{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-2004","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-2004","heading":"Process","body":"PROCESS\n\nA. SUMMONS: ISSUANCE. Upon filing of the petition, the clerk\n\nshall forthwith issue a summons. Upon request of the plaintiff\n\nseparate or additional summons shall issue against any defendants.\n\nB. SUMMONS: FORM.\n\n1. The summons shall be signed by the clerk, be under the seal\n\nof the court, contain the name of the court and the names of the\n\nparties, be directed to the defendant, state the name and address of\n\nthe plaintiff's attorney, if any, otherwise, the plaintiff's\n\naddress, and the time within which these rules require the defendant\n\nto appear and defend, and shall notify the defendant that in case of\n\nfailure to appear, judgment by default will be rendered against the\n\ndefendant for the relief demanded in the petition.\n\n2. A judgment by default shall not be different in kind from or\n\nexceed in amount that prayed for in either the demand for judgment\n\nor in cases not sounding in contract in a notice which has been\n\ngiven the party against whom default judgment is sought. Except as\n\nto a party against whom a judgment is entered by default, every\n\nfinal judgment shall grant the relief to which the party in whose\n\nfavor it is rendered is entitled, even if the party has not demanded\n\nsuch relief in his or her pleadings.\n\nC. BY WHOM SERVED: PERSON TO BE SERVED.\n\n1. SERVICE BY PERSONAL DELIVERY.\n\na. At the election of the plaintiff, process, other than\n\na subpoena, shall be served by a sheriff or deputy\n\nsheriff, a person licensed to make service of process\n\nin civil cases or a person specially appointed for\n\nthat purpose. The court shall freely make special\n\nappointments to serve all process, other than a\n\nsubpoena, under this paragraph.\n\nb. A summons to be served by the sheriff or deputy\n\nsheriff shall be delivered to the sheriff by the court\n\nclerk or an attorney of record for the plaintiff.\n\nWhen a summons, subpoena or other process is to be\n\nserved by the sheriff or deputy sheriff of another\n\ncounty, the court clerk shall mail it, together with\n\nthe voucher of the court clerk for the fees collected\n\nfor the service, to the sheriff of that county. The\n\nsheriff shall deposit the voucher in the Sheriff's\n\nService Fee Account created pursuant to Section 514.1\n\nof Title 19 of the Oklahoma Statutes. The sheriff or\n\ndeputy sheriff shall serve the process in the manner\n\nthat other process issued out of the court of the\n\nsheriff's own county is served. A summons to be\n\nserved by a person licensed to make service of process\n\nin civil cases or by a person specially appointed for\n\nthat purpose shall be delivered by an attorney of\n\nrecord for the plaintiff to such person.\n\nc. Service shall be made as follows:\n\n(1) upon an individual other than an infant who is\n\nless than fifteen (15) years of age or an\n\nincompetent person, by delivering a copy of the\n\nsummons and of the petition personally or by\n\nleaving copies thereof at the person's dwelling\n\nhouse or usual place of abode with some person\n\nthen residing therein who is fifteen (15) years\n\nof age or older, by delivering a copy of the\n\nsummons and of the petition to an agent\n\nauthorized by appointment or by law to receive\n\nservice of process, or by delivering a copy of\n\nthe summons and of the petition personally or by\n\nleaving copies thereof at an agreed meeting place\n\nwith some person then residing at the person's\n\ndwelling house or usual place of abode,\n\n(2) upon an infant who is less than fifteen (15)\n\nyears of age, by serving the summons and petition\n\npersonally and upon either of the infant's\n\nparents or guardian, or if they cannot be found,\n\nthen upon the person having the care or control\n\nof the infant or with whom the infant lives; and\n\nupon an incompetent person by serving the summons\n\nand petition personally and upon the incompetent\n\nperson's guardian,\nnfant who is less than fifteen (15)\n\nyears of age, by serving the summons and petition\n\npersonally and upon either of the infant's\n\nparents or guardian, or if they cannot be found,\n\nthen upon the person having the care or control\n\nof the infant or with whom the infant