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§ 305.1.Pleading Recorded Instruments Affecting Real Estate

Chapter 8: Pleadings · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 305.1 lets a party plead facts about a recorded instrument affecting real estate by referring to its date along with the book and page number where it's recorded, instead of attaching a copy of the instrument to the pleading.

Full Text of § 305.1

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From and after the passage of this act in all civil cases whereby it is necessary to incorporate, in the pleadings, facts concerning instruments of record affecting real estate, that such incorporation may be made by reference to the date of such instrument, and the book and page number where recorded in lieu of affixing a copy of the same to such pleadings.

Amendment History

Laws 1953, SB 420, p. 52, § 1.

Plain-English Summary

Before this section, incorporating facts about a recorded deed, mortgage, or similar instrument into a pleading might have meant attaching a copy. Section 305.1 offers a shortcut: reference the instrument's date along with the book and page number where it's recorded, and that reference substitutes for a full copy.

Frequently Asked Questions

Does a party have to attach a copy of a recorded deed to reference it in an Oklahoma pleading?

No. Section 305.1 lets a party incorporate facts about it by referring to its date and the book and page number where it's recorded.

Does this shortcut apply to any instrument affecting real estate?

The statute applies to instruments of record affecting real estate generally, without limiting the type of instrument.

Why would a party use this shortcut instead of attaching a copy?

It shortens the pleading and avoids reproducing potentially lengthy recorded documents when a book-and-page reference identifies the instrument just as well.

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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