Cleveland County District Court, Oklahoma
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion, Brief
- When Setting Hearing
Response, Counter Motion, Cross Motion, Reply, Brief
Communication
Phone
Clerk
Page & Word Limits1 rule
not exceed 25 pages or, if it is a reply brief, shall not exceed 5 pages;
- Page limit
- Up to 25 pages
- Reply brief
- Up to 5 pages
Document Format Requirements4 rules
YOU MUST COMPLETE ALL BLANKS ON THE ATTACHED FORMS IN LEGIBLE WRITING. IF THE JUDGE CANNOT READ ANY OF THE INFORMATION, YOUR APPLICATION WILL NOT BE APPROVED.
Motions, applications, responses, replies, and required briefs must follow the stated paper-size, spacing, margin, page-numbering, and font requirements, subject to the stated spacing exceptions.
- Font size
- At least 12 points
- Line spacing
- Double
- Margins
- At least 1 inch
Formatting
- •Page numbers must be in the margins
Court's wording
All motions, applications, responses and replies thereto, including briefs, if required by Rule 4 of the Rules for District Courts, shall: be on 8 1/2 by 11 inch paper or 8 � by 14 inch paper; be double-spaced, but quotations more than two lines long may be indented and single-spaced and headings and footnotes may be single-spaced; have margins that are at least one inch on all four sides; include page numbers in the margins; use a proportionally spaced font 12-point or larger;
Counsel shall paperclip the proposed Petition or other pleading to the Pauper�s Affidavit.
A party may seek leave from the assigned judge for deviations from this subsection.
Document Filing Requirements92 rules
If you answered "yes" to any of the above six (6) questions, attach a written explanation providing details (include date of occurrence, jurisdiction, charge or offense, a complete description of the circumstances leading to the charge or action taken, and the disposition or status of the matter).
THIS APPLICATION IS A SWORN STATEMENT.
## Affidavit of Citizenship (check one):
- I am a qualified alien under the Federal Immigration and Nationality Act and am lawfully present in the United States. (provide supporting documentation)
Once found qualified for the license sought hereby, I will execute the required statutory bond for faithful performance of my duties and will abide by all the provisions of the applicable law.
- Photograph
## Affidavit of Residency (both requirements must be met to qualify for a license): - I have been a resident of the State of Oklahoma for a period of not less than six (6) months - I have been a resident of the county or judicial administrative district in which this application is submitted for a period of not less than thirty (30) days.
Subscribed and sworn to before me, the undersigned, this _____ day of _____, 20____ in the County of _____, State of _____.
If the adult ward is able to understand and agree to the guardianship, the consent form can be completed and must be signed by the adult in front of a notary public. The original signed and notarized document must be provided to the Court.
It is your responsibility to submit the form, obtain results, and provide them to the Court.
Criminal Background Check – (name based and sex offender registry) for Petitioner’s state of residence.
Background check must be completed for Petitioner and all other adults living in the home.
If any other individual entitled to notice agrees to the guardianship, the consent can be completed and must be signed in front of a notary public. The original signed and notarized document must be provided to the Court.
Prior to the hearing, the below requirements MUST be completed, and all required documents and proof must be provided to the Court on or before the day of your hearing.
The petition includes a verification in which the petitioner swears that its contents are true and correct and signs before a court clerk, deputy court clerk, or notary public.
Court's wording
I/we, ___________________________________________, of legal age and being first duly sworn upon oath, depose and state that I/we am/are the Petitioner(s) above named, that I/we have read and understand the above and foregoing Petition and that the contents contained therein are true and correct to the best of my knowledge, information and belief. ______________________________ Petitioner(s) Subscribed and sworn to before the undersigned this ____ day of ________________________, 20_____. ______________________________________ Court Clerk/Deputy Court Clerk/Notary Public
1) FILL THIS FORM OUT COMPLETELY. YOU MUST TALK TO AT LEAST THREE (3) LAWYERS BEFORE TURNING IN YOUR APPLICATION AND PROVIDE A SIGNATURE OR AMOUNT OF MONEY YOU WERE QUOTED.
IF A FRIEND OR RELATIVE HAS GIVEN FINANCIAL ASSISTANCE IN THIS CASE, ESPECIALLY POSTING OF A BOND OVER $8000, BUT IS NO LONGER WILLING OR ABLE TO DO SO, AN AFFIDAVIT TO THAT EFFECT FROM THAT PERSON SHALL BE ATTACHED STATING WHY SUCH HELP IS NO LONGER AVAILABLE. YOUR APPLICATION MAY NOT BE APPROVED WITHOUT THIS DOCUMENTATION.
You are the Petitioner/Applicant and you are verifying all information contained herein is true and correct.
Please complete the attached Cover Sheet and Application in full, as well as the blanks in the Order except for the date and the Judge’s signature, and provide all necessary documentation to support your request.
Please provide all details showing your ownership in the space set out in the Application. If this is blank, your Order may not be approved.
Please provide the original and (1) copy of all documents, including the application packet.
You must be an Oklahoma resident to apply for an Oklahoma title. If your paperwork raises a question about your residency, please provide documentation that you are an Oklahoma resident.
Please follow the Title 42 procedures, and if denied, then please provide the documentation from the Title 42 procedure indicating that notice was attempted with the last known record owner.
You must also provide an Auto Data Direct printout if titled in another state or current CarFax to show that the vehicle has not been reported as stolen.
Otherwise, you must provide proof of deceased title owner AND either a will or probate legal documents showing that possession is passed or written, notarized documentation that any living heirs (spouse, child(ren) and/or known surviving relatives of the decedent) are aware of the application and do not object to the Applications’ approval.
Please provide as much detail and as many documents as possible to indicate when you came into possession of the vehicle, including any names and dates to explain your possession.
Please provide the Real Property Purchase Agreement showing manufactured home on the property and/or the deed showing transfer of the title of the property to you.
If Title 42 has not been attempted, the Court will want to see all communication or attempted communication with the last-known owner.
DEALERSHIPS: Please be sure to attach the sale and/or trade-in information and documentation with the Application.
(MUST FILL OUT FOLLOWING INFORMATION)
In support of this Application, the Applicant would state UNDER OATH that he/she is a resident of the State of Oklahoma and that he/she is the owner of said vehicle/vessel. He/She is requesting this Order for the following reasons:
(See page 2 of Instructions Sheet. Essentially, list how you own the vehicle or vessel or mobile home and why you do not have the title. If you have the title, please explain why you need the court order.)
A Waiver of Limitations of Special Judge form shall be signed by all parties and accompany the plea paperwork.
A certificate of service shall be noted on the original instrument filed, except as otherwise provided by law.
Must include
- •Certificate of service
Said Notice shall affirm the consent to accept service of all matters in the case, provide instructions for making electronic service and contain the appropriate signature line as set forth in Paragraph A above including the email address to which that pleading may be sent.
Counsel shall also include the name of the party represented, Oklahoma Bar Association number, and name of the law firm, if any.
When the defaulting party has not appeared, the plaintiff may file a default-judgment motion reciting the service details, response deadline, and default-notice information or the basis for omitting notice.
Court's wording
When the defaulting party has not made an appearance (either by filing a motion or pleading, or appearing for any hearing before the Court), the Plaintiff may file a motion for default judgment reciting: The method and date of service; The date proof of service was filed; The date by which the Defendant was required to respond; and What notice of the default was given to the Defendant, and if none was given, the reason and a short citation to authority (e.g. Rule 10, or other authority) why notice was not required.
The motion shall state: (1) the deadline established by the scheduling order, if any, and (2) whether any other party objects to the motion.
The attorney or unrepresented party must, in all cases pending before the court involving the attorney or party, file with the court and serve upon all counsel and unrepresented parties a notice of a change of address.
All parents and other appropriate parties as designated by the assigned judge in any domestic case involving children shall attend a program designed to educate parents involved in divorce regarding the needs of their children.
The Entry of Appearance shall include the name and signature of counsel or the unrepresented party, as well as the mailing address, EMAIL ADDRESS, telephone and fax numbers of counsel or the unrepresented party.
No ex-parte TRO will be issued against the State or political subdivision.
If a party or attorney consents to service by email, that party or attorney shall file a Notice of Consent to Accept Service by Email.
All motions to withdraw shall be accompanied by a proposed order.
- Document
- Motion to withdraw
Must include
- •Proposed order
The Judgment and Sentence must also accompany any plea heard by a Special Judge.
