Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB31 Latest Draft

Bill / Enrolled Version Filed 04/21/2021

                             
 
 
An Act 
ENROLLED SENATE 
BILL NO. 31 	By: Daniels and Boren of the 
Senate 
 
  and 
 
  Moore of the House 
 
 
 
 
 
An Act relating to the Oklahoma Pleading Cod e; 
amending 12 O.S. 2011, Section 2004, a s last amended 
by Section 1, Chapter 305, O.S.L. 2017 (12 O.S. Supp. 
2020, Section 2004), which relates to process; 
requiring dismissal of certain actions within certain 
time period; requiring mailing of certain ord er; 
updating statutory language; and declaring an 
emergency. 
 
 
 
 
SUBJECT:  Oklahoma Pleading Cod e 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
 
SECTION 1.     AMENDATORY     12 O.S. 2011, Section 2004, as 
last amended by Section 1, Chapter 305, O.S.L. 2 017 (12 O.S. Supp. 
2020, Section 2004), is amended to read as follows: 
 
Section 2004. 
 
PROCESS 
 
A.  SUMMONS:  ISSUANCE.  Upon filing of the petition, the clerk 
shall forthwith issue a summons.  Upon request of the plaintiff 
separate or additional summons shal l issue against any defendants. 
 
B.  SUMMONS:  FORM. 
   
 
ENR. S. B. NO. 31 	Page 2 
1.  The summons shall be signed by the clerk, be unde r 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 req uire the defendant 
to appear and defend, and shall notify the defendant that in case of 
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 whom default judgm ent is sought.  Except as 
to a party against whom a judgment is en tered 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 de manded 
such relief in his or her plead ings. 
 
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 t o make service of process 
in civil cases, or a person specially appointed for 
that purpose.  The cour t shall freely make special 
appointments to serve all process, other than a 
subpoena, under this paragraph. 
 
b. A summons to be served by the sheriff or dep uty 
sheriff shall be delivered to the sheriff by the court 
clerk or an attorney of record for the pl aintiff. 
When a summons, subpoena, or other process is to be 
served by the sheriff or deputy sheriff of another 
county, the court clerk shall mail it, toge ther with 
the voucher of the court cle rk for the fees collected 
for the service, to the sheriff of t hat county.  The 
sheriff shall deposit the voucher in the Sheriff ’s 
Service Fee Account created pursuant to Section 514.1 
of Title 19 of the Oklahoma Statut es.  The sheriff or 
deputy sheriff shall serve the process in th e manner   
 
ENR. S. B. NO. 31 	Page 3 
that other process issued o ut 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 a ttorney of 
record for the plaintiff to such person. 
 
c. Service shall be made as follows: 
 
(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 petitio n 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 deliveri ng a copy of the 
summons and of the pe tition to an agent 
authorized by appointment or by law to re ceive 
service of process, 
 
(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 t hey cannot be found, 
then upon the person having the care o r control 
of the infant or with whom 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 upon a 
partnership or other unin corporated 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 managing or genera l 
agent, or to any other agent authori zed by 
appointment or by law to receive service of 
process and, if the agent is one authorized by 
statute to receive service and the statute so 
requires, by also mailing a copy to the 
defendant,   
 
ENR. S. B. NO. 31 	Page 4 
 
(4) upon the United States or an officer or agency 
thereof in the manner specified by F ederal Rule 
of Civil Procedure 4, 
 
(5) upon a state, county, school district, public 
trust or municipal corporation or other 
governmental organization thereof subject to 
suit, by delivering a c opy of the summons and of 
the petition to the officer or individ ual 
designated by specific sta tute; 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 offici al records 
of the organization, 
 
(6) upon an inmate incarcerated in an institution 
under the jurisdiction and control of the 
Department of Corrections, by delivering a copy 
of the summons and of the petition to the warden 
or superintendent or the designee of the warden 
or superintendent of the insti tution where the 
inmate is housed.  It shall be the dut y of the 
receiving warden or superintendent 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 in mate who is 
not actually present in said the institution, and 
 
(7) upon an inmate incarcerated in a county jail or 
detention center under the jurisdiction and 
control of the county sheriff or t he 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 jail or detention 
center where the inmate is housed.  It shall be 
the duty of the receiving jail or detention 
center administrator or designee to pr omptly 
deliver the summons and petition to the inmate 
named therein.  The jail or detention center   
 
ENR. S. B. NO. 31 	Page 5 
administrator or designee shall reject service of 
process for any inmate who is not actua lly 
present in the jail or detention center. 
 
