Oklahoma 2022 Regular Session

Oklahoma House Bill HB3381 Compare Versions

Version 1 (Old)

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1		-	An Act
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3	34		BILL NO. 3381 By: Dobrinski and Moore of the
4	35		House
5	36
6	37		and
7	38
8	39		Howard of the Senate
9		-
10	40
11	41
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14	44
15	45		An Act relating to civil procedure; amending 12 O.S.
16	46		2021, Section 2004, which relates to service of
17	47		process; adding method of service for individuals;
18	48		and providing an effective date .
19	49
20	50
21	51
22	52
23		-	SUBJECT: Civil procedure
24		-
25	53		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
26		-
27	54		SECTION 1. AMENDATORY 12 O.S. 202 1, Section 2004, is
28	55		amended to read as follows:
29		-
30	56		Section 2004.
31		-
32	57		PROCESS
33		-
34	58		A. SUMMONS: ISSUANCE. Upon filin g of the petition, the clerk
35	59		shall forthwith issue a summons. Upon re quest of the plaintiff
36	60		separate or additional summons shall issue against any def endants.
37		-
38	61		B. SUMMONS: FORM.
39		-
40	62		1. The summons shall b e signed by the clerk, be under the seal
41	63		of the court, contain the name of the court and the names of the
42	64		parties, be directed to the defendant, state the name and address of
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43	92		the plaintiff's attorney, if any, otherwise, the plaintiff 's
44	93		address, and the tim e within which these rules require the defendant
45		-	to appear and defend, and shall notify the defendant that in case of ~~ENR. H. B. NO. 3381 Page 2~~
	94	+	to appear and defend, and shall notify the defendant that in case of
46	95		failure to appear, judgment by default will be rendered against the
47	96		defendant for the relief demanded in the petition.
48		-
49	97		2. A judgment by default shall not be different in kind from or
50	98		exceed in amount that prayed for in either the demand for judgment
51	99		or in cases not sounding in contract in a notice which has been
52	100		given the party against who m default judgment is sought. Except as
53	101		to a party against whom a judgment is entered by default, every
54	102		final judgment shall grant the relief to which the party in whose
55	103		favor it is rendered is entitled, even if the party has not demanded
56	104		such relief in his or her pleadings.
57		-
58	105		C. BY WHOM SERVED: PERSON TO BE SERVED.
59		-
60	106		1. SERVICE BY PERSONAL DELIVERY.
61		-
62	107		a. At the election of the plaintiff, process, other than
63	108		a subpoena, shall be served by a sheriff or deputy
64	109		sheriff, a person licensed to make service of proce ss
65	110		in civil cases or a person specially appointed fo r
66	111		that purpose. The court shall freely make special
67	112		appointments to serve all process, other than a
68	113		subpoena, under this p aragraph.
69		-
70	114		b. A summons to be served by the sheriff or deputy
71	115		sheriff shall be del ivered to the sheriff by the court
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72	143		clerk or an attorney of record for the plaintiff.
73	144		When a summons, subpoena or other process is to be
74	145		served by the sheriff or deputy sherif f of another
75	146		county, the court clerk shall mail it, together with
76	147		the voucher of the court clerk for the fees collected
77	148		for the service, to the sheriff of that county. The
78	149		sheriff shall deposit the voucher in the Sheriff 's
79	150		Service Fee Account created purs uant to Section 514.1
80	151		of Title 19 of the Oklahoma Statutes. The sheriff or
81	152		deputy sheriff shall serve the process in the manner
82	153		that other process issued out of the court of the
83	154		sheriff's own county is served. A summons to be
84	155		served by a person licensed to make service of process
85	156		in civil cases or by a person specially appointed for
86	157		that purpose shall be delivered by an attorney of
87	158		record for the plaintiff to such person.
