Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB31 Compare Versions

Version 1 (Old)

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3	28
4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 31 By: Daniels and Boren of the
7	37		Senate
8	38
9	39		and
10	40
11	41		Moore of the House
12	42
13	43
14	44
15	45
16	46
17	47		An Act relating to the Oklahoma Pleading Code;
18	48		amending 12 O.S. 2011, Section 2004, as last amended
19	49		by Section 1, Chapter 305, O.S.L. 2017 (12 O.S. Supp.
20	50		2020, Section 2004), which relates to process;
21	51		requiring dismissal of certain actions within certain
22	52		time period; requiring mailing of certain order;
23	53		updating statutory language; and declaring an
24	54		emergency.
25	55
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27	57
28	58
29		-	SUBJECT: Oklahoma Pleading Cod e
30		-
31	59		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
32		-
33	60		SECTION 1. AMENDATORY 12 O.S. 2011, Section 2004, as
34	61		last amended by Section 1, Chapter 305, O.S.L. 2017 (12 O.S. Supp .
35	62		2020, Section 2004), is amended to read as follows:
36		-
37	63		Section 2004.
38		-
39	64		PROCESS
40		-
41	65		A. SUMMONS: ISSUANCE. Upon filing of the petition, the clerk
42	66		shall forthwith issue a summons. Upon request of the plaintiff
43	67		separate or additional summons shall issue against a ny defendants.
44	68
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45	95		B. SUMMONS: FORM.
46		-
47		-
48		-	ENR. S. B. NO. 31 Page 2
49	96		1. The summons shall be signed by the clerk, be under the seal
50	97		of the court, contain the name of the court and the names of the
51	98		parties, be directed to the defendant, state the name and address of
52	99		the plaintiff’s attorney, if any, otherwise, the plaintiff ’s
53	100		address, and the time within which these rules require the defendant
54	101		to appear and defend, and shall notify the defendant that in case of
55	102		failure to appear, judgment by default will be rendered against the
56	103		defendant for the relief demanded in the petition.
57		-
58	104		2. A judgment by default shall not be different in kind from or
59	105		exceed in amount that prayed for in either the demand for judgment
60	106		or in cases not sounding in contract in a notice which has been
61	107		given the party again st whom default judgment is sought. Except as
62	108		to a party against whom a judgment is entered by default, every
63	109		final judgment shall grant the relief to which the party in whose
64	110		favor it is rendered is entitled, even if the party has not demanded
65	111		such relief in his or her pleadings.
66		-
67	112		C. BY WHOM SERVED: PERSON TO BE SERVED.
68		-
69	113		1. SERVICE BY PERSONAL DELIVERY.
70		-
71	114		a. At the election of the plaintiff, process, other than
72	115		a subpoena, shall be served by a sheriff or deputy
73	116		sheriff, a person licensed to make service of process
74	117		in civil cases, or a person specially appointed for
75	118		that purpose. The court shall freely make special
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76	146		appointments to serve all process, other than a
77	147		subpoena, under this paragraph.
78		-
79	148		b. A summons to be served by the sheriff or deputy
80	149		sheriff shall be delivered to the sheriff by the court
81	150		clerk or an attorney of record for the plaintiff.
82	151		When a summons, subpoena , or other process is to be
83	152		served by the sheriff or deputy sheriff of another
84	153		county, the court clerk shall mail it, together with
85	154		the voucher of the court clerk for the fees collected
86	155		for the service, to the sheriff of that county. The
87	156		sheriff shall deposit the voucher in the Sheriff ’s
88	157		Service Fee Account created pursuant to Section 514.1
89	158		of Title 19 of the Oklahoma Statutes. The sheriff or
90	159		deputy sheriff shall serve the process in the manner
91		-
92		-	ENR. S. B. NO. 31 Page 3
93	160		that other process issued out of the court of the
94	161		sheriff’s own county is served. A summons to be
95	162		served by a person licensed to make service of process
96	163		in civil cases or by a person specially appoin ted for
97	164		that purpose shall be delivered by an attorney of
98	165		record for the plaintiff to such person.
