contempt, may make an order requiring the sheriff to take the money, or thing, and deposit or deliver it, in conformity with the direction of the court.
R.L. 1910, § 4985.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1559. Vacation of appointment by Supreme Court.

In all cases in the Supreme Court in which a receiver has been appointed, or refused, by any Justice of the Supreme Court, the party aggrieved may, within ten (10) days thereafter have the right to file a motion to vacate the order refusing or appointing such receiver, and hearing on such motion may be had before the Supreme Court, if the same be in session, or before a quorum of the justices of said court in vacation, at such time and place as the said court or the justices thereof may determine, and pending the final determination of the cause, if the order was one of the appointment of a receiver, the moving party shall have the right to give bond with good and sufficient sureties, and in such amount as may be fixed by order of the court or a justice thereof, conditioned for the due prosecution of such cause and the payment of all costs and damages that may accrue to the state, or any officer, or person by reason thereof, and the authority of any such receiver shall be suspended pending a final determination of such cause, and if such receiver shall have taken possession of any property in controversy in said action, the same shall be surrendered to the rightful owner thereof, upon the filing and approval of said bond.
R.L. 1910, § 4987.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1560. Foreclosure of licensed medical marijuana business – Continuation of operations.

A. In the event that a licensed medical marijuana dispensary, commercial grower or processor is foreclosed, is the subject of an order appointing a receiver, becomes insolvent, bankrupt or otherwise ceases operations, a secured party or receiver may continue operations at the dispensary, grower or processor upon submitting to the Oklahoma Medical Marijuana Authority, State Department of Health, proof that the secured party or receiver, or if the secured party or receiver is a business entity, any individual who has a financial interest in the secured party or receiver, meets the requirements and restrictions set forth in:
1. For licensed medical marijuana dispensaries, Section 421 of Title 63 of the Oklahoma Statutes;
2. For licensed commercial medical marijuana growers, Section 422 of Title 63 of the Oklahoma Statutes; or
3. For licensed medical marijuana processors, Section 423 of Title 63 of the Oklahoma Statutes.
The Authority may prescribe the form and manner of submitting proof under this subsection. Neither the state nor agency of this state shall require an additional fee from the secured party or receiver, other than payment of annual fees which may become due during the operation by the secured party or receiver.
B. Subject to the requirements of subsection A of this section, the Oklahoma Medical Marijuana Authority, State Department of Health, shall promulgate rules for the manner and conditions under which:
1. Marijuana items left by a deceased, insolvent or bankrupt person or licensee, or subject to a security interest or a court order appointing a receiver, may be foreclosed, sold under execution or otherwise disposed whether by foreclosure or by sale as a going concern;
2. The business of a licensee who is deceased, insolvent, bankrupt, or the subject of an order appointing receiver or a foreclosure by a secured party, may be operated for a reasonable period following the death, insolvency, appointment of a receiver or bankruptcy; and
3. A secured party or court-appointed receiver may continue to operate a business for which a license has been issued under Section 421, 422 or 423 of Title 63 of the Oklahoma Statutes for a reasonable period after default on the indebtedness by the debtor or after the appointment of the receiver.
Added by Laws 2019, c. 435, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1571.1. Damage, concealment or removal of property subject to order of delivery - Penalty.

Any person who willfully and knowingly damages property in which there exists a valid right to issuance of an order of delivery, or on which such order has been sought under the provisions of this act, or who conceals it, with the intent to interfere with enforcement of the order, or who removes it from the jurisdiction of the court in which the action is pending with the intention of defeating enforcement of an order of delivery, or who willfully refuses to disclose its location to an officer charged with executing an order for its delivery, or, if such property is in his possession, willfully interferes with the officer charged with executing such writ, shall be guilty of a misdemeanor, and if convicted shall be subject to a fine of not more than One Thousand Dollars ($1,000.00) and imprisonment for a term of not more than six (6) months, or both; and, in addition to such criminal penalties, shall be liable to the plaintiff for double the amount of damage done to the property together with a reasonable attorney's fee to be fixed by the court, which damages and fee shall be deemed based on tortious conduct and enforceable accordingly.
Added by Laws 1974, c. 129, § 2, emerg. eff. May 3, 1974.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1573. Undertaking in replevin.

