{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-29","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-29","heading":"Clerks to file and preserve papers - Refusal to file sham","body":"legal process.\n\nA. It is the duty of the clerk of each of the courts to file\n\ntogether and carefully preserve in his office, all papers delivered\n\nto him for that purpose, except as provided in subsection B of this\n\nsection, in every action or special proceeding.\n\nB. The court clerk may refuse to file any document presented\n\nfor filing if the clerk believes that the document constitutes sham\n\nlegal process, as defined by Section 1533 of Title 21 of the\n\nOklahoma Statutes.\n\nC. 1. Any person aggrieved by the refusal of a court clerk to\n\nfile any document provided for in subsection A of this section may\n\npetition the district court for a writ of mandamus to compel the\n\nclerk to file the tendered document.\n\n2. At the time of refusal, the person aggrieved shall file a\n\nnotice of refusal with the court clerk for the purpose of tolling\n\nany applicable statute of limitations in the event the person\n\nprevails in any action so commenced, if the person wishes for the\n\nstatute of limitations to be tolled. The refusal notice shall be\n\nsubmitted on a form provided by the court clerk, but must be filled\n\nout by the aggrieved party. A copy of the instrument that the clerk\n\nrefused to file must be attached to the notice of refusal. The\n\ncourt clerk shall stamp the date of refusal on the notice of\n\nrefusal.\n\nThe refusal notice shall be in the following form:\n\nSTATE OF OKLAHOMA\n\n__________ COUNTY\n\nNOTICE OF REFUSAL\n\nThe Office of Court Clerk of __________ County, Oklahoma, has on\n\n__________ (date) refused to file a document designated ___________\n\n(title of document or brief description of document). A copy of the\n\nrefused document must be attached to this notice of refusal or the\n\nclerk cannot accept it for filing.\n\nSigned:_____________ Signed: ________________________\n\nCourt Clerk Aggrieved party or attorney\n\nfor aggrieved party\n\n_______County, Oklahoma\n\nAddress:__________________\n\n__________________________\n\n3. The action for mandamus must be filed with the district\n\ncourt within twenty (20) days after the notice of refusal is filed\n\nwith the county clerk. If the writ of mandamus is granted, the\n\ncourt clerk shall refund the fee for filing the action. Notice of\n\nthe pendency of a mandamus action filed pursuant to this section\n\nshall be filed in accordance with Section 2004.2 of this title. If\n\nthe court determines that the tendered document is not sham legal\n\nprocess, the court shall order the clerk to file the tendered paper\n\nor papers. For any instrument which the court orders to be filed\n\npursuant to this subsection, the date of filing shall be retroactive\n\nto the date the notice of refusal was filed.\n\nD. If a court clerk improperly files or refuses to file a\n\ndocument provided for in subsection B of this section, the clerk\n\nshall be immune from liability for such action in any civil suit.\n\nE. A clerk shall post a sign, in letters at least one (1) inch\n\nin height, that is clearly visible to the general public in or near\n\nthe clerk's office stating that it is a felony to intentionally or\n\nknowingly file or attempt to file sham legal process with the clerk.\n\nFailure of the clerk to post such a sign shall not create a defense\n\nto any criminal or civil action based on sham legal process.\n\nR.L. 1910, § 5329. Amended by Laws 1997, c. 405, § 2, emerg. eff.\n\nJune 13, 1997.","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":"908dfd78ab8b671ef8282f1f34d37ff2251ca95584dc6b06a48ace7ea39acb48","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-2806","next":"us-ok/okla.-stat.-tit.-12-12-2901"},"notice":"GroundRules: Original legal text. Not legal advice."}