No ex-parte restraining or emergency order will be issued against any person, firm or corporation unless counsel has attached a verified statement that either the opposition is not represented by counsel or that counsel for the opposition has been contacted and given adequate notice of the presentation of the application at a date and time certain.
The Entry of Appearance shall accompany the filing of the first document presented by that party or shall be made separately at the time the party enters the case, if no other pleading is required to be filed at the time the party enters the case.
All parties to any proceeding (civil or criminal) shall immediately upon entering a case, file an Entry of Appearance.
The approved parenting-program curriculum must address the listed topics concerning children, parenting, dispute resolution, and community resources.
Court's wording
Approved curriculum must address issues of post-divorce relationships, the needs of the children during and after the divorce, decision making during and after the divorce, reactions of children to divorce, shared parenting, alternative forms of dispute resolution and community resources available to divorcing parents.
No counsel may withdraw from a pending case without leave of the court.
A Notice of Hearing shall be filed setting forth the matter to be heard, the date, time and place of the hearing as well as the name of the judge that the matter is set before.
Other than at initial appearances, bonds may only be reduced, increased or modified (1) upon written motion, OR (2) upon written agreement, signed by both parties and approved by the appropriate judicial officer, OR (3) upon an emergency while the court is not open for business, as set forth below.
The last page of every pleading must identify the filer and party designation and provide the listed contact and bar-number information.
Court's wording
The last page of all pleadings shall contain the name, applicable bar number, address, telephone number, facsimile number, and e-mail address of the person filing the pleading and the party designation (plaintiff, petitioner, etc.).
All agreed upon orders presented to the Court for execution must be approved and signed by the attorneys of record or pro se litigants affected.
When presenting a default-judgment journal entry for signature, provide the motion, proof of service, required servicemember materials in civil cases involving individuals, and any item the judge specifically requests.
Court's wording
The following documents shall be provided to the assigned judge at the time the journal entry of default judgment is presented for signature: The motion for default judgment; Proof of service; 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; and Any other item specifically requested by the assigned judge.
Following the Court�s ruling on matters presented, counsel for the prevailing party shall prepare a journal entry of the ruling and present it to the opposing counsel/party.
A party moving to amend or supplement a pleading, must attach the proposed pleading as an exhibit to the motion.
Motions for Bond Enhancement or Bond Reduction/Modification shall be filed with the Clerk of the Court and set for hearing with the appropriate judicial officer as set forth below.
1. CANIS Form – Oklahoma Department of Human Services child welfare history check.
b. If the minor is at least 14 years old, he/she is entitled to notice and can complete a consent form which must be signed in front of a notary public.
b. It is your responsibility to submit the form, obtain results, and provide them to the Court.
2. Criminal Background Check – (name based and sex offender registry) for Petitioner’s state of residence. a. Background check must be completed for Petitioner(s) and all other adults living in the home.
a. If one or both parents agree to the guardianship, the consent form(s) can be completed and must be signed in front of a notary public. The original signed and notarized document must be provided to the Court.
Add further child(ren) information here (For each Additional Child: Name; DOB; Age; Name/Address Natural Mother; Name/Address Natural Father):
If guardianship is sought out of necessity, briefly explain why the parents cannot properly care for the children.
Court's wording
If the guardianship is being sought out of alleged necessity (i.e. parents not presently able to properly care for the child(ren)), briefly explain the reason(s) that prevents the parents from providing proper care:
Filing & Service rules
Filing Timing and Cure Windows
Give the judge the receipt and completed application at the next court date.
3) THE ASSIGNED JUDGE WILL REVIEW YOUR APPLICATION IN THE COURTROOM ON THE SET MISDEMEANOR OR PHC COURT DATE. GIVE YOUR RECEIPT AND COMPLETED APPLICATION TO THE JUDGE AT YOUR NEXT COURT DATE.
Page 1 | HOW TO APPLY FOR A COURT-APPOINTED ATTORNEY
Take the certified copies of the Court Order to Service Oklahoma within 30 days of the date of the Order.
After the Judge approves the Application and signs the Order, the Court Clerk will notify you and provide you with certified copies of the Court Order which you will need to take to Service Oklahoma within 30 days on the date of the Order.