2.  SERVICE BY MAIL. 
 
a. At the election of th e plaintiff, a summons and 
petition may be served by mai l by the plaintiff’s 
attorney, any person authorized to serve process 
pursuant to subparagraph a of paragraph 1 of this 
subsection, or by the court clerk upon a defendant of 
any class referred to in d ivision (1), (3) or (5) of 
subparagraph c of paragraph 1 of this subsection.  
Service by mail shall be effective on the date of 
receipt or if refused, on the date of refusal of the 
summons and petition by the defendant. 
 
b. Service by mail shall be accompl ished by mailing a 
copy of the summons and petition by ce rtified mail, 
return receipt requested and delivery restricted to 
the addressee.  When there is more than 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 serv ed by mail by the court 
clerk, the court clerk shall enclose the summons and a 
copy of the petition or order o f the court to be 
served in an envelope, prepared by the plaintiff, 
addressed to the defe ndant, or to the resident service 
agent if one has been a ppointed.  The court clerk 
shall prepay the postage and mail the envelope to the 
defendant, or service agent, by certified mail, r eturn 
receipt requested and delivery restricted to the 
addressee.  The return receipt shall be prepared by 
the plaintiff.  Service by mail to a garnishee shall 
be accomplished by mailing a copy of the summons and 
notice by certified mai l, return receipt re quested, 
and at the election of the judgment cr editor by 
restricted delivery, to the addressee. 
 
c. Service by mail shall not b e the basis for the entry 
of a default or a judgment by default unless the 
record contains a return receipt sh owing acceptance by   
 
ENR. S. B. NO. 31 	Page 6 
the defendant or a returned envelope showing r efusal 
of the process by the defendant.  Acceptance or 
refusal of service by mai l 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 part y 
addressed.  In the c ase of an entity described in 
division (3) of subparagraph c of paragraph 1 of this 
subsection, acceptance or refusal by any officer or by 
any employee of the registere d office or principa l 
place of business who is authorized to or wh o 
regularly receives c ertified mail shall constitute 
acceptance or refusal by th e party addressed.  A 
return receipt signed at such registered office or 
principal place of business shall be presumed to have 
been signed by an employee authorized to receive 
certified mail.  In th e case of a state municipal 
corporation, or other governme ntal organization 
thereof subject to suit, acceptance or refusal by an 
employee of the office of the officials specified in 
division (5) of subparagraph c of paragraph 1 of thi s 
subsection who is au thorized to or who regularly 
receives certified mail shall constitute acceptance or 
refusal by the party addressed.  If delivery of the 
process is refused, upon the rec eipt of notice of su ch 
refusal and at least ten (10) days before a pplying for 
entry of default, the person elected by plaintiff 
pursuant to subparagraph a of this paragraph to serve 
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 d espite such refusal 
the case will proceed and that judgment by default 
will be rendered against him unless he appears to 
defend the suit.  Any default or judgment by default 
shall be set aside upon motion of th e defendant in the 
manner prescribed in Sectio n 1031.1 of this title , or 
upon petition of the defendant in the manner 
prescribed in Section 1033 of this title if the 
defendant demonstrates to the court that the return 
receipt was signed or delivery was refused by an 
unauthorized person.  A petition sh all be filed within 
one (1) year after the defendant has notice of the   
 
ENR. S. B. NO. 31 	Page 7 
default or judgment by default but in no event more 
than two (2) years after the filing of the judgment. 
 
