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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1888 By: Waldron
AS INTRODUCED
An Act relating to civil procedure; amending 12 O.S.
2021, Sections 1148.15 and 1148.16, which relate to
affidavit and summons form for unlawful entry and
detainer actions; removing affidavit form; directing
the Administrative Office of the Courts to promulgate
clear and understandable form for forcible entry and
detainer action affidavits; removing summons form;
directing the Administ rative Office of the Courts to
promulgate clear and understandable form for forcible
entry and detainer action summons; providing timing
requirements for summons delivery; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 20 21, Section 1148.15, is
amended to read as follows:
Section 1148.15 The actions for unlawful entry and detainer ,
commonly known as an eviction, standing alone or when joined with a
claim for collection of rent or damages to the premises, or both,
shall be commenced by filing an affidavi t in substantially the
following form with the clerk of the court: with the clerk of the
court. This affidavit is to be developed by the Administrative
Office of the Courts using plain and understandable language.
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In the District Court, County of ____________________________,
State of Oklahoma.
_____________________________________
Plaintiff
vs. No.__________
_____________________________________
Defendant
STATE OF OKLAHOMA)
) ss
COUNTY OF _______)
AFFIDAVIT
____________________________, being duly sworn, deposes and says:
The defendant resides at _______________________________, in the
above-named county, and defendant 's mailing address is
______________
___________________________________________________________________.
The defendant is indebted to the plaintiff in the su m of
$__________ for rent and for the further sum of $__________ for
damages to the premises rented by the defendant; the plaintiff has
demanded payment of said sum(s) but the defendant refused to pay th e
same and no part of the amount sued for herein has been paid,
and/or
the defendant is wrongfully in possession of certain real property
described as
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________________________________________________________
________________________________________________ __________________;
the plaintiff is entitled to poss ession thereof and has made demand
on the defendant to vacate the premises, but the defendant refused
to do so.
____________________
Subscribed and sworn to before me this _____ day of __________,
19__.
_________________________________
Notary Public (or Clerk or
Judge)
SECTION 2. AMENDATORY 12 O.S. 2021, Section 1148.16, is
amended to read as follows:
Section 1148.16 The summons to be issued in an action for
forcible entry and detainer, commonly known as an eviction, shall be
in the following a form: developed in plain and understandable
language by the Administrative Office of the Courts. The summons
shall be delivered no less than th ree (3) days before the scheduled
time and date of the court hearing. This scheduled date and time
shall not be less than fi ve (5) days from the date the summons is
issued.
SUMMONS
The State of Oklahoma to the within-named defendant:
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You are hereby directed to relinquish immediately to the
plaintiff herein total possession of the real property described as
___________________________________________________________________
or to appear and show cause why you should be permitted to retain
control and possession thereof.
This matter shall be hea rd at ____________________ (name or
address of building), in _______________, County of _______________,
State of Oklahoma, at the hour of _____ o'clock of _____ day of
__________ month, 19__, or at the same time and place three (3) d ays
after service hereof, whichever is the latter. (This date shall be
not less than five (5) days from the date summons is issued). You
are further notified that if you do not app ear on the date shown,
judgment will be given against you as follows:
For the amount of the cla im for deficient rent and/or damages to
the premises, as it is stated in the affidavit of the plaintiff and
for possession of the real property described in said affidavit,
whereupon a writ of assistance shall issue directing the sheri ff to
remove you from said premises and take possession thereof.
In addition, a judgment for costs of the action, including
attorney's fees and other costs, may also be given.
Dated this _____ day of __________, 19__.
___________________________________
Clerk of the Court (or Judge)
_____________________________
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Plaintiff or Attorney
_____________________________
Address
_____________________________
Telephone Number
SECTION 3. This act shall become effective November 1, 2023.
59-1-6644 JL 01/14/23