Home Table of Contents

Rule CV 34. Writs of Assistance--Forcible Entry & Detainer and Foreclosure

Oklahoma Statutes AnnotatedLocal District Court Rules

Oklahoma Statutes Annotated
Local District Court Rules
Rules of the Fourteenth Judicial District [Tulsa and Pawnee Counties]
Civil Rules
Fourteenth Judicial District Court Rule CV 34
Rule CV 34. Writs of Assistance--Forcible Entry & Detainer and Foreclosure
Currentness
All Forcible Entry and Detainer actions proceeding under 12 O.S. 1148 et seq., and all civil foreclosure actions in which Writs of Assistance for the possession of real property are sought shall be governed by the following procedure:
1. The prevailing party, in whose favor a Writ of Assistance or execution for restitution of premises is issuable pursuant to a judgment, shall provide the District Court Clerk with a completed Execution Instruction Form prior to the issuance of execution process. The Execution Instruction Form shall be substantially similar to the one set out below.
2. On the completed Execution Instruction Form, the party seeking execution shall indicate whether he desires restitution of the premises only, or whether both restitution and a levy of execution on the goods and chattels of the judgment debtor is required.
3. In the event that a party seeking a Writ of Execution does not require execution on the goods and chattels of the judgment debtor, the party seeking execution shall so state on the Execution Instruction Form, and shall further state the requested method of restitution for the Sheriff to perform, as follows:
a. Removal of persons only from the restored premises; or
b. Removal of all persons and removal of their personal property from the restored premises to the nearest city curb line; or
c. Removal of all persons and removal of all of their possessions from the restored premises by using the following mover (to be arranged by plaintiff)
Name
 
Address
 
Telephone
 
4. In the event that the party seeking the execution requires both restitution of the premises and a levy of execution of the personal property located therein (to be advertised and sold at Sheriff's Sale, as provided by law), that party shall indicate the number of rooms of the premises to be restored to such party's possession, including living rooms, dining rooms, kitchens, but excluding hallways, bathrooms and closets.
Upon completion of the form, the Court Clerk shall collect court costs and/or anticipated fees, as follows:
a. Statutory fees for the Clerk, Sheriff, sale, notice, publication, etc., as provided by law; and
b. The anticipated cost of inventory, packing, transportation and storage of the personal property upon which levy is sought, in accordance with the anticipated costs structure which is a part of Exhibit “A” incorporated herein by reference. After levy has been completed and the property held has been sold at Sheriff's Sale as provided by law, and upon application of the party seeking the levy of execution, the Court Clerk shall make a refund of any unexpended court costs and/or fees. In the event that the anticipated cost deposit collected by the Clerk is insufficient to cover the expenses incurred in the inventorying, packing, transportation and storage of the property upon which levy is sought, the party requesting the levy shall be required to make an additional deposit with the Clerk to make up the difference between the amount of actual costs incurred and the amount of the anticipated cost deposit initially made by the party.
5. All statements made by a party seeking the issuance of execution by the Court Clerk shall be considered as representations to the Court, and that party shall insure the accuracy of these statements.
6. No execution under this Rule shall be issued until the party seeking execution shall have first completed the Execution Instruction Form and deposited with the Court Clerk all applicable costs and anticipated costs.

Credits

[Adopted effective February 6, 2003.]
Fourteenth Judicial District Court Rule CV 34, OK R 14 DIST CT Rule CV 34
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
End of Document