Civil cases
Page 1 | INSTRUCTIONS FOR OBTAINING A COURT ORDERED TITLE
Victims of the listed offenses, and immediate family members of first-degree murder victims, may seek an emergency temporary or emergency ex parte order regardless of relationship or scenario requirements; a minor’s petition may be filed on the victim’s behalf.
(G) A victim of rape, forcible sodomy, a sex offense, kidnapping, assault and battery with a deadly weapon, child abuse, or member of the immediate family of a victim of first-degree murder, may petition, or have a petition filed on the victim’s behalf if the victim is a minor, for an emergency temporary order or emergency ex parte order regardless of any relationship or scenario requirements in this section. …
Page 8 | Appendix 1
If the complaint is unavailable from the law enforcement agency, the person seeking relief must provide a copy at the full hearing.
The person seeking relief shall provide a copy of the complaint that was filed with the law enforcement agency at the full hearing if the complaint is not available from the law enforcement agency.
Page 8 | Appendix 1
A person who is not a family or household member or in a current or former dating relationship with the defendant must file a complaint with the proper law enforcement agency before filing a protective-order petition.
(A)(1). . . If the person seeking relief is not a family or household member or an individual who is or has been in a dating relationship with the defendant, the person seeking relief must file a complaint against the defendant with the proper law enforcement agency before filing a petition for a protective order with the district court.
Page 8 | Appendix 1
If all attorneys approve the journal entry, it must be presented to the Court for signature within 30 days, unless the assigned judge orders another timeframe.
If it is approved by all the attorneys, it shall be presented to the Court for signature within thirty (30) days thereafter, unless another time-frame is ordered by the assigned judge.
Page 1 | RULE NO. 16 — MOTIONS/MOTION DOCKETS
Criminal motions must be set before the assigned judge at least 23 days after presentation for setting, unless the parties agree to a shorter period or the court orders one.
All Motions shall be set for hearing before the assigned judge. The secretary/bailiff shall enter it upon the docket of the assigned judge, not less than 23 days from the date the motion is presented for setting, unless a shorter period is agreed to by the parties or ordered by the court.
Page 1 | RULE NO. 23 — MOTIONS/MOTION DOCKETS
If an emergency bond modification is granted, a show-cause hearing must occur before the assigned judge within the next two business days unless the judge directs otherwise.
If an emergency modification is granted, a show cause hearing shall be heard before the assigned judge within the next two (2) business days immediately following the order, unless otherwise directed by the assigned judge.
Page 1 | RULE NO. 25 — BOND REQUESTS
Proof of completing the parenting course must be filed within 30 days of service or by another time directed by the assigned judge.
Proof of completion of said course shall be filed in the case within 30 days of service or as directed by the assigned judge.
Page 1 | RULE NO. 20 — FAMILY AND DOMESTIC CASES
To request a same-day hearing, a Petition for Emergency Protective Order must be filed by 4:00 p.m. on a day the courthouse is open.
Persons requesting a same-day hearing on Petitions for Emergency Protective Orders must file the Petition no later than 4:00pm on days wherein the Cleveland County Courthouse is open for business.
Civil cases
Page 1 | Order Determining Hearings on Emergency Protective Orders
Complete the listed guardianship requirements and provide all required documents and proof to the Court by the hearing day.
Prior to the hearing, the below requirements MUST be completed, and all required documents and proof must be provided to the Court on or before the day of your hearing.
Page 1 | Guardianship of Minor Child(ren) – Requirements
Without direct evidence that the last owner knows of the application and does not object, the Court may wait three months to sign or require a hearing.
Without direct evidence that the last owner is aware of the application and does not object, the Court will either wait three months to sign or require that the matter be set for hearing.
Civil cases
Page 2 | ADDITIONAL INFORMATION TO INCLUDE WITH APPLICATION
A police report is not required if the petitioner is a family or household member or is in a dating relationship with the defendant.
If you ARE a family or household member or in a dating relationship with Defendant, then Police Report IS NOT required
Page 8 | Appendix 1
Police Report IS NOT required for • Emergency Temporary (weekend) Order • Emergency Ex Parte Order
Police Report IS NOT required for • Emergency Temporary (weekend) Order • Emergency Ex Parte Order
Page 8 | Appendix 1
The assigned judge may set motion deadlines in the scheduling order, and motions filed after those deadlines may be stricken.
Deadlines for motions may be made by the assigned judge according to the scheduling order entered into each case. Motions filed after the deadlines imposed by the assigned judge may be stricken.
