Okla. Stat. tit. 12, § 12-2027

APPENDIX OF FORMS

Form 1.

SUMMONS

IN THE DISTRICT COURT

OF ________________ COUNTY, STATE OF OKLAHOMA

A.B., Plaintiff )

v. ) No. ___________

C.D., Defendant )

Summons

To the above-named Defendant:

You have been sued by the above-named plaintiff, and you are

directed to file a written answer to the attached petition in the

court at the above address within twenty (20) days after service of

this summons upon you, exclusive of the day of service. Within the

same time, a copy of your answer must be delivered or mailed to the

attorney for the plaintiff.

Unless you answer the petition within the time stated, judgment

will be rendered against you with costs of the action.

___________, Court Clerk

by___________, Deputy Court Clerk

(Seal)

Attorney(s) for Plaintiff(s):

Name _______________________

Address ____________________

____________________________

Telephone Number ___________

This summons was served on _________________

(date of service)

_____________________________________

(Signature of person serving summons)

YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY MATTER CONNECTED

WITH THIS SUIT OR YOUR ANSWER. SUCH ATTORNEY SHOULD BE CONSULTED

IMMEDIATELY SO THAT AN ANSWER MAY BE FILED WITHIN THE TIME LIMIT

STATED IN THE SUMMONS.

Oklahoma Statutes - Title 12. Civil Procedure Page 430

Form 2.

PETITION ON A PROMISSORY NOTE

1. Defendant on or about June 1, 19__, executed and delivered

to plaintiff a promissory note (in the following words and figures:

(here set out the note verbatim)); (a copy of which is hereto

annexed as Exhibit A); (whereby defendant promised to pay to

plaintiff or order on June 1, 19__, the sum of ______ dollars with

interest thereon at the rate of ____ percent per annum).

2. Defendant owes to plaintiff the amount of said note and

interest.

Wherefore plaintiff demands judgment against defendant for the

sum of _______ dollars, interest, and costs including reasonable

attorney fees.

Signed: __________________________

Attorney for Plaintiff

Address: _________________________

Form 3.

PETITION ON AN ACCOUNT

Defendant owes plaintiff ______ dollars according to the account

hereto annexed as Exhibit A.

Wherefore (etc. as in Form 2.)

Form 4.

PETITION FOR GOODS SOLD AND DELIVERED

Defendant owes plaintiff _______ dollars for goods sold and

delivered by plaintiff to defendant between June 1, 19__, and

December 1, 19__.

Wherefore (etc. as in Form 2.)

Form 5.

PETITION FOR MONEY LENT

Defendant owes plaintiff ________ dollars for money lent by

plaintiff to defendant on June 1, 19__.

Wherefore (etc. as in Form 2.)

Form 6.

PETITION FOR MONEY PAID BY MISTAKE

Defendant owes plaintiff ________ dollars for money paid by

plaintiff to defendant by mistake on June 1, 19__, under the

following circumstances: (here state the circumstances with

particularity--see subsection B of Section 2009 of this title)

Wherefore plaintiff demands judgment against defendant for the

sum of _______ dollars, interest, and costs.

Form 7.

PETITION FOR MONEY HAD AND RECEIVED

Defendant owes plaintiff _______ dollars for money had and

received from one G.H. on June 1, 19__, to be paid by defendant to

plaintiff.

Wherefore (etc. as in Form 6.)

Form 8.

Oklahoma Statutes - Title 12. Civil Procedure Page 431

PETITION FOR NEGLIGENCE

1. On June 1, 19__, on a public roadway called Utica Avenue in

Tulsa, Oklahoma, defendant negligently drove a motor vehicle against

plaintiff who was then crossing said roadway.

2. As a result plaintiff was thrown down and had his leg broken

and was otherwise injured, was prevented from transacting his

business, suffered great pain of body and mind, and incurred

expenses for medical attention and hospitalization.

Wherefore plaintiff demands judgment against defendant in the

sum of ______ dollars, interest, and costs.

Form 9.

PETITION FOR NEGLIGENCE WHERE PLAINTIFF

IS UNABLE TO DETERMINE DEFINITELY WHETHER

THE PERSON RESPONSIBLE IS C.D. OR E.F. OR
jured, was prevented from transacting his

business, suffered great pain of body and mind, and incurred

expenses for medical attention and hospitalization.

Wherefore plaintiff demands judgment against defendant in the

sum of ______ dollars, interest, and costs.

Form 9.

