In the
state of Oklahoma, process server licenses are required. Once licensed, a bond must be issued in the
State of Oklahoma in the amount of $5,000.
All applicants are also subject to a fee of $35, and must be licensed to
serve process in only the county in which the license is issued. The other option for applicants could be a
fee of $150 statewide licensing. The
license states that process servers are officers of the court only for the
service of process. No testing or
educational class is required to obtain the license.
Table of Contents
SUMMONS: ISSUANCE
SUMMONS: FORM
BY WHOM SERVED: PERSON TO BE SERVED. SERVICE BY PERSONAL
DELIVERY
SUMMONS AND PETITION
SUMMONS: TERRITORIAL LIMITS OF EFFECTIVE SERVICE
ASSERTION OF JURISDICTION
RETURN
Subpoena
SUBPOENA; FORM; ISSUANCE
SERVICE
PROTECTION OF PERSONS SUBJECT TO SUBPOENAS
DUTIES IN RESPONDING TO SUBPOENA
CONTEMPT
Upon filing of the
petition, the clerk shall forthwith issue a summons. Upon request of the
plaintiff separate or additional summons shall issue against any defendants.
1.
The summons shall
be signed by the clerk, be under the seal of the court, contain the name of the
court and the names of the parties, be directed to the defendant, state the
name and address of the plaintiff's attorney, if any, otherwise, the
plaintiff's address, and the time within which these rules require the
defendant to appear and defend, and shall notify the defendant that in case of
failure to appear, judgment by default will be rendered against the defendant
for the relief demanded in the petition.
2.
A judgment by
default shall not be different in kind from or exceed in amount that prayed for
in either the demand for judgment or in cases not sounding in contract in a
notice which has been given the party against whom default judgment is sought. Except
as to a party against whom a judgment is entered by default, every final
judgment shall grant the relief to which the party in whose favor it is
rendered is entitled, even if the party has not demanded such relief in his or
her pleadings.
1.
At the election of
the plaintiff, process, other than a subpoena, shall be served by a sheriff or
deputy sheriff, a person licensed to make service of process in civil cases, or
a person specially appointed for that purpose. The court shall freely make
special appointments to serve all process, other than a subpoena, under this
paragraph.
2.
A summons to be
served by the sheriff or deputy sheriff shall be delivered to the sheriff by
the court clerk or an attorney of record for the plaintiff. When a summons,
subpoena, or other process is to be served by the sheriff or deputy sheriff of
another county, the court clerk shall mail it, together with his voucher for
the fees collected for the service, to the sheriff of that county. The sheriff
shall deposit the voucher in the Sheriff's Service Fee Account created pursuant
to Section 514.1 of Title 19 of the Oklahoma Statutes. The sheriff or deputy
sheriff shall serve the process in the manner that other process issued out of
the court of the sheriff's own county is served. A summons to be served by a
person licensed to make service of process in civil cases or by a person
specially appointed for that purpose shall be delivered by an attorney of
record for the plaintiff to such person.
3.
Service shall be
made as follows:
a.
Upon an individual
other than an infant who is less than fifteen (15) years of age or an
incompetent person, by delivering a copy of the summons and of the petition
personally or by leaving copies thereof at the person's dwelling house or usual
place of abode with some person then residing therein who is fifteen (15) years
of age or older or by delivering a copy of the summons and of the petition to
an agent authorized by appointment or by law to receive service of process;
b.
Upon an infant who
is less than fifteen (15) years of age, by serving the summons and petition
personally and upon either of the infant's parents or guardian, or if they
cannot be found, then upon the person having the care or control of the infant
or with whom the infant lives; and upon an incompetent person by serving the
summons and petition personally and upon the incompetent person's guardian;
c.
Upon a domestic or
foreign corporation or upon a partnership or other unincorporated association
which is subject to suit under a common name, by delivering a copy of the
summons and of the petition to an officer, a managing or general agent, or to
any other agent authorized by appointment or by law to receive service of
process and, if the agent is one authorized by statute to receive service and
the statute so requires, by also mailing a copy to the defendant;
d.
Upon the United
States or an officer or agency thereof in the manner specified by Federal Rule
of Civil Procedure 4;
e.