Page 1 | RULE NO. 23 — MOTIONS/MOTION DOCKETS
A Petition filed after 4:00 p.m. will be heard on the next day the courthouse is open.
Petitions filed after 4:00pm will be heard on the following day wherein the Cleveland County Courthouse is open for business.
Civil cases
Page 1 | Order Determining Hearings on Emergency Protective Orders
Service and Proof of Service Rules
Other parties entitled to notice may be served by USPS certified mail with return receipt requested, and the signed green card must be provided to the Court.
Certified mail via USPS with return receipt requested. (you must provide the signed green card to the court)
Page 1 | Guardianship of an Adult/Incapacitated Person – Requirements
If signed and notarized consent forms cannot be obtained, proof of service must be provided to the Court.
If you are unable to obtain the signed and notarized consent form(s), proof of service must be provided to the court.
Page 1 | Guardianship of an Adult/Incapacitated Person – Requirements
The adult ward may be served by a private process server or a deputy sheriff; the Petitioner must arrange and pay for the service.
There are two options for service to the adult ward: i. Private Process server (you must contact a company and cover the cost). ii. Deputy Sheriff via the Sheriff’s Office in the County where the person can be served. (You must contact and pay for)
Page 1 | Guardianship of an Adult/Incapacitated Person – Requirements
Three (3) options for service to any other party entitled to notice: i. Private Process server (you must contact a company and cover the cost). ii. Deputy Sheriff via the Sheriff’s Office in the County where the person can be served. (You must contact and pay for)
Three (3) options for service to any other party entitled to notice: i. Private Process server (you must contact a company and cover the cost). ii. Deputy Sheriff via the Sheriff’s Office in the County where the person can be served. (You must contact and pay for)
Page 1 | Guardianship of an Adult/Incapacitated Person – Requirements
Proof of service must be provided if a consent is not notarized.
you must provide proof of service (if a consent is not notarized).
Page 1 | Guardianship of an Adult/Incapacitated Person – Requirements
Serve each individual entitled to guardianship notice with the Petition, Order Setting Hearing, and Notice of Hearing.
You must serve all individuals entitled to notice of your guardianship with a copy of the Petition, the Order Setting Hearing, and the Notice of Hearing.
Page 1 | Guardianship of an Adult/Incapacitated Person – Requirements
Service must be completed 10 days before the hearing.
3. Proof of Service (10 days before the hearing)
Page 1 | Guardianship of an Adult/Incapacitated Person – Requirements
If the application indicates an ownership dispute, provide certified-mail notice to other potential claimants at their last-known addresses.
If the information provided indicates that there is a dispute as to ownership, then the Judge will set your Application for a Hearing, and you will need to provide certified mail notice to any other individuals who may have a claim to the vehicle/vessel/mobile home at the last-known address.
Civil cases
Page 1 | INSTRUCTIONS FOR OBTAINING A COURT ORDERED TITLE
The Notice of Hearing must be served together with the motion at issue.
The Notice of Hearing shall be served with the motion at issue.
Page 1 | RULE NO. 16 — MOTIONS/MOTION DOCKETS
A motion requires at least 48 hours’ notice before hearing, unless opposing counsel waives notice and the Court’s calendar permits the shorter period.
A minimum of forty-eight (48) hours notice is required before a Motion is heard, unless waived by opposing counsel and the Court�s calendar allows for the same.
Page 1 | RULE NO. 25 — BOND REQUESTS
After the petition is filed, parties or attorneys filing motions, pleadings, orders, or journal entries must serve copies as provided by 12 O.S. §2005, unless law provides otherwise.
Parties or attorneys filing motions, pleadings, orders or journal entries after the petition has been filed shall serve copies as provided in 12 O.S. §2005, except as otherwise provided by law.
Page 1 | RULE NO. 8 — PLEADINGS AND SERVICE: ALL CASES
The Notice of Hearing must be served with the pleading at issue.
The Notice of Hearing shall be served with the pleading at issue.
Page 1 | RULE NO. 23 — MOTIONS/MOTION DOCKETS
Counsel moving to withdraw must serve the motion on the client and all attorneys of record.
The counsel filing the motion shall serve a copy of the motion on the client and all attorneys of record.