lives; and\n\nupon an incompetent person by serving the summons\n\nand petition personally and upon the incompetent\n\nperson's guardian,\n\n(3) upon a domestic or foreign corporation or upon a\n\npartnership or other unincorporated association\n\nwhich is subject to suit under a common name, by\n\ndelivering a copy of the summons and of the\n\npetition to an officer, a managing or general\n\nagent or to any other agent authorized by\n\nappointment or by law to receive service of\n\nprocess and, if the agent is one authorized by\n\nstatute to receive service and the statute so\n\nrequires, by also mailing a copy to the\n\ndefendant,\n\n(4) upon the United States or an officer or agency\n\nthereof in the manner specified by Federal Rule\n\nof Civil Procedure 4,\n\n(5) upon a state, county, school district, public\n\ntrust or municipal corporation or other\n\ngovernmental organization thereof subject to\n\nsuit, by delivering a copy of the summons and of\n\nthe petition to the officer or individual\n\ndesignated by specific statute; however, if there\n\nis no statute, then upon the chief executive\n\nofficer or a clerk, secretary or other official\n\nwhose duty it is to maintain the official records\n\nof the organization,\n\n(6) upon an inmate incarcerated in an institution\n\nunder the jurisdiction and control of the\n\nDepartment of Corrections, by delivering a copy\n\nof the summons and of the petition to the warden\n\nor superintendent or the designee of the warden\n\nor superintendent of the institution where the\n\ninmate is housed. It shall be the duty of the\n\nreceiving warden or superintendent or a designee\n\nto promptly deliver the summons and petition to\n\nthe inmate named therein. The warden or\n\nsuperintendent or his or her designee shall\n\nreject service of process for any inmate who is\n\nnot actually present in the institution, and\n\n(7) upon an inmate incarcerated in a county jail or\n\ndetention center under the jurisdiction and\n\ncontrol of the county sheriff or the jail trust\n\nof the county, by delivering a copy of the\n\nsummons and of the petition to the jail or\n\ndetention center administrator or the designee of\n\nsuch administrator of the jail or detention\n\ncenter where the inmate is housed. It shall be\n\nthe duty of the receiving jail or detention\n\ncenter administrator or designee to promptly\n\ndeliver the summons and petition to the inmate\n\nnamed therein. The jail or detention center\n\nadministrator or designee shall reject service of\n\nprocess for any inmate who is not actually\n\npresent in the jail or detention center.\n\n2. SERVICE BY MAIL.\n\na. At the election of the plaintiff, a summons and\n\npetition may be served by mail by the plaintiff's\n\nattorney, any person authorized to serve process\n\npursuant to subparagraph a of paragraph 1 of this\n\nsubsection or by the court clerk upon a defendant of\n\nany class referred to in division (1), (3) or (5) of\n\nsubparagraph c of paragraph 1 of this subsection.\n\nService by mail shall be effective on the date of\n\nreceipt or if refused, on the date of refusal of the\n\nsummons and petition by the defendant.\n\nb. Service by mail shall be accomplished by mailing a\n\ncopy of the summons and petition by certified mail,\n\nreturn receipt requested and delivery restricted to\n\nthe addressee. When there is more than one defendant,\n\nthe summons and a copy of the petition or order shall\n\nbe mailed in a separate envelope to each defendant.\n\nIf the summons is to be served by mail by the court\n\nclerk, the court clerk shall enclose the summons and a\n\ncopy of the petition or order of the court to be\n\nserved in an envelope, prepared by the plaintiff,\ns more than one defendant,\n\nthe summons and a copy of the petition or order shall\n\nbe mailed in a separate envelope to each defendant.\n\nIf the summons is to be served by mail by the court\n\nclerk, the court clerk shall enclose the summons and a\n\ncopy of the petition or order of the court to be\n\nserved in an envelope, prepared by the plaintiff,\n\naddressed to the defendant, or to the resident service\n\nagent if one has been appointed. The court clerk\n\nshall prepay the postage and mail the envelope to the\n\ndefendant, or service agent, by certified mail, return\n\nreceipt requested and delivery restricted to the\n\naddressee. The return receipt shall be prepared by\n\nthe plaintiff. Service by mail to a garnishee shall\n\nbe accomplished by mailing a copy of the summons and\n\nnotice by certified mail, return receipt requested,\n\nand at the election of the judgment creditor by\n\nrestricted delivery, to the addressee.