99		-
100	166		c. Service shall be made as follows:
101		-
102	167		(1) upon an individual other than an infant who is
103	168		less than fifteen (15) years of age or an
104	169		incompetent person, by deli vering a copy of the
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105	197		summons and of the petition personally or by
106	198		leaving copies thereof at the person ’s dwelling
107	199		house or usual place of abode with some person
108	200		then residing therein who is fifteen (15) years
109	201		of age or older or by delivering a copy of the
110	202		summons and of the petition to an agent
111	203		authorized by appointment or by law to receive
112	204		service of process,
113		-
114	205		(2) upon an infant who is less than fifteen (15)
115	206		years of age, by serving the summons and petition
116	207		personally and upon either of the infant ’s
117	208		parents or guardian, or if they cannot be found,
118	209		then upon the person having the care or control
119	210		of the infant or with whom the infant lives; and
120	211		upon an incompetent person by serving the summons
121	212		and petition personally and upon the incompetent
122	213		person’s guardian,
123		-
124	214		(3) upon a domestic or foreign corporation or upon a
125	215		partnership or other unincorporated association
126	216		which is subject to suit under a common name, by
127	217		delivering a copy of the summons and of the
128	218		petition to an officer, a managing or general
129	219		agent, or to any other agent authorized by
130	220		appointment or by law to receive service of
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131	248		process and, if the agent is one authorized by
132	249		statute to receive service and the statute so
133	250		requires, by also mailing a copy to the
134	251		defendant,
135		-
136		-	ENR. S. B. NO. 31 Page 4
137		-
138	252		(4) upon the United States or an officer or agency
139	253		thereof in the manner specified by Federal Rule
140	254		of Civil Procedure 4,
141		-
142	255		(5) upon a state, county, school district, public
143	256		trust or municipal corporation or other
144	257		governmental organization thereof subject to
145	258		suit, by delivering a copy of the summon s and of
146	259		the petition to the officer or individual
147	260		designated by specific statute; however, if there
148	261		is no statute, then upon the chief executive
149	262		officer or a clerk, secretary , or other official
150	263		whose duty it is to maintain the official records
151	264		of the organization,
152		-
153	265		(6) upon an inmate incarcerated in an institution
154	266		under the jurisdiction and control of the
155	267		Department of Corrections, by delivering a copy
156	268		of the summons and of the petition to the warden
157	269		or superintendent or the designee of the warden
158	270		or superintendent of the institution where the
159	271		inmate is housed. It shall be the duty of the
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160	299		receiving warden or superintendent or a designee
161	300		to promptly deliver the summons and petition to
162	301		the inmate named therein. The warden or
163	302		superintendent or his or her desi gnee shall
164	303		reject service of process for any inmate who is
165	304		not actually present in said the institution, and
166		-
167	305		(7) upon an inmate incarcerated in a county jail or
168	306		detention center under the jurisdiction and
169	307		control of the county sheriff or the jail trust
170	308		of the county, by delivering a copy of the
171	309		summons and of the petition to the jail or
172	310		detention center administrator or the designee of
173	311		such administrator of the jail or detention
174	312		center where the inmate is housed. It shall be
175	313		the duty of the receiving jail or detention
176	314		center administrator or designee to promptly
177	315		deliver the summons and petition to the inmate
178	316		named therein. The jail or detention center
179		-
180		-	ENR. S. B. NO. 31 Page 5
181	317		administrator or designee shall reject service of
182	318		process for any inmate who is not actually
183	319		present in the jail or detention center.
184		-
185	320		2. SERVICE BY MAIL.
186		-
187	321		a. At the election of the plaintiff, a summons and
188	322		petition may be served by mail by the plaintiff ’s
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189	350		attorney, any person authorized to serve process
190	351		pursuant to subparagraph a of paragraph 1 of this
191	352		subsection, or by the court clerk upon a defendant of
192	353		any class referred to in division (1), (3) or (5) of
193	354		subparagraph c of paragraph 1 of this subsection.
194	355		Service by mail shall be effective on the date of
195	356		receipt or if refused, on the date of refusal of the
196	357		summons and petition by the defendant.
197		-
198	358		b. Service by mail shall be accomplished by mailing a
199	359		copy of the summons and petition by certified mail,
200	360		return receipt requested and delivery restricted to
201	361		the addressee. When there is more than one defendant,
202	362		the summons and a copy of the petition or order shall
203	363		be mailed in a separate envelope to each defendant.
