Title 12, Title 12 — Civil Procedure

In actions for the recovery of real property, it shall be necessary for the plaintiff to set forth in detail the facts relied upon to establish his claim, and to attach to his petition copies of all deeds or other evidences of title, as in actions upon written contracts; and he m…

It shall be sufficient in such action, if the defendant in his answer, deny, generally, the title alleged in the petition, or that he withholds the possession, as the case may be, but if he deny the title of the plaintiff, possession by the defendant shall be taken as admitted. W…

In an action, by a tenant in common of real property, against a cotenant, the plaintiff must, in addition to what is required in the second preceding section, state, in his petition, that the defendant either denied the plaintiff's right, or did some act amounting to such denial.…

In an action for the recovery of real property, where the plaintiff shows a right to recover at the time the action was commenced, but it appears that his right has terminated during the pendency of the action, the verdict and judgment must be according to the fact, and the plain…

In all actions for the recovery of real property one trial only shall be granted as a matter of right, but the party against whom the judgment is rendered may secure a new trial in the same manner and for the same reasons as new trials are awarded in other civil cases. R.L. 1910,…

not in being - Direction for sale and holding proceeds in trust. If it shall appear in any suit or proceeding in a district court involving real estate that any person or persons not in being are or may become entitled to, or may upon coming into being claim to be entitled to, an…

When, under the circumstances stated in Section 1, the possible claim of persons not in being affect only an undivided interest in the full fee simple title to a tract of real estate, such undivided interest only may be sold under the provisions of this act, and the title to the …

in being - Guardian ad litem. No sale of real estate hereunder shall be made unless all persons interested in the real estate to be sold (which shall be the full fee simple title in the tract sold if the possible claims of the person or persons not in being affect the full fee si…

Confirmation. Where a sale is made under the provisions of this act, the court may appoint a trustee to make such sale on such terms as it may deem advisable, at public or private sale, with or without notice, and on such terms as to the payment of the purchase price as the court…

Upon confirming the sale of real estate under the provisions of Section 1147.4 of this title, the court shall direct that the proceeds of the sale, including any purchase money mortgage which may be accepted as a part of the purchase price, less any costs chargeable against the s…

The court shall fix all fees and costs including reasonable compensation for the guardian or guardians ad litem and trustee and assess the same against the trust assets or, in the event the sale is not made, against the parties to the proceedings who are sui juris as equity may r…

of actions - Judgments no bar. The district court shall have jurisdiction to try all actions for the forcible entry and detention, or detention only, of real property, and claims for the collection of rent or damages to the premises, or claims arising under the Oklahoma Residenti…

If judgment be for plaintiff, the court shall, at the request of the plaintiff, his or her agent or attorney, issue a writ of execution thereon, which shall be in substantially the following form: The State of Oklahoma, _______ County. The State of Oklahoma to the Sheriff of ____…

writ - Refusal to surrender possession - Assistance of law enforcement - Appeal. A. The plaintiff or agent of the plaintiff or officer shall immediately notify the defendant in person or by posting of said notice that the plaintiff or agent of the plaintiff or officer shall retur…

provide minimum services. A. A tenant shall be allowed to cure a default in a forcible entry and detainer action in the following instance: The default of the tenant was due to unpaid rent which was unpaid due to the good faith claim of a tenant that the landlord failed to provid…

This act shall be incorporated in Title 12, Oklahoma Statutes. Added by Laws 1968, c. 172, § 13, eff. Jan. 13, 1969.

jurisdictional amount for small claims court - Small claims docket. An action for forcible entry and detainer brought pursuant to procedures prescribed otherwise in this title standing alone or when joined with a claim for recovery of rent, damages to the premises, or a claim ari…

The actions for unlawful entry and detainer, commonly known as an eviction, standing alone or when joined with a claim for collection of rent or damages to the premises, or both, shall be commenced by filing an affidavit with the clerk of the court. This affidavit is to be develo…

The summons to be issued in an action for forcible entry and detainer, commonly known as an eviction, shall be in a form developed in plain and understandable language by the Oklahoma Bar Association. The Administrative Office of the Courts shall provide public access to the affi…

The court shall have power to inquire, in the manner hereinafter directed, as well against those who make unlawful and forcible entry into lands and tenements, and detain the same, as against those who, having a lawful and peaceable entry into land or tenements, unlawfully and by…

Proceedings under this act may be had in all cases against tenants holding over their terms and, incident thereto, to determine whether or not tenants are holding over their terms; in sales or real estate on executions, orders or other judicial process, when the judgment debtor w…

pleading to conform to evidence. The summons shall be issued and returned as in other cases, except that it shall command the sheriff, or other person serving it, to summon the defendant to appear for trial at the time and place specified therein, which time shall be not less tha…

The summons may be served as in other cases except that such service shall be at least three (3) days before the day of trial, and the return day shall not be later than the day of trial, and it may also be served by leaving a copy thereof with some person over fifteen (15) years…

If, in the exercise of reasonable diligence, service cannot be made upon the defendant personally nor upon any person residing upon the premises over fifteen (15) years of age, then in lieu of service by certified mail, service may be obtained for the sole purpose of adjudicating…

A. In all cases in which the defendant wishes to assert title to the land or that the boundaries of the land are in dispute, he shall, before the time for the trial of the cause, file a verified answer or an affidavit which contains a full and specific statement of the facts cons…

A jury trial shall only be an option for claims for the collection of rent or damages to the premises, or claims arising under the Oklahoma Residential Landlord and Tenant Act, and shall not be an option for forcible entry and detention actions. For suits with actions for the for…

A reasonable attorney fee shall be allowed by the court to the prevailing party. Added by Laws 1968, c. 172, § 9, eff. Jan. 13, 1969.