Page 1 | RULE NO. 9 — APPEARANCE/WITHDRAWAL/CHANGE OF ADDRESS
Copies of the bond motion and hearing notice must be provided to opposing counsel or, if unrepresented, the defendant.
Copies of the motion with notice of hearing shall be provided to opposing counsel or the defendant, if unrepresented.
Page 1 | RULE NO. 25 — BOND REQUESTS
A copy of the Entry of Appearance must be served on all other parties of record.
Copies shall be served on all other parties of record.
Page 1 | RULE NO. 9 — APPEARANCE/WITHDRAWAL/CHANGE OF ADDRESS
A notice of change of address must be served on all counsel and unrepresented parties in every affected pending case.
The attorney or unrepresented party must, in all cases pending before the court involving the attorney or party, file with the court and serve upon all counsel and unrepresented parties a notice of a change of address.
Page 1 | RULE NO. 9 — APPEARANCE/WITHDRAWAL/CHANGE OF ADDRESS
Serve each person entitled to guardianship notice with the Petition, Order Setting Hearing, and Notice of Hearing, and provide proof of service if a consent is not notarized.
a. You must serve all individuals entitled to notice of your guardianship with a copy of the Petition, the Order Setting Hearing, and the Notice of Hearing. you must provide proof of service (if a consent is not notarized).
Page 1 | Guardianship of Minor Child(ren) – Requirements
Proof of service is due 10 days before the hearing.
4. Proof of Service (10 days before the hearing)
Page 1 | Guardianship of Minor Child(ren) – Requirements
If signed and notarized consent forms cannot be obtained, proof of service must be provided to the Court.
c. If you are unable to obtain the signed and notarized consent form(s), proof of service must be provided to the court.
Page 1 | Guardianship of Minor Child(ren) – Requirements
Certified mail through USPS with return receipt requested is an available service option, and the signed green card must be provided to the Court.
iii. Certified mail via USPS with return receipt requested. (you must provide the signed green card to the court)
Page 1 | Guardianship of Minor Child(ren) – Requirements
A deputy sheriff through the sheriff’s office in the county where the person can be served is an available service option, and the petitioner must contact and pay for it.
ii. Deputy Sheriff via the Sheriff’s Office in the County where the person can be served. (You must contact and pay for)
Page 1 | Guardianship of Minor Child(ren) – Requirements
A private process server is an available service option, and the petitioner must contact a company and cover the cost.
i. Private Process server (you must contact a company and cover the cost).
Page 1 | Guardianship of Minor Child(ren) – Requirements
Filing Fees and Waivers
A renewal application must include the $15 renewal fee and any other fees and court costs required by law.
- Renewal of original application fee of Fifteen Dollars ($15.00) and all other fees and court costs as provided by law.
Civil cases
Page 2 | Supplied herewith are
An original application must include the $150 application fee and any other fees and court costs required by law.
- Original application fee of One-Hundred-Fifty Dollars ($150.00) and all other fees and court costs as provided by law.
Civil cases
Page 2 | Supplied herewith are
Pay the $40 application fee in cash at the court clerk’s office before going to the courtroom with the application.
2) PAY THE $40.00 **CASH ONLY** APPLICATION FEE AT THE COURT CLERK'S OFFICE BEFORE YOU GO TO THE COURTROOM WITH YOUR APPLICATION.
Page 1 | HOW TO APPLY FOR A COURT-APPOINTED ATTORNEY
The filing fee is $160.39 without an attorney.
The filing fee is $160.39 ($170.39 with attorney).
Civil cases
Page 1 | INSTRUCTIONS FOR OBTAINING A COURT ORDERED TITLE
Pay the filing fee when the application is filed.
FEE MUST BE PAID AT THE TIME OF FILING.
Civil cases
Page 1 | INSTRUCTIONS FOR OBTAINING A COURT ORDERED TITLE
A summons requested the following week requires a new Pauper’s Affidavit.
If a summons is requested the following week, a new Pauper�s Affidavit must be completed as described below.
Page 1 | RULE NO. 21 — PAUPER’S AFFIDAVITS
The Court Clerk must set the Pauper’s Affidavit matter on the uncontested docket under Rule 17.
The Court Clerk shall then set the matter on the uncontested docket according to Rule 17.
Page 1 | RULE NO. 21 — PAUPER’S AFFIDAVITS
Filing fees in civil cases are due when the case is filed.