PETITION FOR NEGLIGENCE WHERE PLAINTIFF

IS UNABLE TO DETERMINE DEFINITELY WHETHER

THE PERSON RESPONSIBLE IS C.D. OR E.F. OR

WHETHER BOTH ARE RESPONSIBLE AND WHERE HIS

EVIDENCE MAY JUSTIFY A FINDING OF

WILLFULNESS OR OF RECKLESSNESS OR OF NEGLIGENCE

AND A PRAYER FOR PUNITIVE DAMAGES

A.B., Plaintiff )

v. ) No.__________________

C.D. and E.F., Defendants)

Petition

1. On June 1, 19__, on a public roadway called Utica Avenue in

Tulsa, Oklahoma, defendant C.D. or defendant E.F., or both

defendants C.D. and E.F. willfully or recklessly or negligently

drove or caused to be driven a motor vehicle against plaintiff who

was then crossing said roadway.

2. As a result plaintiff was thrown down and had his leg broken

and was otherwise injured, was prevented from transacting his

business, suffered great pain of body and mind, and incurred

expenses for medical attention and hospitalization.

Wherefore plaintiff demands judgment against C.D. or against

E.F. or against both for actual and punitive damages in the sum of

____________ dollars, interest, and costs.

Form 10.

PETITION FOR CONVERSION

On or about December 1, 19__, defendant converted to his own use

ten bonds of the _____________ Company (here insert brief

identification as by number and issue) of the value of __________

dollars, the property of plaintiff.

Wherefore plaintiff demands judgment against defendant in the

sum of _________ dollars, interest and costs.

Form 11.

PETITION FOR SPECIFIC PERFORMANCE

OF CONTRACT TO CONVEY LAND

Oklahoma Statutes - Title 12. Civil Procedure Page 432

1. On or about December 1, 19__, plaintiff and defendant

entered into an agreement in writing, a copy of which is hereto

annexed as Exhibit A.

2. In accord with the provisions of said agreement plaintiff

tendered to defendant the purchase price and requested a conveyance

of the land, but defendant refused to accept the tender and refused

to make the conveyance.

3. Plaintiff now offers to pay the purchase price.

Wherefore plaintiff demands:

(1) that defendant be required specifically to perform said

agreement;

(2) damages in the sum of One Thousand Dollars ($1,000.00); and

(3) that if specific performance is not granted plaintiff have

judgment against defendant in the sum of _________ dollars.

Form 12.

PETITION ON CLAIM FOR DEBT AND TO SET ASIDE

FRAUDULENT CONVEYANCE UNDER SUBSECTION B

OF SECTION 2018 OF THIS TITLE

A.B., Plaintiff )

v. ) No.__________________

C.D. and E.F., Defendants)

Petition

1. Defendant C.D. on or about _____________ executed and

delivered to plaintiff a promissory note (in the following words and

figures: (here set out the note verbatim)); (a copy of which is

hereto annexed as Exhibit A); (whereby defendant C.D. promised to

pay to plaintiff or order on __________ the sum of Five Thousand

Dollars ($5,000.00) with interest thereon at the rate of __% per

annum).

2. Defendant C.D. owes to plaintiff the amount of said note and

interest.

3. Defendant C.D. on or about ___________ conveyed all his

property, real and personal (or specify and describe) to defendant

E.F. for the purpose of defrauding plaintiff and hindering and

delaying the collection of the indebtedness evidenced by the note

above referred to.

Wherefore plaintiff demands:

(1) That plaintiff have judgment against defendant C.D. for

_________ dollars and interest;

(2) That the aforesaid conveyance to defendant E.F. be declared

void and the judgment herein be declared a lien on said property;

and
he purpose of defrauding plaintiff and hindering and

delaying the collection of the indebtedness evidenced by the note

above referred to.

Wherefore plaintiff demands:

(1) That plaintiff have judgment against defendant C.D. for

_________ dollars and interest;

(2) That the aforesaid conveyance to defendant E.F. be declared

void and the judgment herein be declared a lien on said property;

and

(3) That plaintiff have judgment against the defendants for

costs, including reasonable attorney fees.

Form 13.

PETITION FOR NEGLIGENCE UNDER

FEDERAL EMPLOYERS' LIABILITY ACT

Oklahoma Statutes - Title 12. Civil Procedure Page 433

1. During all the times herein mentioned defendant owned and

operated in interstate commerce a railroad which passed through a

tunnel located at ________ and known as Tunnel No. _____.

2. On or about June 1, 19__, defendant was repairing and

enlarging the tunnel in order to protect interstate trains,

passengers and freight from injury and in order to make the tunnel

more conveniently usable for interstate commerce.