204	364		If the summons is to be served by mail by the court
205	365		clerk, the court clerk shall enclose the summons and a
206	366		copy of the petition or order of the court to be
207	367		served in an envelope, prepared by the plaintiff,
208	368		addressed to the defendant, or to the resident service
209	369		agent if one has been appointed. The court clerk
210	370		shall prepay the postage and mail the envelope to the
211	371		defendant, or service agent, by certified mail , return
212	372		receipt requested and delivery restricted to the
213	373		addressee. The return receipt shall be prepared by
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214	401		the plaintiff. Service by mail to a garnishee shall
215	402		be accomplished by mailing a copy of the summons and
216	403		notice by certified mail, return receipt requested,
217	404		and at the election of the judgment creditor by
218	405		restricted delivery, to the addressee.
219		-
220	406		c. Service by mail shall not be the basis for the entry
221	407		of a default or a judgment by default unless the
222	408		record contains a return receipt showing acceptance by
223		-
224		-	ENR. S. B. NO. 31 Page 6
225	409		the defendant or a returned envelope showing refusal
226	410		of the process by the defendant. Acceptance or
227	411		refusal of service by mail by a person who is fifteen
228	412		(15) years of age or older who resides at the
229	413		defendant’s dwelling house or usual place of abode
230	414		shall constitute acceptance or refusal by the party
231	415		addressed. In the case of an entity described in
232	416		division (3) of subparagraph c of paragraph 1 of this
233	417		subsection, acceptance or refusal by any officer or by
234	418		any employee of the registered office or princ ipal
235	419		place of business who is authorized to or who
236	420		regularly receives certified mail shall constitute
237	421		acceptance or refusal by the party addressed. A
238	422		return receipt signed at such registered office or
239	423		principal place of business shall be presumed to have
240	424		been signed by an employee authorized to receive
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241	452		certified mail. In the case of a state municipal
242	453		corporation, or other governmental organization
243	454		thereof subject to suit, acceptance or refusal by an
244	455		employee of the office of the officials specified in
245	456		division (5) of subparagraph c of paragraph 1 of this
246	457		subsection who is authorized to or who regularly
247	458		receives certified mail shall constitute acceptance or
248	459		refusal by the party addressed. If delivery of the
249	460		process is refused, upon the receipt of notice of such
250	461		refusal and at least ten (10) days before applying for
251	462		entry of default, the person elected by plaintiff
252	463		pursuant to subparagraph a of this paragraph to serve
253	464		the process shall mail to the defendant by first -class
254	465		mail a copy of the summons and petit ion and a notice
255	466		prepared by the plaintiff that despite such refusal
256	467		the case will proceed and that judgment by default
257	468		will be rendered against him unless he appears to
258	469		defend the suit. Any default or judgment by default
259	470		shall be set aside upon motion of the defendant in the
260	471		manner prescribed in Section 1031.1 of this title, or
261	472		upon petition of the defendant in the manner
262	473		prescribed in Section 1033 of this title if the
263	474		defendant demonstrates to the court that the return
264	475		receipt was signed or delivery was refused by an
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265	503		unauthorized person. A petition shall be filed within
266	504		one (1) year after the defendant has notice of the
267		-
268		-	ENR. S. B. NO. 31 Page 7
269	505		default or judgment by default but in no event more
270	506		than two (2) years after the filing of the judgment.
271		-
272	507		3. SERVICE BY PUBLICATION.
273		-
274	508		a. Service of summons upon a named defendant may be made
275	509		by publication when it is stated in the petition,
276	510		verified by the plaintiff or the plaintiff ’s attorney,
277	511		or in a separate affidavit by the plaintiff or the
278	512		plaintiff’s attorney filed with the court, tha t with
279	513		due diligence service cannot be made upon the
280	514		defendant by any other method.
