Oklahoma 2022 2022 Regular Session

Oklahoma House Bill HB3381 Enrolled / Bill

Filed 04/20/2022

                    An Act 
ENROLLED HOUSE 
BILL NO. 3381 	By: Dobrinski and Moore of the 
House 
 
   and 
 
  Howard of the Senate 
 
 
 
 
 
 
An Act relating to civil procedure; amending 12 O.S. 
2021, Section 2004, which relates to service of 
process; adding method of service for individuals; 
and providing an effective date . 
 
 
 
 
SUBJECT: Civil procedure 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
 
SECTION 1.     AMENDATORY     12 O.S. 202 1, Section 2004, is 
amended to read as follows: 
 
Section 2004. 
 
PROCESS 
 
A.  SUMMONS:  ISSUANCE.  Upon filin g of the petition, the clerk 
shall forthwith issue a summons.  Upon re quest of the plaintiff 
separate or additional summons shall issue against any def endants. 
 
B.  SUMMONS:  FORM. 
 
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  ENR. H. B. NO. 3381 	Page 2 
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 who m default judgment is sought.  Except as 
to a party against whom a judgm ent 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. 
 
C.  BY WHOM SERVED:  PERSON TO BE SERVED. 
 
1.  SERVICE BY PERSONAL DELIVERY. 
 
a. 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 proce ss 
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 p aragraph. 
 
b. A summons to be served by the sheriff or deputy 
sheriff shall be del ivered to the sheriff by the court 
clerk or an attorney of record fo r the plaintiff.  
When a summons, subpoena or other process is to be 
served by the sheriff or deputy sherif f of another 
county, the court clerk shall mail it, together with 
the voucher of the court clerk for the fees collected 
for the service, to the sheri ff of that county.  The 
sheriff shall deposit the voucher in the Sheriff 's 
Service Fee Account created purs uant 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 i ssued 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. 
 
c. Service shall be made as follows: 
  ENR. H. B. NO. 3381 	Page 3 
(1) 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 l aw to receive 
service of process, or by delivering a copy of 
the summons and of the petition personally or by 
leaving copies thereof at an agreed meeting place 
with some person then re siding at the person's 
dwelling house or usual place of abode , 
 
(2) 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 who m the infant lives; and 
upon an incompetent person by serving the summons 
and petition personally and upon the incompetent 
person's guardian, 
 
(3) upon a domestic or foreign corporation or upo n 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 mana ging or general 
agent or to any other agent authorized by 
appointment or by law t o receive service of 
process and, if the agent is one authorized by 
statute to receive service and the st atute so 
requires, by also mailing a copy to the 
defendant, 
 
(4) upon the United States or an officer or agency 
thereof in the manner specified by Feder al Rule 
of Civil Procedure 4, 
 
(5) upon a state, county, school district, public 
trust or municipal corporation or other 
governmental organization thereof subject to  ENR. H. B. NO. 3381 	Page 4 
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, 
 
(6) upon an inmate incarcerated in an inst itution 
under the jurisdiction and control of the 
Department of Corrections, by deliv ering a copy 
of the summons and of the petition to the warden 
or superintendent or the des ignee of the warden 
or superintendent of the institution where the 
inmate is housed.  It shall be the duty of the 
receiving warden or superint endent or a designee 
to promptly deliver the summons and petition to 
the inmate named therein.  The warden or 
superintendent or his or her designee shall 
reject service of process for any inmate who is 
not actually present in the institution, and 
 
(7) upon an inmate incarcerated i n a county jail or 
detention center under the jurisdiction and 
control of the county sheri ff or the jail trust 
of the county, by delivering a copy of the 
summons and of the petition to the jail or 
detention center administrator or the designee of 
such administrator of the jai l or detention 
center where the inmate is housed.  It shall be 
the duty of the receiving jail or detention 
center administrator or designee to promptly 
deliver the summons and petition to the inmate 
named therein.  The jail or detention center 
administrator or designee shall reject service of 
process for any inmate who is no t actually 
present in the jail or detention center. 
 
