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ENGROSSED SENATE
BILL NO. 128 By: Kirt of the Senate
and
Pae of the House
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. 2024, 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 pe riods for certain
notice and hearing; providing exceptions; 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 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 not 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,
however, a trial for an action pursuant to subsection C or D of
Section 132 of Title 4 1 of the Oklahoma Statutes shall be not less
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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 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 reasonabl e
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. Provided, service of a
summons for an action pursuant to subsection C or D of Section 132
of Title 41 of the Oklahoma Statutes shall be at l east three (3)
days before the date of trial.
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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 certified mai l, 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 t o
the claimant, unless the defendant appears at trial. If the court
only renders a judgment for restoration of possessio n of the
premises, the claimant shall not be precluded from pursuing a
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subsequent action for the payment of rent. A judgment for forci ble
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 receive 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. 2024,
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 Associat ion. 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 ; 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)
days nor more than fifteen (15) days from the date the summon s is
issued; provided, however, the scheduled date and time for an action
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pursuant to subsection C or D of Section 132 of Title 41 of t he
Oklahoma Statutes shall not be less than five (5) days nor more than
ten (10) days from the date the summons is issued .
SECTION 5. This act shall become effective November 1, 2025.
Passed the Senate the 26th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives