Okla. Stat. tit. 12, § 12-655
This is the official text of Okla. Stat. tit. 12, § 12-655, 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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Petition for new trial on grounds discovered more than 10
Official statutory text
days after judgment, decree, or appealable order was filed.
Where the grounds for a new trial could not with reasonable
diligence have been discovered before but are discovered more than
ten (10) days after the judgment, decree, or appealable order was
filed, or where the impossibility of preparing a record for an
appeal, without fault of the complaining party, arose more than ten
(10) days after the judgment, decree, or appealable order was filed,
the application may be made by petition filed in the original case,
as in other cases, within thirty (30) days after such discovery or
occurrence; on which a summons shall issue, be returnable and
served, or publication made, as in the beginning of civil actions,
or service may be made on the attorney of record in the original
case. The facts stated in the petition shall be considered as
denied without answer, and the case shall be heard and summarily
decided after the expiration of twenty (20) days from the date of
service and not more than sixty (60) days after service, and the
witnesses shall be examined in open court, or their depositions
taken as in other cases; but no petition shall be filed more than
one (1) year after the filing of the final judgment.
R.L. 1910, § 5037. Amended by Laws 1969, c. 304, § 2, emerg. eff.
April 28, 1969; Laws 1990, c. 251, § 11, eff. Jan. 1, 1991; Laws
1999, c. 293, § 6, eff. Nov. 1, 1999.
Where the grounds for a new trial could not with reasonable
diligence have been discovered before but are discovered more than
ten (10) days after the judgment, decree, or appealable order was
filed, or where the impossibility of preparing a record for an
appeal, without fault of the complaining party, arose more than ten
(10) days after the judgment, decree, or appealable order was filed,
the application may be made by petition filed in the original case,
as in other cases, within thirty (30) days after such discovery or
occurrence; on which a summons shall issue, be returnable and
served, or publication made, as in the beginning of civil actions,
or service may be made on the attorney of record in the original
case. The facts stated in the petition shall be considered as
denied without answer, and the case shall be heard and summarily
decided after the expiration of twenty (20) days from the date of
service and not more than sixty (60) days after service, and the
witnesses shall be examined in open court, or their depositions
taken as in other cases; but no petition shall be filed more than
one (1) year after the filing of the final judgment.
R.L. 1910, § 5037. Amended by Laws 1969, c. 304, § 2, emerg. eff.
April 28, 1969; Laws 1990, c. 251, § 11, eff. Jan. 1, 1991; Laws
1999, c. 293, § 6, eff. Nov. 1, 1999.
Status: in_force · Read it on the official government site
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