88		-
89	159		c. Service shall be made as follows:
90		-	ENR. H. B. NO. 3381 Page 3
91	160		(1) upon an individual other than an infant who is
92	161		less than fifteen (15) years of age or an
93	162		incompetent person, by delivering a copy of the
94	163		summons and of the petition personally or by
95	164		leaving copies thereof at the person's dwelling
96	165		house or usual place of abode with some person
97	166		then residing therein who is fifteen (15) years
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98	194		of age or older or, by delivering a copy of the
99	195		summons and of the petition to an agent
100	196		authorized by appointment or by law to receive
101	197		service of process, or by delivering a copy of
102	198		the summons and of the petition personally or by
103	199		leaving copies thereof at an agreed meeting place
104	200		with some person then re siding at the person's
105	201		dwelling house or usual place of ab ode,
106		-
107	202		(2) upon an infant who is less than fifteen (15)
108	203		years of age, by serving the summons and petition
109	204		personally and upon either of the infant's
110	205		parents or guardian, or if they cannot be found,
111	206		then upon the person having the care or control
112	207		of the infant or with whom the infant lives; and
113	208		upon an incompetent person by serving the summons
114	209		and petition personally and upon the incompetent
115	210		person's guardian,
116		-
117	211		(3) upon a domestic or foreign corporation or upo n a
118	212		partnership or other unincorporated association
119	213		which is subject to suit under a common name, by
120	214		delivering a copy of the summons and of the
121	215		petition to an officer, a mana ging or general
122	216		agent or to any other agent authorized by
123	217		appointment or by law t o receive service of
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124	245		process and, if the agent is on e authorized by
125	246		statute to receive service and the st atute so
126	247		requires, by also mailing a copy to the
127	248		defendant,
128		-
129	249		(4) upon the United States or an officer or agency
130	250		thereof in the manner specified by Feder al Rule
131	251		of Civil Procedure 4,
132		-
133	252		(5) upon a state, county, school district, public
134	253		trust or municipal corporation or other
135		-	governmental organization thereof subject to ~~ENR. H. B. NO. 3381 Page 4~~
	254	+	governmental organization thereof subject to
136	255		suit, by delivering a copy of the summons and of
137	256		the petition to the officer or individual
138	257		designated by specific statute; however, if there
139	258		is no statute, then upon the chief executive
140	259		officer or a clerk, secretary or other official
141	260		whose duty it is to maintain the official records
142	261		of the organization,
143		-
144	262		(6) upon an inmate incarcerated in an inst itution
145	263		under the jurisdiction and control of the
146	264		Department of Corrections, by delivering a copy
147	265		of the summons and of the petition to the warden
148	266		or superintendent or the des ignee of the warden
149	267		or superintendent of the institution where the
150	268		inmate is housed. It shall be the duty of the
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151	296		receiving warden or superintendent or a designee
152	297		to promptly deliver the summons and petition to
153	298		the inmate named therein. The warden or
154	299		superintendent or his or her designee shall
155	300		reject service of process for any inmate who is
156	301		not actually present in the institution, and
157		-
158	302		(7) upon an inmate incarcerated in a county jail or
159	303		detention center under the jurisdiction and
160	304		control of the county sheri ff or the jail trust
161	305		of the county, by delivering a copy of the
162	306		summons and of the petition to the jail or
163	307		detention center administr ator or the designee of
164	308		such administrator of the jai l or detention
165	309		center where the inmate is housed. It shall be
166	310		the duty of the receiving jail or detention
167	311		center administrator or designee to promptly
168	312		deliver the summons and petition to the inmate
169	313		named therein. The jail or detention center
170	314		administrator or designee shall reject service of
171	315		process for any inmate who is no t actually
172	316		present in the jail or detention center.
173		-
174	317		2. SERVICE BY MAIL.
175		-
176	318		a. At the election of the plaintiff, a summons and
177	319		petition may be served by mail by the plaintiff's
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178	347		attorney, any person authorized to serve process
179	348		pursuant to subparagraph a of par agraph 1 of this
180		-	subsection or by the court clerk upon a defendant of ~~ENR. H. B. NO. 3381 Page 5~~
	349	+	subsection or by the court clerk upon a defendant of
181	350		any class referred to in division (1), (3) or (5) of
182	351		subparagraph c of paragraph 1 of this subsection.
183	352		Service by mail shall be effective on the date of
184	353		receipt or if refused, on the da te of refusal of the
185	354		summons and petition by the defendant.
186		-
187	355		b. Service by mail shall be accomplished by mailing a
188	356		copy of the summons and petition by certified mail,
189	357		return receipt reque sted and delivery restricted to
190	358		the addressee. When there is more tha n one defendant,
191	359		the summons and a copy of the petition or order shall
192	360		be mailed in a separate envelope to each defendant.
