If the motion be made upon affidavits, on the part of the defendant, or papers and evidence in the case, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence, in addition to that on which the order of attachment was made.
§ 1242.Affidavits and Evidence In Opposition to Motion
Chapter 21: Garnishment and Attachment · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1242 lets the plaintiff respond to a defendant's motion to discharge an attachment, when it's based on affidavits or the case record, with his own affidavits or evidence beyond what supported the original attachment order.
Full Text of § 1242
Amendment History
R.L. 1910, § 4863.
Plain-English Summary
Where a defendant's motion to discharge an attachment rests on affidavits, or on papers and evidence already in the case, the plaintiff isn't limited to the material that got the attachment order in the first place. He may oppose the motion with affidavits or other evidence of his own, on top of whatever supported the original order.
Frequently Asked Questions
If the defendant's motion to discharge is based on affidavits, can the plaintiff fight back?
Yes -- the plaintiff may oppose it with affidavits or other evidence.
Is the plaintiff limited to the evidence that got the attachment order issued in the first place?
No -- he can bring additional affidavits or evidence beyond what supported the original order.
Does this apply no matter what the defendant's motion is based on?
The statute ties it to a motion made on affidavits, or on papers and evidence already in the case.
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: opposing a motion to discharge attachment oklahomaplaintiff affidavits at attachment hearing12 O.S. § 1242