3.  SERVICE BY PUBLICATION. 
 
a. Service of summons upon a named defendant may b e made 
by publication when it is stated in the petition, 
verified by the plaintiff or the plaintiff’s attorney, 
or in a separate affidavit by the plaintiff or the 
plaintiff’s attorney filed with the court, that w ith 
due diligence service cannot be made upo n the 
defendant by any other method. 
 
b. Service of summons upon the unknown succes sors 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, 
verified by the plaintiff or the plaintiff’s attorney, 
or in a separate affidavit by the plaintiff or the 
plaintiff’s attorney filed with the court, that the 
person who verified the petition or the a ffidavit 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 unknown 
successors, if any, of a named decedent, 
 
(3) whether a partnership, corporation, or other 
association named as a defendant continues to 
have legal existence or not; or the names or 
whereabouts of its officers or successors, 
 
(4) whether any person designate d in a record as a 
trustee continues to be the trustee; or the names 
or whereabouts of the successors of the trustee, 
or 
   
 
ENR. S. B. NO. 31 	Page 8 
(5) the names or whereabo uts of the owners or holders 
of special assessment or improvement bonds, or 
any other bonds, sewer warrants or 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 thre e (3) consecutive weeks in 
a newspaper authorized by law to publish legal notices 
which is published in the co unty where the petit ion is 
filed.  If no newspaper authorized by law to publish 
legal notices is publishe d 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 unkno wn successors who may 
be served by publication may be included in one 
notice.  The notice shall state the court in which the 
petition is filed and the names of the plaintiff 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 defendant s 
and their unknown successors have been sued and must 
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 o f the court is based 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 s ought, it is not 
necessary for the public ation notice to state 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   
 
ENR. S. B. NO. 31 	Page 9 
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 des cribing the nature of the 
judgment that will be rendered should the 
defendant fail to answer, it is sufficient to 
state that a decree quieting plaintiff ’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 n ot answer, the defendant’s 
interest in the property will be foreclosed.  It 
is not necessary to state that a judgment forever 
barring the defendant from all right, title, 
interest, estate, property and equity of 
redemption in or to said the property or any part 
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 in subparagraph c 
of this paragraph.  Service by publication shall be 
proved by the affida vit of any person having knowledge 
of the publication.  No default judgment may b e 
entered on such service until proof of serv ice by 
publication is filed with and approved by the court. 
 
e. Before entry of a default judgment or order against a 
party who has been served solely by publication under 
this paragraph, the court shall conduct an inquiry to 
determine whether the plaintiff , or someone acting in 
behalf of the plaintiff, made a distinct and 
meaningful search of all reasonably av ailable sources 
to ascertain the whereabouts of any named parties who   
 
ENR. S. B. NO. 31 	Page 10 
have been served solely by publicat ion under this 
paragraph.  Before entry of a default judgment or 
order against the unknown successors of a named 
defendant, a named decedent , or a dissolved 
partnership, corporation or association, the court 
shall conduct an inquiry to ascertain whether th e 
requirements described 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 judgment or 
order, have the judgment or order set aside in the 
manner prescribed in Sections 1031.1 and 1033 of this 
title.  Before the judgment or order is set aside, the 
applicant shall notify the adver se party of the 
intention to make an application and shall file a full 
answer to the petition, pay all costs if the court 
requires them to be paid , and satisfy the court by 
affidavit or other evidence that du ring the pendency 
of the action the applicant ha d no actual notice 
thereof in time to appear in court and 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 a ny proceedings under this 
subparagraph.  Nor shall proceedings under this 
subparagraph affect the title of any property sold 
before judgment under an attachment.  The adverse 
party, on the hearing of an appli cation to open a 
judgment or order as provided b y this subparagraph, 
shall be allowed to present evidence to show that 
during the pendency of the action the applicant had 
notice thereof in time to appear in court and make a 
defense. 
 
g. The term “successors” includes all heirs, executors, 
administrators, devisees, trustees, and assigns, 
immediate and remote, of a named individual, 
partnership, corporation , or association. 
   