281		-
282	515		b. Service of summons upon the unknown successors of a
283	516		named defendant, a named decedent , or a dissolved
284	517		partnership, corporation , or other association may be
285	518		made by publication when it is stated in a petition,
286	519		verified by the plaintiff or the plaintiff ’s attorney,
287	520		or in a separate affidavit by the plaintiff or the
288	521		plaintiff’s attorney filed with the court, that the
289	522		person who verified the petition or the affidavit does
290	523		not know and with due diligence cannot ascertain the
291	524		following:
292	525
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293	552		(1) whether a person named as defendant is living or
294	553		dead, and, if dead, the names or whereabouts of
295	554		the person’s successors, if any,
296		-
297	555		(2) the names or whereabouts of the unknown
298	556		successors, if any, of a named decedent,
299		-
300	557		(3) whether a partnership, corporation , or other
301	558		association named as a defendant continues to
302	559		have legal existence or not; or the names or
303	560		whereabouts of its officers or successors,
304		-
305	561		(4) whether any person designated in a record as a
306	562		trustee continues to be the trustee; or the names
307	563		or whereabouts of the successors of the trustee,
308	564		or
309		-
310		-
311		-	ENR. S. B. NO. 31 Page 8
312	565		(5) the names or whereabouts of the owners or holders
313	566		of special assessment or improvement bonds, or
314	567		any other bonds, sewer warrants or tax bills.
315		-
316	568		c. Service pursuant to this paragraph shall be made by
317	569		publication of a notice, signed by the court clerk,
318	570		one (1) day a week for three (3) consecutive weeks in
319	571		a newspaper authorized by law to publish legal notices
320	572		which is published in the county where the pe tition is
321	573		filed. If no newspaper authorized by law to publish
322	574		legal notices is published in such county, the notice
323	575		shall be published in some such newspaper of general
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324	603		circulation which is published in an adjoining county.
325	604		All named parties and their un known successors who may
326	605		be served by publication may be included in one
327	606		notice. The notice shall state the court in which the
328	607		petition is filed and the names of the plaintiff and
329	608		the parties served by publication, and shall designate
330	609		the parties whose un known successors are being served.
331	610		The notice shall also state that the named defendants
332	611		and their unknown successors have been sued and must
333	612		answer the petition on or before a time to be stated
334	613		(which shall not be less than forty -one (41) days from
335	614		the date of the first publication), or judgment, the
336	615		nature of which shall be stated, will be rendered
337	616		accordingly. If jurisdiction of the court is based on
338	617		property, any real property subject to the
339	618		jurisdiction of the court and any property or debts to
340	619		be attached or garnished must be described in the
341	620		notice.
342		-
343	621		(1) When the recovery of money is sought, it is not
344	622		necessary for the publication notice to state the
345	623		separate items involved, but the total amount
346	624		that is claimed must be stated. When interest is
347	625		claimed, it is not necessary to state the rate of
348	626		interest, the date from which interest is
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349	654		claimed, or that interest is claimed until the
350	655		obligation is paid.
351		-
352	656		(2) It is not necessary for the publication notice to
353	657		state that the judgment will include recovery of
354		-
355		-	ENR. S. B. NO. 31 Page 9
356	658		costs in order for a judgment following the
357	659		publication notice to include costs of suit.
358		-
359	660		(3) In an action to quiet title to real property, it
360	661		is not necessary for the publication notice to
361	662		state the nature of the claim or interest of
362	663		either party, and in describing the nature of the
363	664		judgment that will be rendered should the
364	665		defendant fail to answer, it is sufficient to
365	666		state that a decree quieting plaintiff ’s title to
366	667		the described property will be entered. It is
367	668		not necessary to state that a decree forev er
368	669		barring the defendant from asserting any interest
369	670		in or to the property is sought or will be
370	671		entered if the defendant does not answer.
371		-
372	672		(4) In an action to foreclose a mortgage, it is
373	673		sufficient that the publication notice state that
374	674		if the defendant doe s not answer, the defendant ’s
375	675		interest in the property will be foreclosed. It
376	676		is not necessary to state that a judgment forever
377	677		barring the defendant from all right, title,
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378	705		interest, estate, property and equity of
379	706		redemption in or to said the property or any part
380	707		thereof is requested or will be entered if the
381	708		defendant does not answer.
382		-
383	709		d. Service by publication is complete when made in the
384	710		manner and for the time prescribed in subparagraph c
385	711		of this paragraph. Service by publication shall be
386	712		proved by the affidavit of any person having knowledge
387	713		of the publication. No default judgment may be
388	714		entered on such service until proof of service by
389	715		publication is filed with and approved by the court.