The order shall not be issued until there has been executed by one or more sufficient sureties of the plaintiff, to be approved by the clerk, an undertaking in not less than double the value of the property as stated in the petition to the effect that the plaintiff shall duly prosecute the action, and pay all costs and damages which may be awarded against him, including attorney's fees and, if the property be delivered to him, that he will return the same to the defendant if a return be adjudged; provided, that where the State of Oklahoma is party plaintiff, an undertaking in replevin shall not be required of the plaintiff, but a writ shall issue upon petition duly filed as provided by law. The undertaking shall be filed with the clerk of the court.
R.L. 1910, § 4800. Amended by Laws 1923, c. 75, p. 141, § 1; Laws 1976, c. 71, § 2, emerg. eff. April 26, 1976; Laws 1977, c. 96, § 1, emerg. eff. May 30, 1977.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1573.1. Replevin bond - Value.

On application of either party which is made at the time of executing the replevin bond or the redelivery bond, or at a later date, with notice to the adverse party, the court may hold a hearing to determine the value of the property which the plaintiff seeks to replevy. If the value as determined by the court is different from that stated in the petition, the value as determined by the court shall control for the purpose of Sections 1573 and 1577 of this title.
Added by Laws 1976, c. 71, § 3, emerg. eff. April 26, 1976. Amended by Laws 1977, c. 96, § 2, emerg. eff. May 30, 1977.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1574. Order for delivery.

The order for the delivery of the property to the plaintiffs shall be addressed and delivered to the sheriff. It shall state the names of the parties, the court in which the action is brought, and command the sheriff to take the property, describing it, and deliver it to the plaintiff, and to make return of the order on a day to be named therein.
R.L. 1910, § 4801.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1577. Redelivery on bond.

If, within twenty-four (24) hours after service of the copy of the order, there is executed by one or more sufficient sureties of the defendant, to be approved by the sheriff, an undertaking to the plaintiff, in not less than double the amount of the value of the property as stated in the affidavit of the plaintiff, to the effect that the defendant will deliver the property to the plaintiff, if such delivery be adjudged, and will pay all costs and damages that may be awarded against him, the sheriff shall return the property to the defendant. If such undertaking be not given within twenty-four (24) hours after service of the order, the sheriff shall deliver the property to the plaintiff.
R.L. 1910, § 4804.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1578. Exception to sureties.

The plaintiff may, within twenty-four (24) hours from the time the undertaking referred to in Section 1577 of this title is given by the defendant, give notice as hereinafter required that he excepts to the sufficiency of the sureties. In the event plaintiff excepts to the sufficiency of the defendant's sureties, said plaintiff will file written exceptions and notice in the district court in the case involved, and the court shall set a day for hearing said exceptions, provided, however, after notice of plaintiff's exceptions have been given to the defendant, he shall have five (5) days within which to except to the sufficiency of plaintiff's sureties on the undertaking required of the plaintiff by Section 1573 above, and if a hearing is held on the exception by either party, the bonds of both shall be subject to scrutiny and a decision made upon each by the district court at the same hearing. If plaintiff or defendant fails to except, he shall be deemed to have waived all objections to the sufficiency of the sureties involved. If either party excepts, the sureties must justify, upon notice, as bail in criminal cases.
R.L. 1910, § 4805. Amended by Laws 1986, c. 69, § 1, emerg. eff. March 25, 1968.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1579. Proceedings on failure to prosecute action.

If the property has been delivered to the plaintiff, and judgment rendered against him, on demurrer, or if he otherwise fail to prosecute his action to final judgment, the court shall, on application of the defendant or his attorney, proceed to inquire into the right of property, and right of possession of the defendant to the property taken.
R.L. 1910, § 4806.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1580. Judgment - Damages - Attorney fees.

In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession, or for the recovery of possession, or the value thereof in case a delivery cannot be had, and of damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property, or the value thereof in case a return cannot be had, and damages for taking and withholding the same. The judgment rendered in favor of the prevailing party in such action may include a reasonable attorney fee to be set by the court, to be taxed and collected as costs.
R.L. 1910, § 4807. Amended by Laws 1972, c. 173, § 1, emerg. eff. April 7, 1972.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1581. Order to different counties - Separate and successive orders.

An order may be directed to any other county than the one in which the action is brought, for the delivery of the property claimed. Several orders may issue at the same time, or successively, at the option of the plaintiff; but only one of them shall be taxed in the costs, unless otherwise ordered by the court.
R.L. 1910, § 4808.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1582. Officer may break into buildings.

The sheriff or other officer, in the execution of the order of delivery, may break open any building or inclosure in which the property claimed, or any part thereof, is concealed, but not until he has been refused an entrance into said building or inclosure and the delivery of the property, after having demanded the same.
R.L. 1910, § 4809.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1583. Compelling delivery by attachment - Examination of party.

