§ 556.1.Constituency of Juries In Civil Actions - Trial Without Jury In Certain Cases
Chapter 11: Trial · Not amended since adoption on record · Last verified August 3, 2026
Full Text of § 556.1
Amendment History
Laws 1968, SB 628, c. 371, § 2; Amended by Laws 1969, SB 244, c. 331, § 1, emerg. eff. 5/7/1969; Amended by Laws 1991, HB 1127, c. 15, § 1.
Plain-English Summary
This section fills in the jury-size and jury-or-no-jury questions that Section 556 leaves open. If the amount in controversy -- as stated in the prayer for relief, in an affidavit, or as found by the court when the adverse party questions it -- doesn't exceed $1,500, the case goes to the court alone; no jury sits at all.
Forcible entry and detainer actions, and actions over the detention of real property and collection of rents on it, always get a jury of six, regardless of the amount involved. Every other action for the recovery of money or specific real or personal property gets a jury of twelve if a party requests recovery of at least $10,000, or files an affidavit that the action involves at least that much and the other side doesn't dispute it, or the adverse party disputes the affidavit and the court itself finds the action involves at least $10,000. Absent one of those three triggers, the jury is six.
Section 575.1 then supplies the mechanics for seating and striking whichever size jury this section calls for, and Section 573 sets the number of peremptory challenges each side gets regardless of jury size.
Frequently Asked Questions
When does an Oklahoma civil case get decided by the judge instead of a jury?
When the amount in controversy, as stated in the prayer for relief, an affidavit, or the court's own finding, doesn't exceed $1,500.
How many jurors sit on an Oklahoma forcible entry and detainer case?
Six, regardless of the dollar amount involved in the case.
How does a case qualify for a twelve-person jury in Oklahoma?
By a party requesting recovery of at least $10,000, by an uncontroverted affidavit that the action involves at least that much, or by the court finding at least $10,000 is at stake after the adverse party disputes the affidavit.
What size jury applies if the amount in controversy is under $10,000 but over $1,500?
Six persons, unless the action is one of the three that triggers a twelve-person jury under part (c).