390		-
391	716		e. Before entry of a default judgment or order against a
392	717		party who has been served solely by publication under
393	718		this paragraph, the court shall conduct an inquiry to
394	719		determine whether the plaintiff, or someone acting in
395	720		behalf of the plaintiff, made a distinct and
396	721		meaningful search of all reasonably available sources
397	722		to ascertain the whereabouts of any named parties who
398		-
399		-	ENR. S. B. NO. 31 Page 10
400	723		have been served solely by publication under this
401	724		paragraph. Before entry of a default judgment or
402	725		order against the unknown successors of a named
403	726		defendant, a named decedent , or a dissolved
404	727		partnership, corporation or association, the court
405	728		shall conduct an inquiry to ascertain whether the
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406	756		requirements described in subparagraph b of this
407	757		paragraph have been satisfied.
408		-
409	758		f. A party against whom a default judgment or order has
410	759		been rendered, without other s ervice than by
411	760		publication in a newspaper, may, at any time within
412	761		three (3) years after the filing of the judgment or
413	762		order, have the judgment or order set aside in the
414	763		manner prescribed in Sections 1031.1 and 1033 of this
415	764		title. Before the judgment or o rder is set aside, the
416	765		applicant shall notify the adverse party of the
417	766		intention to make an application and shall file a full
418	767		answer to the petition, pay all costs if the court
419	768		requires them to be paid , and satisfy the court by
420	769		affidavit or other evidence that during the pendency
421	770		of the action the applicant had no actual notice
422	771		thereof in time to appear in court and make a defense.
423	772		The title to any property which is the subject of and
424	773		which passes to a purchaser in good faith by or in
425	774		consequence of the ju dgment or order to be opened
426	775		shall not be affected by any proceedings under this
427	776		subparagraph. Nor shall proceedings under this
428	777		subparagraph affect the title of any property sold
429	778		before judgment under an attachment. The adverse
430	779		party, on the hearing of a n application to open a
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431	807		judgment or order as provided by this subparagraph,
432	808		shall be allowed to present evidence to show that
433	809		during the pendency of the action the applicant had
434	810		notice thereof in time to appear in court and make a
435	811		defense.
436		-
437	812		g. The term “successors” includes all heirs, executors,
438	813		administrators, devisees, trustees , and assigns,
439	814		immediate and remote, of a named individual,
440	815		partnership, corporation , or association.
441		-
442		-
443		-	ENR. S. B. NO. 31 Page 11
444	816		h. Service outside of the state does not give the court
445	817		in personal jurisdiction over a defendant who is not
446	818		subject to the jurisdiction of the courts of this
447	819		state or who has not, either in person or through an
448	820		agent, submitted to the jurisdiction of the courts of
449	821		this state.
450		-
451	822		4. SERVICE ON THE SECRETARY OF STATE.
452		-
453	823		a. Service of process on a domestic or foreign
454	824		corporation may be made by serving the Secretary of
455	825		State as the corporation ’s agent, if:
456		-
457	826		(1) there is no registered agent for the corporation
458	827		listed in the records of the Secretary of State,
459	828		or
460		-
461	829		(2) neither the registered agent nor an officer of
462	830		the corporation could be found at the registered
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463	858		office of the corporation, when service of
464	859		process was attempted.
465		-
466	860		b. Before resorting to service on the Secretary of State
467	861		the plaintiff must have attempted service either in
468	862		person or by mail on the corporation at:
469		-
470	863		(1) the corporation’s last-known address shown on the
471	864		records of the Franchise Tax Division of the
472	865		Oklahoma Tax Commission, if any is listed there,
473	866		and
474		-
475	867		(2) the corporation’s last-known address shown on the
476	868		records of the Secretar y of State, if any is
477	869		listed there, and
478		-
479	870		(3) the corporation’s last address known to the
480	871		plaintiff.
481		-
482	872		If any of these addresses are the same, the plaintiff
483	873		is not required to attempt service more than once at
484	874		any address. The plaintiff shall furnish the
485		-
486		-	ENR. S. B. NO. 31 Page 12
487	875		Secretary of State with a certified copy of the return
488	876		or returns showing the attempted service.
