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Oklahoma Rules of Civil Procedure
Because the rules of civil procedure
may change from time to time, please
check the
Oklahoma Courts website
for updated and complete rules of civil procedure
in Oklahoma.
Rules of Civil Procedure in
Oklahoma:
§
12-2004 Process
SUMMONS: ISSUANCE.
Upon filing of the petition, the
clerk shall forthwith issue a
summons. Upon request of the
plaintiff separate or additional
summons shall issue against any
defendants.
SUMMONS: FORM.
- The summons shall be signed
by the clerk, be under the seal
of the court, contain the name
of the court and the names of
the parties, be directed to the
defendant, state the name and
address of the plaintiff's
attorney, if any, otherwise, the
plaintiff's address, and the
time within which these rules
require the defendant to appear
and defend, and shall notify the
defendant that in case of
failure to appear, judgment by
default will be rendered against
the defendant for the relief
demanded in the petition.
- A judgment by default shall
not be different in kind from or
exceed in amount that prayed for
in either the demand for
judgment or in cases not
sounding in contract in a notice
which has been given the party
against whom default judgment is
sought. Except as to a party
against whom a judgment is
entered by default, every final
judgment shall grant the relief
to which the party in whose
favor it is rendered is
entitled, even if the party has
not demanded such relief in his
or her pleadings.
BY WHOM SERVED: PERSON TO
BE SERVED.
SERVICE BY PERSONAL DELIVERY.
- At the election of the
plaintiff, process, other than a
subpoena, shall be served by a
sheriff or deputy sheriff, a
person licensed to make service
of process in civil cases, or a
person specially appointed for
that purpose. The court shall
freely make special appointments
to serve all process, other than
a subpoena, under this
paragraph.
- A summons to be served by
the sheriff or deputy sheriff
shall be delivered to the
sheriff by the court clerk or an
attorney of record for the
plaintiff. When a summons,
subpoena, or other process is to
be served by the sheriff or
deputy sheriff of another
county, the court clerk shall
mail it, together with his
voucher for the fees collected
for the service, to the sheriff
of that county. The sheriff
shall deposit the voucher in the
Sheriff's Service Fee Account
created pursuant to Section
514.1 of Title 19 of the
Oklahoma Statutes. The sheriff
or deputy sheriff shall serve
the process in the manner that
other process issued out of the
court of the sheriff's own
county is served. A summons to
be served by a person licensed
to make service of process in
civil cases or by a person
specially appointed for that
purpose shall be delivered by an
attorney of record for the
plaintiff to such person.
- Service shall be made as
follows:
- Upon an individual other
than an infant who is less
than fifteen (15) years of
age or an incompetent
person, by delivering a copy
of the summons and of the
petition personally or by
leaving copies thereof at
the person's dwelling house
or usual place of abode with
some person then residing
therein who is fifteen (15)
years of age or older or by
delivering a copy of the
summons and of the petition
to an agent authorized by
appointment or by law to
receive service of process;
- Upon an infant who is
less than fifteen (15) years
of age, by serving the
summons and petition
personally and upon either
of the infant's parents or
guardian, or if they cannot
be found, then upon the
person having the care or
control of the infant or
with whom the infant lives;
and upon an incompetent
person by serving the
summons and petition
personally and upon the
incompetent person's
guardian;
- Upon a domestic or
foreign corporation or upon
a partnership or other
unincorporated association
which is subject to suit
under a common name, by
delivering a copy of the
summons and of the petition
to an officer, a managing or
general agent, or to any
other agent authorized by
appointment or by law to
receive service of process
and, if the agent is one
authorized by statute to
receive service and the
statute so requires, by also
mailing a copy to the
defendant;
- Upon the United States
or an officer or agency
thereof in the manner
specified by Federal Rule of
Civil Procedure 4;
- Upon a state, county,
school district, public
trust or municipal
corporation or other
governmental organization
thereof subject to suit, by
delivering a copy of the
summons and of the petition
to the officer or individual
designated by specific
statute; however, if there
is no statute, then upon the
chief executive officer or a
clerk, secretary, or other
official whose duty it is to
maintain the official
records of the organization;
and
- Upon an inmate
incarcerated in an
institution under the
jurisdiction and control of
the Department of
Corrections, by delivering a
copy of the summons and of
the petition to the warden
or superintendent or the
designee of the warden or
superintendent of the
institution where the inmate
is housed. It shall be the
duty of the receiving warden
or superintendent or a
designee to promptly deliver
the summons and petition to
the inmate named therein.
