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§ 707.Dismissal Or Default Judgment Against State - Necessity of Proof of Notice

Chapter 12: Judgment · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 707 bars any court from dismissing a case for want of prosecution, or entering a default judgment against the State of Oklahoma, unless proof shows the Attorney General or an assistant was notified by registered mail at least ten days before the trial or hearing date.

Full Text of § 707

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No order shall be made by any county, district or superior court in this state dismissing, for want of prosecution, any action now pending or hereafter filed, wherein the State of Oklahoma is an interested party and in which the Attorney General or any assistant Attorney General shall appear as attorney of record, for the state, nor shall any judgment by default against the State of Oklahoma be rendered by any such court in such action, unless proof is made (that the Attorney General or assistant Attorney General appearing as counsel for the state, shall have been notified) in writing by registered mail, at least ten (10) days prior to the date set for such trial or hearing that the action has been set for trial.

Amendment History

Laws 1919, SB 108, c. 45, p. 73, § 1.

Plain-English Summary

The State of Oklahoma gets a procedural safeguard when it's a party represented by the Attorney General's office. No court can dismiss a pending case for want of prosecution, and no court can enter a default judgment against the state, unless the record shows the Attorney General or an assistant handling the case received written notice by registered mail — at least ten days before the trial or hearing date — that the case was set for trial.

Sections 708 and 709 fill out the rest of this scheme: 708 spells out how that notice gets sent and proved, and 709 voids anything done without it.

Frequently Asked Questions

Can a court dismiss a case against the State of Oklahoma for lack of prosecution without notifying the Attorney General?

No, Section 707 bars that unless proof shows the Attorney General or an assistant was notified by registered mail at least ten days before the trial or hearing date.

Can the state be hit with a default judgment without notice?

No, the same ten-day registered-mail notice requirement applies before any default judgment against the State of Oklahoma.

Who has to receive the notice?

The Attorney General or the assistant Attorney General appearing as attorney of record for the state.

How much advance notice does the Attorney General's office need?

At least ten days before the date set for trial or hearing.

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
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