489		-
490	877		c. Service on the Secretary of State shall be made by
491	878		filing two (2) copies of the summons and petition with
492	879		the Secretary of State, notifying the Secretary of
493	880		State that service is being made pursuant to the
494	881		provisions of this paragraph, and paying the Secretary
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495	909		of State the fee prescribed in paragraph 7 of
496	910		subsection A of Section 1142 of Title 18 of the
497	911		Oklahoma Statutes, which fee shall be taxed as part of
498	912		the costs of the action, suit or proceeding if the
499	913		plaintiff shall prevail therein. If a registered
500	914		agent for the corporation is listed in the records of
501	915		the Secretary of State, the plaintiff must also
502	916		furnish a certified copy of the return showing that
503	917		service on the registered agent has been attempted
504	918		either in person or by mail, and that neither the
505	919		registered agent nor an officer of the corporation
506	920		could be found at the registered office of the
507	921		corporation.
508		-
509	922		d. Within three (3) working days after receiving th e
510	923		summons and petition, the Secretary of State shall
511	924		send notice by letter, certified mail, return receipt
512	925		requested, directed to the corporation at its
513	926		registered office or the last -known address found in
514	927		the office of the Secretary of State, or if no add ress
515	928		is found there, to the corporation ’s last-known
516	929		address provided by the plaintiff. The notice shall
517	930		enclose a copy of the summons and petition and any
518	931		other papers served upon the Secretary of State. The
519	932		corporation shall not be required to serve it s answer
	933	+
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520	960		until forty (40) days after service of the summons and
521	961		petition on the Secretary of State.
522		-
523	962		e. Before entry of a default judgment or order against a
524	963		corporation that has been served by serving the
525	964		Secretary of State as its agent under this paragrap h,
526	965		the court shall determine whether the requirements of
527	966		this paragraph have been satisfied. A default
528	967		judgment or order against a corporation that has been
529		-
530		-	ENR. S. B. NO. 31 Page 13
531	968		served only by service on the Secretary of State may
532	969		be set aside upon motion of the corporation i n the
533	970		manner prescribed in Section 1031.1 of this title, or
534	971		upon petition of the corporation in the manner
535	972		prescribed in Section 1033 of this title, if the
536	973		corporation demonstrates to the court that it had no
537	974		actual notice of the action in time to appear a nd make
538	975		its defense. A petition shall be filed within one (1)
539	976		year after the corporation has notice of the default
540	977		judgment or order but in no event more than two (2)
541	978		years after the filing of the default judgment or
542	979		order.
543		-
544	980		f. The Secretary of State shall maintain an alphabetical
545	981		record of service setting forth the name of the
546	982		plaintiff and defendant, the title, docket number , and
547	983		nature of the proceeding in which the process has been
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548	1011		served upon the defendant, the fact that service has
549	1012		been effected pursuant to the provisions of this
550	1013		paragraph, the return date thereof , and the date when
551	1014		the service was made. The Secretary of State shall
552	1015		not be required to retain this information for a
553	1016		period longer than five (5) years from receipt of the
554	1017		service of process.
555		-
556	1018		g. The provisions of this paragraph shall not apply to a
557	1019		foreign insurance company doing business in this
558	1020		state.
559		-
560	1021		5. SERVICE BY ACKNOWLEDGMENT. An acknowledgment on the back of
561	1022		the summons or the voluntary appearance of a defendant is equivalent
562	1023		to service.
563		-
564	1024		6. SERVICE BY OTHER METHODS. If service cannot be made by
565	1025		personal delivery or by mail, a defendant of any class referred to
566	1026		in division (1) or (3) of subparagraph c of paragraph 1 of this
567	1027		subsection may be served as provided by court order in a ma nner
568	1028		which is reasonably calculated to give the defendant actual notice
569	1029		of the proceedings and an opportunity to be heard and upon filing an
570	1030		affidavit by the plaintiff or plaintiff ’s attorney that with due
571	1031		diligence service cannot otherwise be made upon th e defendant.
572		-
573		-
574		-	ENR. S. B. NO. 31 Page 14
575	1032		7. NO SERVICE BY PRISONER. No prisoner in any jail, Department
576	1033		of Corrections facility, private prison, or parolee or probationer
577	1034		under supervision of the Department of Corrections shall be
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578	1062		appointed by any court to serve process on any defe ndant, party or
579	1063		witness.