2.  SERVICE BY MAIL. 
 
a. At the election of the plaintiff, a summons and 
petition may be served by mail by the plai ntiff's 
attorney, any person authorized to serve process 
pursuant to subparagraph a of par agraph 1 of this 
subsection or by the court clerk upon a defendant of  ENR. H. B. NO. 3381 	Page 5 
any class referred to in division (1), (3) or (5) of 
subparagraph c of paragraph 1 of this subse ction.  
Service by mail shall be effective on the date of 
receipt or if refused, on the da te of refusal of the 
summons and petition by the defendant. 
 
b. Service by mail shall be accomplished by mailing a 
copy of the summons and petition by certified mail, 
return receipt reque sted and delivery restricted to 
the addressee.  When there is more tha n one defendant, 
the summons and a copy of the petition or order shall 
be mailed in a separate envelope to each defendant.  
If the summons is to be served by mail by the court 
clerk, the court clerk shall enclose the summons and a 
copy of the petition or o rder of the court to be 
served in an envelope, prepared by the plaintiff, 
addressed to the defendant, or to the resident service 
agent if one has been appointed.  The court clerk 
shall prepay the postage and mail the envelope to the 
defendant, or service a gent, by certified mail, return 
receipt requested and delivery restricted to the 
addressee.  The return receipt shall be prepared by 
the plaintiff.  Service by mail t o a garnishee shall 
be accomplished by mailing a copy of the summons and 
notice by certified mail, return receipt requested, 
and at the election of the judgment creditor b y 
restricted delivery, to the addressee. 
 
c. Service by mail shall not be the basis fo r the entry 
of a default or a judgment by default unless the 
record contains a return rece ipt showing acceptance by 
the defendant or a returned envelope showing refusal 
of the process by the defendant.  Acceptance or 
refusal of service by mail by a person who is fifteen 
(15) years of age or older who resides at the 
defendant's dwelling house or usual place of abode 
shall constitute acceptance or refusal by the party 
addressed.  In the case of an entity described in 
division (3) of subparagraph c of paragrap h 1 of this 
subsection, acceptance or refusal by any officer or by 
any employee of the reg istered office or principal 
place of business who is authorized to or who 
regularly receives certified mail shall constitute 
acceptance or refusal by the party addres sed.  A 
return receipt signed at such registered office or  ENR. H. B. NO. 3381 	Page 6 
principal place of business sha ll be presumed to have 
been signed by an employee authorized to receive 
certified mail.  In the case of a state municipal 
corporation, or other governmental organizat ion 
thereof subject to suit, acceptance or refusal by an 
employee of the office of the off icials specified in 
division (5) of subparagraph c of paragraph 1 of this 
subsection who is authorized to or who regularly 
receives certified mail shall constitute ac ceptance or 
refusal by the party addressed.  If delivery of the 
process is refused, upon t he receipt of notice of such 
refusal and at least ten (10) days before applying f or 
entry of default, the person elected by plaintiff 
pursuant to subparagraph a of th is paragraph to serv e 
the process shall mail to the defendant by first -class 
mail a copy of the summons and petition and a notice 
prepared by the plaintiff that despite su ch refusal 
the case will proceed and that judgment by de fault 
will be rendered agains t him unless he appe ars to 
defend the suit.  Any default or judgment by default 
shall be set aside upon motion of the defendant in the 
manner prescribed in Section 1031.1 of this title, or 
upon petition of the defendant in the manner 
prescribed in Section 1033 of this title i f the 
defendant demonstrates to the court that the return 
receipt was signed or delivery was refused by an 
unauthorized person.  A petition shall be fi led within 
one (1) year after the defendant has notice o f the 
default or judgment by default but in no ev ent more 
than two (2) years after the filing of the judgment. 
 
3.  SERVICE BY PUBLICATION. 
 
a. Service of summons upon a named defendant may be made 
by publication when it is stated in the petition, 
verified by the plaintiff or the plaint iff's attorney 
or in a separate affidavit by the plaintiff or the 
plaintiff's attorney filed with the court, that with 
due diligence service cannot be made upon the 
defendant by any other method. 
 
b. Service of summons upon t he unknown successors of a 
named defendant, a named decedent or a dissolved 
partnership, corporation or other association may be 
made by publication when it is stated in a petition,  ENR. H. B. NO. 3381 	Page 7 
verified by the plain tiff or the plaintiff's attorney 
or in a separate aff idavit by the plaintiff or the 
plaintiff's attorney filed with the court, that the 
person who verified the petition or the affidavit does 
not know and with due diligence cannot ascertain the 
following: 
 
(1) whether a person named as defendant is living or 
dead, and, if dead, the names or whereabouts of 
the person's successors, if any, 
 
(2) the names or whereabouts of the unknow n 
successors, if any, of a named decedent, 
 
(3) whether a partnership, corporation or other 
association named as a defendant continu es to 
have legal existence or not; or the names or 
whereabouts of its officers or successors, 
 
(4) whether any person designat ed in a record as a 
trustee continues to be the trustee; or the names 
or whereabouts of the successors of the trustee, 
or 
 
(5) the names or whereabouts of the owners o r holders 
of special assessment or improvement bonds, or 
any other bonds, sewer warrants o r tax bills. 
 