\n\nc. Service by mail shall not be the basis for the entry\n\nof a default or a judgment by default unless the\n\nrecord contains a return receipt showing acceptance by\n\nthe defendant or a returned envelope showing refusal\n\nof the process by the defendant. Acceptance or\n\nrefusal of service by mail by a person who is fifteen\n\n(15) years of age or older who resides at the\n\ndefendant's dwelling house or usual place of abode\n\nshall constitute acceptance or refusal by the party\n\naddressed. In the case of an entity described in\n\ndivision (3) of subparagraph c of paragraph 1 of this\n\nsubsection, acceptance or refusal by any officer or by\n\nany employee of the registered office or principal\n\nplace of business who is authorized to or who\n\nregularly receives certified mail shall constitute\n\nacceptance or refusal by the party addressed. A\n\nreturn receipt signed at such registered office or\n\nprincipal place of business shall be presumed to have\n\nbeen signed by an employee authorized to receive\n\ncertified mail. In the case of a state municipal\n\ncorporation, or other governmental organization\n\nthereof subject to suit, acceptance or refusal by an\n\nemployee of the office of the officials specified in\n\ndivision (5) of subparagraph c of paragraph 1 of this\n\nsubsection who is authorized to or who regularly\n\nreceives certified mail shall constitute acceptance or\n\nrefusal by the party addressed. If delivery of the\n\nprocess is refused, upon the receipt of notice of such\n\nrefusal and at least ten (10) days before applying for\n\nentry of default, the person elected by plaintiff\n\npursuant to subparagraph a of this paragraph to serve\n\nthe process shall mail to the defendant by first-class\n\nmail a copy of the summons and petition and a notice\n\nprepared by the plaintiff that despite such refusal\n\nthe case will proceed and that judgment by default\n\nwill be rendered against him unless he appears to\n\ndefend the suit. Any default or judgment by default\n\nshall be set aside upon motion of the defendant in the\n\nmanner prescribed in Section 1031.1 of this title, or\n\nupon petition of the defendant in the manner\n\nprescribed in Section 1033 of this title if the\n\ndefendant demonstrates to the court that the return\n\nreceipt was signed or delivery was refused by an\n\nunauthorized person. A petition shall be filed within\n\none (1) year after the defendant has notice of the\n\ndefault or judgment by default but in no event more\n\nthan two (2) years after the filing of the judgment.\n\n3. SERVICE BY PUBLICATION.\n\na. Service of summons upon a named defendant may be made\n\nby publication when it is stated in the petition,\n\nverified by the plaintiff or the plaintiff's attorney\n\nor in a separate affidavit by the plaintiff or the\n\nplaintiff's attorney filed with the court, that with\n\ndue diligence service cannot be made upon the\n\ndefendant by any other method.\n\nb. Service of summons upon the unknown successors of a\n\nnamed defendant, a named decedent or a dissolved\nade\n\nby publication when it is stated in the petition,\n\nverified by the plaintiff or the plaintiff's attorney\n\nor in a separate affidavit by the plaintiff or the\n\nplaintiff's attorney filed with the court, that with\n\ndue diligence service cannot be made upon the\n\ndefendant by any other method.\n\nb. Service of summons upon the unknown successors of a\n\nnamed defendant, a named decedent or a dissolved\n\npartnership, corporation or other association may be\n\nmade by publication when it is stated in a petition,\n\nverified by the plaintiff or the plaintiff's attorney\n\nor in a separate affidavit by the plaintiff or the\n\nplaintiff's attorney filed with the court, that the\n\nperson who verified the petition or the affidavit does\n\nnot know and with due diligence cannot ascertain the\n\nfollowing:\n\n(1) whether a person named as defendant is living or\n\ndead, and, if dead, the names or whereabouts of\n\nthe person's successors, if any,\n\n(2) the names or whereabouts of the unknown\n\nsuccessors, if any, of a named decedent,\n\n(3) whether a partnership, corporation or other\n\nassociation named as a defendant continues to\n\nhave legal existence or not; or the names or\n\nwhereabouts of its officers or successors,\n\n(4) whether any person designated in a record as a\n\ntrustee continues to be the trustee; or the names\n\nor whereabouts of the successors of the trustee,\n\nor\n\n(5) the names or whereabouts of the owners or holders\n\nof special assessment or improvement bonds, or\n\nany other bonds, sewer warrants or tax bills.