Title 12 — Title 12 — Civil Procedure

12 O.S. § 171 Repealed by Laws 1972, c. 208, § 12, eff. Oct. 1, 1972

No judgment rendered more than ten (10) years prior hereto against unknown heirs, executors, administrators, devisees, trustees or assigns of any deceased person or, in the alternative, against a person or his unknown heirs, executors, administrators, devisees and assigns, shall …

12 O.S. § 172 Repealed by Laws 1972, c. 208, § 12, eff. Oct. 1, 1972

12 O.S. § 173 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 174 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

A. The following suits may be brought under the small claims procedure: 1. Actions for the recovery of money based on contract or tort, including subrogation claims, but excluding libel or slander, in which the amount sought to be recovered, exclusive of attorney fees and other c…

12 O.S. § 1752 Repealed by Laws 1971, c. 249, § 3, eff. Oct. 1, 1971

The venue of civil actions instituted under small claims procedure for the collection of an open account or for the collection of any note or other instrument of indebtedness shall be, at the option of the plaintiff or plaintiffs in either of the following: (a) in any county in w…

A. Actions under the small claims procedure as described in paragraphs 1 and 2 of subsection A of Section 1751 of this title shall be initiated by plaintiff or plaintiff's attorney filing an affidavit in substantially the following form with the clerk of the court: In the Distric…

The claimant shall prepare such an affidavit as is set forth in Section 3 of this act, or, at his request, the clerk of said court shall draft the same for him. Such affidavit may be presented by the claimant in person or sent to the clerk by mail. Upon receipt of said affidavit,…

Unless service by the sheriff or other authorized person is requested by the plaintiff, the defendant shall be served by mail. The clerk shall enclose a copy of the affidavit and the order in an envelope addressed to the defendant at the address stated in said affidavit, prepay t…

The date for the appearance of the defendant as provided in the order endorsed on the affidavit shall not be more than sixty (60) days nor less than ten (10) days from the date of the order. The order shall be served upon the defendant at least seven (7) days prior to the date sp…

docket. A. For matters in which the claim is less than Seven Thousand Five Hundred Dollars ($7,500.00): 1. On motion of the defendant, a small claims action may, in the discretion of the court, be transferred from the small claims docket to another docket of the court; provided, …

No formal pleading, other than the claim and notice, shall be necessary, but if the defendant wishes to state new matter which constitutes a counterclaim or a setoff, he shall file a verified answer, a copy of which shall be delivered to the plaintiff in person, and filed with th…

A. Except as provided by subsection C of this section, if a claim, a counterclaim, or a setoff is filed, prior to the expiration of the time prescribed by Section 1758 of this title, for an amount in excess of Ten Thousand Dollars ($10,000.00), the action shall be transferred to …

12 O.S. § 176 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

- New parties - Intervention. No attachment or prejudgment garnishment shall issue in any suit under the small claims procedure. Proceedings to enforce or collect a judgment rendered by the trial court in a suit under the small claims procedure shall be in all respects as in othe…

- Informality - Mailing of judgment. Actions under the small claims procedure shall be tried to the court without a jury, unless the amount of the claim, counterclaim, or setoff exceeds One Thousand Five Hundred Dollars ($1,500.00); provided, if either party wishes a reporter or …

If judgment be rendered against either party for the payment of money, said party shall pay the same immediately or pay the judgment in accordance with a judgment satisfaction plan arranged by the court. Added by Laws 1968, c. 322, § 12, eff. Jan. 13, 1969. Amended by Laws 1988, …

Appeals may be taken from the judgment rendered under small claims procedure to the Supreme Court of the state in the same manner as appeals are taken in other civil actions. Added by Laws 1968, c. 322, § 13, eff. Jan. 13, 1969.

A fee of Forty-five Dollars ($45.00) shall be charged and collected for the filing of the affidavit for the commencement of any action for an amount of Five Thousand Dollars ($5,000.00) or less. Any action in excess of Five Thousand Dollars ($5,000.00) shall be subject to the fil…

The prevailing party in an action is entitled to costs of the action, including the costs of service of the order for the appearance of the defendant and the costs of enforcing any judgment rendered therein. Added by Laws 1968, c. 322, § 15, eff. Jan. 13, 1969.

This act shall be known as "The Small Claims Procedure Act," and shall be incorporated in Title 12, Oklahoma Statutes. Added by Laws 1968, c. 322, § 16, eff. Jan. 13, 1969.

