When the court orders the transfer of a case upon a showing by a party that the venue is or should be in some other county, the clerk of the court shall prepare a transcript of all the papers filed, orders entered, and a bill of the costs accrued. The clerk shall collect a new filing fee and shall forthwith transmit by certified mail such files and transcript of the cause and the filing fee which shall be due to the clerk of the court to which transfer is ordered. Unless otherwise ordered by the court, the plaintiff shall be responsible for appropriate filing fees when a case is brought in the wrong venue and transferred to a court having proper venue. In all other instances, the moving party shall be responsible for fees. The fees for the transfer shall be paid within ten (10) days of the transfer order.
§ 140.1.Transfer of Case to Other County
Chapter 5: Venue · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 140.1 spells out the mechanics of transferring a case to another county, the clerk's transcript and certified-mail transmittal, a new filing fee, and assigns responsibility for that fee, generally to the plaintiff who filed in the wrong county, within ten days of the transfer order.
Full Text of § 140.1
Amendment History
Addedd by Laws 2007, SB 634, c. 12, §1, eff. 11/1/2007.
Plain-English Summary
Once a court orders a case transferred to another county for improper venue, the clerk of the sending court prepares a transcript of all filed papers and orders, along with a bill of accrued costs, collects a new filing fee, and sends the files, transcript, and fee by certified mail to the clerk of the receiving court.
The section also assigns who pays: if the case was filed in the wrong venue and transferred to the proper one, the plaintiff is responsible for the new filing fee, unless the court orders otherwise. In every other situation, the party who moved for the transfer pays. Either way, the fees are due within ten days of the transfer order.
Frequently Asked Questions
What does the clerk have to do when a court orders a venue transfer?
Prepare a transcript of all filed papers and orders, a bill of accrued costs, collect a new filing fee, and send the files, transcript, and fee by certified mail to the clerk of the receiving court.
Who pays the new filing fee when a case is transferred?
The plaintiff, if the case was filed in the wrong venue and transferred to where it should have been; in every other situation, the party who moved for the transfer pays.
How quickly must the transfer fees be paid?
Within ten days of the transfer order, unless the court orders otherwise.
Does this section decide whether venue should be changed?
No, it governs what happens administratively after a court has already ordered the transfer under a section like § 140 or § 140.3.
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: Oklahoma venue transfer feeshow to transfer a case to another county Oklahoma12 O.S. § 140.1clerk transcript venue transfer Oklahoma