193	361		If the summons is to be served by mail by the court
194	362		clerk, the court clerk shall enclose the summons and a
195	363		copy of the petition or o rder of the court to be
196	364		served in an envelope, prepared by the plaintiff,
197	365		addressed to the defendant, or to the resident service
198	366		agent if one has been appointed. The court clerk
199	367		shall prepay the postage and mail the envelope to the
200	368		defendant, or service a gent, by certified mail, return
201	369		receipt requested and delivery restricted to the
202	370		addressee. The return receipt shall be prepared by
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203	398		the plaintiff. Service by mail to a garnishee shall
204	399		be accomplished by mailing a copy of the summons and
205	400		notice by certified mail, return receipt requested,
206	401		and at the election of the judgment creditor b y
207	402		restricted delivery, to the addressee.
208		-
209	403		c. Service by mail shall not be the basis for the entry
210	404		of a default or a judgment by default unless the
211	405		record contains a return rece ipt showing acceptance by
212	406		the defendant or a returned envelope showing refusal
213	407		of the process by the defendant. Acceptance or
214	408		refusal of service by mail by a person who is fifteen
215	409		(15) years of age or older who resides at the
216	410		defendant's dwelling house or usual place of abode
217	411		shall constitute acceptance or refusal by the party
218	412		addressed. In the case of an entity described in
219	413		division (3) of subparagraph c of paragraph 1 of this
220	414		subsection, acceptance or refusal by any officer or by
221	415		any employee of the reg istered office or principal
222	416		place of business who is authorized to or who
223	417		regularly receives certified mail shall constitute
224	418		acceptance or refusal by the party addressed. A
225		-	return receipt signed at such registered office or ~~ENR. H. B. NO. 3381 Page 6~~
	419	+	return receipt signed at such registered office or
226	420		principal place of business sha ll be presumed to have
227	421		been signed by an employee authorized to receive
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228	449		certified mail. In the case of a state municipal
229	450		corporation, or other governmental organization
230	451		thereof subject to suit, acceptance or refusal by an
231	452		employee of the office of the off icials specified in
232	453		division (5) of subparagraph c of paragraph 1 of this
233	454		subsection who is authorized to or who regularly
234	455		receives certified mail shall constitute acceptance or
235	456		refusal by the party addressed. If delivery of the
236	457		process is refused, upon t he receipt of notice of such
237	458		refusal and at least ten (10) days before applying f or
238	459		entry of default, the person elected by plaintiff
239	460		pursuant to subparagraph a of this paragraph to serv e
240	461		the process shall mail to the defendant by first -class
241	462		mail a copy of the summons and petition and a notice
242	463		prepared by the plaintiff that despite su ch refusal
243	464		the case will proceed and that judgment b y default
244	465		will be rendered against him unless he appe ars to
245	466		defend the suit. Any default or judgment by default
246	467		shall be set aside upon motion of the defendant in the
247	468		manner prescribed in Section 1031.1 of this title, or
248	469		upon petition of the defendant in the manner
249	470		prescribed in Section 1033 of this title i f the
250	471		defendant demonstrates to the court that the return
251	472		receipt was signed or delivery was refused by an
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252	500		unauthorized person. A petition shall be fi led within
253	501		one (1) year after the defendant has noti ce of the
254	502		default or judgment by default but in no ev ent more
255	503		than two (2) years after the filing of the judgment.
256		-
257	504		3. SERVICE BY PUBLICATION.
258		-
259	505		a. Service of summons upon a named defendant may be made
260	506		by publication when it is stated in the petition,
261	507		verified by the plaintiff or the plaintiff's attorney
262	508		or in a separate affidavit by the plaintiff or the
263	509		plaintiff's attorney filed with the court, that with
264	510		due diligence service cannot be made upon the
265	511		defendant by any other method.