\n\nc. Service pursuant to this paragraph shall be made by\n\npublication of a notice, signed by the court clerk,\n\none (1) day a week for three (3) consecutive weeks in\n\na newspaper authorized by law to publish legal notices\n\nwhich is published in the county where the petition is\n\nfiled. If no newspaper authorized by law to publish\n\nlegal notices is published in such county, the notice\n\nshall be published in some such newspaper of general\n\ncirculation which is published in an adjoining county.\n\nAll named parties and their unknown successors who may\n\nbe served by publication may be included in one\n\nnotice. The notice shall state the court in which the\n\npetition is filed and the names of the plaintiff and\n\nthe parties served by publication, and shall designate\n\nthe parties whose unknown successors are being served.\n\nThe notice shall also state that the named defendants\n\nand their unknown successors have been sued and must\n\nanswer the petition on or before a time to be stated\n\n(which shall not be less than forty-one (41) days from\n\nthe date of the first publication), or judgment, the\n\nnature of which shall be stated, will be rendered\n\naccordingly. If jurisdiction of the court is based on\n\nproperty, any real property subject to the\n\njurisdiction of the court and any property or debts to\n\nbe attached or garnished must be described in the\n\nnotice.\n\n(1) When the recovery of money is sought, it is not\n\nnecessary for the publication notice to state the\n\nseparate items involved, but the total amount\n\nthat is claimed must be stated. When interest is\n\nclaimed, it is not necessary to state the rate of\n\ninterest, the date from which interest is claimed\n\nor that interest is claimed until the obligation\n\nis paid.\n\n(2) It is not necessary for the publication notice to\n\nstate that the judgment will include recovery of\n\ncosts in order for a judgment following the\n\npublication notice to include costs of suit.\ns claimed must be stated. When interest is\n\nclaimed, it is not necessary to state the rate of\n\ninterest, the date from which interest is claimed\n\nor that interest is claimed until the obligation\n\nis paid.\n\n(2) It is not necessary for the publication notice to\n\nstate that the judgment will include recovery of\n\ncosts in order for a judgment following the\n\npublication notice to include costs of suit.\n\n(3) In an action to quiet title to real property, it\n\nis not necessary for the publication notice to\n\nstate the nature of the claim or interest of\n\neither party, and in describing the nature of the\n\njudgment that will be rendered should the\n\ndefendant fail to answer, it is sufficient to\n\nstate that a decree quieting plaintiff's title to\n\nthe described property will be entered. It is\n\nnot necessary to state that a decree forever\n\nbarring the defendant from asserting any interest\n\nin or to the property is sought or will be\n\nentered if the defendant does not answer.\n\n(4) In an action to foreclose a mortgage, it is\n\nsufficient that the publication notice state that\n\nif the defendant does not answer, the defendant's\n\ninterest in the property will be foreclosed. It\n\nis not necessary to state that a judgment forever\n\nbarring the defendant from all right, title,\n\ninterest, estate, property and equity of\n\nredemption in or to the property or any part\n\nthereof is requested or will be entered if the\n\ndefendant does not answer.\n\nd. Service by publication is complete when made in the\n\nmanner and for the time prescribed in subparagraph c\n\nof this paragraph. Service by publication shall be\n\nproved by the affidavit of any person having knowledge\n\nof the publication. No default judgment may be\n\nentered on such service until proof of service by\n\npublication is filed with and approved by the court.