{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-1571","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-1571","heading":"Order of delivery - Procedure","body":"A. The plaintiff in an action to recover the possession of\n\nspecific personal property may claim the delivery of the property at\n\nthe commencement of suit, as provided herein.\n\n1. The petition must allege facts which show:\n\na. a description of the property claimed,\n\nb. that the plaintiff is the owner of the property or has\n\na special ownership or interest therein, stating the\n\nfacts in relation thereto, and that he is entitled to\n\nthe immediate possession of the property,\n\nc. that the property is wrongfully detained by the\n\ndefendant,\n\nd. the actual value of the property, provided that when\n\nseveral articles are claimed, the value of each shall\n\nbe stated as nearly as practicable,\n\ne. that the property was not taken in execution on any\n\norder or judgment against said plaintiff, or for the\n\npayment of any tax, fine or amercement assessed\n\nagainst him, or by virtue of an order of delivery\n\nissued under this chapter, or any other mesne or final\n\nprocess issued against said plaintiff; or, if taken in\n\nexecution or on any order or judgment against the\n\nplaintiff, that it is exempt by law from being so\n\ntaken, and\n\nf. the prayer for relief requests that the court issue an\n\norder for the immediate delivery of the property.\n\n2. The above allegations are verified by the party or, when the\n\nfacts are within the personal knowledge of his agent or attorney and\n\nthis is shown in the verification, by said agent or attorney.\n\n3. A notice shall be issued by the clerk and served on the\n\ndefendant with the summons which shall notify the defendant that an\n\norder of delivery of the property described in the petition is\n\nsought and that the defendant may object to the issuance of such an\n\norder by a written objection which is filed with the clerk and\n\ndelivered or mailed to the plaintiff's attorney within five (5) days\n\nof the service of the summons. In the event that no written\n\nobjection is filed within the five-day period, no hearing is\n\nnecessary and the court clerk shall issue the order of delivery.\n\nShould a written objection be filed within the five-day period\n\nspecified, the court shall, at the request of either party, set the\n\nmatter for prompt hearing. At such hearing the court shall proceed\n\nto determine whether the order for prejudgment delivery of the\n\nproperty should issue according to the probable merit of plaintiff's\n\npetition. Provided, however, that no order of delivery may be\n\nissued until an undertaking has been executed pursuant to Section\n\n1573 of this title.\n\nNothing contained in this act shall prohibit a party from\n\nwaiving his right to a hearing or from voluntarily delivering the\n\ngoods to the party seeking them before the commencement of the\n\nproceedings or at any time after institution thereof.\n\nB. Where the notice that is required by subsection A of this\n\nsection cannot be served on the defendant but the judge finds that a\n\nreasonable effort to serve him was made and at the hearing the\n\nplaintiff has shown the probable truth of the allegations in his\n\npetition, the court may issue an order for the prejudgment delivery\n\nof the property. If an order for the delivery of the property is\n\nissued without actual notice being given the defendant, the\n\ndefendant may move to have said order dissolved and, if he does not\n\nhave possession of the property, for a return of the property.\n\nNotice of said motion with the date of the hearing shall be served\n\nupon the attorney for the plaintiff in the action. The motion shall\n\nbe heard promptly, and in any case within five (5) days after the\n\ndate that it is filed. The court must grant the motion unless, at\n\nthe hearing on defendant's motion, the plaintiff proves the probable\n\ntruth of the allegations contained in his petition. If said notice\n\nis filed before the sheriff turns the property over to the\n\nplaintiff, the sheriff shall retain control of the property pending\n\nthe hearing on the motion.\nny case within five (5) days after the\n\ndate that it is filed. The court must grant the motion unless, at\n\nthe hearing on defendant's motion, the plaintiff proves the probable\n\ntruth of the allegations contained in his petition. If said notice\n\nis filed before the sheriff turns the property over to the\n\nplaintiff, the sheriff shall retain control of the property pending\n\nthe hearing on the motion.\n\nC. The court may, on request of the plaintiff, order the\n\ndefendant not to conceal, damage or destroy the property or a part\n\nthereof and not to remove the property or a part thereof from the\n\nstate or county, pending the hearing on plaintiff's request for an\n\norder for the prejudgment delivery of the property, and said order\n\nmay be served with the summons.\n\nD. No action to recover the possession of specific personal\n\nproperty pursuant to this section may be brought against any city,\n\ncounty or state agency or an employee of a city, county, or state\n\nagency, if the claim alleges matters arising from incarceration,\n\nprobation, parole or community supervision.\n\nR.L. 1910, § 4798. Amended by Laws 1974, c. 129, § 1, emerg. eff.\n\nMay 3, 1974; Laws 1976, c. 71, § 1, emerg. eff. April 26, 1976; Laws\n\n2002, c. 402, § 3, eff. July 1, 2002.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"95fe333202dfc126c1297121ba715e7af7b54d42071d027bc131f5bcdbf2a500","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-1560","next":"us-ok/okla.-stat.-tit.-12-12-1571.1"},"notice":"GroundRules: Original legal text. Not legal advice."}