If more than thirty (30) days after a judgment, decree, or appealable order has been filed, proceedings to vacate or modify the judgment, decree, or appealable order, on the grounds mentioned in paragraphs 2, 4, 5, 6, 7, 8, and 9 of Section 1031 of this title, shall be by petition, verified by affidavit, setting forth the judgment, decree, or appealable order, the grounds to vacate or modify it, and the defense to the action, if the party applying was defendant. On this petition, a summons shall issue and be served as in the commencement of a civil action.
§ 1033.Proceedings By Petition, When - Summons
Chapter 16: Trial Court Vacation and Modification of Judgments · Last amended November 1, 1999 · Last verified August 3, 2026
In one sentenceSection 1033 requires that, once more than thirty days have passed since a judgment, decree, or appealable order was filed, proceedings to vacate or modify it on most of Section 1031's grounds go forward by a verified petition and summons, just as a new civil action would commence.
Full Text of § 1033
Amendment History
R.L. 1910, §5269; Amended by Laws 1999, SB 751, c. 293, §11, eff. 11/1/1999.
Plain-English Summary
This section supplies the procedure Section 1031.1 and Section 1038 point to once the initial thirty-day window has closed. The party seeking to vacate or modify a judgment, decree, or appealable order on any of the grounds in paragraphs 2, 4, 5, 6, 7, 8, or 9 of Section 1031 must file a verified petition setting out the judgment, the grounds for vacating or modifying it, and, if the party applying was the original defendant, the defense to the action. A summons then issues and is served just as it would be to commence a new civil action.
Frequently Asked Questions
What do I file to vacate a judgment more than thirty days after it was entered?
A petition, verified by affidavit, setting out the judgment, the grounds to vacate or modify it, and, if you were the defendant, your defense to the action.
Does a new summons have to be served for this type of petition?
Yes. The statute requires a summons to issue and be served just as in the commencement of a civil action.
Does this procedure apply to every ground listed in Section 1031?
It applies to the grounds in paragraphs 2, 4, 5, 6, 7, 8, and 9 of Section 1031 -- not the new-trial ground in paragraph 1 or the clerk-mistake ground in paragraph 3, which have their own procedures.
What must a defendant applying under this section include in the petition?
The defense to the action, in addition to the judgment and the grounds for vacating or modifying it.
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: petition to vacate judgment after 30 days oklahoma12 O.S. § 1033verified petition vacate judgment oklahomasummons to vacate judgment oklahoma