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Rule 22. Garnishee Summons

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 22
Rule 22. Garnishee Summons
Currentness
The issuing authority for a Garnishee Summons shall be determined as follows:
Prejudgment Garnishment
The judge shall be the issuing authority when:
1. Plaintiff prevails at a hearing on defendant's written objection to Notice of Issuance of Garnishee Summons. 12 O.S. §§ 1172.1(A)(3) and 1173.
2. The court determines the defendant cannot be given Notice of Issuance of Garnishee Summons and the plaintiff proves the probable merits of his cause and the truth of his Affidavit's Assertions. 12 O.S. §§ 1172.1(b) and 1173.
The court clerk shall be the issuing authority when:
1. The defendant, who was served with notice, files no written objection to Issuance of Garnishee Summons. 12 O.S. § 1172.1(A)(2).
Postjudgment Garnishment
The court clerk shall be the issuing authority in all instances as no hearing is contemplated. 12 O.S. § 28.
District Courts Rule 22, 12 O. S. A. Ch. 2, App., OK ST DIST CTS Rule 22
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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