A. Unless unavoidably prevented, an application for a new trial by motion, if made, must be filed not later than ten (10) days after the judgment, decree or appealable order prepared in conformance with Section 696.3 of this title has been filed. More than ten (10) days after the judgment, decree, or appealable order which conforms with Section 696.3 of this title has been filed, an application for a new trial by petition may be filed in conformance with the provisions of Section 655 of this title.
§ 653.Time of Application
Chapter 11: Trial · Last amended November 1, 1999 · Last verified August 3, 2026
In one sentenceSection 653 gives a party ten days after a conforming judgment, decree, or appealable order is filed to move for a new trial, extends that deadline when the moving party never received a required mailed copy, and deems a premature motion filed the moment judgment is entered.
Full Text of § 653
B. If the moving party did not prepare the judgment, decree, or appealable order, and Section 696.2 of this title required a copy of the judgment, decree, or appealable order to be mailed to the moving party, and the court records do not reflect the mailing of a copy of the judgment, decree, or appealable order to the moving party within three (3) days, exclusive of weekends and holidays, after the filing of the judgment, decree, or appealable order, the motion for new trial may be filed no later than ten (10) days after the earliest date on which the court records show that a copy of the judgment, decree, or appealable order was mailed to the moving party.
C. A motion for new trial filed after the announcement of the decision on all issues in the case but before the filing of the judgment or decree shall be deemed filed immediately after the filing of the judgment or decree.
Amendment History
R.L. 1910, § 5035; Amended by Laws 1953, HB 775, p. 54, § 1; Amended by Laws 1990, SB 881, c. 251, § 10, eff. 1/1/1991; Amended by Laws 1991, SB 24, c. 251, § 5, emerg. eff. 6/1/1991; Amended by Laws 1993, HB 1468, c. 351, § 8, eff. 10/1/1993; Amended by Laws 1994, SB 1076, c. 343, § 1, eff. 9/1/1994; Amended by Laws 1997, HB 1778, c. 102, § 1, eff. emerg. 5/1/1997; Amended by Laws 1999, SB 751, c. 293, §4, eff. 11/1/1999.
Plain-English Summary
Subsection A sets the baseline: unless unavoidably prevented, a motion for new trial must be filed within ten days after the judgment, decree, or appealable order, prepared to conform with Section 696.3, is filed. Missing that window doesn't end the matter; a party can still seek a new trial by petition under Section 655, though only on the narrower grounds that section allows.
Subsection B protects a party who never got proper notice. If the moving party didn't prepare the judgment itself, and Section 696.2 required the court to mail a copy to that party, but the court's own records don't show a copy went out within three business days after filing, the ten-day clock instead starts from the earliest date the records show a copy was mailed.
Subsection C handles the gap between a decision and its paperwork: a motion for new trial filed after the court announces its decision but before the judgment or decree is filed is treated as filed immediately after that filing, so an early motion doesn't get thrown out as premature.
Frequently Asked Questions
How long do I have to file a motion for new trial in Oklahoma?
Ten days after the judgment, decree, or appealable order, prepared in conformance with Section 696.3, is filed, unless unavoidably prevented.
What if I miss the ten-day deadline for a motion?
You may still be able to seek a new trial by petition under Section 655, filed within the time that section allows.
What if the court never mailed me a copy of the judgment?
If Section 696.2 required mailing and the court's records don't show it happened within three business days of filing, your ten days runs instead from the earliest date the records show a copy was mailed.
I filed my motion for new trial before the judgment was filed. Is that too early?
No, Section 653(C) deems a motion filed after the court announces its decision, but before the judgment or decree is filed, as filed immediately after that filing.
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: Oklahoma motion for new trial deadline12 O.S. § 653ten days to file motion for new trialnew trial deadline judgment not mailed