The party seeking to vacate or modify a judgment or order, may obtain an order suspending proceedings on the whole or part thereof; which order may be granted by the court, or any judge thereof, upon its being rendered probable, by affidavit, or by exhibition of the record, that the party is entitled to have such judgment or order vacated or modified. On the granting of any such order, the court, or judge, may require the party obtaining any such order to enter into an undertaking to the adverse party to pay all damages that may be caused by granting of the same.
§ 1036.Suspending Proceedings - Bond
Chapter 16: Trial Court Vacation and Modification of Judgments · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1036 lets a party seeking to vacate or modify a judgment obtain an order suspending enforcement proceedings, on a probable showing by affidavit or the record, and lets the court require an undertaking to cover damages caused by the suspension.
Full Text of § 1036
Amendment History
R.L. 1910, § 5272.
Plain-English Summary
Filing to vacate or modify a judgment doesn't by itself stop enforcement. This section lets the party seeking that relief ask the court, or any judge of it, for an order suspending proceedings on the judgment, in whole or in part. The court grants that order once it's made probable -- by affidavit or by the record itself -- that the party is entitled to have the judgment vacated or modified. Granting the order can come with a price: the court may require the party who obtained it to post an undertaking to the adverse party, covering any damages the suspension causes.
Frequently Asked Questions
Can I stop enforcement of a judgment while I'm trying to get it vacated?
Yes. Section 1036 lets you ask the court for an order suspending proceedings on the judgment, based on a probable showing by affidavit or the record.
Does the court have to require a bond before suspending proceedings?
Not automatically, but the court may require the party obtaining the suspension order to enter into an undertaking to cover damages the suspension causes the other side.
What does "probable" mean here?
The statute requires the order be rendered probable, by affidavit or by exhibition of the record, that the party is entitled to have the judgment vacated or modified -- not a final determination on the merits.
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: stay enforcement of judgment while vacating oklahomasuspending proceedings bond oklahoma12 O.S. § 1036