Title 12 — Title 12 — Civil Procedure

It shall be the duty of the referees to sign any true exceptions taken to any order or decision by them made in the case, and return the same, with their report, to the court making the reference. R.L. 1910, § 5022.

A judge, in vacation, upon the written consent of the parties, may make an order of reference which the court of which he is a member could make in term time. In such case, the order of reference shall be made on the written agreement of the parties to refer, and shall be filed w…

The referees must be sworn or affirmed well and faithfully to hear and examine the cause, and to make a just and true report therein, according to the best of their understanding. The oath may be administered by any person authorized to take depositions. R.L. 1910, § 5024.

The referees shall be allowed such compensation for their services as the court may deem just and proper, which shall be taxed as part of the costs in the case. R.L. 1910, § 5025.

The surety in every undertaking provided for by this Code or other statutes unless a surety company, must be a resident of this state and worth double the sum to be secured, over and above all exemptions, debts and liabilities. Where there are two or more sureties in the same und…

transcript - Filing. In all actions referred to a referee by the district or superior court, with directions to make findings of fact and conclusions of law and to report the evidence to the court, the referee must file a written report of his findings of fact and conclusions of …

The referee must give at least four (4) days written notice to each attorney of record in the action that he will file his report with the clerk of the court on a day certain. Added by Laws 1941, p. 35, § 2.

Any party to the action desiring to except to the reports of the referee or any portion thereof, shall file his written objections thereto with the clerk of the court within ten (10) days after the referee shall have filed his report. Added by Laws 1941, p. 35, § 3. Amended by La…

12 O.S. § 623 Repealed by Laws 1968, c. 395, § 2

An appeal shall be had and perfected in the same manner and time as provided in the code of civil procedure from any final judgment of the district or superior court. Added by Laws 1941, p. 35, § 5.

In every instance in this state where bond, indemnity or guaranty is required, a first mortgage upon improved real estate within this state shall be accepted: Provided, that the amount of such bond, guaranty or indemnity shall not exceed fifty percent (50%) of the reasonable valu…

Formal exceptions to rulings or orders of the court shall not be necessary; but for all purposes for which an exception has heretofore been necessary at the trial of a cause it shall be sufficient that a party, at the time the ruling or order of the court is made or sought, makes…

An exception is an objection taken to a decision of the court or judge upon a matter of law. R.L. 1910, § 5026.

12 O.S. § 632 Repealed by Laws 1961, p. 64, § 1

12 O.S. § 633 Repealed by Laws 1961, p. 64, § 1

12 O.S. § 634 Repealed by Laws 1961, p. 64, § 1

12 O.S. § 635 Repealed by Laws 1961, p. 64, § 1

No exception shall be regarded, unless it is material and prejudicial to the substantial rights of the party excepting. R.L. 1910, § 5031.

Exceptions taken to the decision of any court of record may, by leave of such court, be withdrawn from the files by the party taking the same, at any time before the proceedings in error are commenced. R.L. 1910, § 5032.

The officer, whose duty it is to accept and approve such bond, guaranty or indemnity shall require the affidavits of two freeholders versed in land values in the community where such real estate is located to the value of such real estate. Said officer shall have the authority to…

Any person willfully making a false affidavit as to the value of any such real estate shall be guilty of perjury, a Class D3 felony offense, and shall be punished by imprisonment as provided for in subsections B through F of Section 20P of Title 21 of the Oklahoma Statutes. Any o…

A new trial is a reexamination in the same court, of an issue of fact or of law or both, after a verdict by a jury, the approval of the report of a referee, or a decision by the court. The former verdict, report, or decision shall be vacated, and a new trial granted, on the appli…

12 O.S. § 652 Repealed by Laws 1953, p. 54, § 2

A. Unless unavoidably prevented, an application for a new trial by motion, if made, must be filed not later than ten (10) days after the judgment, decree or appealable order prepared in conformance with Section 696.3 of this title has been filed. More than ten (10) days after the…

A. The application for a new trial by motion must be upon written grounds filed at the time of making the motion. B. The application for a new trial by petition must be filed in conformance with Section 655 of this title. The causes enumerated in paragraphs 2, 3, 7, and 9 of Sect…

days after judgment, decree, or appealable order was filed. Where the grounds for a new trial could not with reasonable diligence have been discovered before but are discovered more than ten (10) days after the judgment, decree, or appealable order was filed, or where the impossi…

Payment of costs. A. Whenever an action is filed in any of the courts of this state where the State of Oklahoma or any of its departments or agencies, as defined in Section 152 of Title 51 of the Oklahoma Statutes, is a party, no bonds or other obligation of security shall be req…

Whenever damages are recoverable, the plaintiff may claim and recover any rate of damages to which he may be entitled for the cause of action established. R.L. 1910, § 5038.

