The plaintiff may, within twenty-four (24) hours from the time the undertaking referred to in Section 1577 of this title is given by the defendant, give notice as hereinafter required that he excepts to the sufficiency of the sureties. In the event plaintiff excepts to the sufficiency of the defendant's sureties, said plaintiff will file written exceptions and notice in the district court in the case involved, and the court shall set a day for hearing said exceptions, provided, however, after notice of plaintiff's exceptions have been given to the defendant, he shall have five (5) days within which to except to the sufficiency of plaintiff's sureties on the undertaking required of the plaintiff by Section 1573 above, and if a hearing is held on the exception by either party, the bonds of both shall be subject to scrutiny and a decision made upon each by the district court at the same hearing. If plaintiff or defendant fails to except, he shall be deemed to have waived all objections to the sufficiency of the sureties involved. If either party excepts, the sureties must justify, upon notice, as bail in criminal cases.
§ 1578.Exception to Sureties
Chapter 31: Replevin · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceGives a plaintiff twenty-four hours after the defendant posts a redelivery bond to challenge the defendant's sureties, gives the defendant five days to challenge the plaintiff's sureties in turn, and requires challenged sureties to justify themselves as bail sureties do in criminal cases.
Full Text of § 1578
Amendment History
R.L. 1910, § 4806.
Plain-English Summary
Section 1578 lets each side test the other's bond. The plaintiff has twenty-four hours after the defendant posts the Section 1577 undertaking to file written exceptions challenging the sufficiency of the defendant's sureties, and the court sets a hearing date on those exceptions. Once the defendant gets notice of the plaintiff's exceptions, the defendant then has five days to challenge the sufficiency of the plaintiff's own sureties on the Section 1573 undertaking.
If a hearing is held on either party's exceptions, the court scrutinizes both bonds at the same hearing. A party who doesn't except within the applicable window waives any objection to the sureties involved. If either side does except, the challenged sureties must justify themselves the same way bail sureties do in criminal cases.
Frequently Asked Questions
How long does the plaintiff have to challenge the defendant's sureties?
Twenty-four hours from when the defendant gives the redelivery undertaking under Section 1577.
Can the defendant challenge the plaintiff's sureties too?
Yes. Once notified of the plaintiff's exceptions, the defendant has five days to except to the sufficiency of the plaintiff's sureties.
What happens if neither side objects to the sureties?
Failing to except within the applicable window is treated as a waiver of any objection to the sureties involved.
What do challenged sureties have to do at the hearing?
Justify themselves upon notice, the same way sureties justify as bail in criminal cases.
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: challenge replevin bond sureties oklahoma12 O.S. § 1578excepting to sufficiency of sureties replevinsureties justify like criminal bail replevin