Proceedings to vacate or modify a judgment, decree or order, for the causes mentioned in paragraphs 4, 5 and 7 of Section 1031 of this title must be commenced within two (2) years after the filing of the judgment, decree or order, unless the party entitled thereto be an infant, or a person of unsound mind and then within two (2) years after removal of such disability. Proceedings for the causes mentioned in paragraphs 3 and 6 of Section 1031 of this title, shall be within three (3) years, and in paragraph 9 of Section 1031 of this title, within one (1) year after the defendant has notice of the judgment, decree or order. A void judgment, decree or order may be vacated at any time, on motion of a party, or any person affected thereby.
§ 1038.Limitations
Chapter 16: Trial Court Vacation and Modification of Judgments · Last amended October 1, 1993 · Last verified August 3, 2026
In one sentenceSection 1038 sets the deadlines for proceedings to vacate or modify a judgment under Section 1031's grounds -- generally two or three years, or one year from notice for excessive warrant-of-attorney judgments -- while allowing a void judgment to be vacated at any time.
Full Text of § 1038
Amendment History
R.L. 1910, § 5274; Amended by Laws 1990, SB 881, c. 251, §17, eff. 1/1/1991; Amended by Laws 1991, SB 24, c. 251, §20, emerg. eff. 6/1/1991; Amended by Laws 1993, HB 1468, c. 351, §27, eff. 10/1/1993.
Plain-English Summary
This section times out the grounds Section 1031 lists. Proceedings for fraud, erroneous proceedings against an infant or incompetent defendant, or unavoidable casualty (paragraphs 4, 5, and 7) must start within two years of the judgment's filing, extended to two years after an infant or incompetent party's disability is removed. Proceedings for clerk mistakes and a party's death before judgment (paragraphs 3 and 6) get three years. Proceedings over a judgment taken on a warrant of attorney for more than was due (paragraph 9) must start within one year after the defendant has notice of the judgment.
One category escapes the clock entirely: a void judgment, decree, or order may be vacated at any time, on motion of a party or anyone affected by it.
Frequently Asked Questions
How long do I have to challenge a judgment for fraud in Oklahoma?
Two years after the judgment, decree, or order is filed, or two years after an infant or incompetent party's disability is removed.
What's the deadline for challenging a clerk's mistake in obtaining a judgment?
Three years, the same period that applies to a challenge based on a party's death before judgment.
Is there a deadline to challenge a void judgment?
No. Section 1038 says a void judgment, decree, or order may be vacated at any time, on motion of a party or any person affected by it.
What's the time limit for challenging an excessive judgment on a warrant of attorney?
One year after the defendant has notice of the judgment, decree, or order.
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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