\n\ne. Before entry of a default judgment or order against a\n\nparty who has been served solely by publication under\n\nthis paragraph, the court shall conduct an inquiry to\n\ndetermine whether the plaintiff, or someone acting in\n\nbehalf of the plaintiff, made a distinct and\n\nmeaningful search of all reasonably available sources\n\nto ascertain the whereabouts of any named parties who\n\nhave been served solely by publication under this\n\nparagraph. Before entry of a default judgment or\n\norder against the unknown successors of a named\n\ndefendant, a named decedent or a dissolved\n\npartnership, corporation or association, the court\n\nshall conduct an inquiry to ascertain whether the\n\nrequirements described in subparagraph b of this\n\nparagraph have been satisfied.\n\nf. A party against whom a default judgment or order has\n\nbeen rendered, without other service than by\n\npublication in a newspaper, may, at any time within\n\nthree (3) years after the filing of the judgment or\n\norder, have the judgment or order set aside in the\n\nmanner prescribed in Sections 1031.1 and 1033 of this\n\ntitle. Before the judgment or order is set aside, the\n\napplicant shall notify the adverse party of the\n\nintention to make an application and shall file a full\n\nanswer to the petition, pay all costs if the court\n\nrequires them to be paid and satisfy the court by\n\naffidavit or other evidence that during the pendency\n\nof the action the applicant had no actual notice\n\nthereof in time to appear in court and make a defense.\n\nThe title to any property which is the subject of and\n\nwhich passes to a purchaser in good faith by or in\n\nconsequence of the judgment or order to be opened\n\nshall not be affected by any proceedings under this\n\nsubparagraph. Nor shall proceedings under this\n\nsubparagraph affect the title of any property sold\n\nbefore judgment under an attachment. The adverse\n\nparty, on the hearing of an application to open a\n\njudgment or order as provided by this subparagraph,\n\nshall be allowed to present evidence to show that\n\nduring the pendency of the action the applicant had\nbe affected by any proceedings under this\n\nsubparagraph. Nor shall proceedings under this\n\nsubparagraph affect the title of any property sold\n\nbefore judgment under an attachment. The adverse\n\nparty, on the hearing of an application to open a\n\njudgment or order as provided by this subparagraph,\n\nshall be allowed to present evidence to show that\n\nduring the pendency of the action the applicant had\n\nnotice thereof in time to appear in court and make a\n\ndefense.\n\ng. The term \"successors\" includes all heirs, executors,\n\nadministrators, devisees, trustees and assigns,\n\nimmediate and remote, of a named individual,\n\npartnership, corporation or association.\n\nh. Service outside of the state does not give the court\n\nin personal jurisdiction over a defendant who is not\n\nsubject to the jurisdiction of the courts of this\n\nstate or who has not, either in person or through an\n\nagent, submitted to the jurisdiction of the courts of\n\nthis state.\n\n4. SERVICE ON THE SECRETARY OF STATE.\n\na. Service of process on a domestic or foreign\n\ncorporation may be made by serving the Secretary of\n\nState as the corporation's agent, if:\n\n(1) there is no registered agent for the corporation\n\nlisted in the records of the Secretary of State,\n\nor\n\n(2) neither the registered agent nor an officer of\n\nthe corporation could be found at the registered\n\noffice of the corporation, when service of\n\nprocess was attempted.\n\nb. Before resorting to service on the Secretary of State\n\nthe plaintiff must have attempted service either in\n\nperson or by mail on the corporation at:\n\n(1) the corporation's last-known address shown on the\n\nrecords of the Franchise Tax Division of the\n\nOklahoma Tax Commission, if any is listed there,\n\nand\n\n(2) the corporation's last-known address shown on the\n\nrecords of the Secretary of State, if any is\n\nlisted there, and\n\n(3) the corporation's last address known to the\n\nplaintiff.