He shall execute every summons, order or other process, and return the same as required by law; and if he fail to do so, unless he make it appear to the satisfaction of the court that he was prevented by inevitable accident from so doing, he shall be amerced by the court in a sum not exceeding One Thousand Dollars ($1,000.00), upon motion and ten (10) days' notice, and shall be liable to the action of any person aggrieved by such failure. Provided that whenever any party, his agent or attorney, shall make and file with the clerk of the proper court an affidavit, stating that he believes that the sheriff of said county will not, by reason of either partiality, prejudice, consanguinity or interest, faithfully perform his duties in any suit commenced in said court, the clerk shall direct the original, or other process, in such suit to the county clerk who shall execute the same in like manner as the sheriff might or ought to have done, and who shall be subject to the same penalties as the sheriff if he fail to do so, unless he make it appear that he was prevented by inevitable accident from so doing, and the county clerk shall perform all of the other duties of the sheriff when the sheriff shall be a party to the case, or is disqualified.
§ 54.Must Execute and Return Process - Execution By County Clerk When Sheriff Disqualified
Chapter 2: General Provisions · Last amended June 8, 1953 · Last verified August 3, 2026
In one sentenceSection 54 requires the sheriff to execute and return every summons or process as law requires, fines him up to $1,000 for failing to do so without inevitable accident, and lets a county clerk take over when an affidavit alleges the sheriff is biased or disqualified.
Full Text of § 54
Amendment History
R.L. 1910, § 5337; Amended by Laws 1953, SB 321, p. 47, § 1, emerg. eff. 6/8/1953.
Plain-English Summary
Section 54 makes the sheriff execute and return every summons, order, or process as required by law. If he fails, and can't show the court that inevitable accident stopped him, he can be fined up to $1,000 on motion and ten days' notice, and he's liable to anyone hurt by the failure.
The section also gives a party a way around a sheriff they distrust. If a party, agent, or attorney files an affidavit stating a belief that the sheriff won't perform faithfully because of partiality, prejudice, consanguinity, or interest, the clerk sends the process to the county clerk instead. The county clerk then executes it just as the sheriff would have, faces the same $1,000 penalty for failing without inevitable accident, and takes over the sheriff's other duties whenever the sheriff is a party to the case or otherwise disqualified.
Frequently Asked Questions
What happens if the sheriff doesn't execute and return process?
He can be fined up to $1,000 on motion and ten days' notice, unless he shows the court that inevitable accident prevented him, and he's liable to any person the failure hurt.
How does a party get the county clerk to handle process instead of the sheriff?
The party, agent, or attorney files an affidavit with the clerk stating a belief that the sheriff won't act faithfully because of partiality, prejudice, consanguinity, or interest; the clerk then directs the process to the county clerk.
Does the county clerk face the same penalties as the sheriff?
Yes, the county clerk is subject to the same penalty for failing to execute process, unless inevitable accident prevented it.
When does the county clerk take over the sheriff's other duties, not just one process?
Whenever the sheriff is a party to the case or is disqualified, the county clerk performs all of the sheriff's other duties.
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: sheriff failure to execute process fineaffidavit sheriff bias disqualification Oklahomacounty clerk replaces sheriff processsheriff $1000 penalty inevitable accident