In all actions for the recovery of real property one trial only shall be granted as a matter of right, but the party against whom the judgment is rendered may secure a new trial in the same manner and for the same reasons as new trials are awarded in other civil cases.
§ 1146.New Trial In Action to Recover Real Property
Chapter 20: Actions Regarding Real Property · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1146 limits a party in a real property recovery action to one trial as a matter of right, though the losing party can still seek a new trial under the same standards that apply in other civil cases.
Full Text of § 1146
Amendment History
R.L. 1910, § 4932.
Plain-English Summary
Older Oklahoma procedure sometimes allowed a losing party in a real property action to demand a second trial automatically. This section forecloses that: only one trial is guaranteed as a matter of right. But it doesn't leave the losing party without options -- that party can still move for a new trial for the same reasons, and in the same manner, available in any other civil case.
Frequently Asked Questions
Can a party automatically get a second trial in a real property recovery case?
No. Section 1146 guarantees only one trial as a matter of right.
Is a new trial ever available after that?
Yes, the party against whom judgment was rendered may still seek a new trial, using the same procedures and grounds available in other civil cases.
Does this section treat real property cases differently from other civil actions?
Only in denying an automatic second trial; once that's ruled out, the ordinary new-trial standards for civil cases apply equally.
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: new trial ejectment action oklahomaone trial as a matter of right oklahoma12 O.S. § 1146motion for new trial real property oklahoma