If the person to whom such writ is directed cannot be found, or shall refuse admittance to the sheriff, the same may be served by leaving it at the residence of the person to whom it is directed, or by affixing the same on some conspicuous place, either of his dwelling house or where the party is confined under restraint.
§ 1337.Service When Person Not Found Or Refuses Admittance
Chapter 23: Habeas Corpus · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1337 lets a sheriff serve a habeas corpus writ by leaving it at the custodian's residence or posting it in a conspicuous place at the dwelling or place of confinement when the custodian can't be found or refuses to let the sheriff in.
Full Text of § 1337
Amendment History
R.L. 1910, § 4888.
Plain-English Summary
Section 1337 deals with a custodian who dodges service. If the sheriff can't locate the person named in the writ, or that person refuses to let the sheriff in, the sheriff doesn't have to keep trying indefinitely.
The sheriff can leave the writ at the person's residence, or post it in a conspicuous spot - either at the custodian's home or at the place where the detained person is confined.
Frequently Asked Questions
What if the sheriff can't find the person holding the detainee?
The sheriff may leave the writ at that person's residence or post it in a conspicuous place.
What if the custodian refuses to open the door?
The same alternative service methods apply - leaving the writ at the residence or posting it conspicuously.
Where can the sheriff post the writ?
Either at the custodian's dwelling house or at the place where the restrained party is confined.
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: substitute service habeas corpus writposting habeas corpus writ oklahomasheriff can't find custodian habeas corpus