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ENGROSSED SENATE
BILL NO. 29 By: Bergstrom of the Senate
and
Hardin (David) of the House
An Act relating to forcible entry and deta iner;
amending 12 O.S. 2011, Sections 1148.10 and 1148.10A,
which relate to writs of execution; modifying certain
form; specifying restor ation of physical possession
to plaintiff under certain circumstances; making
language gender neutral; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2011, Section 1148.10, is
amended to read as follows:
Section 1148.10. If judgment be for plaintiff, the court shal l,
at the request of the plaintiff, his or her agent or attorney, issue
a writ of execution thereon, which shall be in substantially the
following form:
The State of Oklahoma, _______ County.
The State of Oklahoma to the Sheriff of ________ County:
Whereas, in a certain action for the forcible en try and
detention (or for the forcible detention as the case may b e) of the
following described premises, to wit: __________ ____ lately tried
before me, wherein _____ ____ was plaintiff, and _______ was
defendant, judgment was rendered on the ____ day of _ _____, 1920__,
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that the plaintiff have restitution of said premise s; and also that
he recover rent, attorney fees and costs in the sum of ______; you,
therefore, are hereby commanded to cause the defendant to be
forthwith removed from said premises and the said plaintiff to have
restitution or physical possession or both of the same; also that
you levy on the goods and chattels of the said defendant, and make
the costs aforesaid, and all accruing costs, and of this writ, make
legal service and due return.
Witness my hand this _____ day of ________, 1920__.
_______________
A.B., Judge
A motion for a new trial may be filed only within three (3) days
of judgment but shall not operate to stay execution.
SECTION 2. AMENDATORY 12 O.S. 2011, Sectio n 1148.10A, is
amended to read as follows:
Section 1148.10A. A. The plaintiff or agent of the plaintiff
or officer shall immediately notify the defendant in person or b y
posting of said notice that the plaintiff o r agent of the plaintiff
or officer shall return in forty-eight (48) hours to restore the
plaintiff possession of the premises by executing the writ
prescribed in Section 1148.10 of this title and shall make lev y to
collect the amount of the judgment and a ll accruing costs.
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B. The original writ of execution issued as provided by Section
1148.10 of this title shall be filed in the action in the manner
provided for judgments in civil cases.
C. The plaintiff or ag ent of the plaintiff may execute the writ
upon the defendant by personally serving a c ertified copy of the
writ upon the defendant or upon a person authorized to receive
service of process as provided by Section 2004 of this title. If
the plaintiff or age nt of the plaintiff is unable to personally
serve the defendant or a person authorized to receive service of
process as provided by Section 2 004 of this title, the plaintiff or
agent of the plaintiff may post a notice in a conspicuous place at
the premises address that the plaintiff or agent of the p laintiff
shall return at a specified date and time, which shall be not less
than forty-eight (48) hours from the time of posting, to restore the
plaintiff to physical possession of the premises by executing the
writ prescribed in Section 1148.10 of this ti tle.
D. Any person who wrongfully refuse s to surrender physical
possession of the premises desc ribed in the writ of execution upon
service of the writ by the plaintiff or the agent of the plaintiff
shall, upon conviction, be dee med guilty of a trespass an d may be
punished by a fine in an amount not to exceed Five Hundred Dollars
($500.00) or by conf inement in the county jail for a period not to
exceed thirty (30) days or by both such fine and imprisonment.
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E. The plaintiff or th e agent of the plaintiff ma y summon
either the sheriff of the county or the law enforcement agency of
the city or town in w hich the premises are located for assistance in
executing the writ.
F. The plaintiff’s, the agent of the plaintiff ’s, or the
officer’s return shall be as upon other executions. Within two (2)
days of the date of the judgment, the defendant may post a
supersedeas bond conditioned as provided by law. This time limit
may be enlarged by a trial judge ’s order to not more than seven (7)
days after the date of judgme nt. The posting of a supersedeas bond
shall not be construed to relieve the defendant of his or her duty
to pay current rent as it becomes due while the appeal is pending.
The rent shall be paid into the court clerk ’s office together wi th
poundage. If there be controversy as to the amount of r ent, the
judge shall determine by order how much shall be paid in what time
intervals. Withdrawal by the plaintiff of rent deposited in the
court clerk’s office pending appeal shall not operate to estop him
or her from urging on appeal his or her right to the possession of
the premises. Failure to pay curren t rentals while the appeal is
pending shall be considered as abandonment of the appeal.
SECTION 3. This act shall become effective November 1, 2021.
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Passed the Senate the 9th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives