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§ 1037.Suspension Where Judgment Given Prematurely

Chapter 16: Trial Court Vacation and Modification of Judgments · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 1037 allows a suspension of proceedings under Section 1036 even without a valid defense shown, when the judgment was rendered before the action stood for trial, and directs the court to preserve the defendant's delay rights as if the judgment had been entered at the proper time.

Full Text of § 1037

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When the judgment was rendered before the action stood for trial, the suspension may be granted, as provided in the last section, although no valid defense to the action is shown; and the court shall make such orders, concerning the executions to be issued on the judgment as shall give to the defendant the same rights of delay he would have had if the judgment had been rendered at the proper time.

Amendment History

R.L. 1910, § 5273.

Plain-English Summary

This section covers a judgment entered prematurely, before the action stood ready for trial. In that situation, a party can still get a suspension of proceedings under Section 1036, even without showing a valid defense to the action. The court then orders whatever's needed regarding execution on the judgment so the defendant keeps the same rights of delay that would have existed had the judgment been rendered at the proper time.

Frequently Asked Questions

What if a judgment was entered before my case was ready for trial?

Section 1037 lets you get a suspension of proceedings even without showing a valid defense, and the court preserves your normal delay rights as if the judgment had come at the right time.

Do I need to show a defense to the action to get this type of suspension?

No. The section specifically allows the suspension "although no valid defense to the action is shown."

How does this section relate to Section 1036?

It's an extension of Section 1036's suspension procedure for the specific case of a prematurely rendered judgment.

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: judgment rendered before trial oklahoma12 O.S. § 1037premature judgment suspension oklahoma