Rule 23.Orders of Attachment

Rules for District Courts of Oklahoma · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceDetermines whether a judge or the court clerk has authority to issue an order of attachment, requiring an application, notice to the defendant, resolution of any objection, and any required bond before the clerk alone may issue it.

Full Text of Rule 23

Text sizeJump to: (a) (b) (c) (d)

The issuing authority for Orders of Attachment shall be determined as follows: A judge of the court in which the principal action is brought shall issue the Order of Attachment when:

a. There has been filed in the office of the court clerk an application therefore, meeting the requirements of 12 O.S. § 1152(1) and (2);

b. The defendant has been served with notice provided for in 12 O.S. § 1152(3), to gether with a copy of the above application;

c. Either the plaintiff prevails at a hearing held on defendant's written objection to the application for the order, or the court determines at a hearing that the defendant could not be given notice of the application for the order and at the hearing the plaintiff also proves the probable merits of his cause and the truth of the assertions in the application for the order, all as provided for in conformity with 12 O.S. § 1152(3), (4) and (5); and

d. The bond, if any, required by 12 O.S. § 1153, has been filed.

The clerk of the court in which the principal action is brought shall issue the Order of Attachment only when:

1. Steps (a), (b) and (d) above have been completed, and

2. The defendant, having been given notice as required by 12 O.S. § 1152(3), files no written objection as provided for by the statute.

Plain-English Summary

A judge issues an order of attachment under Rule 23 once an application meeting the statutory requirements is on file, the defendant has been served with notice and a copy of the application, the plaintiff either prevails at a hearing on the defendant's objection or proves the probable merits of the claim and the truth of the application where notice was not possible, and any required bond has been filed. The clerk of the court may issue the order instead, but only once those application, notice, and bond steps are complete and the defendant, having received notice, files no written objection. This mirrors Rule 22's structure for garnishee summonses.

Frequently Asked Questions

What has to happen before a judge will issue an order of attachment?

An application meeting the statutory requirements must be on file, the defendant must be served with notice and a copy of the application, the plaintiff must either prevail on the defendant's objection or prove probable merits where notice was not possible, and any required bond must be filed.

Can the court clerk issue an order of attachment without a judge's involvement?

Yes, but only if the application, notice, and bond steps are complete and the defendant, having received notice, files no written objection.

Is a bond always required for an order of attachment?

Rule 23 requires any bond that is required by statute to be filed before either the judge or the clerk issues the order.

Source & verification. Rule text is reproduced verbatim from the Rules for District Courts of Oklahoma, promulgated by the Supreme Court of Oklahoma as an appendix to Chapter 2 of Title 12 of the Oklahoma Statutes. Last verified August 3, 2026. · Official source

Also known as: oklahoma order of attachment ruleattachment bond oklahoma district courtrule 23 rules for district courts