Okla. Stat. tit. 16, § 16-75

A. To be effective and to be entitled to be recorded, the

notice of claim of interest in land, referred to in Section 74 of

this title, shall contain an accurate and full description of all

land affected by such notice which description shall be set forth in

particular terms and not by general inclusions; but if said claim is

founded upon a recorded instrument, then the description in such

notice may be the same as that contained in such recorded

instrument. Such notice shall be filed for record in the county

clerk's office of the county or counties where the land described

therein is situated. Except as provided in subsection B of this

section, the county clerk of each county shall accept all such

notices presented to him which describe land located in the county

in which he serves and shall enter, record and index the same in the

same way that deeds are recorded and each county clerk shall be

entitled to charge the same fees for the recording thereof as are

charged for recording deeds. In indexing such notices in his

office, each county clerk shall enter such notices in the index of

deeds and in the numerical index. The names of the claimants

appearing in such notices are to be entered as grantees in such

indexes.

B. The county clerk may refuse to file any notice of interest

in land provided for in subsection A of this section, if the clerk

believes that the instrument constitutes sham legal process, as

defined by Section 1533 of Title 21 of the Oklahoma Statutes, or if

the clerk believes the notice is being presented for the purpose of

slandering the title to land.

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C. 1. Any person aggrieved by the refusal of a county clerk to

file any notice provided for in subsection A of this section may

petition the district court for a writ of mandamus to compel the

county clerk to record the notice.

2. At the time of refusal, the person aggrieved shall file a

notice of refusal with the county clerk for the purpose of

preserving priority of filing in the event the person prevails in

any action so commenced, if the person wishes to preserve priority

of filing. The refusal notice shall be submitted on a form provided

by the county clerk, but must be filled out by the aggrieved party.

A copy of the instrument that the clerk refused to file must be

attached to the notice of refusal. The county clerk shall stamp the

date of refusal on the notice of refusal.

3. The refusal notice shall be in the following form:

STATE OF OKLAHOMA

__________ COUNTY

NOTICE OF REFUSAL

The Office of County Clerk of __________ County, Oklahoma, has

on __________ (date) refused to file a document designated

___________ (title of document or brief description of document).

The document constitutes a claim or lien on the following property:

______________ _______________________________________________

(Description of property. In case of real property, description

must be the legal description for the property.) A copy of the

refused document must be attached to this notice of refusal or the

clerk cannot accept it for filing.

Signed:_____________ Signed: ________________________

County Clerk Aggrieved party or attorney

for aggrieved party

_______County, Oklahoma

Address:__________________

__________________________

4. The action for mandamus must be filed with the district

court within twenty (20) days after the notice of refusal is filed

with the county clerk. If the writ of mandamus is granted, the

court clerk shall refund the fee for filing the action. Notice of

the pendency of a mandamus action filed pursuant to this section

shall be filed in accordance with Section 2004.2 of Title 12 of the

Oklahoma Statutes. A file-stamped copy of the notice of the

pendency of the action, identifying the case and the court in which

the action is pending and the legal description of the land affected
court clerk shall refund the fee for filing the action. Notice of

the pendency of a mandamus action filed pursuant to this section

shall be filed in accordance with Section 2004.2 of Title 12 of the

Oklahoma Statutes. A file-stamped copy of the notice of the

pendency of the action, identifying the case and the court in which

the action is pending and the legal description of the land affected

by the action shall be filed with the county clerk. If the court

determines that the notice provided for in subsection A of this

section is not sham legal process or is not for the purpose of

slandering title, the court shall order the county clerk to record

the notice. The court order shall include a notation of the book

and page number of the index in which the notice of refusal is

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located and a statement that abstractors shall not show the pages on

which the attachment to the notice of refusal is located in any

abstract. For any notice which the court orders to be filed

pursuant to this subsection, the date of filing shall be retroactive

to the date the notice of refusal was filed.

5. If the court determines that the notice of claim of interest

in land is sham legal process, the court shall issue an order that

abstractors shall not show the pages on which the attachment to the

notice of refusal is located in any abstract.

D. If a county clerk files a notice of interest in land that is

sham legal process or refuses to file a notice of interest in land

because the clerk believes the notice to be sham legal process, the

clerk shall be immune from liability for such action in any civil

suit.

E. A clerk shall post a sign, in letters at least one (1) inch

in height, that is clearly visible to the general public in or near

the clerk's office stating that it is a felony to intentionally or

knowingly file or attempt to file sham legal process with the clerk.

Failure of the clerk to post such a sign shall not create a defense

to any criminal or civil action based on sham legal process.