The order shall not be issued until there has been executed by one or more sufficient sureties of the plaintiff, to be approved by the clerk, an undertaking in not less than double the value of the property as stated in the petition to the effect that the plaintiff shall duly prosecute the action, and pay all costs and damages which may be awarded against him, including attorney's fees and, if the property be delivered to him, that he will return the same to the defendant if a return be adjudged; provided, that where the State of Oklahoma is party plaintiff, an undertaking in replevin shall not be required of the plaintiff, but a writ shall issue upon petition duly filed as provided by law. The undertaking shall be filed with the clerk of the court.
§ 1573.Undertaking In Replevin
Chapter 31: Replevin · Last amended May 30, 1977 · Last verified August 3, 2026
In one sentenceRequires a plaintiff to post a clerk-approved bond worth at least double the property's stated value before an order of delivery can issue, promising to prosecute the action, pay costs and damages, and return the property if ordered, though the state is exempt from posting a bond as plaintiff.
Full Text of § 1573
Amendment History
R.L. 1910, § 4800; Amended by Laws 1923, SB 194, c. 75, p. 141, § 1; Amended by Laws 1976, SB 460, c. 71, §2, emerg. eff. 4/26/1976; Amended by Laws 1977, SB 157, c. 96, §1, emerg. eff. 5/30/1977.
Plain-English Summary
Section 1573 is replevin's price of admission for the plaintiff. Before an order of delivery can issue, one or more sureties for the plaintiff, approved by the clerk, must execute an undertaking worth at least double the property's value as stated in the petition. That bond promises the plaintiff will prosecute the case, pay any costs and damages awarded against them, including attorney's fees, and return the property if a return is later adjudged.
The State of Oklahoma gets an exception: when the state is the plaintiff, no bond is required, and a writ issues on a properly filed petition alone. The undertaking, when required, is filed with the clerk of the court.
Frequently Asked Questions
How big does a replevin bond have to be in Oklahoma?
Not less than double the value of the property as stated in the petition.
What does the plaintiff's bond promise?
That the plaintiff will duly prosecute the action, pay all costs and damages awarded against them, including attorney's fees, and return the property to the defendant if a return is adjudged.
Does the State of Oklahoma have to post a replevin bond?
No. The statute exempts the state as plaintiff from the undertaking requirement; a writ issues on a properly filed petition instead.
Who approves the plaintiff's sureties?
The clerk approves the sureties on the plaintiff's undertaking.
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: replevin bond amount oklahoma12 O.S. § 1573plaintiff's undertaking requirement replevinstate exempt from replevin bond oklahoma