Okla. Stat. tit. 12, § 12-1773
This is the official text of Okla. Stat. tit. 12, § 12-1773, 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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Dismissal of action - Failure to file pleadings or serve
Official statutory text
process.
A. Any action under the Small Claims Procedure Act which is not
at issue and in which no pleading has been filed or other action
taken for one (1) year and in which no motion has been pending
during any part of the year shall be dismissed without prejudice by
the court on its own motion after notice to the parties or their
attorneys of record; providing, the court may, upon written
application and for good cause shown by order in writing, allow the
action to remain on its docket.
B. If service of process under the Small Claims Procedure Act
is not made upon a defendant within one hundred eighty (180) days
after the filing of the affidavit, the action shall be deemed to
have been dismissed without prejudice as to that defendant. The
action shall not be deemed to have been dismissed where a summons
was served on the defendant within one hundred eighty (180) days
after the filing of the affidavit and a court later holds that the
summons or its service was invalid. After a court quashes a summons
or its service, a new summons may be served on the defendant within
a time specified by the judge. If the new summons is not served
within the specified time, the action shall be deemed to have been
dismissed without prejudice as to that defendant. This subsection
shall not apply with respect to a defendant who has been in a
Oklahoma Statutes - Title 12. Civil Procedure Page 341
foreign country for one hundred eighty (180) days following the
filing of the affidavit.
A. Any action under the Small Claims Procedure Act which is not
at issue and in which no pleading has been filed or other action
taken for one (1) year and in which no motion has been pending
during any part of the year shall be dismissed without prejudice by
the court on its own motion after notice to the parties or their
attorneys of record; providing, the court may, upon written
application and for good cause shown by order in writing, allow the
action to remain on its docket.
B. If service of process under the Small Claims Procedure Act
is not made upon a defendant within one hundred eighty (180) days
after the filing of the affidavit, the action shall be deemed to
have been dismissed without prejudice as to that defendant. The
action shall not be deemed to have been dismissed where a summons
was served on the defendant within one hundred eighty (180) days
after the filing of the affidavit and a court later holds that the
summons or its service was invalid. After a court quashes a summons
or its service, a new summons may be served on the defendant within
a time specified by the judge. If the new summons is not served
within the specified time, the action shall be deemed to have been
dismissed without prejudice as to that defendant. This subsection
shall not apply with respect to a defendant who has been in a
Oklahoma Statutes - Title 12. Civil Procedure Page 341
foreign country for one hundred eighty (180) days following the
filing of the affidavit.
Status: in_force · Read it on the official government site
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