In an action to recover the possession of specific personal property, the court, or judge in vacation, may for good cause shown, before or after judgment, compel the delivery of the property to the officer or party entitled thereto by attachment, and may examine either party as to the possession or control of the property. Such authority shall only be exercised in aid of the foregoing provisions of this article.
R.L. 1910, § 4810.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1584. Improper issue of order of delivery.

Any order for the delivery of property, issued under this article, without the affidavit and undertaking required, shall be set aside at the cost of the clerk issuing the same, and the plaintiff shall be liable, in damages, to the party injured.
R.L.1910, § 4811. Amended by Laws 2005, c. 192, § 1, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1585. Joinder of cause of action for debt - Stay of judgment.

In any action for replevin in any court of this state, it shall be permissible for the plaintiff to join with the cause of action in replevin a cause of action founded on a debt claimed to be owing to the plaintiff if the debt shall be secured by a lien upon the property sought to be recovered in the cause of action in replevin. Upon the rendition of any judgment in replevin in any case wherein there shall be joined a cause of action from debt, judgment for such debt shall be stayed pending the determination of the amount thereof remaining due to plaintiff after any sale of the property pursuant to such liens.
Added by Laws 1951, p. 26, § 1.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1631. Right to petition for change of name.

Any natural person, who has been domiciled in this state or who has been residing upon any military reservation located in said state, for more than thirty (30) days, and has been an actual resident of the county or such military reservation situated in said county, or county in which the military reservation is situated, for more than thirty (30) days, next preceding the filing of the action, may petition for a change of name in a civil action in the district court; provided, no person who is required to register as a sex offender pursuant to the Oklahoma Sex Offenders Registration Act may petition for a change of name. If the person be a minor, the action may be brought by guardian or next friend as in other actions.
Added by Laws 1953, p. 57, § 1. Amended by Laws 1955, p. 141, § 1; Laws 1957, p. 83, § 1; Laws 2014, c. 35, § 1, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1632. Petition.

The petition shall be verified and shall state: (a) The name and address of the petitioner; (b) The facts as to domicile and residence; (c) The date and place of birth; (d) The birth certificate number, and place where the birth is registered, if registered; (e) The name desired by petitioner; (f) A clear and concise statement of the reasons for the desired change; (g) A positive statement that the change is not sought for any illegal or fraudulent purpose, or to delay or hinder creditors.
Added by Laws 1953, p. 57, § 2.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1633. Notice - Protest - Hearing date – Continuance - Waiver.

A. Notice of filing of the petition shall be given, in the manner provided for publication notice in civil cases, by publishing the same one time at least ten (10) days prior to the date set for hearing in some newspaper authorized by law to publish legal notices printed in the county where the petition is filed if there be any printed in such county, and if there be none, then in some such newspaper printed in this state of general circulation in that county. The notice shall contain the style and number of the case, the time, date and place where the same is to be heard, and that any person may file a written protest in the case prior to the date set for the hearing. The hearing date may be any day after completion of the publication. The court or judge, for cause, may continue the matter to a later date.
B. The court may waive the publication requirements of this section for good cause which includes, but is not limited to, cases of domestic violence in which the court proceedings are sealed.
Added by Laws 1953, p. 57, § 3, emerg. eff. May 19, 1953. Amended by Laws 1955, p. 141, § 2, emerg. eff. June 6, 1955; Laws 1976, c. 113, § 1, emerg. eff. May 14, 1976; Laws 2006, c. 136, § 3, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1636. Illegal or fraudulent purpose.

Any person who obtains a judgment under this act, willfully intending to use the same for any illegal or fraudulent purpose, or who thereafter willfully and intentionally uses such judgment, or a copy thereof, for any illegal or fraudulent purpose, shall be deemed guilty of a misdemeanor.
Added by Laws 1953, p. 57, § 6.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1637. Exclusiveness of statutory remedy.

After May 19, 1953, no natural person in this state may change his or her name except as provided in Sections 1631 through 1635 of this title and Section 90.4 of Title 10 of the Oklahoma Statutes and Section 1-321 of Title 63 of the Oklahoma Statutes, other than by marriage, as prescribed in Sections 5, 6, and 8 of Title 43 of the Oklahoma Statutes, or by decree of divorce, as prescribed in Section 121 of Title 43 of the Oklahoma Statutes, or by adoption, as prescribed in Section 7505-3.1 of Title 10 of the Oklahoma Statutes.
Added by Laws 1953, p. 57, § 7, emerg. eff. May 19, 1953. Amended by Laws 1986, c. 82, § 2, emerg. eff. April 3, 1986; Laws 2006, c. 311, § 1, emerg. eff. June 8, 2006.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1651. Determination of rights, status or other legal relations - Exceptions.