Upon a state,
county, school district, public trust or municipal corporation or other
governmental organization thereof subject to suit, by delivering a copy of the
summons and of the petition to the officer or individual designated by specific
statute; however, if there is no statute, then upon the chief executive officer
or a clerk, secretary, or other official whose duty it is to maintain the
official records of the organization; and
f.
Upon an inmate
incarcerated in an institution under the jurisdiction and control of the
Department of Corrections, by delivering a copy of the summons and of the
petition to the warden or superintendent or the designee of the warden or
superintendent of the institution where the inmate is housed. It shall be the
duty of the receiving warden or superintendent or a designee to promptly
deliver the summons and petition to the inmate named therein. The warden or
superintendent or his designee shall reject service of process for any inmate
who is not actually present in said institution.
The summons and
petition shall be served together. The plaintiff shall furnish the person
making service with such copies as are necessary. The failure to serve a copy
of the petition with the summons is not a ground for dismissal for
insufficiency of service of process, but on motion of the party served, the
court may extend the time to answer or otherwise plead. If a summons and
petition are served by personal delivery, the person serving the summons shall
state on the copy that is left with the person served the date that service is
made. This provision is not jurisdictional, but if the failure to comply with
it prejudices the party served, the court, on motion of the party served, may
extend the time to answer or otherwise plead.
1.
Service of the
summons and petition may be made anywhere within this state in the manner
provided by subsection C of this section.
2.
When the exercise
of jurisdiction is authorized by subsection F of this section, service of the
summons and petition may be made outside this state:
a.
by personal
delivery in the manner prescribed for service within this state,
b.
in the manner
prescribed by the law of the place in which the service is made for service in
that place in an action in any of its courts of general jurisdiction,
c.
in the manner
prescribed by paragraph 2 of subsection C of this section,
d.
as directed by the
foreign authority in response to a letter rogatory,
e.
in the manner prescribed
by paragraph 3 of subsection C of this section only when permitted by
subparagraphs a and b of paragraph 3 of subsection C of this section, or
f.
as directed by the
court.
3.
Proof of service
outside this state may be made in the manner prescribed by subsection G of this
section, the order pursuant to which the service is made, or the law of the
place in which the service is made for proof of service in an action in any of
its courts of general jurisdiction.
4.
Service outside
this state may be made by an individual permitted to make service of process
under the law of this state or under the law of the place in which the service
is made or who is designated to make service by a court of this state.
5.
When subsection C
of this section requires that in order to effect service one or more designated
individuals be served, service outside this state under this section must be
made upon the designated individual or individuals.
6.
(a) A court of
this state may order service upon any person who is domiciled or can be found
within this state of any document issued in connection with a proceeding in a
tribunal outside this state. The order may be made upon application of any
interested person or in response to a letter rogatory issued by a tribunal
outside this state and shall direct the manner of service.(b) Service in
connection with a proceeding in a tribunal outside this state may be made
within this state without an order of court.(c) Service under this paragraph
does not, of itself, require the recognition or enforcement of an order,
judgment, or decree rendered outside this state.
A court of this
state may exercise jurisdiction on any basis consistent with the Constitution
of this state and the Constitution of the United States.
1.
The person serving
the process shall make proof of service thereof to the court promptly and in
any event within the time during which the person served must respond to the
process, but the failure to make proof of service does not affect the validity
of the service.
2.
When process has
been served by a sheriff or deputy sheriff and return thereof is filed in the
office of the court clerk, a copy of the return shall be sent by the court
clerk to the plaintiff's attorney within three (3) days after the return is
filed. If service is made by a person other than a sheriff, deputy sheriff, or
licensed process server, such person shall make affidavit thereof. The return
shall set forth the name of the person served and the date, place, and method
of service.
3.
If service was by
mail, the person mailing the summons and petition shall endorse on the copy of
the summons or order of the court that is filed in the action the date and
place of mailing and the date when service was receipted or service was
rejected, and he shall attach to the copy of the summons or order a copy of the
return receipt or returned envelope, if and when received by him, showing
whether the mailing was accepted, refused, or otherwise returned. If the
mailing was refused, the return shall also show the date and place of any
subsequent mailing pursuant to paragraph 2 of subsection C of this section.
When the summons and petition are mailed by the court clerk, the court clerk
shall notify the plaintiff's attorney within three (3) days after receipt of
the returned card or envelope showing that the card or envelope has been
received.
