Rule 16. Default Judgment Against Defendant Served Solely by Publication
Oklahoma Statutes AnnotatedTitle 12. Civil Procedure
T. 12, Ch. 2, App., Rule 16
Rule 16. Default Judgment Against Defendant Served Solely by Publication
When a default judgment sought in any action against a party-defendant who was served solely by publication (i.e., upon whom no notice by mailing was effected), the judge shall conduct an inquiry either in open court or in chambers to determine judicially whether plaintiff, or someone acting in his behalf, did make a diligent and meaningful search of all reasonably available sources at hand and failed to ascertain from it the following data:
(e) the individual identity and whereabouts or mailing address of persons who were so served; or if publication service was directed to the unknown successors, trustees or assigns, if any, of any dissolved corporation; or to the unknown successors of any party designated in any record as a trustee; or to the unknown holders of special assessment or improvement bond, sewer warrant or tax bill; or to any corporation whose continued legal existence is alleged to be in doubt but the fact of its dissolution is not known;
(i) whether the corporate defendant continues to have legal existence or not; whether it has officers or not, and the officers' individual identity and whereabouts or mailing address; or the identity and whereabouts or mailing address of successors, trustees or assigns, if any, if defendant corporation was in fact dissolved.
At the inquiry required by this rule plaintiff should show by competent evidence that all reasonably available sources, where applicable, were in fact searched and failed to yield the information necessary to establish;
In all cases affecting interest in or title to land, the following shall be searched as primary sources:
An evidentiary affidavit by a bonded abstractor detailing the records and other sources searched by him and the information yielded by the search may be admitted as evidence at the inquiry conducted in compliance with this rule. 12 O.S. § 431.
If, after hearing the evidence the judge finds that plaintiff did in fact exercise due diligence in conducting a meaningful search, the following recitation should be included in the journal entry of judgment:
“The Court conducted a judicial inquiry into the sufficiency of plaintiff's search to determine the names and whereabouts of the defendants who were served herein by publication, and based on the evidence adduced the Court finds that plaintiff has exercised due diligence and has conducted a meaningful search of all reasonably available sources at hand. The Court approves the publication service given herein as meeting both statutory requirements and the minimum standards of state and federal due process.”
District Courts Rule 16, 12 O. S. A. Ch. 2, App., OK ST DIST CTS Rule 16
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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