266		-
267	512		b. Service of summons upon the unknown successors of a
268	513		named defendant, a named decedent or a dissolved
269	514		partnership, corporation or other association may be
270		-	made by publication when it is stated in a petition, ~~ENR. H. B. NO. 3381 Page 7~~
	515	+	made by publication when it is stated in a petition,
271	516		verified by the plain tiff or the plaintiff's attorney
272	517		or in a separate affidavit by the plaintiff or the
273	518		plaintiff's attorney filed with the court, that the
274	519		person who verified the petition or the affidavit does
275	520		not know and with due diligence cannot ascertain the
276	521		following:
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278	549		(1) whether a person named as defendant is living or
279	550		dead, and, if dead, the names or whereabouts of
280	551		the person's successors, if any,
281		-
282	552		(2) the names or whereabouts of the unknow n
283	553		successors, if any, of a named decedent,
284		-
285	554		(3) whether a partnership, corporation or other
286	555		association named as a defendant continues to
287	556		have legal existence or not; or the names or
288	557		whereabouts of its officers or successors,
289		-
290	558		(4) whether any person designat ed in a record as a
291	559		trustee continues to be the trustee; or the names
292	560		or whereabouts of the successors of the trustee,
293	561		or
294		-
295	562		(5) the names or whereabouts of the owners or holders
296	563		of special assessment or improvement bonds, or
297	564		any other bonds, sewer warrants o r tax bills.
298		-
299	565		c. Service pursuant to this paragraph shall be made by
300	566		publication of a notice, signed by the court clerk,
301	567		one (1) day a week for three (3) consecutive weeks in
302	568		a newspaper authorized by law to publish legal notices
303	569		which is published in the c ounty where the petition is
304	570		filed. If no newspaper authorized by law to publish
305	571		legal notices is published in such county, the notic e
306	572		shall be published in some such newspaper of general
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307	600		circulation which is published in an adjoining county.
308	601		All named parties and their unknown successors who may
309	602		be served by publication may be includ ed in one
310	603		notice. The notice shall state the court in which the
311	604		petition is filed and the names of the p laintiff and
312	605		the parties served by publication, and shall designate
313	606		the parties whose unknown successors are being served.
314	607		The notice shall also state that the named defendants
315		-	and their unknown ~~su ccessors~~ have been sued and must ~~ENR. H. B. NO. 3381 Page 8~~
	608	+	and their unknown success ors have been sued and must
316	609		answer the petition on or before a time to be stated
317	610		(which shall not be less than forty -one (41) days from
318	611		the date of the first publication), or judgment, the
319	612		nature of which shall be stated, will be rendered
320	613		accordingly. If jurisdiction of the court is based on
321	614		property, any real property subject to the
322	615		jurisdiction of the court and any property or debts to
323	616		be attached or garnished must be described in the
324	617		notice.
325		-
326	618		(1) When the recovery of money is sought, it is not
327	619		necessary for the publication notice to state the
328	620		separate items involved, but the total amount
329	621		that is claimed must be stated. When interest is
330	622		claimed, it is not necessary to state the rate of
331	623		interest, the date from which interest is claimed
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332	651		or that interest is claimed until the obligation
333	652		is paid.
334		-
335	653		(2) It is not necessary for the publication notice to
336	654		state that the judgment will in clude recovery of
337	655		costs in order for a judgment following the
338	656		publication notice to include costs of suit.
339		-
340	657		(3) In an action to quiet title to real property, it
341	658		is not necessary for the publication notice to
342	659		state the nature of the claim or interest of
343	660		either party, and in describing the nature of the
344	661		judgment that will be rendered shou ld the
345	662		defendant fail to answer, it is sufficient to
346	663		state that a decree quieting plaintiff's title to
347	664		the described property will be entered. It is
348	665		not necessary to state th at a decree forever
349	666		barring the defendant from asserting any interest
350	667		in or to the property is sought or will be
351	668		entered if the defen dant does not answer.
352		-
353	669		(4) In an action to foreclose a mortgage, it is
354	670		sufficient that the publication notice state that
355	671		if the defendant does not answer, the defendant 's
356	672		interest in the property will be f oreclosed. It
357	673		is not necessary to state that a judg ment forever
358	674		barring the defendant from all right, ti tle,
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359	702		interest, estate, property and equity of
360		-	redemption in or to the property or any part ~~ENR. H. B. NO. 3381 Page 9~~
	703	+	redemption in or to the property or any part
361	704		thereof is requested or will be entered if the
362	705		defendant does not answer.
363		-
364	706		d. Service by publication is complete when made in the
365	707		manner and for the time prescribed i n subparagraph c
366	708		of this paragraph. Service by publication shall be
367	709		proved by the affidavit of any person having knowledge
368	710		of the publication. No def ault judgment may be
369	711		entered on such service until p roof of service by
370	712		publication is filed with and approved by the court.