AMENDMENT. At any time in its discretion and
upon such terms as it deems just, the court may allow any process or proof of
service thereof to be amended, unless it clearly appears that material
prejudice would result to the substantial rights of the party against whom the
process issued.
1.
Every subpoena
shall:
a.
state the name of
the court from which it is issued and the title of the action; and
b.
command each
person to whom it is directed to attend and give testimony or to produce and
permit inspection and copying of designated books, documents or tangible things
in the possession, custody or control of that person, or to permit inspection
of premises, at a time and place therein specified. A subpoena shall issue from
the court where the action is pending, and it may be served at any place within
the state. If the action is pending outside of Oklahoma, the district court for
the county in which the deposition is to be taken shall issue the subpoena.
Proof of service of a notice to take deposition constitutes a sufficient
authorization for the issuance by the clerk of subpoenas for the persons named
or described therein.
2.
A witness shall be
obligated upon service of a subpoena to attend a trial or hearing at any place
within the state and to attend a deposition or produce or allow inspection of
documents at a location that is authorized by subsection B of Section 3230 of
this title.
3.
The clerk shall
issue a subpoena, or a subpoena for the production of documentary evidence,
signed and sealed but otherwise in blank, to a party requesting it, who shall
fill it in before service. As an officer of the court, an attorney authorized
to practice law in Oklahoma may also issue and sign a subpoena on behalf of an
Oklahoma state court.
1.
Service of a
subpoena upon a person named therein shall be made by delivering or mailing a
copy thereof to such person and, if the person's attendance is demanded, by
tendering to him the fees for one (1) day's attendance and the mileage allowed
by law. Service of a subpoena may be accomplished by any person who is eighteen
(18) years of age or older. A copy of any subpoena that commands production of
documents and things or inspection of premises before trial shall be served on
each party in the manner prescribed by subsection B of Section 2005 of this
title. If the subpoena commands production of documents and things or
inspection of premises from a nonparty before trial but does not require
attendance of a witness, the subpoena shall specify a date for the production
or inspection that is at least seven (7) days after the date that the subpoena
and copies of the subpoena are served on the witness and all parties, and the
subpoena shall include the following language: "In order to allow
objections to the production of documents and things to be filed, you should
not produce them until the date specified in this subpoena, and if an objection
is filed, until the court rules on the objection."
2.
Service of a
subpoena by mail may be accomplished by mailing a copy thereof by certified
mail with return receipt requested and delivery restricted to the person named
in the subpoena. The person serving the subpoena shall make proof of service
thereof to the court promptly and, in any event, before the witness is required
to testify at the hearing or trial. If service is made by a person other than a
sheriff or deputy sheriff, such person shall make affidavit thereof. If service
is by mail, the person serving the subpoena shall show in his proof of service
the date and place of mailing and attach a copy of the return receipt showing
that the mailing was accepted. Failure to make proof of service does not affect
the validity of the service, but service of a subpoena by mail shall not be
effective if the mailing was not accepted by the person named in the subpoena.
Costs of service shall be allowed whether service is made by the sheriff, his
deputy, or any other person. When the subpoena is issued on behalf of a state
department, board, commission, or legislative committee, fees and mileage shall
be paid to the witness at the conclusion of the testimony out of funds
appropriated to the state department, board, commission, or legislative
committee.
1.
A party or an
attorney responsible for the issuance and service of a subpoena shall take
reasonable steps to avoid imposing undue burden or expense on a person subject
to that subpoena. The court on behalf of which the subpoena was issued shall
enforce this duty and impose upon the party or attorney, or both, in breach of
this duty an appropriate sanction, which may include, but is not limited to,
lost earnings and a reasonable attorney's fee.
2.
(a) A person
commanded to produce and permit inspection and copying of designated books,
papers, documents or tangible things, or inspection of premises need not appear
in person at the place of production or inspection unless commanded to appear
for deposition, hearing or trial.(b) Subject to paragraph 2 of subsection D of
this section, a person commanded to produce and permit inspection and copying
or any party may, within fourteen (14) days after service of the subpoena or
before the time specified for compliance if such time is less than fourteen
(14) days after service, serve written objection to inspection or copying of
any or all of the designated materials or of the premises. If the objection is
made by the witness, the witness shall serve the objection on all parties; if
objection is made by a party, the party shall serve the objection on the
witness and all other parties. If objection is made, the party serving the subpoena
shall not be entitled to inspect and copy the materials or inspect the premises
except pursuant to an order of the court by which the subpoena was issued. If
objection has been made, the party serving the subpoena may, upon notice to the
person commanded to produce, move at any time for an order to compel the
production. Such an order to compel production shall protect any person who is
not a party or an officer of a party from significant expense resulting from
the inspection and copying commanded.
