Title 12, Title 12 — Civil Procedure

A printed docket or other written notice, setting forth the style of the cause and the day that the same is set for trial or hearing, may be mailed, by registered mail, by the court clerk or opposing counsel, addressed to the Attorney General or the assistant Attorney General app…

All orders and judgments rendered in the absence of proof of the notice herein required and in violation of the provisions of this section shall be void, and the court shall on its own motion vacate and set aside same when the same is brought to its attention. Added by Laws 1919,…

Any duty enjoined by this Code upon a ministerial officer, and any act permitted to be done by him, may be performed by his lawful deputy. R.L. 1910, § 5339.

This act shall be known and may be cited as the "Uniform Foreign-Country Money Judgments Recognition Act". Added by Laws 2009, c. 283, § 1, eff. Nov. 1, 2009.

In applying and construing the Uniform Foreign-Country Money Judgments Recognition Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Added by Laws 2009, c. 283, § 10, eff. Nov. 1, 2009.

The Uniform Foreign-Country Money Judgments Recognition Act does not prevent the recognition under principals of comity or otherwise of a foreign-country judgment not within the scope of the Uniform Foreign-Country Money Judgments Recognition Act. Added by Laws 2009, c. 283, § 11…

The Uniform Foreign-Country Money Judgments Recognition Act applies to all actions commenced on or after the effective date of the Uniform Foreign-Country Money Judgments Recognition Act in which the issue of recognition of a foreign-country judgment is raised. Added by Laws 2009…

As used in the Uniform Foreign-Country Money Judgments Recognition Act: 1. “Foreign country” means a government other than: a. the United States, b. a state, district, commonwealth, territory, or insular possession of the United States, or c. any other government with regard to w…

A. Except as otherwise provided in subsection B of this section, the Uniform Foreign-Country Money Judgments Recognition Act applies to a foreign-country judgment to the extent that the judgment: 1. Grants or denies recovery of a sum of money; and 2. Under the law of the foreign …

A. Except as otherwise provided in subsections B and C of this section, a court of this state shall recognize a foreign-country judgment to which the Uniform Foreign-Country Money Judgments Recognition Act applies. B. A court of this state may not recognize a foreign-country judg…

A. A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if: 1. The defendant was served with process personally in the foreign country; 2. The defendant voluntarily appeared in the proceeding, other than for the purpose of protecting propert…

A. If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment. B. If recognition of a foreign-country judgment is sought in a pending action, the is…

If the court in a proceeding under Section 6 of this act finds that the foreign-country judgment is entitled to recognition under the Uniform Foreign-Country Money Judgments Recognition Act then, to the extent that the foreign-country judgment grants or denies recovery of a sum o…

judgment. If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had suffici…

An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign- country judgment is effective in the foreign country or fifteen (15) years from the date that the foreign-country judgment became effective in the foreign …

A. For the purposes of this section only, a "foreign defamation judgment" shall mean any judgment for a cause of action equivalent or fundamentally similar to an action for libel or slander that is rendered by a court or tribunal outside the United States or its territories or po…

This act may be cited as the Uniform Enforcement of Foreign Judgments Act. Added by Laws 1968, c. 170, § 1, emerg. eff. April 15, 1968.

Whenever an oath is required by this Code, the affirmation of a person, conscientiously scrupulous of taking an oath shall have the same effect. R.L. 1910, § 5340.

In this act "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state. Added by Laws 1968, c. 170, § 2, emerg. eff. April 15, 1968.

A copy of any foreign judgment authenticated in accordance with the applicable Act of Congress or of the statutes of this state may be filed in the office of the court clerk of any county of this state. The clerk shall treat the foreign judgment in the same manner as a judgment o…

(a) At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of the court an affidavit setting forth the name and last-known post-office address of the judgment debtor, and of the judgment creditor. (b) Promptly upo…

(a) If the judgment debtor shows the district or superior court of the county in which the judgment is filed that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgmen…

Any person filing a foreign judgment shall pay to the court clerk those fees now and hereafter prescribed by statute for the filing of an action in the court in which such judgment is filed. Fees for docketing, transcription, or other enforcement proceedings shall be the same as …

The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this act remains unimpaired. Added by Laws 1968, c. 170, § 7, emerg. eff. April 15, 1968.

This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Added by Laws 1968, c. 170, § 8, emerg. eff. April 15, 1968.

2000, but before January 1, 2005. POSTJUDGMENT INTEREST A. 1. Except as otherwise provided by this section, all judgments of courts of record, including costs and attorney fees authorized by statute or otherwise and allowed by the court, shall bear interest at a rate prescribed p…

2005. POSTJUDGMENT INTEREST A. 1. Except as otherwise provided by this section, all judgments of courts of record, including costs and attorney fees authorized by statute or otherwise and allowed by the court, shall bear interest at a rate prescribed pursuant to this section. 2. …

tribal courts - Reciprocity. A. This act affirms the power of the Supreme Court of the State of Oklahoma to issue standards for extending full faith and credit to the records and judicial proceedings of any court of any federally recognized Indian nation, tribe, band or political…

order of a district court. Any judgment, decree or appealable order of a district court rendered or granted on or after January 1, 1991, and before the effective date of this act, which substantially complies with this act, Chapter 251, O.S.L. 1991, Chapter 251, O.S.L. 1990 or th…

This act shall be known and may be cited as the "Oklahoma Uniform Foreign-Money Claims Act". Added by Laws 1994, c. 165, § 1, eff. Jan. 1, 1995.

A. With respect to a foreign-money claim, recovery of prejudgment or pre-award interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in subsection B of this section, are matters of the substantive law governing the right to r…

A. If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in Section 8 of this act, whether or not the foreign judgment conf…

A. Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment. B. For the limited purpose of facilitating the enforcement of provisional r…

A. If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversio…

Unless displaced by particular provisions of this act, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or…

This act applies to actions and distribution proceedings commenced after its effective date. Added by Laws 1994, c. 165, § 15, eff. Jan. 1, 1995.

This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it. Added by Laws 1994, c. 165, § 16, eff. Jan. 1, 1995.

As used in this act: 1. "Action" means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim; 2. "Bank-offered spot rate" means the spot rate of exchange at which a bank will sell foreign money at a spot …

A. This act applies only to a foreign-money claim in an action or distribution proceeding. B. This act applies to foreign-money issues even if other law under the conflict of laws rules of this state applies to other issues in the action or distribution proceeding. Added by Laws …

A. The effect of this act may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment. B. Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-money …

A. The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment. B. If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money: 1…

A. If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date. B. If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate…

A. A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars. B. An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by…

A. Except as provided in subsection C of this section, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim. B. A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amou…

The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign- money claimant in a distribution proceeding shall assert its claim in the named for…

Executions shall be deemed process of the court, and shall be issued by the clerk, and directed to the sheriff of the county. They may be directed to different counties at the same time. R.L. 1910, § 5149.

Executions are of three kinds: First, against the property of the judgment debtor. Second, for the delivery of possession of real or personal property, with damages for withholding the same, and costs. Third, executions in special cases. R.L. 1910, § 5150.

Lands, tenements, goods and chattels, not exempt by law shall be subject to the payment of debts, and shall be liable to be taken on execution and sold, as hereinafter provided. R.L. 1910, § 5151.

All real estate not bound by the lien of the judgment, as well as goods and chattels of the debtor, shall be bound from the time they shall be seized in execution. R.L. 1910, § 5152.

unenforceable - Inapplicable to municipalities or child support judgments. A. A judgment shall become unenforceable and of no effect if, within five (5) years after the date of filing of any judgment that now is or may hereafter be filed in any court of record in this state: 1. E…