Title 12 — Title 12 — Civil Procedure

12 O.S. § 543 Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978

12 O.S. § 544 Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978

12 O.S. § 546 Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978

12 O.S. § 547 Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978

12 O.S. § 548 Repealed by Laws 1982, c. 198, § 16

12 O.S. § 549 Repealed by Laws 1982, c. 198, § 16

If the judge of a court fail to attend at the time and place appointed for holding his court, the sheriff shall have power to adjourn the court, from day to day, until the regular or assigned judge attend or a judge pro tempore be selected; but if the judge be not present in his …

A trial is a judicial examination of the issues, whether of law or fact, in an action. R.L. 1910, § 4988.

Issues arise on the pleadings, where a fact or conclusion of law is maintained by one party, and controverted by the other. There are two kinds: First, of law. Second, of fact. R.L. 1910, § 4989.

12 O.S. § 553 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 554 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 555 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

Issues of law must be tried by the court, unless referred. Issues of fact arising in actions for the recovery of money, or of specific real or personal property, shall be tried by a jury, unless a jury trial is waived, or a reference be ordered, as hereinafter provided. R.L. 1910…

jury in certain cases. (a) Where the amount in controversy, as stated in the prayer for relief or an affidavit of a party, or as found by the court where the amount in controversy is questioned by the adverse party, does not exceed One Thousand Five Hundred Dollars ($1,500.00), t…

All other issues of fact shall be tried by the court, subject to its power to order any issue or issues to be tried by jury, or referred as provided in this Code. R.L. 1910, § 4994.

12 O.S. § 558 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 559 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

The general mode of summoning the jury is such as is or may be provided by law. R.L. 1910, § 4996.

If there shall be impaneled, for the trial of any cause, any petit juror, who shall have been convicted of any crime which by law renders him disqualified to serve on a jury; or who has been arbitrator on either side, relating to the same controversy; or who has an interest in th…

The plaintiff first, and afterward the defendant, shall complete his challenges for cause. They may then, in turn, in the same order, have the right to challenge one juror each, until each shall have peremptorily challenged three jurors, but no more. R.L. 1910, § 4998.

After each challenge, the vacancy shall be filled before further challenges are made; and any new juror thus introduced may be challenged for cause as well as peremptorily. R.L. 1910, § 4999.

12 O.S. § 575 Repealed by Laws 1961, p. 64, § 1, eff. Oct. 27, 1961

Notwithstanding other methods authorized by law, the trial judge may direct in his discretion that a jury in a civil case be selected in the following manner: (a) if the case be triable to a twelve-man jury, eighteen prospective jurors shall be called and seated in the box and th…

The jury shall be sworn to well and truly try the matters submitted to them in the case in hearing, and a true verdict give, according to the law and the evidence. R.L. 1910, § 5001.

When the jury has been sworn, the trial shall proceed in the following order, unless the court for special reasons otherwise directs: First. The party on whom rests the burden of the issues may briefly state his case, and the evidence by which he expects to sustain it. Second. Th…

Inasmuch as many judgments in actions tried by juries are set aside and vacated on account of errors in instructions; and, whereas, justice is withheld, delayed, and, in some cases, denied on account of such erroneous instructions; and, the compilation and adoption of a body of u…

Whenever Oklahoma Uniform Jury Instructions (OUJI) contains an instruction applicable in a civil case or a criminal case, giving due consideration to the facts and the prevailing law, and the court determines that the jury should be instructed on the subject, the OUJI instruction…

The Supreme Court of Oklahoma and the Court of Criminal Appeals are authorized and requested to include in their respective budget requests, a reasonable appropriation for personal services and expenses to effectively carry out this project. Added by Laws 1968, c. 201, § 3, emerg…

income tax. The Oklahoma Uniform Jury Instructions (OUJI) applicable in a civil case shall include an instruction notifying the jury that no part of an award for damages for personal injury or wrongful death is subject to federal or state income tax. Any amount that the jury dete…

