Title 12 — Title 12 — Civil Procedure

12 O.S. § 973 Repealed by Laws 1968, c. 295, § 6, eff. Jan. 13, 1969

12 O.S. § 974 Repealed by Laws 1990, c. 251, § 20, eff. Jan. 1, 1991

12 O.S. § 974.1 Repealed by Laws 1993, c. 351, § 29, eff. Oct. 1, 1993

When a judgment or final order shall be reversed on appeal, either in whole or in part, the court reversing the same shall proceed to render such judgment as the court below should have rendered, or remand the cause to the court below for such judgment. The court reversing such j…

12 O.S. § 976 Repealed by Laws 1968, c. 290, § 3, eff. Jan. 13, 1969

12 O.S. § 977 Repealed by Laws 1968, c. 290, § 3, eff. Jan. 13, 1969

When a judgment or final order is reversed, the plaintiff in error shall recover his costs, including the costs of the transcript of the proceedings, or case-made, filed with the petition in error; and when reversed in part and affirmed in part, costs shall be equally divided bet…

orders on appeal or on certiorari. When an interlocutory order of a district court is reviewed on appeal or on certiorari and the interlocutory order is reversed, the prevailing party shall recover his costs, exclusive of attorney fees, including the cost deposit and the costs of…

A mistake, neglect or omission of the clerk shall not be ground of error, until the same has been presented and acted upon in the court in which the mistake, neglect or omission occurred. R.L. 1910, § 5262.

When a cause of action accrues against a person and that person is out of the state or has concealed himself, the period limited for the commencement of the action shall not begin to run until he comes into the state, or while he is concealed. If, after a cause of action accrues …

Writs of error and certiorari, to reverse, vacate or modify judgments or final orders in civil cases, are abolished; but courts shall have the same power to compel complete and perfect transcripts of the proceedings containing the judgment or final order sought to be reversed, to…

12 O.S. § 981 Repealed by Laws 1968, c. 295, § 6, eff. Jan. 13, 1969

12 O.S. § 982 Repealed by Laws 1968, c. 295, § 6, eff. Jan. 13, 1969

12 O.S. § 983 Repealed by Laws 1970, c. 289, § 3, eff. July 1, 1970

The provisions of this article shall apply to all the courts of record of the state so far as the same may be applicable to the judgments or final orders of such courts. R.L. 1910, § 5275.

Executors, administrators and guardians who have given bond in this state, with sureties, according to law, are not required to give an undertaking on appeal or proceedings in error. R.L. 1910, § 5276.

12 O.S. § 986 Repealed by Laws 1968, c. 295, § 6, eff. Jan. 13, 1969

12 O.S. § 987 Repealed by Laws 1961, p. 64, § 1

12 O.S. § 988 Repealed by Laws 1970, c. 88, § 2

12 O.S. § 989 Repealed by Laws 1970, c. 88, § 2

12 O.S. § 99 Repealed by Laws 1965, c. 98, § 6, eff. July 1, 1966

12 O.S. § 990 Repealed by Laws 1990, c. 251, § 20, eff. Jan. 1, 1991

counter-appeals and cross-appeals. When a petition in error is timely filed, the Supreme Court shall have jurisdiction of the entire action that is the subject of the appeal. No additional jurisdictional steps shall be necessary to enable the Supreme Court to rule upon any errors…

A. Post-Trial Motions Filed Within Ten (10) Days. When a post- trial motion for a new trial, for judgment notwithstanding the verdict, or to correct, open, modify, vacate or reconsider a judgment, decree or final order, other than a motion only involving costs or attorney fees, i…

orders. A. Where only the payment of money is awarded, no execution or other proceeding shall be taken for the enforcement of the judgment, decree or final order until ten (10) days after the judgment, decree or order is filed with the court clerk. Asset hearing proceedings shall…

orders. A. Except as provided in subsection C of this section, a party may obtain a stay of the enforcement of a judgment, decree or final order: 1. While a posttrial motion is pending; 2. During the time in which an appeal may be commenced in any court in or outside of this stat…

the state. Notwithstanding any other provision of this title, the execution of a judgment or final order of any judicial tribunal against any county, municipality, or other political subdivision of this state is automatically stayed without the execution of supersedeas bond until…

Rules - Record on appeal - Premature appeal - Designation of record. A. An appeal to the Supreme Court of Oklahoma, if taken, must be commenced by filing a petition in error with the Clerk of the Supreme Court of Oklahoma within thirty (30) days from the date a judgment, decree, …

motion for new trial - Exemption. (a) The right of a party to perfect an appeal from a judgment, order or decree of the trial court to the Supreme Court shall not be conditioned upon his having filed in the trial court a motion for a new trial, but in the event a motion for a new…

Where possible, errors in perfecting an appeal must be raised promptly in the trial court, and errors in perfecting an appeal that could have been raised in the trial court may not be raised for the first time in the appellate court. The parties may waive any defect or error in p…

A. When an order: 1. Discharges, vacates, or modifies or refuses to discharge, vacate, or modify an attachment; 2. Denies a temporary or permanent injunction, grants a temporary or permanent injunction except where granted at an ex parte hearing, or discharges, vacates, or modifi…

A. When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third- party claim, or when multiple parties are involved, the court may direct the preparation and filing of a final judgment, decree, or final order as to one or …

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 10, which created this section, was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013). See, now, Title 12, § 994.2.

recovery - Calculations. A. Recovery against the party that received payment. 1. General rule. Medicaid reduces its recovery to take account of the cost of procuring the judgment or settlement, as provided in this section, if: a. procurement costs are incurred because the claim i…

party payer — Payments — Recovery worksheet. A. Recovery against the party that received payment. 1. General rule. Any payor of money benefits with recovery or reimbursement rights by contract or statute reduces its recovery to take account of the cost of procuring the judgment o…

Dismissal and sanctions. The Oklahoma Supreme Court or Court of Civil Appeals shall dismiss an appeal that is frivolous, and may impose sanctions against the appellant, the appellant's attorney, or both. The sanctions that may be imposed may include the reasonable expenses incurr…