\n\nIf any of these addresses are the same, the plaintiff\n\nis not required to attempt service more than once at\n\nany address. The plaintiff shall furnish the\n\nSecretary of State with a certified copy of the return\n\nor returns showing the attempted service.\n\nc. Service on the Secretary of State shall be made by\n\nfiling two (2) copies of the summons and petition with\n\nthe Secretary of State, notifying the Secretary of\n\nState that service is being made pursuant to the\n\nprovisions of this paragraph, and paying the Secretary\n\nof State the fee prescribed in paragraph 7 of\n\nsubsection A of Section 1142 of Title 18 of the\n\nOklahoma Statutes, which fee shall be taxed as part of\n\nthe costs of the action, suit or proceeding if the\n\nplaintiff shall prevail therein. If a registered\n\nagent for the corporation is listed in the records of\n\nthe Secretary of State, the plaintiff must also\n\nfurnish a certified copy of the return showing that\n\nservice on the registered agent has been attempted\n\neither in person or by mail, and that neither the\n\nregistered agent nor an officer of the corporation\n\ncould be found at the registered office of the\n\ncorporation.\n\nd. Within three (3) working days after receiving the\n\nsummons and petition, the Secretary of State shall\n\nsend notice by letter, certified mail, return receipt\n\nrequested, directed to the corporation at its\n\nregistered office or the last-known address found in\n\nthe office of the Secretary of State, or if no address\n\nis found there, to the corporation's last-known\n\naddress provided by the plaintiff. The notice shall\n\nenclose a copy of the summons and petition and any\n\nother papers served upon the Secretary of State. The\n\ncorporation shall not be required to serve its answer\n\nuntil forty (40) days after service of the summons and\n\npetition on the Secretary of State.\n\ne. Before entry of a default judgment or order against a\n\ncorporation that has been served by serving the\n\nSecretary of State as its agent under this paragraph,\n\nthe court shall determine whether the requirements of\ned upon the Secretary of State. The\n\ncorporation shall not be required to serve its answer\n\nuntil forty (40) days after service of the summons and\n\npetition on the Secretary of State.\n\ne. Before entry of a default judgment or order against a\n\ncorporation that has been served by serving the\n\nSecretary of State as its agent under this paragraph,\n\nthe court shall determine whether the requirements of\n\nthis paragraph have been satisfied. A default\n\njudgment or order against a corporation that has been\n\nserved only by service on the Secretary of State may\n\nbe set aside upon motion of the corporation in the\n\nmanner prescribed in Section 1031.1 of this title, or\n\nupon petition of the corporation in the manner\n\nprescribed in Section 1033 of this title, if the\n\ncorporation demonstrates to the court that it had no\n\nactual notice of the action in time to appear and make\n\nits defense. A petition shall be filed within one (1)\n\nyear after the corporation has notice of the default\n\njudgment or order but in no event more than two (2)\n\nyears after the filing of the default judgment or\n\norder.\n\nf. The Secretary of State shall maintain an alphabetical\n\nrecord of service setting forth the name of the\n\nplaintiff and defendant, the title, docket number and\n\nnature of the proceeding in which the process has been\n\nserved upon the defendant, the fact that service has\n\nbeen effected pursuant to the provisions of this\n\nparagraph, the return date thereof and the date when\n\nthe service was made. The Secretary of State shall\n\nnot be required to retain this information for a\n\nperiod longer than five (5) years from receipt of the\n\nservice of process.\n\ng. The provisions of this paragraph shall not apply to a\n\nforeign insurance company doing business in this\n\nstate.\n\n5. SERVICE BY ACKNOWLEDGMENT. An acknowledgment on the back of\n\nthe summons or the voluntary appearance of a defendant is equivalent\n\nto service.\n\n6. SERVICE BY OTHER METHODS. If service cannot be made by\n\npersonal delivery or by mail, a defendant of any class referred to\n\nin division (1) or (3) of subparagraph c of paragraph 1 of this\n\nsubsection may be served as provided by court order in a manner\n\nwhich is reasonably calculated to give the defendant actual notice\n\nof the proceedings and an opportunity to be heard and upon filing an\n\naffidavit by the plaintiff or plaintiff's attorney that with due\n\ndiligence service cannot otherwise be made upon the defendant.