371		-
372	713		e. Before entry of a default judgment or order agai nst a
373	714		party who has been served solely by publication under
374	715		this paragraph, the c ourt shall conduct an inquiry to
375	716		determine whether the plaintiff, or someone acting in
376	717		behalf of the plaintiff, made a distinct and
377	718		meaningful search of all reasonably availab le sources
378	719		to ascertain the whereabouts of any named parties who
379	720		have been served solely by publication under this
380	721		paragraph. Before entry of a default judgment or
381	722		order against the unk nown successors of a named
382	723		defendant, a named decedent or a dissolved
383	724		partnership, corporation or association, the court
384	725		shall conduct an inquiry to as certain whether the
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385	753		requirements described in subpar agraph b of this
386	754		paragraph have been satisfied.
387		-
388	755		f. A party against whom a default judgment or order has
389	756		been rendered, without other service than by
390	757		publication in a newspaper, may, at any time within
391	758		three (3) years after the filing of the judgment or
392	759		order, have the judgment or order set aside in the
393	760		manner prescribed in Sections 1031.1 and 1033 of this
394	761		title. Before the ju dgment or order is set aside, the
395	762		applicant shall notify the adverse party of the
396	763		intention to make an application and shall file a f ull
397	764		answer to the petition, pay all costs if the cour t
398	765		requires them to be paid and satisfy the court by
399	766		affidavit or other evidence that during the pendency
400	767		of the action the applicant had no actual noti ce
401	768		thereof in time to appear in court and make a def ense.
402	769		The title to any property which is the subject of and
403	770		which passes to a purchaser in good faith by or in
404	771		consequence of the judgment or order to be opened
405		-	shall not be affected by any proceedings u nder this ~~ENR. H. B. NO. 3381 Page 10~~
	772	+	shall not be affected by any proceedings u nder this
406	773		subparagraph. Nor shall proceedings under this
407	774		subparagraph affect the title of any property s old
408	775		before judgment under an attachment. The adverse
409	776		party, on the hearing of an application to open a
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410	804		judgment or order as provided by this subparagr aph,
411	805		shall be allowed to present evidence to show th at
412	806		during the pendency of the action the applicant ha d
413	807		notice thereof in time to appear in court and make a
414	808		defense.
415		-
416	809		g. The term "successors" includes all heirs, executors,
417	810		administrators, devisees, trust ees and assigns,
418	811		immediate and remote, of a named in dividual,
419	812		partnership, corporation or association.
420		-
421	813		h. Service outside of the state does not give the court
422	814		in personal jurisdiction over a defendant who is not
423	815		subject to the jurisdiction of the courts of this
424	816		state or who has not, either in person or thro ugh an
425	817		agent, submitted to the jurisdiction of the co urts of
426	818		this state.
427		-
428	819		4. SERVICE ON THE SECRETARY OF STATE.
429		-
430	820		a. Service of process on a domestic or foreign
431	821		corporation may be made by serving the Secret ary of
432	822		State as the corporation 's agent, if:
433		-
434	823		(1) there is no registered agent for the corporation
435	824		listed in the records of the Secretary of State,
436	825		or
437		-
438	826		(2) neither the registere d agent nor an officer of
439	827		the corporation could be found at the registered
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440	855		office of the corporation, when service of
441	856		process was attempted.
442		-
443	857		b. Before resorting to service on the Secreta ry of State
444	858		the plaintiff must have attempted service either in
445	859		person or by mail on the corporation at:
446		-
447	860		(1) the corporation's last-known address shown on the
448	861		records of the Franchise Tax Division of the
449	862		Oklahoma Tax Commission, if any is listed there,
450		-	and ENR. H. B. NO. 3381 Page 11
451		-
	863	+	and
452	864		(2) the corporation's last-known address shown on the
453	865		records of the Secretary of State, if any is
454	866		listed there, and
455		-
456	867		(3) the corporation's last address known to the
457	868		plaintiff.
458		-
459	869		If any of these addresses are the same, the plaintiff
460	870		is not required to attemp t service more than once at
461	871		any address. The plaintiff shall furnish the
462	872		Secretary of State with a certified copy of the return
463	873		or returns showing the attempted service.