3.
On timely motion,
the court by which a subpoena was issued shall quash or modify the subpoena if
it:
a.
fails to allow
reasonable time for compliance; or
b.
requires a person
to travel to a place beyond the limits allowed under paragraph 2 of subsection
A of this section; or
c.
requires
disclosure of privileged or other protected matter and no exception or waiver
applies; or
d.
subjects a person
to undue burden; or
e.
requires
production of books, papers, documents or tangible things that fall outside the
scope of discovery permitted by Section 3226 of this title.
4.
If a subpoena:
a.
requires
disclosure of a trade secret or other confidential research, development, or
commercial information; or b. requires
disclosure of an unretained expert's opinion or information not describing
specific events or occurrences in dispute and resulting from the expert's study
made not at the request of any party, the court may, to protect a person
subject to or affected by the subpoena, quash or modify the subpoena. However,
if the party in whose behalf the subpoena is issued shows a substantial need
for the testimony or material that cannot be otherwise met without undue
hardship and assures that the person to whom the subpoena is addressed will be
reasonably compensated, the court may order appearance or production only upon
specified conditions.
1.
A person
responding to a subpoena to produce documents shall produce them as they are
kept in the usual course of business or shall organize and label them to correspond
with the categories in the demand.
2.
When information
subject to a subpoena is withheld on a claim that it is privileged or subject
to protection as trial preparation materials, the claim shall be made expressly
and shall be supported by a description of the nature of the documents,
communications, or things not produced that is sufficient to enable the
demanding party to contest the claim.
Failure by any person
without adequate excuse to obey a subpoena served upon him may be deemed a contempt
of the court from which the subpoena issued. Added by Laws 1985, c. 277, § 4,
eff. Nov. 1, 1985. Amended by Laws 1993, c. 351, § 1, eff. Sept. 1, 1993; Laws
1994, c. 343, § 10, eff. Sept. 1, 1994; Laws 1996, c. 61, § 2, eff. Nov. 1,
1996; Laws 1998, c. 374, § 2, eff. Nov. 1, 1998; Laws 1999, c. 293, § 19, eff.
Nov. 1, 1999
Licensure of
Private Process Server - Revocation - List of Servers
1.
Service and return
of process in civil cases may be by an authorized licensed private process
server. The presiding judge of the judicial administrative district in which
the county is located, or an associate district judge or district judge of the
county as may be designated by the presiding judge, shall be authorized to issue
a license to make service of process in civil cases to persons deemed qualified
to do so.
2.
Any person
eighteen (18) years of age or older, of good moral character, and found
ethically and mentally fit may obtain a license by filing an application therefore
with the court clerk on a verified form to be prescribed by the Administrative
Office of the Courts.
3.
The applicant
filing for a license shall:
a.
Pay a license fee
of Thirty-five Dollars ($35.00), and the regular docketing, posting, mailing,
and filing fees prescribed by law. The license shall contain the name, address,
a brief description of the licensee, and, at the discretion of the district
court clerk, a recent photograph of the licensee. The license shall state that
the licensee is an officer of the court only for the purpose of service of
process and only within the county in which the license is issued. The license
shall be carried by the licensee while on duty as a private process server. At
the end of one (1) calendar year from the date of issuance of the initial
license, the license shall be renewed for a period of one (1) year. The license
shall be renewed each succeeding year. A fee of Five Dollars ($5.00) shall be
charged for each license renewal. Upon an annual filing of a certified copy of
a license issued pursuant to the provisions of this paragraph and payment of a
filing fee of Ten Dollars ($10.00) to the court clerk of any county within this
state, a licensed process server may serve process in that county for the
district court having jurisdiction for that county; or
b.