District courts may, in cases of actual controversy, determine rights, status, or other legal relations, including but not limited to a determination of the construction or validity of any foreign judgment or decree, deed, contract, trust, or other instrument or agreement or of any statute, municipal ordinance, or other governmental regulation, whether or not other relief is or could be claimed, except that no declaration shall be made concerning liability or nonliability for damages on account of alleged tortious injuries to persons or to property either before or after judgment or for compensation alleged to be due under workers' compensation laws for injuries to persons. The determination may be made either before or after there has been a breach of any legal duty or obligation, and it may be either affirmative or negative in form and effect; provided however, that a court may refuse to make a determination where the judgment, if rendered, would not terminate the controversy, or some part thereof, giving rise to the proceeding.
Added by Laws 1961, p. 58, § 1, eff. Oct. 1, 1961. Amended by Laws 1974, c. 134, § 1, emerg. eff. May 3, 1974; Laws 2004, c. 519, § 1, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1652. Pleading.

A determination of rights, status, or other legal relations may be obtained by means of a pleading seeking that relief alone or as incident to or part of a petition, counterclaim, or other pleading seeking other relief, and, when a party seeks other relief, a court may grant declaratory relief where appropriate.
Added by Laws 1961, p. 58, § 2.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1653. Parties - Venue.

A. When a declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding.
B. The venue of the action shall be established by existing statutes; provided, however, where the action involves an individual defendant, the venue shall be in the county of the defendant’s residence or where the defendant may be served with summons. If the action involves two or more defendants who reside in different counties, the venue shall be in any county where any defendant resides or may be served with summons. Where the action has as a defendant the Department of Corrections, the Board of Corrections or any of the agents, officers or employees of the Department or Board, the venue shall be in the county of the official residence of the Department or Board.
C. In any proceeding which involves the validity of a municipal ordinance or regulation, the municipality shall be made a party, and shall be entitled to be heard, and if a statute or regulation is alleged to be unconstitutional, the Attorney General of the state shall also be served with a copy of the proceeding and be entitled to be heard.
Added by Laws 1961, p. 59, § 3. Amended by Laws 2002, c. 468, § 8, eff. Nov. 1, 2002; Laws 2003, c. 3, § 11, emerg. eff. March 19, 2003.
NOTE: Laws 2002, c. 402, § 4 repealed by Laws 2003, c. 3, § 12, emerg. eff. March 19, 2003.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1655. Further relief.

Further relief based upon a determination of rights, status, or other legal relations may be granted whenever such relief becomes necessary and proper after the determination has been made. Application may be made by petition to any court having jurisdiction for an order directed to any party or parties whose rights have been determined to show cause why the further relief should not be granted forthwith, upon reasonable notice prescribed by the court in its order.
Added by Laws 1961, p. 59, § 5.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1701.05. Hearing in another forum - Stay or dismissal of action.

When the court finds that in the interest of substantial justice the action or proceeding should be heard in another forum, the court may stay or dismiss the action in whole or in part on any conditions that may be just.
Added by Laws 1965, c. 144, art. 1, § 1.05.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1752B. Venue of actions arising upon contract.

The venue of civil actions instituted under small claims procedure for the collection of an open account or for the collection of any note or other instrument of indebtedness shall be, at the option of the plaintiff or plaintiffs in either of the following:
(a) in any county in which venue may be properly had as provided by law; or
(b) in the county in which the debt was contracted or in which the note or other instrument of indebtedness was given.
Added by Laws 1971, c. 249, § 1, eff. Oct. 1, 1971.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1754. Preparation of affidavit - Copies.

The claimant shall prepare such an affidavit as is set forth in Section 3 of this act, or, at his request, the clerk of said court shall draft the same for him. Such affidavit may be presented by the claimant in person or sent to the clerk by mail. Upon receipt of said affidavit, properly sworn to, the clerk shall file the same and make a true and correct copy thereof, and the clerk shall fill in the blanks in the order printed on said copy and sign the order.
Added by Laws 1968, c. 322, § 4, eff. Jan. 13, 1969.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1755. Service of affidavit and order upon defendant.

