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Rule 2. Service and Proof of Service

Oklahoma Statutes AnnotatedTitle 12. Civil Procedure

Oklahoma Statutes Annotated
Title 12. Civil Procedure (Refs & Annos)
Chapter 2.--Appendix. Rules for District Courts of Oklahoma (Refs & Annos)
T. 12, Ch. 2, App., Rule 2
Rule 2. Service and Proof of Service
a. The person serving the process shall state in his proof the name of the person served and the date, place and method of service. See 12 O.S. § 2004G.
b. (i) Defendants, third-party defendants and persons who are joined as parties to an action shall file their responsive pleading with the court clerk and serve copies on all opposing parties within 20 days after being served with process unless the time is extended by the service and filing of a motion or by the entry of an appearance, and they shall serve copies of their responsive pleading promptly thereafter on all other parties to the action. When a summons and petition are served by mail, a defendant shall serve his responsive pleadings within twenty (20) days after the date of receipt or, if service has been refused, then within twenty (20) days after the date acceptance was refused. Except as otherwise provided by statute or an order of the court, subsequent pleadings and all motions and other instruments shall be served on the opposing party within the prescribed time, and either before or promptly thereafter copies of the pleading shall be filed with the court clerk and served on all other parties to the action. This provision applies to amended pleadings except that an amendment that is made because a pleading failed to show a right to relief shall be filed with the court clerk within the time prescribed by the court, and either before or promptly thereafter copies of the amended pleading shall be served on all parties to the action. 12 O.S. § 2012G.
(ii) Except where a pleading is served with a summons, service of a pleading, motion or other instrument on a party shall be made by service on his attorney of record where there is one. 12 O.S. § 2005A and B.
(iii) Where service of a pleading, motion or other instrument is made by delivery, the delivery shall be performed by any person who is 18 years of age or older. Proof of service, whether made by delivery or mail, shall be made by the certificate of an attorney of record, or if made by any other person, by the affidavit of such person. Such certificate or affidavit shall set forth the name of the person served and the date, place and method of service, and it shall be filed with the court clerk or it shall be endorsed upon the pleading, motion or instrument that is filed with the clerk. The provisions of this paragraph do not apply to the service of a summons or the pleading that is served with the summons.

Credits

Withdrawn and readopted October 30, 1984, effective November 1, 1984. Amended effective November 1, 1985. Amended July 1, 2013, effective August 1, 2013.
District Courts Rule 2, 12 O. S. A. Ch. 2, App., OK ST DIST CTS Rule 2
Current with amendments received through March 15, 2024. Some rules may be more current, see credits for details
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