\n\n7. NO SERVICE BY PRISONER. No prisoner in any jail, Department\n\nof Corrections facility, private prison, or parolee or probationer\n\nunder supervision of the Department of Corrections shall be\n\nappointed by any court to serve process on any defendant, party or\n\nwitness.\n\nD. SUMMONS AND PETITION. The summons and petition shall be\n\nserved together. The plaintiff shall furnish the person making\n\nservice with such copies as are necessary. The failure to serve a\n\ncopy of the petition with the summons is not a ground for dismissal\n\nfor insufficiency of service of process, but on motion of the party\n\nserved, the court may extend the time to answer or otherwise plead.\n\nIf a summons and petition are served by personal delivery, the\n\nperson serving the summons shall state on the copy that is left with\n\nthe person served the date that service is made. This provision is\n\nnot jurisdictional, but if the failure to comply with it prejudices\n\nthe party served, the court, on motion of the party served, may\n\nextend the time to answer or otherwise plead.\n\nE. SUMMONS: TERRITORIAL LIMITS OF EFFECTIVE SERVICE.\n\n1. Service of the summons and petition may be made anywhere\n\nwithin this state in the manner provided by subsection C of this\n\nsection.\n\n2. When the exercise of jurisdiction is authorized by\n\nsubsection F of this section, service of the summons and petition\n\nmay be made outside this state:\n\na. by personal delivery in the manner prescribed for\nE. SUMMONS: TERRITORIAL LIMITS OF EFFECTIVE SERVICE.\n\n1. Service of the summons and petition may be made anywhere\n\nwithin this state in the manner provided by subsection C of this\n\nsection.\n\n2. When the exercise of jurisdiction is authorized by\n\nsubsection F of this section, service of the summons and petition\n\nmay be made outside this state:\n\na. by personal delivery in the manner prescribed for\n\nservice within this state,\n\nb. in the manner prescribed by the law of the place in\n\nwhich the service is made for service in that place in\n\nan action in any of its courts of general\n\njurisdiction,\n\nc. in the manner prescribed by paragraph 2 of subsection\n\nC of this section,\n\nd. as directed by the foreign authority in response to a\n\nletter rogatory,\n\ne. in the manner prescribed by paragraph 3 of subsection\n\nC of this section only when permitted by subparagraphs\n\na and b of paragraph 3 of subsection C of this\n\nsection, or\n\nf. as directed by the court.\n\n3. Proof of service outside this state may be made in the\n\nmanner prescribed by subsection G of this section, the order\n\npursuant to which the service is made, or the law of the place in\n\nwhich the service is made for proof of service in an action in any\n\nof its courts of general jurisdiction.\n\n4. Service outside this state may be made by an individual\n\npermitted to make service of process under the law of this state or\n\nunder the law of the place in which the service is made or who is\n\ndesignated to make service by a court of this state.\n\n5. When subsection C of this section requires that in order to\n\neffect service one or more designated individuals be served, service\n\noutside this state under this section must be made upon the\n\ndesignated individual or individuals.\n\n6. a. A court of this state may order service upon any\n\nperson who is domiciled or can be found within this\n\nstate of any document issued in connection with a\n\nproceeding in a tribunal outside this state. The\n\norder may be made upon application of any interested\n\nperson or in response to a letter rogatory issued by a\n\ntribunal outside this state and shall direct the\n\nmanner of service.\n\nb. Service in connection with a proceeding in a tribunal\n\noutside this state may be made within this state\n\nwithout an order of court.\n\nc. Service under this paragraph does not, of itself,\n\nrequire the recognition or enforcement of an order,\n\njudgment or decree rendered outside this state.\n\nF. ASSERTION OF JURISDICTION. A court of this state may\n\nexercise jurisdiction on any basis consistent with the Constitution\n\nof this state and the Constitution of the United States.