Unless service by the sheriff or other authorized person is requested by the plaintiff, the defendant shall be served by mail. The clerk shall enclose a copy of the affidavit and the order in an envelope addressed to the defendant at the address stated in said affidavit, prepay the postage, and mail said envelope to said defendant by certified mail and request a return receipt from addressee only. The clerk shall attach to the original affidavit the receipt for the certified letter and the return card thereon or other evidence of service of said affidavit and order. If the envelope is returned undelivered and sufficient time remains for making service, the clerk shall deliver a copy of the affidavit and order to the sheriff who shall serve the defendant in the time set in Section 1756 of this title, or at the election of the plaintiff service shall be governed by the provisions of subsection C of Section 2004 of this title.
Added by Laws 1968, c. 322, § 5, eff. Jan. 13, 1969. Amended by Laws 1971, c. 76, § 1; Laws 1993, c. 210, § 1.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1756. Date for appearance of defendant.

The date for the appearance of the defendant as provided in the order endorsed on the affidavit shall not be more than sixty (60) days nor less than ten (10) days from the date of the order. The order shall be served upon the defendant at least seven (7) days prior to the date specified in the order for the appearance of the defendant. If it is not served upon the defendant, the plaintiff shall apply to the clerk for a new order setting a new day for the appearance of the defendant, which shall not be more than sixty (60) days nor less than ten (10) days from the date of the issuance of the new order. When the clerk has fixed the date for appearance of the defendant, the clerk shall inform the plaintiff, either in person or by certified mail, of the date and order the plaintiff to appear on that date.
Added by Laws 1968, c. 322, § 6, eff. Jan. 13, 1969. Amended by Laws 2000, c. 380, § 3, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1758. Counterclaim or setoff by verified answer.

No formal pleading, other than the claim and notice, shall be necessary, but if the defendant wishes to state new matter which constitutes a counterclaim or a setoff, he shall file a verified answer, a copy of which shall be delivered to the plaintiff in person, and filed with the clerk of the court not later than seventy-two (72) hours prior to the hour set for the first appearance of said defendant in such action. Such answer shall be made in substantially the following form:
COUNTERCLAIM OR SETOFF
In the District Court,
County of _______________,
State of Oklahoma.
____________________
Plaintiff
vs.
Small Claims No. _________
____________________
Defendant
Claim of defendant.
STATE OF OKLAHOMA )
) ss
COUNTY OF _________)
__________, being first duly sworn, deposes and says: That said plaintiff is indebted to said defendant in the sum of $________ for _______, which amount defendant prays may be allowed as a claim against the plaintiff herein.
________________________________________________
Subscribed and sworn to before me this _____ day of _____, 19__.
______________________________________
Notary Public (or Clerk or Judge)
Added by Laws 1968, c. 322, § 8, eff. Jan. 13, 1969. Amended by Laws 1985, c. 284, § 2, eff. Nov. 1, 1985; Laws 1995, c. 136, § 2, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1759. Claim, counterclaim, or setoff maximum dollar value.

A. Except as provided by subsection C of this section, if a claim, a counterclaim, or a setoff is filed, prior to the expiration of the time prescribed by Section 1758 of this title, for an amount in excess of Ten Thousand Dollars ($10,000.00), the action shall be transferred to another docket of the district court unless both parties agree in writing and file the agreement with the papers in the action that the claim, counterclaim, or setoff shall be tried under the small claims procedure. If such an agreement has not been filed, a judgment in excess of Ten Thousand Dollars ($10,000.00) may not be enforced for the part that exceeds Ten Thousand Dollars ($10.000.00). If the action is transferred to another docket of the district court, the person whose claim exceeded Ten Thousand Dollars ($10,000.00) shall deposit with the clerk the court costs that are charged in other cases, less any sums that have been already paid to the clerk, or the claim shall be dismissed and the remaining claims, if any, shall proceed under the small claims procedure.
B. If the action is transferred to another docket of the district court, the plaintiff shall file a petition that conforms to the standards for pleadings prescribed by the Oklahoma Pleading Code, Section 2001 et seq. of this title, within twenty (20) days from the timely filing of the claim, counterclaim, or setoff. The answer of the defendant shall be due within twenty (20) days after the filing of the petition.
C. Except as provided by Section 1757 of this title, if a defendant does not file a counterclaim within the period prescribed by Section 1758 of this title, the action shall not be transferred to another docket of the district court.
Added by Laws 1968, c. 322, § 9, eff. Jan. 13, 1969. Amended by Laws 1976, c. 253, § 2, eff. Oct. 1, 1976; Laws 1981, c. 240, § 2, eff. Oct. 1, 1981; Laws 1983, c. 273, § 1, operative July 1, 1983; Laws 1989, c. 81, § 2, eff. Nov. 1, 1989; Laws 1995, c. 136, § 3, eff. Nov. 1, 1995; Laws 1996, c. 339, § 3, eff. Nov. 1, 1996; Laws 2005, c. 122, § 1, eff. Nov. 1, 2005; Laws 2012, c. 282, § 2, eff. Nov. 1, 2012; Laws 2017, c. 389, § 3, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1760. Attachment or garnishment - Depositions - Interrogatories - New parties - Intervention.