3. In the course of thus repairing and enlarging the tunnel on

said day defendant employed plaintiff as one of its workmen, and

negligently put plaintiff to work in a portion of the tunnel which

defendant had left unprotected and unsupported.

4. By reason of defendant's negligence in thus putting

plaintiff to work in that portion of the tunnel, plaintiff was,

while so working pursuant to defendant's orders, struck and crushed

by a rock, which fell from the unsupported portion of the tunnel,

and was (here describe plaintiff's injuries).

5. Prior to these injuries, plaintiff was a strong, able-bodied

man (or woman), capable of earning and actually earning ________

dollars per day. By these injuries he (or she) has been made

incapable of any gainful activity, has suffered great physical and

mental pain, and has incurred expense for medicine, medical

attendance, and hospitalization.

Wherefore plaintiff demands judgment against defendant in the

sum of ________ dollars and costs.

Form 14.

MOTION TO DISMISS, PRESENTING DEFENSES OF FAILURE

TO STATE A CLAIM, OF LACK OF SERVICE OF PROCESS

AND OF IMPROPER VENUE UNDER SUBSECTION B

OF SECTION 2012 OF THIS TITLE

The defendant moves the court as follows:

1. To dismiss the action because the petition fails to state a

claim against defendant upon which relief can be granted, because

plaintiff's claim is barred by the statute of limitations in Section

95 of Title 12 of the Oklahoma Statutes.

2. To dismiss the action or, in lieu thereof, to quash the

return of service of summons on the grounds:

(a) That the defendant is a corporation organized under

the laws of Delaware and was not and is not subject to

service of process within the State of Oklahoma, and
ranted, because

plaintiff's claim is barred by the statute of limitations in Section

95 of Title 12 of the Oklahoma Statutes.

2. To dismiss the action or, in lieu thereof, to quash the

return of service of summons on the grounds:

(a) That the defendant is a corporation organized under

the laws of Delaware and was not and is not subject to

service of process within the State of Oklahoma, and

(b) That the defendant has not been properly served with

process in this action, all of which more clearly

appears in the affidavits of M.N. and X.Y., hereto

annexed as Exhibit A and Exhibit B respectively.

3. To dismiss the action on the ground that it is in the wrong

county, because this is an action for damages to land located in

Cherokee County, and under Section 131 of Title 12 of the Oklahoma

Statutes, this action must be brought in Cherokee County, all of

Oklahoma Statutes - Title 12. Civil Procedure Page 434

which more clearly appears in the affidavits of K.L. and V.W.,

hereto annexed as Exhibits C and D respectively.

Signed: ______________________

Attorney for Defendant

Address: ______________________

Notice of Motion

To: ______________________

Attorney for Plaintiff

Please take notice, that the undersigned will bring the above

motion on for hearing before this Court at Room _____, Tulsa County

Courthouse, City of Tulsa on the _____ day of ___________, 19__, at

10:00 o'clock a.m. of that day or as soon thereafter as counsel can

be heard.

Signed: ______________________

Attorney for Defendant

Address: ______________________

Form 15.

ANSWER PRESENTING DEFENSES UNDER SUBSECTION B

OF SECTION 2012 OF THIS TITLE

First Defense

The petition fails to state a claim against defendant upon which

relief can be granted, because plaintiff is suing on a contract for

the sale of goods for a price of more than Five Hundred Dollars

($500.00), which is not enforceable under Section 2-201 of Title 12A

of the Oklahoma Statutes.

Second Defense

If defendant is indebted to plaintiffs for the goods mentioned

in the petition, he is indebted to them jointly with G.H., G.H. is

alive; is a citizen of the State of Oklahoma and a resident of this

state, is subject to the jurisdiction of this court, as to both

service of process and venue; can be made a party without depriving

this court of jurisdiction of the present parties, and has not been

made a party.

Third Defense

Defendant admits the allegation contained in paragraphs 1 and 4

of the petition; alleges that he is without knowledge or information

sufficient to form a belief as to the truth of the allegations

contained in paragraph 2 of the petition; and denies each and every

other allegation contained in the petition.

Fourth Defense

The right of action set forth in the petition did not accrue

within five (5) years next before the commencement of this action.

Counterclaim

(Here set forth any claim as a counterclaim in the manner in

which a claim is pleaded in a petition.)

Cross-claim Against Defendant M.N.

Oklahoma Statutes - Title 12. Civil Procedure Page 435

(Here set forth the claim constituting a cross-claim against

defendant M.N. in the manner in which a claim is pleaded in a

petition.)

