If the writ be directed to any other person, it shall be delivered to the sheriff and shall be by him served by delivering to such person without delay.
§ 1336.Service On Party Other Than Sheriff
Chapter 23: Habeas Corpus · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1336 provides that when a habeas corpus writ is directed to someone other than the sheriff, the clerk delivers it to the sheriff, who then serves it on that person without delay.
Full Text of § 1336
Amendment History
R.L. 1910, § 4887.
Plain-English Summary
Not every habeas corpus writ names the sheriff as custodian. When it names someone else - a private individual, an institution's officer, or another party holding the detainee - Section 1336 routes the writ through the sheriff anyway.
The clerk delivers the writ to the sheriff, and the sheriff carries out service by delivering it to the named person without delay.
Frequently Asked Questions
Does the sheriff always handle service of a habeas corpus writ?
Yes, even when the writ names someone else as custodian, the sheriff still delivers it to that person.
How fast must service happen?
The statute requires the sheriff to serve it without delay.
What if that person can't be found?
Section 1337 provides an alternative method of service for that situation.
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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