1970.

1970.

1987.

12 O.S. § 177 Repealed by Laws 1947, p. 79, § 2

against party served by publication. No judgment heretofore or hereafter rendered in any action against unknown heirs or devisees of a deceased person shall ever be construed, or held to be, either void or voidable upon the ground that an affidavit of the plaintiff to the effect …

Provided, any proceeding or suit or action to challenge or vacate or reopen a judgment ratified or confirmed by this act or law shall be commenced within six (6) months from the effective date hereof. Unless such suit or proceeding is begun within such time, the right to attack o…

A. A judgment granted under the Small Claims Procedure Act, Section 1751 et seq. of Title 12 of the Oklahoma Statutes, shall become a lien on the real property of the judgment debtor within a county only from and after the time a Statement of Judgment has been filed in the office…

12 O.S. § 1771 Repealed by Laws 1990, c. 251, § 20, eff. Jan. 1, 1991

12 O.S. § 1771.1 Repealed by Laws 1995, c. 193, § 6, eff. July 1, 1995

collection. Judgments for the payment of money shall be processed and collected as follows: 1. Incident to the entering of the judgment and while the parties are still under oath: a. the court may arrange a judgment satisfaction plan and enter a writ of execution, and b. the cour…

process. A. Any action under the Small Claims Procedure Act which is not at issue and in which no pleading has been filed or other action taken for one (1) year and in which no motion has been pending during any part of the year shall be dismissed without prejudice by the court o…

Sections 1 through 8 of this act shall be known and may be cited as the “Oklahoma Expedited Actions Act”. Added by Laws 2025, c. 311, § 1, eff. Sept. 1, 2025.

A. The expedited actions process provided for in this act shall apply to a suit in which all claimants, other than counter- claimants, affirmatively plead that they seek only monetary relief aggregating Two Hundred Fifty Thousand Dollars ($250,000.00) or less, excluding interest,…

A. A court shall remove a suit from the expedited actions process: 1. On motion and a showing of good cause by any party; or 2. If any claimant, other than a counter-claimant, files a pleading or an amended or supplemental pleading that seeks any relief other than the monetary re…

A. Every case that follows the expedited actions process shall be governed by the discovery control plan provided for in this section. Discovery shall be subject to the limitations provided for in Section 3226 of Title 12 of the Oklahoma Statutes and to the following additional l…

Upon request of any party, the court shall set the case for a trial date that is within ninety (90) days after the discovery period ends. The court may continue the case twice, not to exceed a total of sixty (60) days. Added by Laws 2025, c. 311, § 5, eff. Sept. 1, 2025.

Where the action is against two or more defendants, and one or more shall have been served, but not all of them, the plaintiff may proceed as follows: First. If the action be against defendants jointly indebted upon contract, tort, or any other cause of action, he may proceed aga…

A. 1. Each side shall be allowed no more than eight (8) hours to complete jury selection, opening statements, presentation of evidence, examination and cross-examination of witnesses, and closing arguments. On motion and a showing of good cause by any party, the court may extend …

A. Unless the parties have agreed not to engage in alternative dispute resolution, the court may refer the case to an alternative dispute resolution procedure once. Such procedure shall: 1. Not exceed a half-day in duration, excluding scheduling time; 2. Not exceed a total cost o…

Unless requested by the party sponsoring the expert, a party may only challenge the admissibility of expert testimony as an objection to summary judgment evidence during a pretrial conference or during the trial on the merits. The requirements of this section shall not apply to a…

Nothing in this code shall be so construed as to make a judgment, against one or more defendants jointly or severally liable, a bar to another action against those not served. R.L. 1910, § 4731.

12 O.S. § 18 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 180 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 180.1 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

The Legislature is aware of the fact that many disputes arise between citizens of this state which are of small social or economic magnitude and can be both costly and time consuming if resolved through a formal judicial proceeding. Many times such disputes can be resolved in a f…

As used in the Dispute Resolution Act: 1. "Initiating party" means the party who first seeks mediation. 2. "Mediation" means the process of resolving a dispute with the assistance of a mediator outside of a formal court proceeding. 3. "Mediator" means any person certified pursuan…

A. Any county, municipality, accredited law school or agency of this state is hereby authorized to establish programs for the purpose of providing mediation services pursuant to the provisions of the Dispute Resolution Act, to be administered and supervised under the direction of…