Okla. Stat. tit. 12, § 12-842
This is the official text of Okla. Stat. tit. 12, § 12-842, 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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Debtor’s appearance and answer regarding property -
Official statutory text
Subpoena - Contempt citation or bench warrant upon failure to appear
- Discovery - Attorney fee.
A. At any time after a final judgment, order, or decree is
filed, on application of the judgment creditor, a judge of the court
in which the final judgment, order, or decree was rendered shall
order the judgment debtor to appear before the judge, or a referee
appointed by the judge, at a time and place specified in the order,
to answer concerning the judgment debtor’s property. The judge may,
by order, enjoin the judgment debtor from alienating, concealing, or
Oklahoma Statutes - Title 12. Civil Procedure Page 165
encumbering any of the judgment debtor’s nonexempt property pending
the hearing and further order of the court. Upon the judgment
debtor’s disclosure of any nonexempt property, proceedings as
provided by law may be had for the application of the property to
the satisfaction of the judgment. If the judgment debtor is
personally served with an order to appear pursuant to this section,
the judge issuing the order may authorize the issuance of either a
contempt citation or a bench warrant for the judgment debtor’s
failure to comply with the order. If the judgment debtor is served
by other than personal service, the judge may authorize the issuance
of a contempt citation for the judgment debtor’s failure to comply
with the order.
B. At any time after a final judgment, order, or decree is
filed, an attorney for a judgment creditor may:
1. Subpoena the judgment debtor, pursuant to Section 2004.1 of
this title, to appear at any place in the county in which the
judgment, order, or decree was rendered, or the judgment debtor’s
county of residence, to answer concerning the judgment debtor’s
property, income, or liabilities, or to produce documents concerning
the debtor’s property, income, or liabilities. The judgment debtor
shall not be entitled to an attendance fee or mileage;
2. Subpoena any person, pursuant to Section 2004.1 of this
title, to appear at any place in the county where the person is
located, or where service may otherwise be had on the person, to
answer concerning the judgment debtor’s property, income, or
liabilities, or to produce documents concerning the judgment
debtor’s property, income, or liabilities; or
3. Serve interrogatories, requests for admissions, or request
for production of documents, pursuant to Section 3224 et. seq. of
this title, upon the judgment debtor, concerning the judgment
debtor’s property, income, or liabilities.
C. Failure by any person, without good cause, to obey a
subpoena issued and served pursuant to this section by personal
service may be deemed a contempt of the court from which the
subpoena issued.
D. In addition to sums otherwise due under a final judgment,
order, or decree if an order, subpoena, citation for failure to obey
an order to appear or discovery request is served upon the judgment
debtor or any person under this section, the judgment creditor shall
be entitled to costs of service and, if represented by an attorney,
to an attorney fee of One Hundred Dollars ($100.00) for each order
or subpoena to appear, citation for failure to obey an order or
subpoena to appear, and discovery request; provided, attorney fees
awarded pursuant to this subsection relating to a judgment, order,
or decree shall not exceed Three Hundred Dollars ($300.00) in any
calendar year.
Oklahoma Statutes - Title 12. Civil Procedure Page 166
- Discovery - Attorney fee.
A. At any time after a final judgment, order, or decree is
filed, on application of the judgment creditor, a judge of the court
in which the final judgment, order, or decree was rendered shall
order the judgment debtor to appear before the judge, or a referee
appointed by the judge, at a time and place specified in the order,
to answer concerning the judgment debtor’s property. The judge may,
by order, enjoin the judgment debtor from alienating, concealing, or
Oklahoma Statutes - Title 12. Civil Procedure Page 165
encumbering any of the judgment debtor’s nonexempt property pending
the hearing and further order of the court. Upon the judgment
debtor’s disclosure of any nonexempt property, proceedings as
provided by law may be had for the application of the property to
the satisfaction of the judgment. If the judgment debtor is
personally served with an order to appear pursuant to this section,
the judge issuing the order may authorize the issuance of either a
contempt citation or a bench warrant for the judgment debtor’s
failure to comply with the order. If the judgment debtor is served
by other than personal service, the judge may authorize the issuance
of a contempt citation for the judgment debtor’s failure to comply
with the order.
B. At any time after a final judgment, order, or decree is
filed, an attorney for a judgment creditor may:
1. Subpoena the judgment debtor, pursuant to Section 2004.1 of
this title, to appear at any place in the county in which the
judgment, order, or decree was rendered, or the judgment debtor’s
county of residence, to answer concerning the judgment debtor’s
property, income, or liabilities, or to produce documents concerning
the debtor’s property, income, or liabilities. The judgment debtor
shall not be entitled to an attendance fee or mileage;
2. Subpoena any person, pursuant to Section 2004.1 of this
title, to appear at any place in the county where the person is
located, or where service may otherwise be had on the person, to
answer concerning the judgment debtor’s property, income, or
liabilities, or to produce documents concerning the judgment
debtor’s property, income, or liabilities; or
3. Serve interrogatories, requests for admissions, or request
for production of documents, pursuant to Section 3224 et. seq. of
this title, upon the judgment debtor, concerning the judgment
debtor’s property, income, or liabilities.
C. Failure by any person, without good cause, to obey a
subpoena issued and served pursuant to this section by personal
service may be deemed a contempt of the court from which the
subpoena issued.
D. In addition to sums otherwise due under a final judgment,
order, or decree if an order, subpoena, citation for failure to obey
an order to appear or discovery request is served upon the judgment
debtor or any person under this section, the judgment creditor shall
be entitled to costs of service and, if represented by an attorney,
to an attorney fee of One Hundred Dollars ($100.00) for each order
or subpoena to appear, citation for failure to obey an order or
subpoena to appear, and discovery request; provided, attorney fees
awarded pursuant to this subsection relating to a judgment, order,
or decree shall not exceed Three Hundred Dollars ($300.00) in any
calendar year.
Oklahoma Statutes - Title 12. Civil Procedure Page 166
Status: in_force · Read it on the official government site
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