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Rule 46. Service of Process in Small Claims

Oklahoma Statutes AnnotatedLocal District Court RulesEffective: February 1, 2008

Oklahoma Statutes Annotated
Local District Court Rules
Rules of the Twenty-Third Judicial District [Pottawatomie and Lincoln Counties]
Effective: February 1, 2008
OK 23 District Court Rule 46
Rule 46. Service of Process in Small Claims
Currentness
It is the responsibility of the plaintiff in small claims cases to ensure that process has been properly served and that proof of service (return of service) has been properly completed and filed in a timely fashion. Failure to observe these requirements may result in a delay in the resolution of the claim.
In Pottawatomie County, a return must:
1. Be made for each defendant that is a party to the case.
2. Set forth WHEN the process server/sheriff received it, HOW it was served, WHERE it was served, WHEN it was served, WHO served it, and upon WHOM it was served.
3. Proof of service by mail must include proof that service was attempted by certified mail, return receipt requested and that delivery was restricted.
4. Be filed with the court clerk's office no later than 48 hours prior to the time of the hearing. Failure to comply with this requirement may result in a case (or cases) being moved to the end of the docket or being heard at a later time or continue to another date.
If a return fails to comply with all of the above requirements a default judgment may not be rendered.

Credits

Adopted effective February 1, 2008.
Oklahoma 23rd District Court Rule 46, OK R 23 DIST CT Rule 46
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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