 
ENR. S. B. NO. 31 	Page 11 
h. Service outside of the state does not give the court 
in personal jurisdiction over a defendant who is not 
subject to the jurisdict ion of the courts of this 
state or who has not, either in person or through an 
agent, submitted to the jurisdiction of the courts 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 Secretary 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 registered agent nor an officer of 
the corporation could be found at the registered 
office of the corpora tion, when service of 
process was attempted. 
 
b. Before resorting to service on the Secretary 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 
 
(2) the corporation’s last-known address shown on the 
records of the Secretary of St ate, 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 attempt service more than once at 
any address.  The plaintiff shall furnish the   
 
ENR. S. B. NO. 31 	Page 12 
Secretary of State with a certified copy of the return 
or returns showing the attempted serv ice. 
 
c. Service on the Secretary of State sha ll be made by 
filing two (2) copies of the summons and petition with 
the Secretary of State, notifying the Secretary of 
State that service is being made pursuant to the 
provisions of this paragraph, and paying t he Secretary 
of State the fee prescribed in p aragraph 7 of 
subsection A of Section 1142 of Title 18 of the 
Oklahoma Statutes, which fee shall be taxed as part of 
the costs of the action, suit or proceeding if the 
plaintiff shall prevail therein.  If a regi stered 
agent for the corporation is listed in the records of 
the Secretary of State, the plaintiff must also 
furnish a certified copy of the return sho wing that 
service on the registered agent has been attempted 
either in person or by mail, and that neithe r 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 a fter receiving the 
summons and petition, the Secretary of State shall 
send notice by letter, certified ma il, return receipt 
requested, directed to the corporation at its 
registered office or the last -known address found in 
the office of the Secretary of St ate, or if no address 
is found there, to the corporation’s last-known 
address provided by the plaintiff. The notice shall 
enclose a copy of the summo ns and petition and any 
other papers served upon the Secretary of State.  The 
corporation shall not be req uired to serve its answe r 
until forty (40) days after service of the summons and 
petition on the Secretar y of State. 
 
e. Before entry of a default judg ment or order against a 
corporation that has been served by serving the 
Secretary of State as its agent un der this paragraph, 
the court shall determine whether the requirements of 
this paragraph have been satisf ied.  A default 
judgment or order against a c orporation that has been   
 
ENR. S. B. NO. 31 	Page 13 
served only by service on the Secretary of State may 
be set aside upon motion of the corporation in the 
manner prescribed in Section 1031.1 of this title, or 
upon petition of the corpora tion in the manner 
prescribed in Section 1033 of this title, if the 
corporation demonstrates 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 corporatio n has notice of the default 
judgment or order but in no event more than two (2) 
years after the filing of the default judgment or 
order. 
 
f. The Secretary of State shall mainta in an alphabetical 
record of service setting forth the name of the 
plaintiff and defendant, the title, docket number, and 
nature of the proceeding in which 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 date when 
the service was made.  The Secretary of State sha ll 
not be required to retain this information for 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 do ing business in this 
state. 
 
5.  SERVICE BY ACKNOWLEDGMENT.  An acknowledgment 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 b y mail, a defendant of any class referred to 
in division (1) or (3) of subparagraph c of paragraph 1 of this 
subsection may be served as provided by co urt order in a manner 
which is reasonably calculated to give the defendant actual notice 
of the proceedings and an opportunity to be heard and upon fi ling an 
affidavit by the plaintiff or plaintiff ’s attorney that with due 
diligence service cannot otherwis e be made upon the defen dant. 
   
 
ENR. S. B. NO. 31 	Page 14 
7.  NO SERVICE BY PRISONER.  No prisoner in any jail, Department 
of Corrections facility, private prison, or parolee or probationer 
under supervision of the Department of Corrections shall be 
appointed by any court to serve pr ocess on any defendant, party or 
witness. 
 
D.  SUMMONS AND PETITION.  The summons and petition shall be 
served together.  The plaintiff shall furnish t he person making 
service with such copies as are necessary.  The failure to serve a 
copy of the petition w ith the summons is not a ground for dismissal 
for insufficiency of servi ce of process, but on motion of t he party 
served, the court may extend the tim e to answer or otherwise plead.  
If a summons and petition are served by personal delivery, the 
person serving the summons shall s tate on the copy that is left with 
the person served the date that service is mad e.  This provision is 
not jurisdictional, but if the failure to comply with it prejudices 
the party served, the court, on motion of the party served, m ay 
extend the time to an swer or otherwise plead. 
 
E. SUMMONS:  TERRITORIAL LIMITS OF EFFECTIVE 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 jurisdiction is authorized by 
subsection F of this section, serv ice of the summons and petition 
may be made outside this state: 
 
a. by personal delivery in the manner prescribed for 
service within this state, 
 
b. in the manner prescribed by the law o f the place in 
which the service is made for service in that place in 
an action in any of its courts of g eneral 
jurisdiction, 
 
c. in the manner prescri bed by paragraph 2 of subsection 
C of this section, 
 
d. as directed by the foreign authority in response to a 
letter rogatory,   
 
ENR. S. B. NO. 31 	Page 15 
 
e. in the manner prescribed by paragraph 3 of subsec tion 
C of this section only when permitted by subparagraphs 
a and b of paragraph 3 of subsection C of this 
section, or 
 
f. as directed by the court. 
 
3.  Proof of service outside this st ate may be made in t he 
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 for 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 process under th e law of this state or 
under the law of the p lace in which the service is 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 t his section must be made upon the 
designated individual or individuals. 
 
6. a. A court of this state may or der 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 ou tside this state.  The 
order may be made upon application of any interested 
person or in response to a let ter rogatory issued by a 
tribunal outside this state and shall direct th e 
manner of service. 
 
b. Service in connection with a proceeding in a tribunal 
outside this state may be made within this state 
without an order of court. 
 
c. Service under this paragrap h does not, of itself, 
require the recognition or enforcement of an orde r, 
judgment, or decree rendered o utside this state. 
   
 
ENR. S. B. NO. 31 	Page 16 
F.  ASSERTION OF JURISDICT ION.  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 process shall m ake proof of service 
thereof to the court pro mptly and in any event within 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 cle rk to the plaintiff’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 server shall make affidavit thereof.  The 
return shall set forth the county of issu ance, the name of the 
person served and the date, place, and method of service. 
 
3.  If service was by mai l, the person mailing the summons and 
petition shall endorse on the copy of the summons or order of the 
court that is filed in the action the date and place of mailing 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 envelope, if and when received, showing 
whether the mailing was accepted, refuse d, or otherwise 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 section.  When the summons and petition are 
mailed by the court clerk, the court clerk shall notify 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 co urt may allow any process or proof of 
service thereof to be amended, unl ess it clearly appears that 
material prejudice would result to the substantial rights of the 
party against whom the process issued. 
   
 
ENR. S. B. NO. 31 	Page 17 
I.  SUMMONS:  TIME LIMIT FOR SERVICE.  If service of process is 
not made upon a defendant within one hundred eighty (180) da ys after 
the filing of the petiti on and the plaintiff has not shown good 
cause why such service was not made within that period, the action 
shall be deemed dismissed as to that defenda nt without prejudice and 
Section 100 of this title shall be applicable to any refiling of the 
action.  Upon application of a defendant not timely serv ed, the 
court shall enter an order dismissin g 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 wa s served on the defendant within 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 su mmons or its service, a new summons may be 
served on the defenda nt 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 subsection shall not apply with respect to a 
defendant who has been outside of this state for one h undred eighty 
(180) days following the filing of the petition. 
 
SECTION 2. It being immediately necessary for the pr eservation 
of the public peace, health or safety , an emergency is hereby 
declared to exist, by reason whereof this act shall take effect and 
be in full force from and after its passage and approval. 
   
 
ENR. S. B. NO. 31 	Page 18 
Passed the Senate the 2nd day of March, 2021. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the 20th day of April, 2021. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
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: _______________________________ __