580		-
581	1064		D. SUMMONS AND PETITION. The summons and petition shall be
582	1065		served together. The plaintiff shall furnish the person making
583	1066		service with such copies as are necessary. The failure to serve a
584	1067		copy of the petition with the summons i s not a ground for dismissal
585	1068		for insufficiency of service of process, but on motion of the party
586	1069		served, the court may extend the time to answer or otherwise plead.
587	1070		If a summons and petition are served by personal delivery, the
588	1071		person serving the summons shall state on the copy that is left with
589	1072		the person served the date that service is made. This provision is
590	1073		not jurisdictional, but if the failure to comply with it prejudices
591	1074		the party served, the court, on motion of the party served, may
592	1075		extend the time to answer or otherwise plead.
593		-
594	1076		E. SUMMONS: TERRITORIAL LIMITS OF EFFECTIVE SERVICE.
595		-
596	1077		1. Service of the summons and petition may be made anywhere
597	1078		within this state in the manner provided by subsection C of this
598	1079		section.
599		-
600	1080		2. When the exercise of jurisdict ion is authorized by
601	1081		subsection F of this section, service of the summons and petition
602	1082		may be made outside this state:
603		-
604	1083		a. by personal delivery in the manner prescribed for
605	1084		service within this state,
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606	1111
607	1112		b. in the manner prescribed by the law of the place in
608	1113		which the service is made for service in that place in
609	1114		an action in any of its courts of general
610	1115		jurisdiction,
611		-
612	1116		c. in the manner prescribed by paragraph 2 of subsection
613	1117		C of this section,
614		-
615	1118		d. as directed by the foreign authority in response to a
616	1119		letter rogatory,
617		-
618		-	ENR. S. B. NO. 31 Page 15
619		-
620	1120		e. in the manner prescribed by paragraph 3 of subsection
621	1121		C of this section only when permitted by subparagraphs
622	1122		a and b of paragraph 3 of subsection C of this
623	1123		section, or
624		-
625	1124		f. as directed by the court.
626		-
627	1125		3. Proof of service outside this state may be made i n the
628	1126		manner prescribed by subsection G of this section, the order
629	1127		pursuant to which the service is made, or the law of the place in
630	1128		which the service is made for proof of service in an action in any
631	1129		of its courts of general jurisdiction.
632		-
633	1130		4. Service outside this state may be made by an individual
634	1131		permitted to make service of process under the law of this state or
635	1132		under the law of the place in which the service is made or who is
636	1133		designated to make service by a court of this state.
637		-
638	1134		5. When subsection C of t his section requires that in order to
639	1135		effect service one or more designated individuals be served, service
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640	1163		outside this state under this section must be made upon the
641	1164		designated individual or individuals.
642		-
643	1165		6. a. A court of this state may order service upon any
644	1166		person who is domiciled or can be found within this
645	1167		state of any document issued in connection with a
646	1168		proceeding in a tribunal outside this state. The
647	1169		order may be made upon application of any interested
648	1170		person or in response to a letter rogatory issu ed by a
649	1171		tribunal outside this state and shall direct the
650	1172		manner of service.
651		-
652	1173		b. Service in connection with a proceeding in a tribunal
653	1174		outside this state may be made within this state
654	1175		without an order of court.
655		-
656	1176		c. Service under this paragraph does not, of it self,
657	1177		require the recognition or enforcement of an order,
658	1178		judgment, or decree rendered outside this state.
659		-
660		-
661		-	ENR. S. B. NO. 31 Page 16
662	1179		F. ASSERTION OF JURISDICTION. A court of this state may
663	1180		exercise jurisdiction on any basis consistent with the Constitution
664	1181		of this state and the C onstitution of the United States.
665		-
666	1182		G. RETURN.
667		-
668	1183		1. The person serving the process shall make proof of service
669	1184		thereof to the court promptly and in any event within the time
670	1185		during which the person served must respond to the process, but the
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671	1213		failure to make proof of service does not affect the validity of the
672	1214		service.
673		-
674	1215		2. When process has been served by a sheriff or deputy sheriff
675	1216		and return thereof is filed in the office of the court clerk, a copy
676	1217		of the return shall be sent by the court clerk to the plainti ff’s
677	1218		attorney within three (3) days after the return is filed. If
678	1219		service is made by a person other than a sheriff or deputy sheriff,
679	1220		the licensed process server shall make affidavit thereof. The
680	1221		return shall set forth the county of issuance, the name of the
681	1222		person served and the date, place , and method of service.
