The district court shall have power to vacate or modify its own judgments or orders within the times prescribed hereafter:
§ 1031.District Court - Power to Vacate Or Modify Its Judgments, When
Chapter 16: Trial Court Vacation and Modification of Judgments · Last amended November 1, 1999 · Last verified August 3, 2026
In one sentenceSection 1031 gives Oklahoma district courts power to vacate or modify their own judgments and orders on nine specified grounds, from granting a new trial to correcting clerical mistakes, fraud, a party's death before judgment, or errors against an infant or person of unsound mind.
Full Text of § 1031
1. By granting a new trial for the cause, within the time and in the manner prescribed in Sections 651 through 655 of this title;
2. As authorized in subsection C of Section 2004 of this title where the defendant had no actual notice of the pendency of the action at the time of the filing of the judgment or order;
3. For mistake, neglect, or omission of the clerk or irregularity in obtaining a judgment or order;
4. For fraud, practiced by the successful party, in obtaining a judgment or order;
5. For erroneous proceedings against an infant, or a person of unsound mind, where the condition of such defendant does not appear in the record, nor the error in the proceedings;
6. For the death of one of the parties before the judgment in the action;
7. For unavoidable casualty or misfortune, preventing the party from prosecuting or defending;
8. For errors in a judgment, shown by an infant in twelve (12) months after arriving at full age, as prescribed in Section 700 of this title; or
9. For taking judgments upon warrants of attorney for more than was due to the plaintiff, when the defendant was not summoned or otherwise legally notified of the time and place of taking such judgment.
Amendment History
R.L. 1910, § 5267; Amended by Laws 1969, SB 17, c. 304, §3, emerg. eff. 4/28/1969; Amended by Laws 1999, SB 751, c. 293, §9, eff. 11/1/1999.
Plain-English Summary
This section is the anchor for Chapter 16. It lists nine grounds on which a district court may vacate or modify its own judgment or order: granting a new trial under Sections 651 through 655; relief under Section 2004(C) where the defendant had no actual notice of the action; mistake, neglect, or omission of the clerk, or irregularity in obtaining the judgment; fraud by the successful party; erroneous proceedings against an infant or person of unsound mind whose condition doesn't appear in the record; the death of a party before judgment; unavoidable casualty or misfortune that kept a party from prosecuting or defending; errors shown by an infant within twelve months of reaching full age, as Section 700 prescribes; and judgments on warrants of attorney for more than was due, taken without the defendant being summoned or otherwise legally notified.
The sections that follow work out the mechanics for each: Section 1032 covers proceedings by motion for clerk mistakes, Section 1033 covers proceedings by petition for the other grounds once thirty days have passed, and Section 1038 sets the time limits for bringing each type of claim.
Frequently Asked Questions
On what grounds can an Oklahoma district court vacate its own judgment?
The nine grounds Section 1031 lists, including a new trial, clerk mistakes, fraud by the winning party, a party's death before judgment, unavoidable casualty, and judgments taken on warrants of attorney for more than was due.
Can a judgment be vacated because a party died before it was entered?
Yes, the death of one of the parties before the judgment is one of the nine grounds listed.
What if a default judgment was entered against a defendant who never got actual notice of the lawsuit?
Paragraph 2 covers that ground, pointing to the relief authorized under subsection C of Section 2004.
How much time does a party have to bring one of these vacation grounds?
Section 1038 sets specific time limits that vary by which ground applies.
Does this section itself explain the procedure for vacating a judgment?
No. Sections 1032 and 1033 supply the procedure -- by motion for clerk mistakes, by petition and summons for the other grounds after thirty days have passed.
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
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