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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1575 By: Kirt
AS INTRODUCED
An Act relating to forcible entry and detainer;
amending 12 O.S. 2021, Sections 1148.4, 1148.5,
1148.5A, and 1148.16, as amended by Sectio n 2,
Chapter 184, O.S.L. 2023 (12 O.S. Supp. 2023, Section
1148.16), which relate to summons; extending time
period for certain appearance; making language gender
neutral; increasing time period for service of
certain summons; conforming time periods for c ertain
notice and hearing; updating statutory language; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 1148.4, is
amended to read as f ollows:
Section 1148.4. The summons shall be issued and returned as in
other cases, except that it shall command the sheriff, or other
person serving it, to summon the defendant to appear for trial at
the time and place specified therein, which time shall be not less
than five (5) days nor more than ten (10) business days nor more
than twenty (20) business days from the date that the summons is
issued. The summons shall apprise the defendant of the nature of
the claim that is being asserted against him; and there shall be
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endorsed upon the summons the relief sought and the amount for which
the plaintiff will take judgment if the defendant fails to appear.
In all cases, pleadings may be amended to conform to the evide nce.
SECTION 2. AMENDATORY 12 O.S. 2021, Section 1148.5, is
amended to read as follows:
Section 1148.5. The summons may be served as in other cases
except that such service shall be at least three (3) seven (7) days
before the day of trial, and the return day shall no t be later than
the day of trial, and it may also be served by leaving a copy
thereof with some person over fifteen (15) years of age, residing on
the premises, at least three (3) seven (7) days before the day of
trial; or, if service cannot be made by the exercise of reasonable
diligence on the tenant or on any person over the age of fifteen
(15) years residing on the premises, the same may be served by
certified mail with return receipt postmarked at least three (3)
seven (7) days before the date of trial .
SECTION 3. AMENDATORY 12 O.S. 2021, Section 1148.5A, is
amended to read as follows:
Section 1148.5A. If, in the exercise of reasonable diligence,
service cannot be made upon the defendant personally nor upon any
person residing upon the premises over fifteen (15) years of age,
then in lieu of service by c ertified mail, service may be obtained
for the sole purpose of adjudicating the right to restitution of the
premises by the sheriff ’s posting or by private process service
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posting of said the summons conspicuously on the building on the
premises, and, if there be is no building on said the premises, then
by posting the same at some conspicuous place on the premises sought
to be recovered at least five (5) seven (7) days prior to the date
of trial, and by the claimant ’s mailing a copy of said the summons
to the last-known address of the defendant by certified mail at
least five (5) seven (7) days prior to said the date of trial. Such
service shall confer no jurisdiction upon the c ourt to render any
judgment against the defendant for the payment of money nor for any
relief other than the restoration of possession of the premises to
the claimant, unless the defendant appears at trial. If the court
only renders a judgment for restora tion of possession of the
premises, the claimant shall not be precluded from pu rsuing a
subsequent action for the payment of rent. A judgment for forcible
entry and detainer shall not preclude the property owner from
pursuing a subsequent action for other monetary relief. Such
service shall not be rendered ineffectual by the failure of the
defendant to actually see or rece ive such posted process nor by the
failure of the defendant to actually receive or sign a return
receipt for such mailed process.
SECTION 4. AMENDATORY 12 O.S. 2021, Section 1148.16, as
amended by Section 2, Chapter 184, O.S.L. 2023 (12 O.S. Supp. 2023,
Section 1148.16), is amended to read as follows:
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Section 1148.16. The summons to be issued in an action for
forcible entry and detainer, commonly known as an eviction, shall be
in a form developed in plain and understandable language by the
Oklahoma Bar Association. The Administrative Office of the Courts
shall provide public access to the affidavit by providing a link to
the form on the Oklahoma State Courts Network (OSCN) website. The
summons shall be delivered no less than three (3) seven (7) days
before the scheduled time and date of the court hearing. This
scheduled date and time shall not be less than five (5) ten (10)
business days nor more than twenty (20) business days from the date
the summons is issued.
SECTION 5. This act shall become effective November 1, 2024.
59-2-2637 TEK 1/5/2024 4:49:38 PM