The provisions of this article respecting trials by jury apply, so far as they are in their nature applicable, to trials by the court. R.L. 1910, § 5039.

A trial docket shall be made out by the clerk of court, at least twelve (12) days before the first day of each term of the court, and the actions shall be set for particular days in the order prescribed by the judge of the court, and so arranged that the cases set for each day sh…

The clerk shall make out a copy of the trial docket for the use of the bar, before the first day of the term of court and cause the same to be printed. R.L. 1910, § 5041.

The trial of an issue of fact, and the assessment of damages in any case, shall be in the order in which they are placed on the trial docket, unless by the consent of the parties or the order of the court they are continued or placed at the heel of the docket, unless the court, i…

Actions shall be triable at the first term of court, after or during which the issues therein, by the time fixed for pleading are, or shall have been made up. When the issues are made up, or when the defendant has failed to plead within the time fixed, the cause shall be placed o…

appeals when member of Legislature is party or attorney. The court may, for good cause shown, continue an action at any stage of the proceedings upon terms as may be just; provided, that if a party or his attorney of record is serving as a member of the Legislature or the Senate,…

A motion for a continuance, on account of the absence of evidence, can be made only upon affidavit, showing the materiality of the evidence expected to be obtained, and that due diligence has been used to obtain it, and where the evidence may be; and if it is for an absent witnes…

12 O.S. § 67 Repealed by Laws 1961, p. 59, § 1

enforce. If a bench warrant or command to enforce a court order by body attachment is issued in a case for divorce, legal separation, annulment or alimony, or in any civil proceeding in which a judgment debtor is summoned to answer as to assets, and the person arrested, pursuant …

A judgment is the final determination of the rights of the parties in an action. R.L. 1910, § 5123.

against officers, directors and shareholders - Statute of limitations. A. Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; it may determine the ultimate rights of the parties on either side, as between t…

Except as provided in Section 684.1 of this title, an action may be dismissed, without prejudice to a future action: 1. By the plaintiff, before the final submission of the case to the jury, or to the court, where the trial is by the court; 2. By the court, where the plaintiff fa…

A. An action may be dismissed by the plaintiff without an order of court by filing a notice of dismissal at any time before pretrial. After the pretrial hearing, an action may only be dismissed by agreement of the parties or by the court. Unless otherwise stated in the notice of …

Care Act – Dismissal without order of court. A. A medical liability action brought pursuant to the Affordable Access to Health Care Act shall only be dismissed, on the payment of costs and without an order of court: 1. By the plaintiff, before the later of the completion of disco…

12 O.S. § 685 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

in different counties - Application of proceeds - Attorney's fees and expenses, taxation of - Putting purchaser in possession - Post judgment deficiency order. In actions to enforce a mortgage, deed of trust, or other lien or charge, a personal judgment or judgment or judgments s…

may execute when party fails to do so. When a judgment shall be rendered for a conveyance, release or acquittance, in any court of this state, and the party against whom the judgment shall be rendered does not comply therewith by the time appointed, such judgment shall have the s…

default or decision of issue of law. If the taking of an account, or the proof of a fact, or the assessment of damages, be necessary to enable the court to pronounce judgment upon a failure to answer, or after a decision of an issue of law the court may, with the assent of the pa…

Any person indebted, or against whom a cause of action exists, may personally appear in a court of competent jurisdiction, and, with the assent of the creditor or person having such cause of action, confess judgment therefor; whereupon judgment shall be entered accordingly. R.L. …

12 O.S. § 690 Repealed by Laws 1999, c. 293, § 28, eff. Nov. 1, 1999

12 O.S. § 691 Repealed by Laws 1999, c. 293, § 28, eff. Nov. 1, 1999

12 O.S. § 692 Repealed by Laws 1999, c. 293, § 28, eff. Nov. 1, 1999