The court or judge, or any clerk in the absence of the judge from the county, for good cause, may appoint a person to serve a particular process or order, who shall have the same power to execute it which the sheriff has. The person may be appointed on the application of the party obtaining the process or order, and the return must be verified by affidavit. He shall be entitled to the same fees allowed to the sheriff for similar services.
§ 52.Appointment of Substitute For Sheriff
Chapter 2: General Provisions · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 52 lets a court, judge, or (if the judge is out of the county) a clerk appoint a substitute, for good cause, to serve a specific process or order with the same power as the sheriff, at the same fee, with the return verified by affidavit.
Full Text of § 52
Amendment History
R.L. 1910, § 5320.
Plain-English Summary
Section 52 gives courts a way around a sheriff who can't or won't act. For good cause, the court or judge — or, if the judge is away from the county, the clerk — can appoint a person to serve one particular process or order. That appointee gets the same power to execute it that the sheriff would have.
The party who wants the process served applies for the appointment, and the appointee must verify the return by affidavit rather than relying on the informal certification a sheriff typically uses. The appointee also collects the same fees the sheriff would charge for the same service. Sections 53 and 54, which govern how the sheriff endorses and executes process, apply to sheriffs directly, but this section shows the same underlying duties can fall on a substitute when needed.
Frequently Asked Questions
Who can appoint a substitute to serve process instead of the sheriff?
The court or judge can do it, and if the judge is away from the county, the clerk can make the appointment for good cause.
How does a substitute's return of service differ from a sheriff's?
The substitute must verify the return by affidavit, a step the statute imposes specifically on appointees rather than the sheriff.
Does the substitute get paid the same as the sheriff?
Yes, the section entitles the appointee to the same fees allowed to the sheriff for similar services.
Who asks the court to make this appointment?
The party obtaining the process or order applies for it.
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: special process server appointment Oklahomasubstitute for sheriff serve processaffidavit verified return of servicegood cause appoint non-sheriff server