The court or judge, if satisfied with the truth of the allegation of sickness or infirmity, may proceed to decide on the return, or the hearing may be adjourned until the party can be produced, or for other good cause. The plaintiff may except to the sufficiency of, or controvert the return or any part thereof, or allege any new matter in avoidance; the new matter shall be verified, except in cases of commitment on a criminal charge; the return and pleadings may be amended without causing any delay.
§ 1340.Proceedings In Case of Allegation of Sickness Or Imfirmity - Exceptions to Return - Controverting - New Matter - Amendments
Chapter 23: Habeas Corpus · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1340 lets a court decide a habeas corpus case on the return or adjourn the hearing when sickness or infirmity is alleged, and lets the plaintiff except to, controvert, or answer the return with new matter, which must be verified except in criminal commitment cases.
Full Text of § 1340
Amendment History
R.L. 1910, § 4891.
Plain-English Summary
Section 1340 picks up where the sickness-or-infirmity excuse in Section 1339 leaves off. If the court is satisfied that excuse is true, it can decide the case based on the written return alone, or adjourn the hearing until the person can be produced, or for other good cause.
The statute also gives the plaintiff tools to challenge what the custodian filed. The plaintiff may except to the return's sufficiency, controvert it, or allege new matter to avoid its effect. That new matter generally must be verified, though verification isn't required when the commitment stems from a criminal charge. The return and the pleadings can be amended without causing delay.
Frequently Asked Questions
What happens if the custodian claims the detained person is too sick to appear?
If the court believes that allegation, it can rule on the papers alone or adjourn the hearing until the person can be produced.
Can the plaintiff dispute what the custodian's return says?
Yes - the plaintiff may except to its sufficiency, controvert it, or allege new matter in avoidance.
Does new matter raised by the plaintiff always need to be verified?
No. Verification isn't required when the case involves a commitment on a criminal charge.
Can the pleadings be amended during the case?
Yes, and the statute says amendments shouldn't cause delay.
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: habeas corpus sickness excusecontroverting habeas corpus returnamending habeas corpus pleadings oklahoma