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§ 1148.4.Issuance and Return of Summons - Content - Amending Pleading to Conform to Evidence

Chapter 20: Actions Regarding Real Property · Last amended October 1, 1980 · Last verified August 3, 2026

In one sentenceSection 1148.4 requires the summons in a forcible entry and detainer case to set a trial date between five and ten days after issuance, spell out the claim, endorse the relief sought and default-judgment amount, and allows pleadings to be amended to conform to the evidence.

Full Text of § 1148.4

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The summons shall be issued and returned as in other cases, except that it shall command the sheriff, or other person serving it, to summon the defendant to appear for trial at the time and place specified therein, which time shall be not less than five (5) days nor more than ten (10) days from the date that the summons is issued. The summons shall apprise the defendant of the nature of the claim that is being asserted against him; and there shall be endorsed upon the summons the relief sought and the amount for which the plaintiff will take judgment if the defendant fails to appear. In all cases, pleadings may be amended to conform to the evidence.

Amendment History

Laws 1968, SB 537, c. 172, § 4; Amended by Laws 1969, SB 24, c. 136, § 1, emerg. eff. 4/9/1969; Amended by Laws 1980, HB 1725, c. 63, § 1, eff. 10/1/1980.

Plain-English Summary

The summons in this kind of case follows the general rules with one key difference: it commands the sheriff or process server to summon the defendant to a trial date that must fall no sooner than five days and no later than ten days after the summons issues. The summons also has to apprise the defendant of the nature of the claim, and it must be endorsed with the relief the plaintiff seeks and the amount the plaintiff will take judgment for if the defendant fails to appear.

The section closes with a broader trial rule: pleadings may be amended to conform to the evidence in all cases under this act.

Frequently Asked Questions

How soon must the trial date be after the summons is issued?

Not less than five days nor more than ten days from the date the summons is issued.

What information does the summons have to give the defendant?

The nature of the claim being asserted, along with an endorsement of the relief sought and the amount for which the plaintiff will take judgment if the defendant doesn't appear.

Can the pleadings be changed to match what comes out at trial?

Yes. Section 1148.4 allows pleadings to be amended to conform to the evidence in all cases under this act.

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: forcible entry detainer summons oklahomaeviction trial date five to ten days oklahoma12 O.S. § 1148.4default judgment amount summons oklahoma