All orders and judgments rendered in the absence of proof of the notice herein required and in violation of the provisions of this section shall be void, and the court shall on its own motion vacate and set aside same when the same is brought to its attention.
§ 709.Effect of Violation
Chapter 12: Judgment · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 709 voids any order or judgment entered without the proof of notice Sections 707 and 708 require, and directs the court to vacate that order or judgment on its own motion once the violation comes to its attention.
Full Text of § 709
Amendment History
Laws 1919, SB 108, c. 45, p. 73, § 3.
Plain-English Summary
Section 707 requires notice to the Attorney General before a court can dismiss a case against the state or enter default judgment against it; Section 709 supplies the consequence for skipping that step. Any order or judgment rendered without the proof of notice those sections require is void.
The court doesn't need a motion from a party to fix it, either — once the missing notice comes to the court's attention, the court is directed to vacate and set the order or judgment aside on its own.
Frequently Asked Questions
What happens to a judgment entered against the state without the required notice?
It's void under Section 709.
Does someone have to file a motion to undo a void judgment like this?
No, the court is directed to vacate and set it aside on its own motion once the violation is brought to its attention.
What notice is this section referring to?
The registered-mail notice to the Attorney General's office that Sections 707 and 708 require before dismissing a case against the state or entering default judgment against it.
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 void judgment lack of notice to state12 O.S. § 709court vacates judgment on its own motion Oklahomaeffect of violation notice Attorney General Oklahoma