Issues of law must be tried by the court, unless referred. Issues of fact arising in actions for the recovery of money, or of specific real or personal property, shall be tried by a jury, unless a jury trial is waived, or a reference be ordered, as hereinafter provided.
§ 556.Trial of Issues
Chapter 11: Trial · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 556 assigns issues of law to the court unless referred, and gives issues of fact in actions to recover money or specific real or personal property to a jury, unless a jury trial is waived or the court orders a reference.
Full Text of § 556
Amendment History
R.L. 1910, § 4993.
Plain-English Summary
This section splits trial responsibility along the line Section 552 draws. Issues of law go to the court, unless the court refers them. Issues of fact go to a jury when the action seeks money, or specific real or personal property -- but only unless the parties waive that jury trial or the court orders a reference instead.
Section 556.1 then works out how big that jury is and when a claim is small enough to go to the court without one; Section 557 covers the fact issues this section doesn't reach; and Section 591 sets out how a jury trial gets waived.
Frequently Asked Questions
Who decides issues of law in an Oklahoma civil case?
The court decides issues of law, unless it refers them elsewhere as the Code allows.
Is a jury automatic in every Oklahoma civil trial?
No. Section 556 guarantees a jury only for fact issues in actions to recover money or specific real or personal property, and even then a jury trial can be waived or the matter referred.
Can the parties give up their right to a jury trial?
Yes. The section itself allows waiver, and Section 591 spells out the ways a party can waive it.
What kinds of actions get a jury under this section?
Actions for the recovery of money, or of specific real or personal property.
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: right to jury trial oklahoma civil caseissues of law tried by court oklahomawaiver of jury trial oklahoma12 O.S. § 556