Pay a license fee
of One Hundred Fifty Dollars ($150.00), and the regular docketing, posting,
mailing, and filing fees prescribed by law. The license shall contain the name,
address, a brief description of the licensee, and at the discretion of the
district court clerk, a recent photograph of the licensee. The license shall
state that the licensee is an officer of the court only for the purpose of
service of process. The authority of the licensee shall be statewide. The license
shall be carried by the licensee while on duty as a private process server. At
the end of one (1) calendar year from the date of issuance of the initial
license, the license shall be renewed for a period of three (3) years. The
license shall be renewed each succeeding three (3) years. A fee of Fifteen
Dollars ($15.00) per renewal shall be charged for each license renewal. All
fees collected pursuant to this section shall be deposited in the court fund.
4.
Upon the filing of
an application for a license, the court clerk shall give five (5) days' notice
of hearing by causing the notice to be posted in the courthouse. A copy of the
notice shall be mailed to the district attorney, the sheriff, and the chief of
police or marshal in the county seat and shall contain the name of the
applicant and the time and place the presiding judge or the associate district
judge or district judge designated by the presiding judge will act upon the
application.
5.
If, at the time of
consideration of the application or renewal, there are no protests and the
applicant appears qualified, the application for the license shall be granted
by the presiding judge or such associate district judge or district judge as is
designated by the presiding judge and, upon executing bond running to the State
of Oklahoma in the amount of Five Thousand Dollars ($5,000.00) for faithful
performance of his or her duties and filing the bond with the court clerk, the
applicant shall be authorized and licensed to serve civil process statewide.
6.
If any citizen of
the county files a written protest setting forth objections to the licensing of
the applicant, the district court clerk shall so advise the presiding judge or
such associate district judge or district judge as is designated by the
presiding judge, who shall set a later date for hearing of application and
protest. The hearing shall be held within thirty (30) days and after notice to
all persons known to be interested.
7.
Proof of service
of process shall be shown by affidavit as provided for by subsection G of
Section 2004 of this title.
8.
The district
attorney of the county wherein a license authorized under this act has been
issued may file a petition in the district court to revoke the license issued
to any licensee, as authorized pursuant to the provisions of this section,
alleging the violation by the licensee of any of the provisions of the law.
After at least ten (10) days' notice by certified mail to the licensee, the
chief or presiding judge, sitting without jury, shall hear the petition and
enter an order thereon. If the license is revoked, the licensee shall not be
permitted to reapply for a license for a period of five (5) years from the date
of revocation. Notwithstanding any other provisions of this section, any
licensee whose license has been revoked one time shall pay the sum of One
Thousand Dollars ($1,000.00) as a renewal fee. If a second revocation occurs,
the chief or presiding judge shall not allow an applicant to renew the license.
9.
The court clerk
shall keep posted at all times in his office the list of licensed private
process servers. Any person in need of a process server's services may
designate one from the names on the list, before presenting summons to the
court clerk for issuance, without necessity for individual judicial appointment.
Added by Laws 1976, c. 74, § 1, emerg. eff. April 29, 1976. Amended by Laws
1978, c. 156, § 1, emerg. eff. Oct. 1, 1978; Laws 1979, c. 177, § 1, eff. Oct.
1, 1979; Laws 1984, c. 157, § 1, eff. Nov. 1, 1984; Laws 1985, c. 277, § 1,
eff. Nov. 1, 1985; Laws 1987, c. 83, § 1, eff. Nov. 1, 1987; Laws 1998, c. 310,
§ 2, eff. Nov. 1, 1998. Case Note: A private process server may serve process
in any county in the State of Oklahoma but his authority is limited to serving
process issued by the court of the county or counties that granted the process
server his license. Op. Atty. Gen. No. 83-3 (April 6, 1983). §12-158.2. Request
of Server - Fees The process served by a licensee, authorized herein, shall be
upon a request by the party or person desiring to obtain the services of said
licensee. The fees to be paid for the services shall be agreed upon by them,
and such fees shall not be collected by, nor handled through, the court clerk's
office. Added by Laws 1976, c. 74, § 2, emerg. eff. April 29, 1976.
In Oklahoma,
lobbyists and state officials are always active in transforming laws concerning
civil procedure. As a result, state
information offered on our website may have been amended recently. For contemporary process serving and civil
statutes, visit the official Oklahoma Judicial System Court website: http://www.oscn.net/applications/oscn/start.asp
