Where the grounds for a new trial could not with reasonable diligence have been discovered before but are discovered more than ten (10) days after the judgment, decree, or appealable order was filed, or where the impossibility of preparing a record for an appeal, without fault of the complaining party, arose more than ten (10) days after the judgment, decree, or appealable order was filed, the application may be made by petition filed in the original case, as in other cases, within thirty (30) days after such discovery or occurrence; on which a summons shall issue, be returnable and served, or publication made, as in the beginning of civil actions, or service may be made on the attorney of record in the original case. The facts stated in the petition shall be considered as denied without answer, and the case shall be heard and summarily decided after the expiration of twenty (20) days from the date of service and not more than sixty
§ 655.Petition For New Trial On Grounds Discovered More Than 10 Days After Judgment, Decree, Or Appealable Order Was Filed
Chapter 11: Trial · Last amended November 1, 1999 · Last verified August 3, 2026
In one sentenceSection 655 lets a party who discovers new-trial grounds, or faces a record-preparation impossibility, more than ten days after judgment file a petition within thirty days of discovery, with an outer limit of one year after the final judgment.
Full Text of § 655
(60) days after service, and the witnesses shall be examined in open court, or their depositions taken as in other cases; but no petition shall be filed more than one (1) year after the filing of the final judgment.
Amendment History
R.L. 1910, § 5037; Amended by Laws 1969, SB 17, c. 304, § 2, emerg. eff. 4/28/1969; Amended by Laws 1990, SB 881, c. 251, § 11, eff. 1/1/1991; Amended by Laws 1999, SB 751, c. 293, §6, eff. 11/1/1999.
Plain-English Summary
Section 653's ten-day motion deadline doesn't work when the problem itself surfaces later. Section 655 gives a party a second path: where a ground for new trial couldn't, with reasonable diligence, have been found earlier, or where the impossibility of preparing an appeal record arose more than ten days after judgment, the party can file a petition in the original case within thirty days after that discovery or occurrence.
The petition sets its own procedural track within the case: a summons issues and gets served, or published, the same way a civil action begins, though service can also go through the attorney of record. The facts in the petition are treated as denied without any answer needed, and the case must be heard and summarily decided sometime after twenty days from service but no more than sixty days after it, with witnesses examined in open court or by deposition.
One hard cap applies regardless of when the grounds surfaced: no petition may be filed more than one year after the final judgment was filed.
Frequently Asked Questions
What if I discover grounds for a new trial more than ten days after judgment?
Section 655 lets you file a petition in the original case within thirty days after that discovery, rather than the ten-day motion Section 653 allows.
How is a petition for new trial served?
By summons, returnable and served or published as in the beginning of a civil action, or by service on the attorney of record in the original case.
How quickly does the court decide a petition for new trial?
The case is heard and summarily decided after twenty days from service but not more than sixty days after service.
Is there an outer deadline for filing this kind of petition?
Yes, no petition may be filed more than one year after the filing of the final judgment, no matter when the grounds were discovered.
Do I need to file an answer to a new-trial petition?
No, the facts stated in the petition are considered denied without an answer.
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 petition for new trial newly discovered grounds12 O.S. § 655one year deadline new trial petitionpetition new trial after ten days judgment