All writs and orders for provisional remedies, and process of every kind shall be prepared by the party or his attorney who is seeking the issuance of such writ, order, or process and shall be issued by the clerks of the several courts.
§ 28.Clerks to Issue Writs and Orders - Preparation
Chapter 2: General Provisions · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 28 requires the party seeking a writ, order for a provisional remedy, or any other process to prepare the document, while the clerks of the several courts are the ones who issue it.
Full Text of § 28
Amendment History
R.L. 1910, § 5328; Amended by Laws 1969, HB 1350, c. 210, § 1.
Plain-English Summary
Section 28 splits the labor between litigant and clerk. Drafting the paperwork — a writ, an order for a provisional remedy, or any other form of process — is the job of the party seeking it or that party’s attorney. Issuing it, the formal act that gives it legal force, is the clerk’s job.
Frequently Asked Questions
Who prepares a writ or order for a provisional remedy in Oklahoma?
Section 28 puts that job on the party seeking the writ or order, or on that party's attorney, not on the court clerk.
Who issues a writ once it's prepared?
Section 28 assigns issuance to the clerks of the several courts, after the party or attorney has prepared the writ, order, or process.
Does Section 28 apply to all types of process?
Yes. Section 28 covers all writs and orders for provisional remedies and process of every kind.
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
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