{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-1757","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-1757","heading":"Transfer of actions from small claims docket to another","body":"docket.\n\nA. For matters in which the claim is less than Seven Thousand\n\nFive Hundred Dollars ($7,500.00):\n\n1. On motion of the defendant, a small claims action may, in\n\nthe discretion of the court, be transferred from the small claims\n\ndocket to another docket of the court; provided, that the motion is\n\nfiled and notice is given by the defendant to the opposing party or\n\nparties by mailing a copy of the motion at least forty-eight (48)\n\nhours prior to the time fixed in the order for defendant to appear\n\nor answer; and provided, further, that the defendant deposit the sum\n\nof Fifty Dollars ($50.00) as the court cost; and\n\n2. The motion to transfer shall be heard at the time fixed in\n\nthe order and consideration shall be given to any hardship on the\n\nplaintiff, complexity of the case, reason for transfer, and other\n\nrelevant matters. If the motion is denied, the action shall remain\n\non the small claims docket.\n\nB. For matters in which the claim is Seven Thousand Five\n\nHundred Dollars ($7,500.00) or more, on motion of the defendant, a\n\nsmall claims action shall be transferred from the small claims\n\ndocket to another docket of the court; provided, that the motion is\n\nfiled and notice is given by the defendant to the opposing party or\n\nparties by mailing a copy of the motion at least forty-eight (48)\n\nhours prior to the time fixed in the order for defendant to appear\n\nor answer; and provided, further, that the defendant deposit the sum\n\nof Fifty Dollars ($50.00) as the court cost.\n\nC. If the motion is granted, the defendant as movant shall\n\npresent within ten (10) days and the court shall cause to be filed\n\nan order on a form prepared by the Administrative Office of the\n\nCourts transferring the action from the small claims docket to\n\nanother docket. If the transfer order is not filed by the movant\n\nwithin ten (10) days, it shall be reinstated upon the small claims\n\ndocket upon motion of the small claims plaintiff, and no further\n\ntransfer shall be authorized. Before the transfer is effected, the\n\nmovant shall deposit with the clerk the court costs that are charged\n\nin other civil cases under Sections 151 through 157 of Title 28 of\n\nthe Oklahoma Statutes, less any sums that have already been paid to\n\nthe clerk. After this filing, the costs and other procedural\n\nmatters shall be governed as in other civil actions, and not under\n\nsmall claims procedure.\n\nD. Within twenty (20) days of the date the transfer order is\n\nsigned, the plaintiff shall file a petition that conforms to the\n\nstandards of pleadings prescribed by the Oklahoma Pleading Code.\n\nThe answer of the defendant shall be due within twenty (20) days\n\nafter the filing of the petition and the reply of the plaintiff in\n\nten (10) days after the answer is filed.\n\n1. For matters in which the claim is less than Seven Thousand\n\nFive Hundred Dollars ($7,500.00), if the plaintiff ultimately\n\nprevails in the action so transferred by the defendant, a reasonable\n\nattorney fee shall be allowed to plaintiff's attorney to be taxed as\n\ncosts in the case, in addition to any sanctions which the court may\n\ndeem appropriate.\n\n2. For matters in which the claim is Seven Thousand Five\n\nHundred Dollars ($7,500.00) or more, if attorney fees are otherwise\n\nallowed by law, a reasonable attorney fee shall be allowed to be\n\ntaxed as costs in the case, in addition to any sanctions which the\n\ncourt may deem appropriate.","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":"a20cc3003538ba5ecb44d7469b5333f5dbb22ab72214e3efdafd6bc6a937ed18","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-1756","next":"us-ok/okla.-stat.-tit.-12-12-1758"},"notice":"GroundRules: Original legal text. Not legal advice."}