In all civil cases filed with this Court, filing fees are due at the time of filing.
Page 1 | RULE NO. 21 — PAUPER’S AFFIDAVITS
Paid counsel may not submit a Pauper’s Affidavit.
Paid counsel may not submit a Pauper�s Affidavit, as per 28 O.S. Supp. 2019 � 152(H).
Page 1 | RULE NO. 21 — PAUPER’S AFFIDAVITS
At the uncontested docket, the person must present the completed Pauper’s Affidavit and answer the judge’s questions to establish inability to pay filing fees.
At the uncontested docket, the person shall present the completed Pauper�s Affidavit and answer any questions by the judge in order to prove that the person cannot afford to pay filing fees.
Page 1 | RULE NO. 21 — PAUPER’S AFFIDAVITS
For additional fees due after filing, the person must submit a new Pauper’s Affidavit to the assigned judge and inform the judge of the prior ruling.
After the case is filed, if additional fees are due (e.g. fees for contempt citations, motion for summary judgment fees, etc.), the person shall present a new Pauper�s Affidavit to the assigned judge for consideration, and the person will inform the judge of the prior ruling on the Pauper�s Affidavit.
Page 1 | RULE NO. 21 — PAUPER’S AFFIDAVITS
When someone other than the party ordered to pay offers the judgment, the Clerk must accept it, and the party ordered to pay must pay or arrange a payment plan within 30 days after filing.
If the party offering the judgment is not the party that was ordered to pay fees (e.g. Petitioner is offering the final judgment for filing, and Respondent was ordered to pay fees), the Court Clerk shall accept the judgment for filing, and the party ordered to pay shall make payment or setup a payment plan within thirty days of the filing of the judgment.
Page 1 | RULE NO. 21 — PAUPER’S AFFIDAVITS
The Court Clerk may not accept a final judgment for filing unless all fees are paid, waived by the Court, or otherwise addressed by court order.
The Court Clerk may not accept a final judgment for filing unless all fees due are paid, the fees are waived by the Court, or the Court orders otherwise.
Page 1 | RULE NO. 21 — PAUPER’S AFFIDAVITS
A filing fee is likely not reimbursed if the application is withdrawn after filing.
IF YOU DECIDE TO WITHDRAW YOUR APPLICATION AFTER IT IS FILED, YOU WILL LIKELY NOT RECEIVE A REIMBURSEMENT OF THE FILING FEE THAT YOU PAID AT THE TIME OF FILING.
Civil cases
Page 1 | INSTRUCTIONS FOR OBTAINING A COURT ORDERED TITLE
The petition asks the Court to order the Defendant to pay court costs and service fees, and states that the Petitioner is not charged fees or costs unless the Court finds the petition frivolous.
14. The Defendant should be ordered to pay the court costs and service of process fees (pursuant to 22 O.S. §60.2(C)(1), no fees or costs shall be charged to the petitioner except if the Court finds this petition has been filed frivolously).
Page 6 | Relief Requested
A person without an attorney who cannot afford initial filing fees because of poverty may use a Pauper’s Affidavit to state their financial situation.
However, if a person without an attorney is unable to afford the required initial filing fees due to his or her poverty, the Court Clerk shall provide the person with a Pauper�s Affidavit which will allow the person to state his or her financial situation.
Page 1 | RULE NO. 21 — PAUPER’S AFFIDAVITS
A Pauper’s Affidavit applies only to fees due that day unless the Court orders otherwise.
A Pauper�s Affidavit shall only apply to fees due that day, unless the Court orders otherwise.
Page 1 | RULE NO. 21 — PAUPER’S AFFIDAVITS
Pro bono counsel may submit the plaintiff’s signed Pauper’s Affidavit to the Chief Judge’s chambers for consideration.
Pro bono counsel may submit a Pauper�s Affidavit signed by the Plaintiff to the Chief Judge�s chambers for consideration.
Page 1 | RULE NO. 21 — PAUPER’S AFFIDAVITS
The Court may waive the Sheriff�s service fee if explicitly ordered in the Pauper�s Affidavit.
The Court may waive the Sheriff�s service fee if explicitly ordered in the Pauper�s Affidavit.
