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Rule 16. Default Judgment

Oklahoma Statutes AnnotatedLocal District Court RulesEffective: June 12, 2018

Oklahoma Statutes Annotated
Local District Court Rules
Rules of the Seventh and Twenty-Sixth Administrative Districts [Oklahoma and Canadian Counties]
Effective: June 12, 2018
Okl.St.Ann. Rule 16
Rule 16. Default Judgment
A. Judgment in a case, (except family and domestic cases) in which service has been made, but in which there has been no appearance, may be taken at any time after the answer date before the assigned judge. The following documents shall be provided to the assigned judge at the time the journal entry of default judgment is presented for signature:
1. Motion for Default Judgment. All Motions for Default Judgment must state the following:
a. Whether the defaulting party has filed any pleading/document;
b. Whether the defaulting party has appeared in open court; and
c. What notice was given, and, if none were given, the reason therefore.
2. Proof of service;
3. Servicemember's affidavit in accordance with the Servicemember's Civil Relief Act of 2003 and Department of Defense Status Report in all civil cases involving individuals;
4. Proof of breach of last payment;
5. Copy of the contract, mortgage, note or account;
6. Amount of debt, principle and interest;
7. Assignments, if applicable; and
8. Any other item specifically requested by the assigned judge.
If the defaulting party has filed a pleading/document or has appeared in open court, a hearing must be set and notice must be provided to the defaulting party.
C. If the assigned judge is absent at the time fixed in the notice to take default judgment, the matter shall stand continued to the next motion day of the Court over which said judge presided, or it may be heard or continued by another judge in the absence or inability of the assigned judge to hear it.

Credits

[Adopted effective May 1, 2000. Amended effective April 1, 2010; June 12, 2018.]
Okl. St. Ann. Rule 16, OK ST T. Rule 16
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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