The warden or superintendent
or his designee shall reject
service of process for any
inmate who is not actually
present in said institution.
SUMMONS AND PETITION.
The summons and petition shall be
served together. The plaintiff shall
furnish the person making service
with such copies as are necessary.
The failure to serve a copy of the
petition with the summons is not a
ground for dismissal for
insufficiency of service of process,
but on motion of the party served,
the court may extend the time to
answer or otherwise plead. If a
summons and petition are served by
personal delivery, the person
serving the summons shall state on
the copy that is left with the
person served the date that service
is made. This provision is not
jurisdictional, but if the failure
to comply with it prejudices the
party served, the court, on motion
of the party served, may extend the
time to answer or otherwise plead.
SUMMONS: TERRITORIAL LIMITS
OF EFFECTIVE SERVICE.
- Service of the summons and
petition may be made anywhere
within this state in the manner
provided by subsection C of this
section.
- When the exercise of
jurisdiction is authorized by
subsection F of this section,
service of the summons and
petition may be made outside
this state:
- by personal delivery in
the manner prescribed for
service within this state,
- in the manner prescribed
by the law of the place in
which the service is made
for service in that place in
an action in any of its
courts of general
jurisdiction,
- in the manner prescribed
by paragraph 2 of subsection
C of this section,
- as directed by the
foreign authority in
response to a letter
rogatory,
- in the manner prescribed
by paragraph 3 of subsection
C of this section only when
permitted by subparagraphs a
and b of paragraph 3 of
subsection C of this
section, or
- as directed by the
court.
- Proof of service outside
this state may be made in the
manner prescribed by subsection
G of this section, the order
pursuant to which the service is
made, or the law of the place in
which the service is made for
proof of service in an action in
any of its courts of general
jurisdiction.
- Service outside this state
may be made by an individual
permitted to make service of
process under the law of this
state or under the law of the
place in which the service is
made or who is designated to
make service by a court of this
state.
- When subsection C of this
section requires that in order
to effect service one or more
designated individuals be
served, service outside this
state under this section must be
made upon the designated
individual or individuals.
- (a) A court of this state
may order service upon any
person who is domiciled or can
be found within this state of
any document issued in
connection with a proceeding in
a tribunal outside this state.
The order may be made upon
application of any interested
person or in response to a
letter rogatory issued by a
tribunal outside this state and
shall direct the manner of
service.
(b) Service in connection with a
proceeding in a tribunal outside
this state may be made within
this state without an order of
court.
(c) Service under this paragraph
does not, of itself, require the
recognition or enforcement of an
order, judgment, or decree
rendered outside this state.
ASSERTION OF JURISDICTION.
A court of this state may
exercise jurisdiction on any basis
consistent with the Constitution of
this state and the Constitution of
the United States.
RETURN.
- The person serving the
process shall make proof of
service thereof to the court
promptly and in any event within
the time during which the person
served must respond to the
process, but the failure to make
proof of service does not affect
the validity of the service.
- When process has been served
by a sheriff or deputy sheriff
and return thereof is filed in
the office of the court clerk, a
copy of the return shall be sent
by the court clerk to the
plaintiff's attorney within
three (3) days after the return
is filed. If service is made by
a person other than a sheriff,
deputy sheriff, or licensed
process server, such person
shall make affidavit thereof.
The return shall set forth the
name of the person served and
the date, place, and method of
service.
- If service was by mail, the
person mailing the summons and
petition shall endorse on the
copy of the summons or order of
the court that is filed in the
action the date and place of
mailing and the date when
service was receipted or service
was rejected, and he shall
attach to the copy of the
summons or order a copy of the
return receipt or returned
envelope, if and when received
by him, showing whether the
mailing was accepted, refused,
or otherwise returned. If the
mailing was refused, the return
shall also show the date and
place of any subsequent mailing
pursuant to paragraph 2 of
subsection C of this section.
When the summons and petition
are mailed by the court clerk,
the court clerk shall notify the
plaintiff's attorney within
three (3) days after receipt of
the returned card or envelope
showing that the card or
envelope has been received.
AMENDMENT.
At any time in its discretion and
upon such terms as it deems just,
the court may allow any process or
proof of service thereof to be
amended, unless it clearly appears
that material prejudice would result
to the substantial rights of the
party against whom the process
issued.