c. Service pursuant to this paragraph shall be made by 
publication of a notice, signed by the court clerk, 
one (1) day a week for three (3) consecutive w eeks in 
a newspaper authorized by law to publish legal notices 
which is published in the c ounty where the petition is 
filed.  If no newspaper authorized by law to publish 
legal notices is published in such county, the notice 
shall be published in some such newspaper of general 
circulation which is published in an adjoining county.  
All named parties and their unknown successors who may 
be served by publication may be includ ed in one 
notice.  The notice shall state the c ourt in which the 
petition is filed an d the names of the p laintiff and 
the parties served by publication, and shall designate 
the parties whose unknown successors are being served.  
The notice shall also state that the named defendants 
and their unknown su ccessors have been sued and must  ENR. H. B. NO. 3381 	Page 8 
answer the petition on or before a time to be stated 
(which shall not be less than forty -one (41) days from 
the date of the first publication), or judgment, the 
nature of which shall be stated, will be rendered 
accordingly. If jurisdiction of the court is base d on 
property, any real property subject to the 
jurisdiction of the court and any property or debts to 
be attached or garnished must be described in the 
notice. 
 
(1) When the recovery of money is sought, it is not 
necessary for the publication notice to sta te the 
separate items involved, but the total amount 
that is claimed must be stated.  When interest is 
claimed, it is not necessary to state the rate of 
interest, the date from which interest is claimed 
or that interest is claimed until the obligation 
is paid. 
 
(2) It is not necessary for the publication notice to 
state that the judgment will in clude recovery of 
costs in order for a judgment following the 
publication notice to include costs of suit. 
 
(3) In an action to quiet title to real property, it 
is not necessary for the publication notice to 
state the nature of the claim or interest of 
either party, and in describing the nature of the 
judgment that will be rendered shou ld the 
defendant fail to answer, it is suffi cient to 
state that a decree quieting pla intiff's title to 
the described property will be entered.  It is 
not necessary to state th at a decree forever 
barring the defendant from asserting any interest 
in or to the property is sought or will be 
entered if the defendant does not answer. 
 
(4) In an action to foreclose a mortgage, it is 
sufficient that the publication notice state that 
if the defendant does not answer, the defendant 's 
interest in the property will be f oreclosed.  It 
is not necessary to state th at a judgment forever 
barring the defendan t from all right, ti tle, 
interest, estate, property and equity of 
redemption in or to the property or any part  ENR. H. B. NO. 3381 	Page 9 
thereof is requested or will be entered if the 
defendant does not answer. 
 
d. Service by publication is complete when made in the 
manner and for the time prescribed i n subparagraph c 
of this paragraph.  Service by publication shall be 
proved by the affidavit of any person having knowledge 
of the publication.  No def ault judgment may be 
entered on such servi ce until proof of service by 
publication is filed with and approved by the court. 
 
e. Before entry of a default judgment or order agai nst a 
party who has been served solely by publication under 
this paragraph, the c ourt shall conduct an inquiry to 
determine whether the plaintiff, or someone acting i n 
behalf of the plaintiff, made a distinct and 
meaningful search of all reasonably availab le sources 
to ascertain the whereabouts of any named parties who 
have been served solely by publication under this 
paragraph.  Before entry of a default judgment or 
order against the unk nown successors of a named 
defendant, a named decedent or a dissolved 
partnership, corporation or association, the court 
shall conduct an inquiry to as certain whether the 
requirements describe d in subparagraph b of this 
paragraph have been satisfied. 
 
f. A party against whom a default judgment or order has 
been rendered, without other service than by 
publication in a newspaper, may, at any time within 
three (3) years after the filing of the jud gment or 
order, have the judgment or order se t aside in the 
manner prescribed in Sections 1031.1 and 1033 of this 
title.  Before the ju dgment or order is set aside, the 
applicant shall notify the adverse party of the 
intention to make an application and sh all file a full 
answer to the petition, pay a ll costs if the cour t 
requires them to be paid and satisfy the court by 
affidavit or other evidence that during the pendency 
of the action the applicant had no actual noti ce 
thereof in time to appear in court an d make a defense.  
The title to any property which is the subject of and 
which passes to a purchaser in good faith by or in 
consequence of the judgment or order to be opened 
shall not be affected by any proceedings u nder this  ENR. H. B. NO. 3381 	Page 10 
subparagraph.  Nor shall proce edings under this 
subparagraph affect the tit le of any property s old 
before judgment under an attachment.  The adverse 
party, on the hearing of an application to open a 
judgment or order as provided by this subparagr aph, 
shall be allowed to present evidenc e to show that 
during the pendency of the act ion the applicant ha d 
notice thereof in time to appear in court and make a 
defense. 
 
g. The term "successors" includes all heirs, executors, 
administrators, devisees, trust ees and assigns, 
immediate and remote, of a named individual, 
partnership, corporatio n or association. 
 
h. Service outside of the state does not give the court 
in personal jurisdiction over a defendant who is not 
subject to the jurisdiction of the courts of this 
state or who has not, either in person or through an 
agent, submitted to the ju risdiction of the co urts of 
this state. 
 
