Oklahoma procedural guides

Plain-English guides to the Oklahoma Code of Civil Procedure, each one tied to the rules it relies on. Every rule named in a guide has its own page with the official text.

• Responding to an Oklahoma petition: 20 days, and the extension that costs you defensesOklahoma § 2012 gives 20 days after service of the summons and petition to answer — and offers a 20-day reservation of time that waives six of the defenses listed in the same section.
• The Oklahoma motion for new trial: ten days, nine grounds, and a fallback if nobody mailed you the judgmentOklahoma gives ten days from the filing of a conforming judgment to move for a new trial — with a separate ten-day clock if the court records don't show the judgment was mailed to you.
• The Oklahoma motion to compel: a statute, and fees run both waysOklahoma's discovery sanctions provision is 12 O.S. § 3237, which requires a good faith certification and makes an expense award mandatory whichever way the motion goes.
• The Oklahoma motion to dismiss: ten grounds, and capacity counts twiceOklahoma's 12 O.S. § 2012(B) lists ten defenses — more than any state but Missouri — including separate grounds for lack of capacity to sue and to be sued.
• Oklahoma summary judgment: twenty days, and the court narrows what it cannot decideOklahoma's 12 O.S. § 2056 lets a claimant move 20 days after commencement and directs the court to determine which material facts are not genuinely at issue when the motion fails.
• Oklahoma wage garnishment: a 180-day lien, and five days to claim an exemptionOklahoma's continuing earnings garnishment creates a lien on wages for 180 days under 12 O.S. § 1173.4, and § 1174 gives the debtor five days from receipt of notice to file a claim of exemption.
• Oklahoma injunctions: two words on the summons can be the orderOklahoma allows an injunction allowed at the start of a case to be issued by endorsing "Injunction allowed" on the summons, and binds the enjoined party only once notice is given and the undertaking is executed.
• Oklahoma requests for admission: the clock does not start until the answer is filedOklahoma's thirty-day period for responding to requests for admission does not begin until an answer to the petition is filed, and caps each party at thirty requests absent a stipulation or court order.
• Oklahoma subpoenas: the subpoena has to tell the custodian not to produce yetOklahoma requires a records-only subpoena to a non-party to set a production date at least seven days out and to carry prescribed language telling the recipient to hold the documents until objections are resolved.

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