Title 12 — Title 12 — Civil Procedure

No other pleading or written allegation is allowed than the writ and answer; these are the pleadings in the case, and have the same effect, and are to be construed and may be amended in the same manner, as pleadings in a civil action; and the issues thereby joined must be tried, …

If judgment be given for the plaintiff, he shall recover the damages which he shall have sustained, to be ascertained by the court or jury, or by referees, as in a civil action, and costs; and a peremptory mandamus shall also be granted to him without delay. R.L. 1910, § 4916.

A recovery of damages, by virtue of this article, against a party who shall have made a return to a writ of mandamus, is a bar to any other action against the same party for the making of such return. R.L. 1910, § 4917.

Whenever a peremptory mandamus is directed to any public officer, body or board, commanding the performance of any public duty specially enjoined by law, if it appear to the court that such officer, or any member of such body or board, has, without just excuse, refused or neglect…

taxes. In all cases any occupying claimant being in quiet possession of any lands or tenements for which such person can show a plain and connected title in law or equity, derived from the records of some public office, or being in quiet possession of and holding the same by deed…

The title by which the successful claimant succeeds against the occupying claimant, in all cases of lands sold for taxes, by virtue of any of the laws of this state, shall be considered an adverse and better title, under the provisions of this article, whether it be the title und…

The court rendering judgment in any case provided for by this article against an occupying claimant, shall, at the request of such occupying claimant, for the benefit of the provisions of this article, cause an entry to be made upon the journal of such request, and shall at once …

mesne profits. If the jurors shall report a sum in favor of the plaintiff or plaintiffs in said action, for the recovery of real property, on the assessment and valuation of the valuable and lasting improvements, and the assessment of damages for waste, and the net annual value o…

If the appraisers or jury appointed or impaneled as hereinbefore provided, shall find that the value of the improvements is greater than the value of the rents and damages and waste, then the court shall enter judgment that the successful claimant pay to the clerk of the court fo…

or refusal to pay. If the successful claimant, his heirs, or the guardians of said heirs they being minors, shall elect to receive the value without improvements assessed as aforesaid, to be paid by the occupying claimant within such reasonable time as the court may allow, and sh…

price to be refunded on recovery of land. Whenever any land, sold by an executor, administrator, guardian, sheriff or commissioner of court, is afterwards recovered in the proper action by any person originally liable, or in whose hands the land would be liable to pay the demand …

12 O.S. § 15 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

In any medical liability action, a summons shall be served on the defendant, or defendants, within one hundred eighty (180) days of the filing of the lawsuit or the case shall be deemed dismissed without prejudice. Added by Laws 2003, c.390, § 9, eff. July 1, 2003.

2, emerg. eff. May 31, 1985.

A. When the object of the action is to effect a partition of real property, the petition must describe the property and the respective interests of the owners thereof, if known. B. 1. Except as provided for in this subsection, in any action involving the partition of a mineral es…

If the number of shares or interests is known, but the owners thereof are unknown, or if there are, or are supposed to be, any interests which are unknown, contingent or doubtful, these facts must be set forth in the petition with reasonable certainty. R.L. 1910, § 4941.

Creditors having a specific or general lien upon all or any portion of the property, may be made parties. R.L. 1910, § 4942.

The answers of the defendants must state, among other things, the amount and nature of their respective interests. They may also deny the interests of any of the plaintiffs, or any of the defendants. R.L. 1910, § 4943.

After the interests of all the parties shall have been ascertained, the court shall make an order specifying the interests of the respective parties, and directing partition to be made accordingly. R.L. 1910, § 4944.

Upon making such order, the court shall appoint three commissioners to make partition into the requisite number of shares. R.L. 1910, § 4945.

For good and sufficient reasons appearing to the court, the commissioners may be directed to allot particular portions to any one of the parties. R.L. 1910, § 4946.