4.  SERVICE ON THE SECRETARY OF STATE. 
 
a. Service of process on a domestic or foreign 
corporation may be made by serving the Secret ary of 
State as the corporation 's agent, if: 
 
(1) there is no registered agent for the corporation 
listed in the records of the Secretary of State, 
or 
 
(2) neither the registere d agent nor an officer of 
the corporation could be found at the registered 
office of the corporation, when service of 
process was attempted. 
 
b. Before resorting to se rvice on the Secreta ry of State 
the plaintiff must have attempted service either in 
person or by mail on the corporation at: 
 
(1) the corporation's last-known address shown on the 
records of the Franchise Tax Division of the 
Oklahoma Tax Commission, if any is listed there, 
and  ENR. H. B. NO. 3381 	Page 11 
 
(2) the corporation's last-known address shown on the 
records of the Secretary of State, if any is 
listed there, and 
 
(3) the corporation's last address known to the 
plaintiff. 
 
If any of these addresses are the same, the plaintiff 
is not required to attemp t service more than once at 
any address.  The plaintiff shall furnish the 
Secretary of State with a certified copy of the return 
or returns showing the attempted service. 
 
c. Service on the Secretary of State shall be made by 
filing two (2) copies of the su mmons and petition with 
the Secretary of State, notifying the Secretar y of 
State that service is being made pursuant to the 
provisions of this paragrap h, and paying the Secretary 
of State the fee prescribed in paragraph 7 of 
subsection A of Section 1142 of Title 18 of the 
Oklahoma Statutes, which fee shall be taxed as part o f 
the costs of the action, suit or proceeding if the 
plaintiff shall prevail ther ein.  If a registered 
agent for the corporation is listed in the records of 
the Secretary of State, the p laintiff must also 
furnish a certified copy of the return showing that 
service on the registered agent has been attempted 
either in person or by mail, and that neither the 
registered agent nor an officer of the corporation 
could be found at the registered office of the 
corporation. 
 
d. Within three (3) working days after rece iving the 
summons and petition, the Secretary of State shall 
send notice by lette r, certified mail, return r eceipt 
requested, directed to the corporation at its 
registered office or the last-known address found in 
the office of the Secretary of State, or i f no address 
is found there, to the corporation 's last-known 
address provided by the plaintiff.  The notice shall 
enclose a copy of the summons and petition and any 
other papers served u pon the Secretary of State.  The 
corporation shall not be required to serve its answer  ENR. H. B. NO. 3381 	Page 12 
until forty (40) days after service of the summons and 
petition on the Secretary of State. 
 
e. Before entry of a default judgment or order against a 
corporation that has been served by serving the 
Secretary of State as its agent under this paragraph, 
the court shall determine whether the requirements of 
this paragraph have been satisfied.  A def ault 
judgment or order against a corporation that has been 
served only by servi ce on the Secretary of State may 
be set aside upon motion of the corpo ration in the 
manner prescribed in Section 1031.1 of this title, or 
upon petition of the corporation in the manner 
prescribed in Section 1033 of this title, if the 
corporation demonstrat es to the court that it had no 
actual notice of the action in time to appear and make 
its defense.  A petition shall be filed within one (1) 
year after the corporation has notic e of the default 
judgment or order but in no event more tha n two (2) 
years after the filing of the default judgment or 
order. 
 
f. The Secretary of Sta te shall maintain an alphabetical 
record of service setting forth the name of the 
plaintiff and defendant, the title, docket number and 
nature of the proceeding in wh ich the process has been 
served upon the defendant, the fact that service has 
been effected pursuant to the provisions of this 
paragraph, the return date thereof and the d ate when 
the service was made.  The Secretary of State shall 
not be required to retai n this information f or a 
period longer than five (5) years from receipt of the 
service of process. 
 
g. The provisions of this paragraph shall not apply to a 
foreign insurance company doing busines s in this 
state. 
 
5.  SERVICE BY ACKNOWLEDGMENT.  An acknowled gment on the back of 
the summons or the voluntary appearance of a defendant is equivalent 
to service. 
 