Form 16.

ANSWER TO PETITION SET FORTH IN FORM 7, WITH COUNTERCLAIM

FOR INTERPLEADER

Defense

Defendant denies the allegations stated in paragraph 2 of the

petition to the extent set forth in the counterclaim herein.

Counterclaim for Interpleader

1. Defendant received the sum of ________ dollars as a deposit

from E.F. and defendant claims no interest in the money.

2. Plaintiff has demanded the payment of such deposit to him by

virtue of an assignment of it which he claims to have received from

E.F.

3. E.F. has notified the defendant that he claims such deposit,

that the purported assignment is not valid, and that he holds the

defendant responsible for the deposit.

Wherefore defendant demands:
from E.F. and defendant claims no interest in the money.

2. Plaintiff has demanded the payment of such deposit to him by

virtue of an assignment of it which he claims to have received from

E.F.

3. E.F. has notified the defendant that he claims such deposit,

that the purported assignment is not valid, and that he holds the

defendant responsible for the deposit.

Wherefore defendant demands:

(1) That the court order E.F. to be made a party defendant to

respond to the petition and to this counterclaim.

(2) That the court order the plaintiff and E.F. to interplead

their respective claims.

(3) That the court adjudge whether the plaintiff or E.F. is

entitled to the sum of money.

(4) That the court order the defendant to deposit the money

claimed by the plaintiff and E.F. with the clerk of the court and

discharge the defendant from the action and from all liability in

the premises.

(5) That the court award to the defendant its costs and

attorney's fees.

Form 17.

SUMMONS AND PETITION AGAINST THIRD-PARTY DEFENDANT

IN THE DISTRICT COURT OF

______________ COUNTY, STATE OF OKLAHOMA

A.B., Plaintiff )

v. )

C.D., Defendant and ) No. _________

Third-Party Plaintiff)

v. )

E.F., Third-Party )

Defendant )

Summons

To the above-named Third-Party Defendant:

You have been sued by the above-named defendant and third-party

plaintiff, and you are directed to file a written answer to the

attached third-party petition in the court at the above address

Oklahoma Statutes - Title 12. Civil Procedure Page 436

within twenty (20) days after the service of this summons upon you,

exclusive of the day of service. Within the same time, a copy of

your answer must be delivered or mailed to the attorney for the

third-party plaintiff and to the attorney for the original

plaintiff.

Unless you answer the third-party petition within the time

stated, judgment will be rendered against you with costs of the

action.

__________, Court Clerk

by__________, Deputy Court Clerk

(Seal)

Attorney(s) for Original Plaintiff(s):

Name _____________________

Address __________________

__________________________

Telephone Number _________

Attorney(s) for Third-Party Plaintiff(s):

Name _____________________

Address __________________

__________________________

Telephone Number _________

This summons was served on ____________________ (date of

service)

_____________________________________

(Signature of person serving summons)

YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY MATTER CONNECTED

WITH THIS SUIT OR YOUR ANSWER. SUCH ATTORNEY SHOULD BE CONSULTED

IMMEDIATELY SO THAT AN ANSWER MAY BE FILED WITHIN THE TIME LIMIT

STATED IN THE SUMMONS.

IN THE DISTRICT COURT OF ______________ COUNTY,

STATE OF OKLAHOMA

A.B., Plaintiff )

v. )

C.D., Defendant and ) No. __________

Third-Party Plaintiff)

v. )

E.F., Third-Party )

Defendant )

Third-Party Petition

1. Plaintiff A.B. has filed against defendant C.D. a petition,

a copy of which is hereto attached as "Exhibit A".

2. (Here state the grounds upon which C.D. is entitled to

recover from E.F. all or part of what A.B. may recover from C.D.

The statement should be framed as in an original petition.)

Wherefore C.D. demands judgment against third-party defendant

E.F. for all sums that may be adjudged against defendant C.D. in

favor of plaintiff A.B.

Oklahoma Statutes - Title 12. Civil Procedure Page 437

Signed: _______________________

Attorney for C.D.,

Third-Party Plaintiff

Address: ______________________

Form 18.

MOTION TO BRING IN THIRD-PARTY DEFENDANT

Defendant moves for leave, as third-party plaintiff, to cause to

be served upon E.F. a summons and third-party petition, copies of

which are hereto attached as "Exhibit X".

Signed: ___________________________

Attorney for Defendant C.D.

Address:___________________________

Notice of Motion

(Contents the same as in Form 14. The notice should be

addressed to all parties to the action.)

