Oklahoma Summons in a Civil Case is a court document issued by a court of competent jurisdiction that requires a party to appear in a civil case. It is the first step in the legal process and requires the defendant to answer the complaint and enter a plea within a certain period of time. There are two types of Oklahoma Summons in a Civil Case: general summons and special summons. A general summons is issued when the plaintiff is suing the defendant for money or property, or when the plaintiff is asking for a temporary injunction or restraining order. A special summons is issued when the plaintiff is suing for divorce, child custody, child support, or other requests for relief.
Oklahoma Summons in a Civil Case
State:
Oklahoma
Control #:
OK-SKU-0194
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PDF
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Summons in a Civil Case
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FAQ
Commencement of a Lawsuit A lawsuit is commenced by filing the Petition and issuing Summons. The Summons and Petition is served on the defendant. The defendant has 20 days to file an Answer to the Petition or otherwise respond (filing a motion to dismiss for example).
All Oklahoma Process Service other than subpoenas may be served by special appointments under this provision. It is the responsibility of the court clerk or an attorney of record representing the plaintiff to convey a summons served by the sheriff to the sheriff.
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
A process server must be 18 years of age or older. A process server cannot have committed a felony in Oklahoma or another state. A process server must pay all fees, submit the appropriate application, and execute a $5000 bond with the state.
In summary, the current structure of Section 2004(I) requires plaintiffs to serve their defendants within 180 days of filing their petition. If they cannot timely serve a defendant, they must make an evidence-based showing of good cause before that 180-day time limit expires.
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.
The plaintiff shall serve a reply to a counterclaim in the answer within twenty (20) days after service of the answer or, if a reply is ordered by the court, within twenty (20) days after service of the order, unless the order otherwise directs. 4.
A party may move for either summary judgment or summary disposition of any issue on the merits on the ground that the evidentiary material filed with the motion or subsequently filed with leave of court show that there is no substantial controversy as to any material fact.