682		-
683	1223		3. If service was by mail, the person mailing the summons and
684	1224		petition shall endorse on the copy of the summons or order of the
685	1225		court that is filed in the action the date and place of mailing and
686	1226		the date when service was receipted or service was rejected, and
687	1227		shall attach to the copy of the summons or order a copy of the
688	1228		return receipt or returned envelope, if and when received, showing
689	1229		whether the mailing was accepted, refused , or otherwise returned.
690	1230		If the mailing was refused, the return shall also show the date and
691	1231		place of any subsequent mailing pursuant to paragraph 2 of
692	1232		subsection C of this section. When the summons and petition are
693	1233		mailed by the court clerk, the court clerk shall notif y the
694	1234		plaintiff’s attorney within three (3) days after receipt of the
695	1235		returned card or envelope showing that the card or envelope has been
696	1236		received.
697	1237
	1238	+	SB31 HFLR Page 25
	1239	+	BOLD FACE denotes Committee Amendments. 1
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698	1264		H. AMENDMENT. At any time in its discretion and upon such
699	1265		terms as it deems just, the court may allow any process or proof of
700	1266		service thereof to be amended, unless it clearly appears that
701	1267		material prejudice would result to the substantial rights of the
702	1268		party against whom the process issued.
703		-
704		-
705		-	ENR. S. B. NO. 31 Page 17
706	1269		I. SUMMONS: TIME LIMIT FOR SERVICE. If service of process is
707	1270		not made upon a defendant within one hundred eighty (180) days after
708	1271		the filing of the petition and the plaintiff has not shown good
709	1272		cause why such service was not made within that period, the action
710	1273		shall be deemed dismissed as to that defendant without prejud ice and
711	1274		Section 100 of this title shall be applicable to any refiling of the
712	1275		action. Upon application of a defendant not timely served, the
713	1276		court shall enter an order dismissing the action as to that
714	1277		defendant. The court shall enter a dismissal order of an action
715	1278		within two hundred (200) days after the filing of the action in
716	1279		which no service has been made on any defendant as required pursuant
717	1280		to this section and such order shall be mailed to the address of the
718	1281		party or the party’s attorney of record . The action shall not be
719	1282		dismissed if a summons was served on the defendant within one
720	1283		hundred eighty (180) days after the filing of the petition and a
721	1284		court later holds that the summons or its service was invalid.
722	1285		After a court quashes a summons or its serv ice, a new summons may be
723	1286		served on the defendant within a time specified by the judge. If
724	1287		the new summons is not served within the specified time, the action
	1288	+
	1289	+	SB31 HFLR Page 26
	1290	+	BOLD FACE denotes Committee Amendments. 1
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725	1315		shall be deemed to have been dismissed without prejudice as to that
726	1316		defendant. This subsection shall not apply with respect to a
727	1317		defendant who has been outside of this state for one hundred eighty
728	1318		(180) days following the filing of the petition.
729		-
730	1319		SECTION 2. It being immediately necessary for the preservation
731	1320		of the public peace, heal th or safety, an emergency is hereby
732	1321		declared to exist, by reason whereof this act shall take effect and
733	1322		be in full force from and after its passage and approval.
734	1323
735		-
736		-	ENR. S. B. NO. 31 Page 18
737		-	Passed the Senate the 2nd day of March, 2021.
738		-
739		-
740		-
741		-	Presiding Officer of the Senate
742		-
743		-
744		-	Passed the House of Representatives the 20th day of April, 2021.
745		-
746		-
747		-
748		-	Presiding Officer of the House
749		-	of Representatives
750		-
751		-	OFFICE OF THE GOVERNOR
752		-	Received by the Office of the Governor this _______ _____________
753		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
754		-	By: _______________________________ __
755		-	Approved by the Governor of the State of Oklahoma this _____ ____
756		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
757		-
758		-	_________________________________
759		-	Governor of the State of Oklahoma
760		-
761		-
762		-	OFFICE OF THE SECRETARY OF STATE
763		-	Received by the Office of the Secretary of State this _______ ___
764		-	day of __________________, 20 _______, at _______ o'clock _______ M.
765		-	By: _______________________________ __
	1324	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
	1325	+	04/07/2021 - DO PASS.