464		-
465	874		c. Service on the Secretary of S tate shall be made by
466	875		filing two (2) copies of the su mmons and petition with
467	876		the Secretary of State, notifying the Secretar y of
468	877		State that service is being made pursuant to the
469	878		provisions of this paragrap h, and paying the Secretary
	879	+
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470	906		of State the fee prescri bed in paragraph 7 of
471	907		subsection A of Section 1142 of Title 18 of the
472	908		Oklahoma Statutes, which fee shall be taxed as part o f
473	909		the costs of the action, suit or proceeding if the
474	910		plaintiff shall prevail ther ein. If a registered
475	911		agent for the corporation is l isted in the records of
476	912		the Secretary of State, the p laintiff must also
477	913		furnish a certified copy of the return showing that
478	914		service on the registered agent has been attempted
479	915		either in person or by mail, and that neither the
480	916		registered agent nor an officer of the corporation
481	917		could be found at the registered office of the
482	918		corporation.
483		-
484	919		d. Within three (3) working days after rece iving the
485	920		summons and petition, the Secretary of State shall
486	921		send notice by lette r, certified mail, return receipt
487	922		requested, directed to the corporation at its
488	923		registered office or the last-known address found in
489	924		the office of the Secretary of State, or i f no address
490	925		is found there, to the corporation 's last-known
491	926		address provided by the plaintiff. The notice shall
492	927		enclose a copy of the summons and petition and any
493	928		other papers served u pon the Secretary of State. The
494		-	corporation shall not be required to serve its answer ENR. H. B. NO. 3381 Page 12
	929	+	corporation shall not be required to serve its answer
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495	957		until forty (40) days after service of the summons and
496	958		petition on the Secretary of State.
497		-
498	959		e. Before entry of a defa ult judgment or order against a
499	960		corporation that has been served by serving the
500	961		Secretary of State as its agent under this paragraph,
501	962		the court shall determine whether the requirements of
502	963		this paragraph have been satisfied. A default
503	964		judgment or order aga inst a corporation that has been
504	965		served only by servi ce on the Secretary of State may
505	966		be set aside upon motion of the corpo ration in the
506	967		manner prescribed in Section 1031.1 of this title, or
507	968		upon petition of the corporation in the manner
508	969		prescribed in Section 1033 of this title, if the
509	970		corporation demonstrat es to the court that it had no
510	971		actual notice of the action in time to appear and make
511	972		its defense. A petition shall be filed within one (1)
512	973		year after the corporation has notice of the default
513	974		judgment or order but in no event more than two (2)
514	975		years after the filing of the default judgment or
515	976		order.
516		-
517	977		f. The Secretary of Sta te shall maintain an alphabetical
518	978		record of service setting forth the name of the
519	979		plaintiff and defendant, the title, docket number a nd
520	980		nature of the proceeding in which the process has been
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521	1008		served upon the defendant, the fact that service has
522	1009		been effected pursuant to the provisions of this
523	1010		paragraph, the return date thereof and the d ate when
524	1011		the service was made. The Secretary of Sta te shall
525	1012		not be required to retain this information f or a
526	1013		period longer than five (5) years from receipt of the
527	1014		service of process.
528		-
529	1015		g. The provisions of this paragraph shall not apply to a
530	1016		foreign insurance company doing business in this
531	1017		state.
532		-
533	1018		5. SERVICE BY ACKNOWLEDGMENT. An acknowledgment on the back of
534	1019		the summons or the voluntary appearance of a defendant is equivalent
535	1020		to service.
536		-
537	1021		6. SERVICE BY OTHER METHODS. If service cannot be made by
538	1022		personal delivery or by mail, a defendant of any class referr ed to
539		-	in division (1) or (3) of ~~s ubparagraph~~ c of par agraph 1 of this ~~ENR. H. B. NO. 3381 Page 13~~
	1023	+	in division (1) or (3) of subparagraph c of par agraph 1 of this
540	1024		subsection may be served as provided by court order i n a manner
541	1025		which is reasonably calculated to give the defendant actual notice
542	1026		of the proceedings and an opportunity to be heard and u pon filing an
543	1027		affidavit by the plaintiff or plaintiff 's attorney that with due
544	1028		diligence service cannot otherwise be made u pon the defendant.
545		-
546	1029		7. NO SERVICE BY PRISONER. No prisoner in any jail, Departme nt
547	1030		of Corrections facility, private prison, or parol ee or probationer
548	1031		under supervision of the Department of Corrections shall be
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549	1059		appointed by any court to serve process on an y defendant, party or
550	1060		witness.
551		-
552	1061		D. SUMMONS AND PETITION. The summons and petitio n shall be
553	1062		served together. The plaintiff shall fur nish the person making
554	1063		service with such copies as ar e necessary. The failure to serve a
555	1064		copy of the petition with the sum mons is not a ground for dismissal
556	1065		for insufficiency of service of process, but o n motion of the party
557	1066		served, the court may extend t he time to answer or otherwise plead.
558	1067		If a summons and petition are served by personal delivery, the
559	1068		person serving the su mmons shall state on the copy that is left with
560	1069		the person served the date that s ervice is made. This provision is
561	1070		not jurisdictional, but if the failure to comply with it prejudices
562	1071		the party served, the court, on motion of the party served, may
563	1072		extend the time to answer or otherwise plead.
564		-
565	1073		E. SUMMONS: TERRITORIAL LIMITS OF EFFECTI VE SERVICE.
566		-
567	1074		1. Service of the summons and petition may be made anywhere
568	1075		within this state in the manner provided by subsection C of this
569	1076		section.
570		-
571	1077		2. When the exercise of jur isdiction is authorized by
572	1078		subsection F of this section, service of the summons a nd petition
573	1079		may be made outside this state:
574		-
575	1080		a. by personal delivery in the manner prescribed for
576	1081		service within this state,
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577	1108
578	1109		b. in the manner prescribed by the law of the place in
579	1110		which the service is made for service in that place in
580	1111		an action in any of it s courts of general
581	1112		jurisdiction,
582		-
583	1113		c. in the manner prescribed by paragraph 2 of subsection
584		-	C of this section, ENR. H. B. NO. 3381 Page 14
585		-
	1114	+	C of this section,
586	1115		d. as directed by the foreign authority in response to a
587	1116		letter rogatory,
588		-
589	1117		e. in the manner prescribed by paragraph 3 of subsection
590	1118		C of this section only when permitted by subparagraphs
591	1119		a and b of paragraph 3 of subsection C of this
592	1120		section, or
593		-
594	1121		f. as directed by the court.
595		-
596	1122		3. Proof of service outside this state may be made in the
597	1123		manner prescribed by subsection G of this section, the order
598	1124		pursuant to which the service is made, or the law of the pla ce in
599	1125		which the service is made for proof of service in an action in any
600	1126		of its courts of general jurisdiction.
601		-
602	1127		4. Service outside this state may be made by an individual
603	1128		permitted to make service of pro cess under the law of this state or
604	1129		under the law of the place in which the service is made or who is
605	1130		designated to make service by a court of this state.
606		-
607	1131		5. When subsection C of this section requires that in order to
608	1132		effect service one or more designated individuals be served, service
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609	1160		outside this state u nder this section must be made upon the
610	1161		designated individual or individuals.
611		-
612	1162		6. a. A court of this state may order service upon any
613	1163		person who is domiciled or can be found within this
614	1164		state of any document issued in connection with a
615	1165		proceeding in a tribu nal outside this state. The
616	1166		order may be made upon a pplication of any interested
617	1167		person or in response to a letter rogator y issued by a
618	1168		tribunal outside this state and shall direct the
619	1169		manner of service.
620		-
621	1170		b. Service in connection with a proceeding in a tri bunal
622	1171		outside this state may be made within this stat e
623	1172		without an order of court.
624		-
625	1173		c. Service under this paragraph does not, of itself,
626	1174		require the recognition or enforcement of an order,
627	1175		judgment or decree rendered outside this state.
628		-	ENR. H. B. NO. 3381 Page 15
629	1176		F. ASSERTION OF JURI SDICTION. A court of this state may
630	1177		exercise jurisdiction on any basis consistent with the Constitution
631	1178		of this state and the Constitution of the United States.
632		-
633	1179		G. RETURN.
634		-
635	1180		1. The person serving the pro cess shall make proof of service
636	1181		thereof to the court promptly and in any event within the time
637	1182		during which the person served must respond to the process, but the
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638	1210		failure to make proof of service does not affect the validity of the
639	1211		service.