6.  SERVICE BY OTHER METHODS.  If service cannot be made by 
personal delivery or by mail, a defendant of any class referred to 
in division (1) or (3) of s ubparagraph c of par agraph 1 of this  ENR. H. B. NO. 3381 	Page 13 
subsection may be served as provided by court order i n a manner 
which is reasonably calculated to give the defendant actual notice 
of the proceedings and an opportunity to be heard and upon filing an 
affidavit by the plaintiff or plaintiff 's attorney that with due 
diligence service cannot otherwise be made u pon the defendant. 
 
7.  NO SERVICE BY PRISONER.  No prisoner in any jail, Departme nt 
of Corrections facility, private prison, or parolee or probationer 
under supervision of the Department of Corrections shall be 
appointed by any court to serve process on an y defendant, party or 
witness. 
 
D.  SUMMONS AND PETITION.  The summons and petitio n shall be 
served together.  The plaintiff shall furnish the person making 
service with such copies as ar e necessary.  The failure to serve a 
copy of the petition with the sum mons is not a ground for dismissal 
for insufficiency of service of process, but o n motion of the party 
served, the court may extend the time to answer or otherwise pl ead.  
If a summons and petition are served by personal delivery, the 
person serving the su mmons shall state on the copy that is left with 
the person served the date that s ervice is made.  This provision is 
not jurisdictional, but if the failure to comply w ith it prejudices 
the party served, the court, on motion of the party served, may 
extend the time to answer or otherwise plead. 
 
E.  SUMMONS:  TERRITORIAL LIMITS OF EFFECTI VE SERVICE. 
 
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 jur isdiction is authorized by 
subsection F of this section, service of the summons a nd petition 
may be made outside this state: 
 
a. by personal delivery in the manner pre scribed 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 it s courts of general 
jurisdiction, 
 
c. in the manner prescribed by paragraph 2 of subse ction 
C of this section,  ENR. H. B. NO. 3381 	Page 14 
 
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 thi s 
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 f or 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 pro cess under the law of this state or 
under the law of the place in which the service i s 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 up on 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 a pplication of any interested 
person or in response to a letter rogator y 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 m ade within this stat e 
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. 
  ENR. H. B. NO. 3381 	Page 15 
F.  ASSERTION OF JURISDICTION.  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. 
 
G.  RETURN. 
 
1.  The person serving the pro cess shall make proof of service 
thereof to the court promptly and in any event withi n 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 pl aintiff's 
attorney within three (3) days after the return is filed.  If 
service is made by a person other than a sheriff or deputy sheriff, 
the licensed process serve r shall make affidav it thereof.  The 
return shall set forth the county of issuance, the na me 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 o f the summons or ord er of the 
court that is filed in the action the date and place of mail ing and 
the date when service was receipted or service was rejected, and 
shall attach to the copy of the summons or order a copy of the 
return receipt or returned env elope, if and when r eceived, showing 
whether the mailing was accepted, refused or otherwis e 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 secti on.  When the summon s and petition are 
mailed by the court clerk, the court clerk shall no tify 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. 
 
H.  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 issu ed. 
 
I.  SUMMONS:  TIME LIMIT FOR SERVICE.  If service of process is 
not made upon a defendant within one hundred eighty (180) days after 
the filing of the petition and the plaintiff has not shown good  ENR. H. B. NO. 3381 	Page 16 
cause why such service was not made within that period, the action 
shall be deemed dismissed as to that defendant without pre judice and 
Section 100 of this title shall be applicable to any refiling of the 
action.  Upon application of a defendant not timely served, the 
court shall enter an o rder dismissing the action as to that 
defendant.  The court shall enter a dismissal order of an action 
within two hundred (200) days after the filing of the action in 
which no service has been made on any defendant as required pursuant 
to this section and such order shall be mailed to the address of the 
party or the party's attorney of record. The action shall not be 
dismissed if a summons was served on the defendant wit hin one 
hundred eighty (180) days after the filing of the petition and a 
court later holds that the summons or its service was invalid.  
After a court quashes a summons or its s ervice, a new summons may be 
served on the defendant within a time specified by the judge.  If 
the new summons is not served within the specified time, the action 
shall be deemed to have been dismissed without prejudice as to that 
defendant.  This subsecti on shall not apply with respect to a 
defendant who has been outside of this sta te for one hundred eighty 
(180) days following the filing of the petition. 
 
SECTION 2.  This act shall become effective November 1, 2022. 
  ENR. H. B. NO. 3381 	Page 17 
Passed the House of Representatives the 8th day of March, 2022. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
Passed the Senate the 19th day of April, 2022. 
 
 
 
  
 	Presiding Officer of the Senat e 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this __________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________