An affidavit may be used to verify a pleading, to prove the service of a summons, notice or other process in an action, to obtain a provisional remedy, an examination of a witness, a stay of proceedings, or upon a motion or in any other case permitted by law.
§ 431.Use of Affidavit
Chapter 10: Evidence · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 431 lists the purposes an affidavit may serve in an Oklahoma case: verifying a pleading, proving service of process, obtaining a provisional remedy, examining a witness, staying proceedings, or supporting a motion or any other permitted use.
Full Text of § 431
Amendment History
R.L. 1910, § 5071.
Plain-English Summary
This section doesn't limit affidavits to one job. It lists several: verifying a pleading, proving that a summons, notice, or other process was served, obtaining a provisional remedy, examining a witness, staying proceedings, or supporting a motion. The closing phrase -- "or upon a motion or in any other case permitted by law" -- leaves room for whatever other uses the Code or other statutes authorize.
Frequently Asked Questions
What can an affidavit be used for in an Oklahoma lawsuit?
The statute lists verifying a pleading, proving service of a summons or other process, obtaining a provisional remedy, examining a witness, staying proceedings, supporting a motion, or any other use the law permits.
Can an affidavit prove that someone was served with a summons?
Yes. Proving service of a summons, notice, or other process is one of the listed uses.
Is the list of affidavit uses in this section exhaustive?
No. It ends with "any other case permitted by law," leaving room for uses authorized elsewhere.
What is an affidavit, under Oklahoma law?
Section 422 defines it as a written declaration made under oath, without notice to the adverse party.
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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