Okla. Stat. tit. 12, § 12-1757
This is the official text of Okla. Stat. tit. 12, § 12-1757, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Transfer of actions from small claims docket to another
Official statutory text
docket.
A. For matters in which the claim is less than Seven Thousand
Five Hundred Dollars ($7,500.00):
1. On motion of the defendant, a small claims action may, in
the discretion of the court, be transferred from the small claims
docket to another docket of the court; provided, that the motion is
filed and notice is given by the defendant to the opposing party or
parties by mailing a copy of the motion at least forty-eight (48)
hours prior to the time fixed in the order for defendant to appear
or answer; and provided, further, that the defendant deposit the sum
of Fifty Dollars ($50.00) as the court cost; and
2. The motion to transfer shall be heard at the time fixed in
the order and consideration shall be given to any hardship on the
plaintiff, complexity of the case, reason for transfer, and other
relevant matters. If the motion is denied, the action shall remain
on the small claims docket.
B. For matters in which the claim is Seven Thousand Five
Hundred Dollars ($7,500.00) or more, on motion of the defendant, a
small claims action shall be transferred from the small claims
docket to another docket of the court; provided, that the motion is
filed and notice is given by the defendant to the opposing party or
parties by mailing a copy of the motion at least forty-eight (48)
Oklahoma Statutes - Title 12. Civil Procedure Page 334
hours prior to the time fixed in the order for defendant to appear
or answer; and provided, further, that the defendant deposit the sum
of Fifty Dollars ($50.00) as the court cost.
C. If the motion is granted, the defendant as movant shall
present within ten (10) days and the court shall cause to be filed
an order on a form prepared by the Administrative Office of the
Courts transferring the action from the small claims docket to
another docket. If the transfer order is not filed by the movant
within ten (10) days, it shall be reinstated upon the small claims
docket upon motion of the small claims plaintiff, and no further
transfer shall be authorized. Before the transfer is effected, the
movant shall deposit with the clerk the court costs that are charged
in other civil cases under Sections 151 through 157 of Title 28 of
the Oklahoma Statutes, less any sums that have already been paid to
the clerk. After this filing, the costs and other procedural
matters shall be governed as in other civil actions, and not under
small claims procedure.
D. Within twenty (20) days of the date the transfer order is
signed, the plaintiff shall file a petition that conforms to the
standards of pleadings prescribed by the Oklahoma Pleading Code.
The answer of the defendant shall be due within twenty (20) days
after the filing of the petition and the reply of the plaintiff in
ten (10) days after the answer is filed.
1. For matters in which the claim is less than Seven Thousand
Five Hundred Dollars ($7,500.00), if the plaintiff ultimately
prevails in the action so transferred by the defendant, a reasonable
attorney fee shall be allowed to plaintiff's attorney to be taxed as
costs in the case, in addition to any sanctions which the court may
deem appropriate.
2. For matters in which the claim is Seven Thousand Five
Hundred Dollars ($7,500.00) or more, if attorney fees are otherwise
allowed by law, a reasonable attorney fee shall be allowed to be
taxed as costs in the case, in addition to any sanctions which the
court may deem appropriate.
A. For matters in which the claim is less than Seven Thousand
Five Hundred Dollars ($7,500.00):
1. On motion of the defendant, a small claims action may, in
the discretion of the court, be transferred from the small claims
docket to another docket of the court; provided, that the motion is
filed and notice is given by the defendant to the opposing party or
parties by mailing a copy of the motion at least forty-eight (48)
hours prior to the time fixed in the order for defendant to appear
or answer; and provided, further, that the defendant deposit the sum
of Fifty Dollars ($50.00) as the court cost; and
2. The motion to transfer shall be heard at the time fixed in
the order and consideration shall be given to any hardship on the
plaintiff, complexity of the case, reason for transfer, and other
relevant matters. If the motion is denied, the action shall remain
on the small claims docket.
B. For matters in which the claim is Seven Thousand Five
Hundred Dollars ($7,500.00) or more, on motion of the defendant, a
small claims action shall be transferred from the small claims
docket to another docket of the court; provided, that the motion is
filed and notice is given by the defendant to the opposing party or
parties by mailing a copy of the motion at least forty-eight (48)
Oklahoma Statutes - Title 12. Civil Procedure Page 334
hours prior to the time fixed in the order for defendant to appear
or answer; and provided, further, that the defendant deposit the sum
of Fifty Dollars ($50.00) as the court cost.
C. If the motion is granted, the defendant as movant shall
present within ten (10) days and the court shall cause to be filed
an order on a form prepared by the Administrative Office of the
Courts transferring the action from the small claims docket to
another docket. If the transfer order is not filed by the movant
within ten (10) days, it shall be reinstated upon the small claims
docket upon motion of the small claims plaintiff, and no further
transfer shall be authorized. Before the transfer is effected, the
movant shall deposit with the clerk the court costs that are charged
in other civil cases under Sections 151 through 157 of Title 28 of
the Oklahoma Statutes, less any sums that have already been paid to
the clerk. After this filing, the costs and other procedural
matters shall be governed as in other civil actions, and not under
small claims procedure.
D. Within twenty (20) days of the date the transfer order is
signed, the plaintiff shall file a petition that conforms to the
standards of pleadings prescribed by the Oklahoma Pleading Code.
The answer of the defendant shall be due within twenty (20) days
after the filing of the petition and the reply of the plaintiff in
ten (10) days after the answer is filed.
1. For matters in which the claim is less than Seven Thousand
Five Hundred Dollars ($7,500.00), if the plaintiff ultimately
prevails in the action so transferred by the defendant, a reasonable
attorney fee shall be allowed to plaintiff's attorney to be taxed as
costs in the case, in addition to any sanctions which the court may
deem appropriate.
2. For matters in which the claim is Seven Thousand Five
Hundred Dollars ($7,500.00) or more, if attorney fees are otherwise
allowed by law, a reasonable attorney fee shall be allowed to be
taxed as costs in the case, in addition to any sanctions which the
court may deem appropriate.
Status: in_force · Read it on the official government site
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