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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL 1575 By: Kirt
COMMITTEE SUBSTITUTE
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 Section 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; providing exceptions;
making language gender neutral; increasing time
period for service of certain summons; providing
exceptions; conforming time periods for certain
notice and hearing; providing exceptions; updating
statutory language; and providing an effect ive 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 follows:
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 no t less
than five (5) days nor more than ten (10) days nor more than fifteen
(15) days from the date that the summons is issued ; provided,
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however, a trial for an action pursuant to subsection C or D of
Section 132 of Title 41 of the Oklahoma Statutes shall be not less
than five (5) days nor more than ten (10) days from the date 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 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
evidence.
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 not be later than
the day of trial, and it may also be s erved 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 a ge 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. Provided, service of a
summons for an action pursuant to subsection C or D of Section 132
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of Title 41 of the Oklahoma Statutes shall be at least three (3)
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 prem ises 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
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;
provided, however, such service for an action pursuant to subsection
C or D of Section 132 of Title 41 of the Oklahoma Statutes shall be
posted at least five (5) days prior to the date of trial . Such
service shall confer no jurisdiction upon the court 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
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only renders a judgment for restoration 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 pro perty owner from
pursuing a subsequent action for other monetary relief. Such
service shall not be rendered ineffectual by the fa ilure 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, Chap ter 184, O.S.L. 2023 (12 O.S. Supp. 2023,
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 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 hear ing; provided,
however, a summons for an action pursuant to subsection C or D of
Section 132 of Title 41 of the Oklahoma Statutes shall be delivered
no less than three (3) days before the date of trial . This
scheduled date and time shall not be less than five (5) ten (10)
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days nor more than fifteen (15) days from the date the summons is
issued; provided, however, the scheduled date and time fo r an action
pursuant to subsection C or D of Section 132 of Title 41 of the
Oklahoma Statutes shall not be less tha n five (5) days nor more than
ten (10) days from the date the summ ons is issued.
SECTION 5. This act shall become effect ive November 1, 2024.
59-2-3545 TEK 2/27/2024 3:39:37 PM