640		-
641	1212		2. When process has been served by a sheriff or deputy sheriff
642	1213		and return thereof is filed in the office of the court clerk, a copy
643	1214		of the return shall be sent by the court clerk to the pl aintiff's
644	1215		attorney within three (3) days after the return is filed. If
645	1216		service is made by a person other than a sheriff or deputy sh eriff,
646	1217		the licensed process server shall make affidav it thereof. The
647	1218		return shall set forth the county of issuance, the na me of the
648	1219		person served and the date, place and method of service.
649		-
650	1220		3. If service was by mail, the person mailing the summons and
651	1221		petition shall endorse on the copy of the summons or ord er of the
652	1222		court that is filed in the action the date and place of mail ing and
653	1223		the date when service was receipted or service was rejected, and
654	1224		shall attach to the copy of the summons or order a copy of t he
655	1225		return receipt or returned envelope, if and when r eceived, showing
656	1226		whether the mailing was accepted, refused or otherwis e returned. If
657	1227		the mailing was refused, the return shall also show the date and
658	1228		place of any subsequent mailing pursuant to paragrap h 2 of
659	1229		subsection C of this section. When the summon s and petition are
660	1230		mailed by the court clerk, the court clerk shall no tify the
661	1231		plaintiff's attorney within three (3) days after receipt of the
662	1232		returned card or envelope showing that the card or envelope has been
663	1233		received.
664	1234
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665	1261		H. AMENDMENT. At any time in its discretion and upon such
666	1262		terms as it deems just, the court may allow any process or proof of
667	1263		service thereof to be amended, unless it clearly appears that
668	1264		material prejudice would result to the substant ial rights of the
669	1265		party against whom the process issu ed.
670		-
671	1266		I. SUMMONS: TIME LIMIT FOR SERVICE. If service of process is
672	1267		not made upon a defendant within one hundred eighty (180) days after
673		-	the filing of the petition and the plaintiff has not shown good ~~ENR. H. B. NO. 3381 Page 16~~
	1268	+	the filing of the petition and the plaintiff has not shown good
674	1269		cause why such service was not made within that period, the action
675	1270		shall be deemed dismissed as to that defendant without pre judice and
676	1271		Section 100 of this title shall be applicable to any refiling of the
677	1272		action. Upon application of a defendant not timely s erved, the
678	1273		court shall enter an order dismissing the action as to that
679	1274		defendant. The court shall enter a dismissal order of an action
680	1275		within two hundred (200) days after the filing of the action in
681	1276		which no service has been made on any defendant as requi red pursuant
682	1277		to this section and such order shall be mailed to the address of the
683	1278		party or the party's attorney of record. The action shall not be
684	1279		dismissed if a summons was served on the defendant withi n one
685	1280		hundred eighty (180) days after the filing of the petition and a
686	1281		court later holds that the summons or its service was invalid.
687	1282		After a court quashes a summons or its s ervice, a new summons may be
688	1283		served on the defendant within a time specified by t he judge. If
689	1284		the new summons is not served within t he specified time, the action
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690	1312		shall be deemed to have been dismissed without prejudice as to that
691	1313		defendant. This subsecti on shall not apply with respect to a
692	1314		defendant who has been outside of this state for one hundred eighty
693	1315		(180) days following the fil ing of the petition.
694		-
695	1316		SECTION 2. This act shall become effective November 1, 2022.
696		-	ENR. H. B. NO. 3381 Page 17
697		-	Passed the House of Representatives the 8th day of March, 2022.
698		-
699		-
700		-
701		-
702		-	Presiding Officer of the House
703		-	of Representatives
704		-
705		-
706		-	Passed the Senate the 19th day of April, 2022.
707		-
708		-
709		-
710		-
711		-	Presiding Officer of the Senat e
712		-
713		-
714		-	OFFICE OF THE GOVERNOR
715		-	Received by the Office of the Governor this ____________________
716		-	day of ___________________, 20_______, at _______ o'clock _______ M.
717		-	By: _________________________________
718		-	Approved by the Governor of the State of Oklahoma this _____ ____
719		-	day of ___________________, 20_______, at _______ o'clock _______ M.
720		-
721		-
722		-	_________________________________
723		-	Governor of the State of Oklahoma
724		-
725		-	OFFICE OF THE SECRETARY OF STATE
726		-	Received by the Office of the Secretary of State this __________
727		-	day of ___________________, 20_______, at _______ o'clock _______ M.
728		-	By: _________________________________
729		-
	1317	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	1318	+	April 5, 2022 - DO PASS