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Rule 12. Service of Notice and Copy of Petition

Oklahoma Statutes AnnotatedTitle 5. Attorneys and State Bar

Oklahoma Statutes Annotated
Title 5. Attorneys and State Bar
Chapter 1.--Appendix 7. Rules of the Court on the Judiciary (Refs & Annos)
Trial Division
T. 5, Ch. 1, App. 7, Rule 12
Rule 12. Service of Notice and Copy of Petition
The notice and copy of the petition, including exhibits, provided for in the next preceding rule, shall be served by the Court Clerk, any other person appointed by the presiding judge to serve such process, or by the Sheriff of the County in which the same is to be served. Said process shall be served and returned not less than sixty (60) days before the date set for hearing said petition. It shall be returned by the person to whom it is directed to the Clerk of this Court. Said notice and copy of the petition, including exhibits, shall be served upon the respondent by delivering a copy of the same to him, in person if to be found, or by leaving the copies at his residence with some member of his family over sixteen (16) years of age. The return of the officer to whom the process was directed shall include the manner of service.
In addition to service of the notice and copy of petition as hereinabove provided it may be served by the Court Clerk by mailing the copies thereof by registered or certified mail, return receipt requested, delivered to addressee only, to the respondent, not less than sixty (60) days before the date set for hearing said petition. Said proof of registered or certified mail shall be returnable to the Court Clerk not more than ten (10) days after posting. The Court Clerk shall make his return of such service by filing therewith the registry return or the certified mail return of the service thereof.
In the event service of the notice and petition by registered or certified mail, or by personal service, is not accomplished within ten (10) days after issuance of said process, service of process may be made by publication.
The publication must be made in one issue in some newspaper authorized by law to publish legal notices printed in the county in which the respondent maintains his usual residence if there be any printed in such county, and if there be none, then in some such newspaper printed in this state of general circulation in that county. It shall state the court in which the petition is filed, the names of the parties, and must notify the respondent thus to be served that he has been sued and must answer the petition filed by the complainant on or before a time to be stated (which shall not be less than forty-one (41) days from the date of the first publication), and it shall be stated that in the event of the default of the respondent, the petition will be taken as true and judgment will be rendered accordingly not less than sixty (60) days or more than ninety (90) days after notice of the filing of the petition shall have been given the respondent.
Where service by publication is proper, a copy of the notice and a copy of the petition attached thereto, shall, within six (6) days after the first publication is made, be enclosed in an envelope addressed to the respondent at his place of usual residence, postage prepaid, and deposited in the United States mail.
Service by publication shall be deemed complete when it shall have been made in the manner and for the time prescribed above and such service shall be proved by the affidavit of the printer.
Service by publication shall be equivalent to personal service of process on the respondent within the State of Oklahoma.
All service fees authorized by law shall be paid from the funds of the Court.
Court on Judiciary Rule 12, 5 O. S. A. Ch. 1, App. 7, OK ST J CT TRIAL DIV Rule 12
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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