Title 12 — Title 12 — Civil Procedure

If the writ be directed to the sheriff, it shall be delivered by the clerk to him without delay. R.L. 1910, § 4886.

If the writ be directed to any other person, it shall be delivered to the sheriff and shall be by him served by delivering to such person without delay. R.L. 1910, § 4887.

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 w…

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 su…

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. Th…

An action, other than one described in Sections 131 through 133 of this title, against a limited liability company or corporation created by the laws of this state may be brought in the county in which it is situated or has its principal office or place of business, in which any …

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 oth…

The court or judge shall thereupon proceed in a summary way to hear and determine the cause, and if no legal cause be shown for the restraint or for the continuance thereof, shall discharge the party. R.L. 1910, § 4892.

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 Unite…

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 …

The writ may be had for the purpose of letting a prisoner to bail in civil and criminal actions. R.L. 1910, § 4895.

When any person has an interest in the detention, the prisoner shall not be discharged until the person having such interest is notified. R.L. 1910, § 4896.

The court or judge shall have power to require and compel the attendance of witnesses and to do all other acts necessary to determine the case. R.L. 1910, § 4897.

No sheriff or other officer shall be liable to a civil action for obeying any writ of habeas corpus or order of discharge made thereon. R.L. 1910, § 4898.

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 irreparabl…

The court or judge may also, if the same be deemed necessary, insert in the warrant a command for the apprehension of the person charged with causing the illegal restraint. R.L. 1910, § 4900.

Actions may be commenced against any transportation or transmission company in the county where any person resides upon whom service of summons is authorized to be made, irrespective of the order in which such persons are named in this chapter, and irrespective of the residence o…

The officer shall execute the writ by bringing the person therein named before the court or judge; and the like return and proceedings shall be required and had as in case of writs of habeas corpus. R.L. 1910, § 4901.

The court or judge may make any temporary orders in the cause or disposition of the party during the progress of the proceedings, that justice may require. The custody of any party restrained may be changed from one person to another, by order of the court or judge. R.L. 1910, § …

Any writ or process authorized by this article may be issued and served, in case of emergency, on Sunday. R.L. 1910, § 4903.

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 …

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 provi…

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 prov…

An action, other than one of those mentioned in the first three sections of this article, against a turnpike road company, may be brought in any county in which any part of such turnpike road or roads lie. R.L. 1910, § 4676.

In addition to the other counties in which an action may be brought against a nonresident of this state, or a foreign corporation, such action may be brought in any county in which there may be property of or debts owing to such defendant, or where such defendant may be found, or…

12 O.S. § 138 Repealed by Laws 1971, c. 23, § 3, eff. March 22, 1971

The injunction provided by this code is a command to refrain from a particular act. It may be the final judgment in an action, or may be allowed as a provisional remedy, and, when so allowed, it shall be by order. The writ of injunction is abolished. R.L. 1910, § 4866.

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…

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…

12 O.S. § 1384 Repealed by Laws 1989, c. 230, § 4, eff. Nov. 1, 1989

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 appea…

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,…

12 O.S. § 1385 Repealed by Laws 1989, c. 230, § 4, eff. Nov. 1, 1989

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 ne…

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 …

An injunction binds the party from the time he has notice thereof, and the undertaking required by the applicant therefor is executed. R.L. 1910, § 4873.

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 grante…

Every other action must be brought in the county in which the defendant or some one of the defendants resides or resided at the time the claim arose, or may be summoned; except claims against makers of notes, claims, or other indebtedness which have been assigned, sold or transfe…

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…

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…

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 allowi…

On the hearing of an application for an injunction, each party may read affidavits. All affidavits shall be filed. R.L. 1910, § 4878.

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 petit…

If application be made upon affidavits or other evidence on the part of the defendant, but not otherwise, the plaintiff may oppose the same, by affidavits or other evidence, in addition to that on which the injunction was granted. R.L. 1910, § 4879.

A defendant may obtain an injunction upon an answer, in the nature of a counterclaim. He shall proceed in the manner hereinbefore prescribed. R.L. 1910, § 4880.

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 a…

liability. A. As used in the Protection from Workplace Harassment and Violence Act: 1. "Course of conduct" means a pattern of conduct composed of a series of two or more separate acts over a period of time, however short, evidencing a continuity of purpose; 2. "Credible threat of…

12 O.S. § 14 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

In all cases in which it is made to appear to the court that a fair and impartial trial cannot be had in the county where the suit is pending, the court may, on application of either party, change the place of trial to some county where such objections do not exist. R.L. 1910, § …

When the court orders the transfer of a case upon a showing by a party that the venue is or should be in some other county, the clerk of the court shall prepare a transcript of all the papers filed, orders entered, and a bill of the costs accrued. The clerk shall collect a new fi…