The plaintiff in a civil action for the recovery of money may, at or after the commencement thereof, have an attachment against the property of the defendant, and upon the grounds herein stated: 1. When the defendant, or one of several defendants, is a foreign corporation, or a n…

An order of attachment shall be issued by the judge of the court in which the action is brought, when: 1. There is filed in the office of the court clerk an application that the court issue an order of attachment which states facts which show: First, The nature of the plaintiff's…

The order of attachment shall not be issued until an undertaking on the part of the plaintiff has been executed by one or more sufficient sureties, approved by the clerk and filed in his office, in a sum not less than double the amount of the plaintiff's claim, to the effect that…

The order of attachment shall be directed and delivered to the sheriff. It shall require him to attach the lands, tenements, goods, chattels, stocks, rights, credits, moneys and effects of the defendant in his county, not exempt by law from being applied to the payment of the pla…

Orders of attachment may be issued to the sheriffs of different counties, and several of them may, at the option of the plaintiff, be issued at the same time, or in succession; but only such as have been executed shall be taxed in the costs, unless otherwise directed by the court…

The return day of the order of attachment when issued at the commencement of the action, shall be the same as that of the summons. When issued afterwards, it shall be twenty (20) days after it is issued. R.L. 1910, § 4817.

Where there are several orders of attachment against the defendant, they shall be executed in the order in which they are received by the sheriff. R.L. 1910, § 4818.

The order of attachment shall be executed by the sheriff, without delay. He shall go to the place where the defendant's property may be found, and declare that, by virtue of said order, he attaches said property at the suit of the plaintiff; and the officer, with two householders…

of order. When the property attached is real property, the officer shall leave a copy of the order with the occupant, or, if there be no occupant, then a copy of the order shall be posted in a conspicuous place on the real property. Where it is personal property, and he can get p…

The sheriff shall deliver the property attached to the person in whose possession it was found, upon the execution, by such person, in the presence of the sheriff, of an undertaking to the plaintiff, with one or more sufficient sureties, resident in the county, to the effect that…

A. For the purposes of this subsection and Sections 1171.2 through 1171.4 of this title: 1. “Arrearage” means the total amount of unpaid support obligations; 2. “Delinquency” means any payment under an order for support which becomes due and remains unpaid; 3. “Income” or “earnin…

A. Any creditor shall be entitled to proceed by garnishment in any court having jurisdiction against any person whom the creditor, in good faith, believes to be indebted to the creditor's debtor or has possession or control of any property belonging to such creditor's debtor, in …

A. Money that was earned by a natural person as wages, salary, bonus or commission for personal services shall be exempt from garnishment issued before judgment of the trial court except as provided for support in a divorce proceeding interlocutory order pursuant to this title, a…

garnishment proceedings. A. Any person awarded custody of and support for a minor child by the district court or awarded periodic child support payments by the Department of Human Services, or the Department of Human Services on behalf of a recipient of Temporary Assistance for N…

A. In all child support cases arising out of an action for divorce, paternity or other proceedings, the court shall order the payment of child support as provided under Section 115 of Title 43 of the Oklahoma Statutes. B. 1. A notice of income assignment shall be sent by the appl…

A. Garnishment proceedings, whether prejudgment or postjudgment, shall be commenced by the filing of an affidavit, on a form prescribed by the Oklahoma Bar Association. The Administrative Office of the Courts shall provide public access to the affidavit by providing a link to the…

A. A garnishee summons shall not be issued in any action prior to judgment until: 1. Defendant has been served with a notice, to which the affidavit required by Section 1172 of this title is attached, which notifies the defendant that the issuance of a garnishee summons is reques…

by garnishee. A. When a garnishment summons is issued in any action after the judgment is filed, the court clerk shall attach to the garnishment summons a notice of garnishment and exemptions required by subsection C of Section 1174 of this title and an application for the defend…

Priority of lien. A. Any judgment creditor may obtain a noncontinuing lien on earnings. For the purposes of this section, "earnings" means any form of payment to an individual including, but not limited to, salary, commission, or other compensation, but does not include reimburse…

Upon the filing of such affidavit and the undertaking and, when a hearing is required, after said hearing, where the garnishment is for the collection of support, garnishee summons shall be issued by the judge of the district court if prejudgment garnishment is sought or by the c…

A. A general garnishment shall be commenced by filing the affidavit provided for by Section 1172 of this title. B. The summons required by this section shall be on a form prescribed by the Oklahoma Bar Association. The Administrative Office of the Courts shall provide public acce…

A. Any judgment creditor may obtain a continuing lien on earnings. For the purposes of this section, "earnings" means any form of payment to an individual including, but not limited to, salary, wages, commission, or other compensation, but does not include reimbursements for trav…

A. In all cases of garnishment before judgment, the defendant in the principal action shall be given notice of the issuance in said action of any garnishee summons, the date of issuance of said summons, and the name of the garnishee. B. In all cases of garnishment for the collect…