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§ 1583.Compelling Delivery By Attachment - Examination of Party

Chapter 31: Replevin · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceLets a court or judge, for good cause and before or after judgment, compel delivery of replevied property through attachment and examine either party about their possession or control of it, in aid of the replevin procedures set out elsewhere in the article.

Full Text of § 1583

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In an action to recover the possession of specific personal property, the court, or judge in vacation, may for good cause shown, before or after judgment, compel the delivery of the property to the officer or party entitled thereto by attachment, and may examine either party as to the possession or control of the property. Such authority shall only be exercised in aid of the foregoing provisions of this article.

Amendment History

R.L. 1910, § 4810.

Plain-English Summary

Section 1583 gives the court a backup enforcement tool. For good cause shown, before or after judgment, the court or judge in vacation can compel delivery of the property to the officer or party entitled to it by attachment, and can examine either party about their possession or control of it. The statute limits this authority to aiding the delivery procedures already set out in the rest of the replevin article, rather than functioning as a freestanding remedy.

Frequently Asked Questions

Can a court force delivery of replevied property through attachment?

Yes, for good cause shown, before or after judgment, the court or judge may compel delivery by attachment.

Can the court question a party about where the property is?

Yes. The court may examine either party as to the possession or control of the property.

Is this a separate remedy from the rest of the replevin procedure?

No. The statute says this authority applies only in aid of the delivery provisions set out elsewhere in the article.

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: compel delivery of property by attachment oklahoma12 O.S. § 1583examine party about property possession replevincourt order attachment replevin action