No attachment or prejudgment garnishment shall issue in any suit under the small claims procedure. Proceedings to enforce or collect a judgment rendered by the trial court in a suit under the small claims procedure shall be in all respects as in other cases; provided, however, judgments, other than default judgments, for the payment of money may be enforced or collected as prescribed in Section 4 of this act. No depositions shall be taken or interrogatories or other discovery proceeding shall be used under the small claims procedure except in aid of execution. No new parties shall be brought into the action, and no party shall be allowed to intervene in the action.
Added by Laws 1968, c. 322, § 10, eff. Jan. 13, 1969. Amended by Laws 1970, c. 211, § 1; Laws 1971, c. 339, § 3, eff. Oct. 1, 1971; Laws 1988, c. 78, § 1, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1761. Trial by court - Request for reporter or jury - Evidence - Informality - Mailing of judgment.

Actions under the small claims procedure shall be tried to the court without a jury, unless the amount of the claim, counterclaim, or setoff exceeds One Thousand Five Hundred Dollars ($1,500.00); provided, if either party wishes a reporter or if either party to an action in which the claim, counterclaim, or setoff exceeds One Thousand Five Hundred Dollars ($1,500.00) wishes a jury, he must notify the clerk of the court in writing at least two (2) working days before the date set for the defendant's appearance and must deposit Fifty Dollars ($50.00) with said notice with the clerk. The plaintiff and the defendant shall have the right to offer evidence in their behalf by witnesses appearing at such hearing, and the judge may call such witnesses and order the production of such documents as he may deem appropriate. The hearing and disposition of such actions shall be informal with the sole object of dispensing speedy justice between the parties.
The prevailing party shall mail a file-stamped copy of the judgment by first-class mail to all other parties who have entered an appearance in the action at their last-known addresses and file a certificate of mailing with the court clerk.
Added by Laws 1968, c. 322, § 11, eff. Jan. 13, 1969. Amended by Laws 1978, c. 212, § 2, eff. July 1, 1978; Laws 1989, c. 205, § 2, eff. Nov. 1, 1989; Laws 1991, c. 15, § 2, eff. July 1, 1991; Laws 1992, c. 357, § 2, eff. July 1, 1992; Laws 1997, c. 102, § 10, eff. May 1, 1997.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1762. Payment of judgment.

If judgment be rendered against either party for the payment of money, said party shall pay the same immediately or pay the judgment in accordance with a judgment satisfaction plan arranged by the court.
Added by Laws 1968, c. 322, § 12, eff. Jan. 13, 1969. Amended by Laws 1988, c. 78, § 2, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1764. Fees.

