Okla. Stat. tit. 12, § 12-1031.1: Authorization to correct, open, modify or vacate
Where this section sits in the code
- OK Code
- Title 12
judgments - Time - Notice.
A. A court may correct, open, modify or vacate a judgment,
decree, or appealable order on its own initiative not later than
thirty (30) days after the judgment, decree, or appealable order
prepared in conformance with Section 696.3 of this title has been
filed with the court clerk. Notice of the court's action shall be
given as directed by the court to all affected parties.
B. On motion of a party made not later than thirty (30) days
after a judgment, decree, or appealable order prepared in
conformance with Section 696.3 of this title has been filed with the
court clerk, the court may correct, open, modify, or vacate the
judgment, decree, or appealable order. 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 to correct, open, modify, or vacate the
judgment, decree, or appealable order may be filed no later than
thirty (30) 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. The moving party shall give notice to
all affected parties. A motion to correct, open, modify, or vacate
a judgment or decree 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.
C. If more than thirty (30) days have passed since the filing
of a judgment, decree, or appealable order, proceedings to vacate or
modify the judgment, decree, or appealable order shall be by
petition in conformance with Section 1033 of this title unless
approved by all parties who have entered an appearance in the
lawsuit.
D. The party that prevails in an action to vacate any judgment,
decree or appealable order shall only be considered the prevailing
party for the purpose of the award of costs, to include a reasonable
attorney fee, if such party prevails on the merits in the underlying
action.
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