\n\nG. RETURN.\n\n1. The person serving the process shall make proof of service\n\nthereof to the court promptly and in any event within the time\n\nduring which the person served must respond to the process, but the\n\nfailure to make proof of service does not affect the validity of the\n\nservice.\n\n2. When process has been served by a sheriff or deputy sheriff\n\nand return thereof is filed in the office of the court clerk, a copy\n\nof the return shall be sent by the court clerk to the plaintiff's\n\nattorney within three (3) days after the return is filed. If\n\nservice is made by a person other than a sheriff or deputy sheriff,\n\nthe licensed process server shall make affidavit thereof. The\n\nreturn shall set forth the county of issuance, the name of the\n\nperson served and the date, place and method of service.\n\n3. If service was by mail, the person mailing the summons and\n\npetition shall endorse on the copy of the summons or order of the\n\ncourt that is filed in the action the date and place of mailing and\n\nthe date when service was receipted or service was rejected, and\n\nshall attach to the copy of the summons or order a copy of the\n\nreturn receipt or returned envelope, if and when received, showing\n\nwhether the mailing was accepted, refused or otherwise returned. If\n\nthe mailing was refused, the return shall also show the date and\ncourt that is filed in the action the date and place of mailing and\n\nthe date when service was receipted or service was rejected, and\n\nshall attach to the copy of the summons or order a copy of the\n\nreturn receipt or returned envelope, if and when received, showing\n\nwhether the mailing was accepted, refused or otherwise returned. If\n\nthe mailing was refused, the return shall also show the date and\n\nplace of any subsequent mailing pursuant to paragraph 2 of\n\nsubsection C of this section. When the summons and petition are\n\nmailed by the court clerk, the court clerk shall notify the\n\nplaintiff's attorney within three (3) days after receipt of the\n\nreturned card or envelope showing that the card or envelope has been\n\nreceived.\n\nH. AMENDMENT. At any time in its discretion and upon such\n\nterms as it deems just, the court may allow any process or proof of\n\nservice thereof to be amended, unless it clearly appears that\n\nmaterial prejudice would result to the substantial rights of the\n\nparty against whom the process issued.\n\nI. SUMMONS: TIME LIMIT FOR SERVICE. If service of process is\n\nnot made upon a defendant within one hundred eighty (180) days after\n\nthe filing of the petition and the plaintiff has not shown good\n\ncause why such service was not made within that period, the action\n\nshall be deemed dismissed as to that defendant without prejudice and\n\nSection 100 of this title shall be applicable to any refiling of the\n\naction. Upon application of a defendant not timely served, the\n\ncourt shall enter an order dismissing the action as to that\n\ndefendant. The court shall enter a dismissal order of an action\n\nwithin two hundred (200) days after the filing of the action in\n\nwhich no service has been made on any defendant as required pursuant\n\nto this section and such order shall be mailed to the address of the\n\nparty or the party's attorney of record. The action shall not be\n\ndismissed if a summons was served on the defendant within one\n\nhundred eighty (180) days after the filing of the petition and a\n\ncourt later holds that the summons or its service was invalid.\n\nAfter a court quashes a summons or its service, a new summons may be\n\nserved on the defendant within a time specified by the judge. If\n\nthe new summons is not served within the specified time, the action\n\nshall be deemed to have been dismissed without prejudice as to that\n\ndefendant. This subsection shall not apply with respect to a\n\ndefendant who has been outside of this state for one hundred eighty\n\n(180) days following the filing of the petition.","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":"43f33994ab756bee26d03961b1b7508b25a3455795595b24ba0786fc3a4699ff","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-2003.3","next":"us-ok/okla.-stat.-tit.-12-12-2004.1"},"notice":"GroundRules: Original legal text. Not legal advice."}