A fee of Forty-five Dollars ($45.00) shall be charged and collected for the filing of the affidavit for the commencement of any action for an amount of Five Thousand Dollars ($5,000.00) or less. Any action in excess of Five Thousand Dollars ($5,000.00) shall be subject to the filing fees provided in Title 28 of the Oklahoma Statutes for the same kind of action as filed in district court. For the filing of any counterclaim or setoff, fees shall be charged and collected pursuant to Section 152.1 of Title 28 of the Oklahoma Statutes. Except as otherwise provided in Section 1772 of this title, no other fee or charge shall be collected by any officer for any service rendered pursuant to the provisions of the Small Claims Procedure Act, or for the taking of affidavits for use in connection with any action tried pursuant to the provisions of the Small Claims Procedure Act. If the affidavit and order are served by the sheriff or a licensed private process server, the court clerk shall collect the usual fee for the sheriff, which shall be taxed as costs in the case. The fee paid to a licensed private process server, as approved by the court, shall be taxed as additional costs in the case. After judgment, the court clerk shall issue such process and shall be entitled to collect only such fees and charges as are allowed by law for like services in other actions. All fees collected as authorized by this section and Section 1772 of this title shall be deposited with other fees that are collected by the district court. Any statute providing for an award of attorney fees shall be applicable to the small claims division if the attorney makes an appearance in the case, whether before or after judgment or on hearing for disclosure of assets.
Added by Laws 1968, c. 322, § 14, eff. Jan. 13, 1969. Amended by Laws 1969, c. 285, § 1; Laws 1971, c. 339, § 4, eff. Oct. 1, 1971; Laws 1976, c. 15, § 1; Laws 1978, c. 212, § 3, eff. July 1, 1978; Laws 1981, c. 242, § 1, operative July 1, 1981; Laws 1982, c. 256, § 1, operative Oct. 1, 1982; Laws 1983, c. 273, § 2, operative July 1, 1983; Laws 1987, c. 181, § 9, eff. July 1, 1987; Laws 1988, c. 78, § 3, eff. Nov. 1, 1988; Laws 1988, c. 327, § 1, operative Aug. 1, 1988; Laws 1989, c. 205, § 3, eff. Nov. 1, 1989; Laws 1989, c. 353, § 12, emerg. eff. June 3, 1989; Laws 1997, c. 400, § 3, eff. July 1, 1997; Laws 2003, c. 440, § 2, eff. July 1, 2003; Laws 2004, c. 447, § 3, emerg. eff. June 4, 2004; Laws 2017, c. 389, § 4, eff. Nov. 1, 2017.
NOTE: Laws 1989, c. 81, § 3 repealed by Laws 1989, c. 353, § 12, emerg. eff. June 3, 1989.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1770. Small claims judgment as lien - Release.

A. A judgment granted under the Small Claims Procedure Act, Section 1751 et seq. of Title 12 of the Oklahoma Statutes, shall become a lien on the real property of the judgment debtor within a county only from and after the time a Statement of Judgment has been filed in the office of the county clerk of that county. When requested, the court clerk shall prepare a Statement of Judgment for the judgment creditor on a form provided by the Administrative Office of the Courts which shall include instructions advising the judgment creditor to file the Statement of Judgment in the office of the county clerk.
B. The lien of any small claims judgment when satisfied by payment or otherwise discharged shall be released by the court clerk upon written application by the judgment debtor. The court clerk shall mail notice of the judgment debtor's application to the attorney for the judgment creditor or the judgment creditor, if there is no attorney, at the last-known address of the attorney or judgment creditor. If there is no response or objection from the judgment creditor within ten (10) days after the notice is mailed, the judgment shall be released. No hearing shall be required unless requested by a party to the action. When requested, the court clerk shall prepare a Certificate of Release on a form provided by the Administrative Office of the Courts. The Certificate of Release shall include instructions advising the judgment debtor to file the Certificate of Release in the office of the county clerk. The lien of the judgment shall be released once the Certificate of Release is filed in the office of the county clerk.
C. The party filing the application for release shall pay all recording fees and other costs.
Added by Laws 1975, c. 15, § 1, eff. Oct. 1, 1975. Amended by Laws 1977, c. 216, § 1; Laws 1979, c. 83, § 1; Laws 1982, c. 136, § 1, eff. Oct. 1, 1982; Laws 1993, c. 351, § 28, eff. Oct. 1, 1993; Laws 1995, c. 338, § 17, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1772. Judgments for payment of money - Processing and collection.

Judgments for the payment of money shall be processed and collected as follows:
1. Incident to the entering of the judgment and while the parties are still under oath:
a.
the court may arrange a judgment satisfaction plan and enter a writ of execution, and
b.
the court may secure a listing and description of the judgment debtor's assets from the judgment debtor in case subsequent attachment of property becomes necessary to collect an unsatisfied judgment. Forms for an application and order to appear and answer as to assets and interrogatories to be answered by the debtor shall be supplied by the court clerk on forms promulgated by the Oklahoma Bar Association.
2. If the judgment debtor fails to satisfy the judgment in accordance with the judgment satisfaction plan, the judgment creditor shall attempt to contact the judgment debtor and collect the same.
3. If the judgment debtor still fails to satisfy the judgment, the judgment creditor may:
a.
require the debtor to appear and answer interrogatories regarding assets, or
b.
request the issuance of a writ of execution or a garnishment summons on forms provided by the court clerk.
4. Except as provided in this section, proceedings hereunder to collect the judgment shall be conducted pursuant to the provisions of this title.
Added by Laws 1988, c. 78, § 4, eff. Nov. 1, 1988. Amended by Laws 1989, c. 205, § 4, eff. Nov. 1, 1989; Laws 1993, c. 210, § 3; Laws 2023, c. 184, § 12, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1773. Dismissal of action - Failure to file pleadings or serve process.

