§ 1761.Trial By Court - Request For Reporter Or Jury - Evidence - Informality - Mailing of Judgment
Chapter 36: Small Claims Procedure Act · Last amended May 1, 1997 · Last verified August 3, 2026
In one sentenceSends small claims cases to a bench trial unless the amount exceeds $1,500 and a party timely demands a jury, lets either side request a court reporter on the same notice and deposit, keeps hearings informal, and requires the winner to mail the other parties a copy of the judgment.
Full Text of § 1761
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Actions under the small claims procedure shall be tried to the court without a jury, unless the amount of the claim, counterclaim, or setoff exceeds One Thousand Five Hundred Dollars ($1,500.00); provided, if either party wishes a reporter or if either party to an action in which the claim, counterclaim, or setoff exceeds One Thousand Five Hundred Dollars ($1,500.00) wishes a jury, he must notify the clerk of the court in writing at least two (2) working days before the date set for the defendant's appearance and must deposit Fifty Dollars ($50.00) with said notice with the clerk. The plaintiff and the defendant shall have the right to offer evidence in their behalf by witnesses appearing at such hearing, and the judge may call such witnesses and order the production of such documents as he may deem appropriate. The hearing and disposition of such actions shall be informal with the sole object of dispensing speedy justice between the parties.
The prevailing party shall mail a file-stamped copy of the judgment by first-class mail to all other parties who have entered an appearance in the action at their last-known addresses and file a certificate of mailing with the court clerk.
Amendment History
Laws 1968, SB 536, c. 322, § 11, eff. 1/13/1969; Amended by Laws 1978, HB 1518, c. 212, § 2,
emerg. eff. 7/1/1978; Amended by Laws 1989, SB 357, c. 205, § 2, eff. 11/1/1989; Amended by Laws 1991,
HB 1127, c. 15, § 2; Amended by Laws 1992, SB 764, c. 357, §2, emerg. eff. 7/1/1992; Amended by Laws
1997, HB 1778, c. 102, §10, emerg. eff. 5/1/1997.
Plain-English Summary
Under Section 1761, a judge tries a small claims case without a jury unless the claim, counterclaim, or setoff exceeds $1,500. Above that amount, either party can demand a jury -- or either party can request a court reporter regardless of the amount -- by notifying the clerk in writing at least 2 working days before the defendant's appearance date and depositing $50 with that notice. Both sides can present evidence through witnesses, and the judge may also call witnesses or order documents produced. The statute directs that the hearing and disposition stay informal, aimed at dispensing speedy justice.
Once judgment is entered, the prevailing party has to mail a file-stamped copy to every other party who has appeared in the case, by first-class mail to their last-known address, and file a certificate of that mailing with the court clerk.
Frequently Asked Questions
Do small claims cases in Oklahoma get a jury trial?
Only if the claim, counterclaim, or setoff exceeds $1,500 and a party asks for a jury in writing, with a $50 deposit, at least 2 working days before the defendant's appearance date.
Can I request a court reporter for my small claims hearing?
Yes -- either party can request a reporter the same way as a jury demand: written notice to the clerk at least 2 working days ahead, with a $50 deposit.
How formal is a small claims trial?
The statute directs that the hearing and disposition be informal, with the sole object of dispensing speedy justice between the parties.
Will I automatically get a copy of the judgment?
Yes -- the prevailing party must mail a file-stamped copy to every other party who has appeared in the case and file proof of that mailing with the court.
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:jury trial small claims oklahoma $1,500court reporter small claims request oklahomasmall claims judgment mailed oklahoma12 O.S. § 1761