§
12-2004.1 Subpoena
SUBPOENA; FORM; ISSUANCE.
- Every subpoena shall:
- state the name of the
court from which it is
issued and the title of the
action; and
- command each person to
whom it is directed to
attend and give testimony or
to produce and permit
inspection and copying of
designated books, documents
or tangible things in the
possession, custody or
control of that person, or
to permit inspection of
premises, at a time and
place therein specified. A
subpoena shall issue from
the court where the action
is pending, and it may be
served at any place within
the state. If the action is
pending outside of Oklahoma,
the district court for the
county in which the
deposition is to be taken
shall issue the subpoena.
Proof of service of a notice
to take deposition
constitutes a sufficient
authorization for the
issuance by the clerk of
subpoenas for the persons
named or described therein.
- A witness shall be obligated
upon service of a subpoena to
attend a trial or hearing at any
place within the state and to
attend a deposition or produce
or allow inspection of documents
at a location that is authorized
by subsection B of Section 3230
of this title.
- The clerk shall issue a
subpoena, or a subpoena for the
production of documentary
evidence, signed and sealed but
otherwise in blank, to a party
requesting it, who shall fill it
in before service. As an officer
of the court, an attorney
authorized to practice law in
Oklahoma may also issue and sign
a subpoena on behalf of an
Oklahoma state court.
SERVICE.
- Service of a subpoena upon a
person named therein shall be
made by delivering or mailing a
copy thereof to such person and,
if the person's attendance is
demanded, by tendering to him
the fees for one (1) day's
attendance and the mileage
allowed by law. Service of a
subpoena may be accomplished by
any person who is eighteen (18)
years of age or older. A copy of
any subpoena that commands
production of documents and
things or inspection of premises
before trial shall be served on
each party in the manner
prescribed by subsection B of
Section 2005 of this title. If
the subpoena commands production
of documents and things or
inspection of premises from a
nonparty before trial but does
not require attendance of a
witness, the subpoena shall
specify a date for the
production or inspection that is
at least seven (7) days after
the date that the subpoena and
copies of the subpoena are
served on the witness and all
parties, and the subpoena shall
include the following language:
"In order to allow objections to
the production of documents and
things to be filed, you should
not produce them until the date
specified in this subpoena, and
if an objection is filed, until
the court rules on the
objection."
- Service of a subpoena by
mail may be accomplished by
mailing a copy thereof by
certified mail with return
receipt requested and delivery
restricted to the person named
in the subpoena. The person
serving the subpoena shall make
proof of service thereof to the
court promptly and, in any
event, before the witness is
required to testify at the
hearing or trial. If service is
made by a person other than a
sheriff or deputy sheriff, such
person shall make affidavit
thereof. If service is by mail,
the person serving the subpoena
shall show in his proof of
service the date and place of
mailing and attach a copy of the
return receipt showing that the
mailing was accepted. Failure to
make proof of service does not
affect the validity of the
service, but service of a
subpoena by mail shall not be
effective if the mailing was not
accepted by the person named in
the subpoena. Costs of service
shall be allowed whether service
is made by the sheriff, his
deputy, or any other person.
When the subpoena is issued on
behalf of a state department,
board, commission, or
legislative committee, fees and
mileage shall be paid to the
witness at the conclusion of the
testimony out of funds
appropriated to the state
department, board, commission,
or legislative committee.
PROTECTION OF PERSONS SUBJECT
TO SUBPOENAS.
- A party or an attorney
responsible for the issuance and
service of a subpoena shall take
reasonable steps to avoid
imposing undue burden or expense
on a person subject to that
subpoena. The court on behalf of
which the subpoena was issued
shall enforce this duty and
impose upon the party or
attorney, or both, in breach of
this duty an appropriate
sanction, which may include, but
is not limited to, lost earnings
and a reasonable attorney's fee.
- (a) A person commanded to
produce and permit inspection
and copying of designated books,
papers, documents or tangible
things, or inspection of
premises need not appear in
person at the place of
production or inspection unless
commanded to appear for
deposition, hearing or trial.
