A. A court may correct, open, modify or vacate a judgment, decree, or appealable order on its own initiative not later than thirty (30) days after the judgment, decree, or appealable order prepared in conformance with Section 696.3 of this title has been filed with the court clerk. Notice of the court's action shall be given as directed by the court to all affected parties.
§ 1031.1.Authorization to Correct, Open, Modify Or Vacate Judgments - Time - Notice
Chapter 16: Trial Court Vacation and Modification of Judgments · Last amended November 1, 2013 · Last verified August 3, 2026
In one sentenceSection 1031.1 lets a court correct, open, modify, or vacate a judgment on its own or on motion within thirty days after filing, requires the Section 1033 petition procedure once that window closes, and limits attorney-fee awards in a vacation action to a party who prevails on the merits.
Full Text of § 1031.1
B. On motion of a party made not later than thirty (30) days after a judgment, decree, or appealable order prepared in conformance with Section 696.3 of this title has been filed with the court clerk, the court may correct, open, modify, or vacate the judgment, decree, or appealable order. If the moving party did not prepare the judgment, decree, or appealable order, and Section 696.2 of this title required a copy of the judgment, decree, or appealable order to be mailed to the moving party, and the court records do not reflect the mailing of a copy of the judgment, decree, or appealable order to the moving party within three (3) days, exclusive of weekends and holidays, after the filing of the judgment, decree, or appealable order, the motion to correct, open, modify, or vacate the judgment, decree, or appealable order may be filed no later than thirty (30) days after the earliest date on which the court records show that a copy of the judgment, decree, or appealable order was mailed to the moving party. The moving party shall give notice to all affected parties. A motion to correct, open, modify, or vacate a judgment or decree filed after the announcement of the decision on all issues in the case but before the filing of the judgment or decree shall be deemed filed immediately after the filing of the judgment or decree.
C. If more than thirty (30) days have passed since the filing of a judgment, decree, or appealable order, proceedings to vacate or modify the judgment, decree, or appealable order shall be by petition in conformance with Section 1033 of this title unless approved by all parties who have entered an appearance in the lawsuit.
D. The party that prevails in an action to vacate any judgment, decree or appealable order shall only be considered the prevailing party for the purpose of the award of costs, to include a reasonable attorney fee, if such party prevails on the merits in the underlying action.
Amendment History
Amended by Laws 2013, c. 18, s. 1, eff. 11/1/2013. Laws 1969, SB 17, c. 304, § 1, emerg. eff. 4/28/1969; Amended by Laws 1990, SB 881, c. 251, § 15, eff. 1/1/1991; Amended by Laws 1991, SB 24, c. 251, § 19, emerg. eff. 6/1/1991; Amended by Laws 1993, HB 1468, c. 351, §25, eff. 10/1/1993; Amended by Laws 1994, SB 1076, c. 343, § 6, eff. 9/1/1994; Amended by Laws 1997, HB 1778, c. 102, §9, emerg. eff. 5/1/1997; Amended by Laws 1999, SB 751, c. 293, §10, eff. 11/1/1999.
Plain-English Summary
Subsection A lets the court act on its own, correcting, opening, modifying, or vacating a judgment, decree, or appealable order within thirty days after it's been filed with the court clerk, giving notice of its action to affected parties.
Subsection B gives a party the same thirty-day window to move for the same relief. If the moving party didn't prepare the judgment and the court records don't show a copy was mailed within three days (excluding weekends and holidays) as Section 696.2 requires, the deadline instead runs thirty days from the date the records show the judgment was mailed. A motion filed after the court announces its decision but before the judgment is filed is treated as filed immediately after the judgment.
Subsection C pushes proceedings outside that thirty-day window into the petition procedure under Section 1033, unless every party who has entered an appearance agrees otherwise. Subsection D limits who counts as the "prevailing party" for a fee award in a vacation action: a party who wins the fight to vacate the judgment is entitled to costs and attorney fees only if that party also wins on the merits of the underlying case.
Frequently Asked Questions
How long does a court have to correct its own judgment without a motion from either party?
Thirty days after the judgment, decree, or appealable order is filed with the court clerk.
What if I never received a copy of the judgment against me?
If the record doesn't show a copy was mailed to you within three days as required, your thirty-day deadline to move instead runs from the date the record shows a copy was mailed.
What happens after the thirty-day window closes?
Proceedings to vacate or modify the judgment must go through the petition procedure in Section 1033, unless every appearing party agrees to skip it.
If I win a motion to vacate a judgment, do I automatically get attorney fees?
Not just for winning the vacation fight. Subsection D says you're the "prevailing party" for a fee award only if you also prevail on the merits of the underlying action.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: 30 days to vacate judgment oklahoma12 O.S. § 1031.1correcting judgment court clerk oklahomaattorney fee prevailing party vacate judgment oklahoma