Before entering upon their duties, such commissioners shall take and subscribe an oath that they will perform their duties faithfully and impartially, to the best of their ability. R.L. 1910, § 4947.

filing exception or election. A. The commissioners shall make partition of the property among the parties according to their respective interests, if such partition can be made without manifest injury. But if such partition cannot be made, the commissioners shall make a valuation…

12 O.S. § 151 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

Any party may file exceptions to the report of the commissioners, and the court may, for good cause, set aside such report, and appoint other commissioners, or refer the matter back to the same commissioners. R.L. 1910, § 4949.

If partition be made by the commissioners, and no exceptions are filed to their report, the court shall render judgment that such partition be and remain firm and effectual forever. R.L. 1910, § 4950.

If partition cannot be made, and the property shall have been valued and appraised, any one or more of the parties may elect to take the same at the appraisement, and the court may direct the sheriff to make a deed to the party or parties so electing, on payment to the other part…

auction. A. If none of the parties elect to take the property at the valuation or if two or more of the parties elect to take the property at the valuation in opposition to each other, the court shall make an order directing the sale of the property. Upon agreement of all parties…

The sheriff shall make return of his proceedings to the court, and if the sale made by him shall be approved by the court, the sheriff shall execute a deed to the purchaser, upon the payment of the purchase money, or securing the same to be paid, in such manner as the court shall…

The court making partition shall tax the costs, attorney's fees and expenses which may accrue in the action, and apportion the same among the parties, according to their respective interests, and may award execution therefor, as in other cases. R.L. 1910, § 4954.

The court shall have full power to make any order, not inconsistent with the provisions of this article, that may be necessary to make a just and equitable partition between the parties, and to secure their respective interests. R.L. 1910, § 4955.

A. In addition to other provisions of law, if, upon the filing of the commissioners' report, it appears that the property cannot be partitioned in kind and the value of the property does not exceed Five Thousand Dollars ($5,000.00), the court may forthwith dispense with further r…

12 O.S. § 152 Repealed by Laws 1972, c. 214, § 5, eff. Oct. 1, 1972

12 O.S. § 153 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 153.1 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

action - Maintenance by contestants for office. The writ of quo warranto, and proceedings by information in the nature of quo warranto, are abolished and the remedies heretofore obtainable in those forms may be had by civil action; provided, that such cause of action may be insti…

Such action may be brought in the Supreme Court or in the district court, in the following cases: 1st, When any person shall usurp, intrude into, or unlawfully hold or exercise any public office, or shall claim any franchise within this state or any office in any corporation crea…

Attorney General or district attorney - Recovery of damages. When the action is brought by the Attorney General or the district attorney of any county of his own motion, or when directed to do so by competent authority, it shall be prosecuted in the name of the state, but where t…

In every case contesting the right to an office, judgment shall be rendered according to the rights of the parties, and for the damages the plaintiff or person entitled may have sustained, if any, to the time of the judgment. R.L. 1910, § 4922.

If judgment be rendered in favor of the plaintiff or person entitled, he shall proceed to exercise the functions of the office, after he has been qualified as required by law; and the court shall order the defendant to deliver over all the books and papers in his custody or withi…

If the defendant shall refuse or neglect to deliver over the books and papers, pursuant to the order, the court, or judge thereof, shall enforce the order by attachment and imprisonment. R.L. 1910, § 4924.

of ouster or dissolution. When judgment is rendered in favor of the plaintiff, he may, if he has not claimed his damages in the action, have a separate action for the damages at any time within one (1) year after the judgment. The court may give judgment of ouster against the def…

Receiver. If judgment be rendered against any corporation, or against any persons claiming to be a corporation, the court may cause the costs to be collected by execution against the persons claiming to be a corporation, or by attachment against the directors or other officers of…

Where the action is rightly brought in any county, a summons shall be issued to any other county against any one or more of the defendants, at the plaintiff's request. R.L. 1910, § 4706.

12 O.S. § 154.1 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 154.2 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 154.3 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 154.4 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 154.5 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 154.6 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984