(b) Subject to paragraph 2 of
subsection D of this section, a
person commanded to produce and
permit inspection and copying or
any party may, within fourteen
(14) days after service of the
subpoena or before the time
specified for compliance if such
time is less than fourteen (14)
days after service, serve
written objection to inspection
or copying of any or all of the
designated materials or of the
premises. If the objection is
made by the witness, the witness
shall serve the objection on all
parties; if objection is made by
a party, the party shall serve
the objection on the witness and
all other parties. If objection
is made, the party serving the
subpoena shall not be entitled
to inspect and copy the
materials or inspect the
premises except pursuant to an
order of the court by which the
subpoena was issued. If
objection has been made, the
party serving the subpoena may,
upon notice to the person
commanded to produce, move at
any time for an order to compel
the production. Such an order to
compel production shall protect
any person who is not a party or
an officer of a party from
significant expense resulting
from the inspection and copying
commanded.
- On timely motion, the court
by which a subpoena was issued
shall quash or modify the
subpoena if it:
- fails to allow
reasonable time for
compliance; or
- requires a person to
travel to a place beyond the
limits allowed under
paragraph 2 of subsection A
of this section; or
- requires disclosure of
privileged or other
protected matter and no
exception or waiver applies;
or
- subjects a person to
undue burden; or
- requires production of
books, papers, documents or
tangible things that fall
outside the scope of
discovery permitted by
Section 3226 of this title.
- If a subpoena:
- requires disclosure of a
trade secret or other
confidential research,
development, or commercial
information; or
- requires disclosure of
an unretained expert's
opinion or information not
describing specific events
or occurrences in dispute
and resulting from the
expert's study made not at
the request of any party,
the court may, to protect a
person subject to or
affected by the subpoena,
quash or modify the
subpoena. However, if the
party in whose behalf the
subpoena is issued shows a
substantial need for the
testimony or material that
cannot be otherwise met
without undue hardship and
assures that the person to
whom the subpoena is
addressed will be reasonably
compensated, the court may
order appearance or
production only upon
specified conditions.
DUTIES IN RESPONDING TO
SUBPOENA.
- A person responding to a
subpoena to produce documents
shall produce them as they are
kept in the usual course of
business or shall organize and
label them to correspond with
the categories in the demand.
- When information subject to
a subpoena is withheld on a
claim that it is privileged or
subject to protection as trial
preparation materials, the claim
shall be made expressly and
shall be supported by a
description of the nature of the
documents, communications, or
things not produced that is
sufficient to enable the
demanding party to contest the
claim.
CONTEMPT.
Failure by any person without
adequate excuse to obey a subpoena
served upon him may be deemed a
contempt of the court from which the
subpoena issued.
Added by Laws 1985, c. 277, §
4, eff. Nov. 1, 1985. Amended by
Laws 1993, c. 351, § 1, eff. Sept.
1, 1993; Laws 1994, c. 343, § 10,
eff. Sept. 1, 1994; Laws 1996, c.
61, § 2, eff. Nov. 1, 1996; Laws
1998, c. 374, § 2, eff. Nov. 1,
1998; Laws 1999, c. 293, § 19, eff.
Nov. 1, 1999.
§12-158.1. Licensure of Private
Process Server - Revocation - List
of Servers.
- Service and return of
process in civil cases may be by
an authorized licensed private
process server. The presiding
judge of the judicial
administrative district in which
the county is located, or an
associate district judge or
district judge of the county as
may be designated by the
presiding judge, shall be
authorized to issue a license to
make service of process in civil
cases to persons deemed
qualified to do so.
- Any person eighteen (18)
years of age or older, of good
moral character, and found
ethically and mentally fit may
obtain a license by filing an
application therefor with the
court clerk on a verified form
to be prescribed by the
Administrative Office of the
Courts.
- The applicant filing for a
license shall:
- Pay a license fee of
Thirty-five Dollars
($35.00), and the regular
docketing, posting, mailing,
and filing fees prescribed
by law. The license shall
contain the name, address, a
brief description of the
licensee, and, at the
discretion of the district
court clerk, a recent
photograph of the licensee.
The license shall state that
the licensee is an officer
of the court only for the
purpose of service of
process and only within the
county in which the license
is issued. The license shall
be carried by the licensee
while on duty as a private
process server. At the end
of one (1) calendar year
from the date of issuance of
the initial license, the
license shall be renewed for
a period of one (1) year.
The license shall be renewed
each succeeding year. A fee
of Five Dollars ($5.00)
shallbe charged for each
license renewal. Upon an
annual filing of a certified
copy of a license issued
pursuant to the provisions
of this paragraph and
payment of a filing fee of
Ten Dollars ($10.00) to the
court clerk of any county
within this state, a
licensed process server may
serve process in that county
for the district court
having jurisdiction for that
county; or
- Pay a license fee of One
Hundred Fifty Dollars
($150.00), and the regular
docketing, posting, mailing,
and filing fees prescribed
by law. The license shall
contain the name, address, a
brief description of the
licensee, and at the
discretion of the district
court clerk, a recent
photograph of the licensee.