Exhibit X
ndant moves for leave, as third-party plaintiff, to cause to

be served upon E.F. a summons and third-party petition, copies of

which are hereto attached as "Exhibit X".

Signed: ___________________________

Attorney for Defendant C.D.

Address:___________________________

Notice of Motion

(Contents the same as in Form 14. The notice should be

addressed to all parties to the action.)

Exhibit X

(Contents the same as in Form 17)

Form 19.

NOTICE OF MOTION AND MOTION FOR LEAVE TO INTERVENE AS PLAINTIFF

IN THE DISTRICT COURT OF ____ COUNTY, STATE OF OKLAHOMA

A.B., Plaintiff, )

v. )

C.D., Defendant, ) No. _____

E.F., Applicant for)

intervention )

Notice of Motion and Motion

TO: ____ (Plaintiff) and _____ (Defendant) and to _____ and

____, their respective attorneys

Please be advised that in Room _____, Tulsa County Courthouse,

_____ (address), on ______, 19___, or as soon thereafter as counsel

can be heard, _____ (proposed intervenor) will move for leave to

intervene as plaintiff in the above-styled action on the ground that

he has a claim against the above-named defendant that involves

questions of law and fact in common with those that are involved in

the original action, and that his intervention to assert the claim

will not unduly delay or prejudice the adjudication of the rights of

the original parties. The claim of _____ (proposed intervenor) is

set out in his attached proposed petition in intervention.

The motion will be based on this notice, (the attached affidavit

of _____), and on all the pleadings and records heretofore filed in

this action.

Signed: __________________________

Attorney for E.F.

Applicant for Intervention

Address: __________________________

(Attach Affidavit, if any)

Form 20.

Oklahoma Statutes - Title 12. Civil Procedure Page 438

MOTION TO INTERVENE AS A DEFENDANT UNDER

SECTION 2024 OF THIS TITLE

(Based upon the petition, Form 8)

IN THE DISTRICT COURT OF ______________ COUNTY,

STATE OF OKLAHOMA

A.B., Plaintiff )

v. )

C.D., Defendant ) No. _________

E.F., Applicant for)

intervention )

Motion to Intervene as a Defendant

E.F. moves for leave to intervene as a defendant in this action,

in order to assert the defenses set forth in his proposed answer, of

which a copy is hereto attached, on the ground that he is the

employer of defendant C.D., who was operating a motor vehicle in the

course of his employment at the time of the accident alleged in the

petition, and as such has a defense to plaintiff's claim presenting

both questions of law and of fact which are common to the main

action.

Signed:__________________________

Attorney for E.F.,

Applicant for Intervention

Address: __________________________

Notice of Motion

(Contents the same as in Form 14)

IN THE DISTRICT COURT OF ______________ COUNTY, STATE OF OKLAHOMA

A.B., Plaintiff )

v. )

C.D., Defendant ) No. _________

E.F., Intervenor)

Intervenor's Answer

First Defense

Intervenor denies the allegations stated in paragraphs 1 and 2

of the petition insofar as they assert the negligence of defendant.

Second Defense

Plaintiff was not injured as a result of the negligence of

defendant, since plaintiff was crossing the public street against a

red stoplight and defendant had the right of way.

Signed: __________________

Attorney for E.F.,

Intervenor

Address: __________________

Form 21.

ALLEGATION OF REASON FOR OMITTING PARTY

When it is necessary, under subsection C of Section 2019 of this

title, for the pleader to set forth in his pleading the names of

Oklahoma Statutes - Title 12. Civil Procedure Page 439

persons who ought to be made parties, but who are not so made, there

should be an allegation such as the one set out below:

John Doe, named in this petition, is not made a party to this

action (because he is not subject to the jurisdiction of this

court); (because he cannot be made a party to this action without

depriving this court of jurisdiction).

Form 22.
le 12. Civil Procedure Page 439

persons who ought to be made parties, but who are not so made, there

should be an allegation such as the one set out below:

John Doe, named in this petition, is not made a party to this

action (because he is not subject to the jurisdiction of this

court); (because he cannot be made a party to this action without

depriving this court of jurisdiction).

Form 22.

SUGGESTION OF DEATH UPON THE RECORD UNDER PARAGRAPH 1

OF SUBSECTION A OF SECTION 2025 OF THIS TITLE

A.B. (describe as a party, or as executor, administrator, or

other representative or successor of C.D., the deceased party)

suggests upon the record, pursuant to paragraph 1 of subsection A of

Section 2025 of this title, the death of C.D. (describe as party)

during the pendency of this action.