A. Any action under the Small Claims Procedure Act which is not at issue and in which no pleading has been filed or other action taken for one (1) year and in which no motion has been pending during any part of the year shall be dismissed without prejudice by the court on its own motion after notice to the parties or their attorneys of record; providing, the court may, upon written application and for good cause shown by order in writing, allow the action to remain on its docket.
B. If service of process under the Small Claims Procedure Act is not made upon a defendant within one hundred eighty (180) days after the filing of the affidavit, the action shall be deemed to have been dismissed without prejudice as to that defendant. The action shall not be deemed to have been dismissed where a summons was served on the defendant within one hundred eighty (180) days after the filing of the affidavit and a court later holds that the summons or its service was invalid. After a court quashes a summons or its service, a new summons may be served on the defendant within a time specified by the judge. If the new summons is not served within the specified time, the action shall be deemed to have been dismissed without prejudice as to that defendant. This subsection shall not apply with respect to a defendant who has been in a foreign country for one hundred eighty (180) days following the filing of the affidavit.
Added by Laws 1989, c. 195, § 1, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1801. Purpose of act - Short title.

The Legislature is aware of the fact that many disputes arise between citizens of this state which are of small social or economic magnitude and can be both costly and time consuming if resolved through a formal judicial proceeding. Many times such disputes can be resolved in a fair and equitable manner through less formal proceedings. Such proceedings can also help alleviate the backlog of cases which burden the judicial system in this state. It is therefore the purpose of this act to provide to all citizens of this state convenient access to dispute resolution proceedings which are fair, effective, inexpensive, and expeditious.
Sections 1 through 6 of this act shall be known and may be cited as the "Dispute Resolution Act".
Added by Laws 1983, c. 78, § 1, operative July 1, 1983.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1802. Definitions.

As used in the Dispute Resolution Act:
1. "Initiating party" means the party who first seeks mediation.
2. "Mediation" means the process of resolving a dispute with the assistance of a mediator outside of a formal court proceeding.
3. "Mediator" means any person certified pursuant to the provisions of the Dispute Resolution Act or the District Court Mediation Act to assist in the resolution of a dispute.
4. "Party" means an individual person, company, or governmental agency.
5. "Resolution" means the final determination of the dispute, arrived at by the parties upon their own initiative or by anyone authorized in writing to act in their behalf or with the help of a mediator.
6. "Responding party" means the party who is named by the initiating party as the other party in a dispute where mediation is sought.
Added by Laws 1983, c. 78, § 2, operative July 1, 1983. Amended by Laws 2000, c. 323, § 1, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1803. Programs for mediation services - Rules and regulations.

A. Any county, municipality, accredited law school or agency of this state is hereby authorized to establish programs for the purpose of providing mediation services pursuant to the provisions of the Dispute Resolution Act, to be administered and supervised under the direction of the Administrative Director of the Courts. The Administrative Director shall promulgate rules and regulations, subject to the approval of the Supreme Court of the State of Oklahoma, to effectuate the purposes of the Dispute Resolution Act.
B. Mediation pursuant to the provisions of the Dispute Resolution Act shall be available to any party eligible according to the jurisdictional guidelines established by the Administrative Director. The company or governmental agency shall be represented in mediation by a person authorized in writing to act in behalf of such entity to the extent necessary to arrive at a resolution pursuant to the provisions of the Dispute Resolution Act.
C. Mediators participating in a program sponsored by a state agency are deemed an employee of that agency solely for the limited purpose of Section 20f of Title 74 of the Oklahoma Statutes.
D. Such rules and regulations shall include:
1. Qualifications to certify mediators to assure their competence and impartiality; and
2. Jurisdictional guidelines including types of disputes which may be subject to the Dispute Resolution Act; and
3. Standard procedures for mediation which shall be complied with in all mediation proceedings; and
4. A method by which a court may grant a continuance in contemplation of dismissal on the condition that the defendant in a criminal action or the plaintiff and defendant in a civil action participate in mediation and a resolution is reached by the parties; and
5. A form for a written agreement for participation in mediation; and
6. A form for a written record of the termination of mediation.
Added by Laws 1983, c. 78, § 3, operative July 1, 1983. Amended by Laws 1985, c. 260, § 1, eff. Nov. 1, 1985; Laws 1986, c. 231, § 3, emerg. eff. June 10, 1986.