The license shall state that
the licensee is an officer
of the court only for the
purpose of service of
process. The authority of
the licensee shall be
statewide. The license shall
be carried by the licensee
while on duty as a private
process server. At the end
of one (1) calendar year
from the date of issuance of
the initial license, the
license shall be renewed for
a period of three (3) years.
The license shall be renewed
each succeeding three (3)
years. A fee of Fifteen
Dollars ($15.00) per renewal
shall be charged for each
license renewal. All fees
collected pursuant to this
section shall be deposited
in the court fund.
- Upon the filing of an
application for a license, the
court clerk shall give five (5)
days' notice of hearing by
causing the notice to be posted
in the courthouse. A copy of the
notice shall be mailed to the
district attorney, the sheriff,
and the chief of police or
marshal in the county seat and
shall contain the name of the
applicant and the time and place
the presiding judge or the
associate district judge or
district judge designated by the
presiding judge will act upon
the application.
- If, at the time of
consideration of the application
or renewal, there are no
protests and the applicant
appears qualified, the
application for the license
shall be granted by the
presiding judge or such
associate district judge or
district judge as is designated
by the presiding judge and, upon
executing bond running to the
State of Oklahoma in the amount
of Five Thousand Dollars
($5,000.00) for faithful
performance of his or her duties
and filing the bond with the
court clerk, the applicant shall
be authorized and licensed to
serve civil process statewide.
- If any citizen of the county
files a written protest setting
forth objections to the
licensing of the applicant, the
district court clerk shall so
advise the presiding judge or
such associate district judge or
district judge as is designated
by the presiding judge, who
shall set a later date for
hearing of application and
protest. The hearing shall be
held within thirty (30) days and
after notice to all persons
known to be interested.
- Proof of service of process
shall be shown by affidavit as
provided for by subsection G of
Section 2004 of this title.
- The district attorney of the
county wherein a license
authorized under this act has
been issued may file a petition
in the district court to revoke
the license issued to any
licensee, as authorized pursuant
to the provisions of this
section, alleging the violation
by the licensee of any of the
provisions of the law. After at
least ten (10) days' notice by
certified mail to the licensee,
the chief or presiding judge,
sitting without jury, shall hear
the petition and enter an order
thereon. If the license is
revoked, the licensee shall not
be permitted to reapply for a
license for a period of five (5)
years from the date of
revocation. Notwithstanding any
other provisions of this
section, any licensee whose
license has been revoked one
time shall pay the sum of One
Thousand Dollars ($1,000.00) as
a renewal fee. If a second
revocation occurs, the chief or
presiding judge shall not allow
an applicant to renew the
license.
- The court clerk shall keep
posted at all times in his
office the list of licensed
private process servers. Any
person in need of a process
server's services may designate
one from the names on the list,
before presenting summons to the
court clerk for issuance,
without necessity for individual
judicial appointment.
Added by Laws 1976, c. 74, §
1, emerg. eff. April 29, 1976.
Amended by Laws 1978, c. 156, § 1,
emerg. eff. Oct. 1, 1978; Laws 1979,
c. 177, § 1, eff. Oct. 1, 1979; Laws
1984, c. 157, § 1, eff. Nov. 1,
1984; Laws 1985, c. 277, § 1, eff.
Nov. 1, 1985; Laws 1987, c. 83, § 1,
eff. Nov. 1, 1987; Laws 1998, c.
310, § 2, eff. Nov. 1, 1998.
Case Note:
A private process server
may serve process in any county in
the State of Oklahoma but his
authority is limited to serving
process issued by the court of the
county or counties that granted the
process server his license. Op.
Atty. Gen. No. 83-3 (April 6, 1983).
§12-158.2. Request of Server
Fees The process served by a
licensee, authorized herein, shall
be upon a request by the party or
person desiring to obtain the
services of said licensee. The fees
to be paid for the services shall be
agreed upon by them, and such fees
shall not be collected by, nor
handled through, the court clerk's
office.
Added by Laws 1976, c. 74, §
2, emerg. eff. April 29, 1976.
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are not meant to be legal advice or
a replacement for legal console.
Please consult a process server in
your area, county, or state if you
have any questions about process
service there.
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