A party excepting to the giving of instructions, or the refusal thereof, shall not be required to file a formal bill of exceptions; but it shall be sufficient to make objection thereto by dictating into the record in open court, out of the hearing of the jury, after the reading o…

Whenever, in the opinion of the court, it is proper for the jury to have a view of the property which is the subject of litigation, or of the place in which any material fact occurred, it may order, them to be conducted, in a body, under the charge of an officer, to the place, wh…

Communications to jury or concerning deliberations. When the case is finally submitted to the jury, they may decide in court or retire for deliberation. If they retire, they must be kept together, in some convenient place, under charge of an officer, until they agree upon a verdi…

If the jury are permitted to separate, either during the trial or after the case is submitted to them, they shall be admonished by the court that it is their duty not to converse with, or suffer themselves to be addressed by, any other person, on any subject of the trial, and tha…

After the jury have retired for deliberation, if there be a disagreement between them as to any part of the testimony, or if they desire to be informed as to any part of the law arising in the case, they may request the officer to conduct them to the court, where the information …

The jury may be discharged by the court on account of the sickness of a juror, or other accident or calamity requiring their discharge, or by consent of both parties, or after they have been kept together until it satisfactorily appears to the court that there is no probability o…

In all cases where the jury are discharged during the trial, or after the cause is submitted to them, it may be tried again immediately, or at a future time, as the court may direct. R.L. 1910, § 5009.

When the jury have agreed upon their verdict they must be conducted into court, their names called by the clerk, and their verdict rendered by their foreman. When the verdict is announced, either party may require the jury to be polled, which is done by the clerk or the court ask…

Correction of defects in form. The verdict shall be written, signed by the foreman and read by the clerk to the jury, and the inquiry made whether it is their verdict. If any juror disagrees, the jury must be sent out again; but if no disagreement be expressed, and neither party …

The verdict of a jury is either general or special. A general verdict is that by which they pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant. A special verdict is that by which the jury finds facts only. It must present the facts as…

In all cases the jury shall render a general verdict, and the court may in any case at the request of the parties thereto, or either of them, in addition to the general verdict, direct the jury to find upon particular questions of fact, to be stated in writing by the party or par…

When the special finding of facts is inconsistent with the general verdict, the former controls the latter and the court may give judgment accordingly. R.L. 1910, § 5014.

When, by the verdict either party is entitled to recover money of the adverse party the jury, in their verdict, must assess the amount of recovery. R.L. 1910, § 5015.

The trial by jury may be waived by the parties, in actions arising on contract, and with the assent of the court in other actions, in the following manner: By the consent of the party appearing, when the other party fails to appear at the trial by himself or attorney. By written …

12 O.S. § 6 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

A ministerial officer whose duty it is to take security in any undertaking provided for by this Code or by other statutes shall require the person offered as surety to make an affidavit of his qualifications, which affidavit may be made before such officer, and shall be endorsed …

Upon the trial of questions of fact by the court, it shall not be necessary for the court to state its findings, except generally, for the plaintiff or defendant, unless one of the parties request it, with the view of excepting to the decision of the court upon the questions of l…

All or any of the issues in the action, whether of fact or of law, or both, may be referred, upon the written consent of the parties, or upon their oral consent in court, entered upon the journal. R.L. 1910, § 5018.

When the parties do not consent, the court may, upon the application of either, or of its own motion, direct a reference in either of the following cases: Where the trial of an issue of fact shall require the examination of mutual accounts, or when the account is on one side only…

A trial before referees is conducted in the same manner as a trial by the court. They have the same power as the court to summon and enforce the attendance of witnesses, to administer all necessary oaths in the trial of the case, and to grant adjournments, upon such trial. They m…

In all cases of reference, the parties, except when an infant may be a party, may agree upon a suitable person or persons, not exceeding three, and the reference shall be ordered accordingly; and if the parties do not agree, the court shall appoint one or more referees, not excee…