Page 1 | RULE NO. 21 — PAUPER’S AFFIDAVITS
If the Pauper’s Affidavit does not specifically waive the Sheriff’s service fee, the Sheriff’s Office may decide whether to waive it.
If the Sheriff�s service fee is not specifically waived, the Sheriff�s Office retains discretion as to whether to waive its fee.
Page 1 | RULE NO. 21 — PAUPER’S AFFIDAVITS
Courtesy Copy Requirements
Responses, counter/cross-motions, replies, and other briefs must be hand-delivered or mailed to the assigned judge’s office.
All responses, counter/cross motions, replies or other briefs shall be hand delivered or mailed to the office of the assigned judge.
Page 1 | RULE NO. 16 — MOTIONS/MOTION DOCKETS
Copies of each motion and any associated brief must be presented to the assigned judge when the hearing is set.
Copies of all motions (along with any brief associated therewith) shall be presented to the assigned judge when setting the motion for hearing.
Page 1 | RULE NO. 16 — MOTIONS/MOTION DOCKETS
Sealing & Redaction Procedures
Redact the driver’s-license number and date of birth from any included copy of the license.
If you include a copy of your driver’s license, please redact your DL number and date of birth.
Civil cases
Page 1 | INSTRUCTIONS FOR OBTAINING A COURT ORDERED TITLE
Chambers Communication Rules
If the Court permits email communication, it must be directed to all counsel of record and the Court.
If permitted by the Court, all email communication shall be directed to all counsel of record as well as the Court.
Page 1 | RULE NO. 4 — EX PARTE COMMUNICATIONS
Counsel or parties must notify the assigned judge of dismissals and settlements as soon as practical and no later than the date of any scheduled proceeding.
Counsel or parties shall notify the assigned judge of all dismissals, partial dismissals and settlements as soon as practical, but not later than the date of any scheduled proceeding, including trial, pretrial, and motion docket.
Page 1 | RULE NO. 10 — NOTIFICATION OF DISMISSAL OR SETTLEMENT
No one may refer people seeking legal advice, pro se litigants, or people calling for them to a judicial officer by any listed means.
There shall be no referrals of citizens seeking legal advice, referrals of pro se litigants or persons calling on their behalf, by telephone, in writing, electronically or in person to any judicial officer.
Page 1 | RULE NO. 4 — EX PARTE COMMUNICATIONS
No party, witness, lawyer, or other interested person may communicate ex parte with the assigned judge about the substance of a pending case.
No party, witness, lawyer or other interested person shall have any ex parte communication on the substance of a pending case with the assigned judge.
Page 1 | RULE NO. 4 — EX PARTE COMMUNICATIONS
Counsel may not send the Court copies of their correspondence unless the assigned judge specifically permits it.
Unless specifically permitted by the assigned judge, copies of correspondence between counsel shall not be sent to the Court.
Page 1 | RULE NO. 4 — EX PARTE COMMUNICATIONS
For an emergency bond modification while court is closed, the requesting entity must try to notify all involved counsel before contacting the Duty Judge.
In the case of an emergency while the court is not open for business, the entity requesting a modification shall make an attempt to first notify all counsel involved before contacting the Duty Judge.
Page 1 | RULE NO. 25 — BOND REQUESTS
The party presenting a motion must notify all other parties or counsel of record of the hearing date.
The presenting party shall be responsible for notifying all other parties or counsel of record of the hearing date.
Page 1 | RULE NO. 16 — MOTIONS/MOTION DOCKETS
When the judge permits correspondence, counsel must send or deliver copies to all other parties and counsel of record the same day it goes to the judge.
When correspondence is permitted by the assigned judge, copies shall be sent or delivered to all other parties and counsel of record on the same day it is sent or delivered to the assigned judge.
Page 1 | RULE NO. 4 — EX PARTE COMMUNICATIONS
Applicants have a continuing duty to inform the Court of changes in their financial status.
I understand I am under a continuing duty to keep this Court informed of any changes in my financial status
Page 6 | THREE ATTORNEYS CONSULTED
Counsel should make a good-faith effort to schedule hearings by agreement with opposing counsel or a pro se litigant.
Counsel shall make a good faith effort to schedule hearings by agreement with opposing counsel or a pro se litigant.
Page 1 | RULE NO. 16 — MOTIONS/MOTION DOCKETS
After executing the affidavit, the petitioner must inform the Court in writing of any additional information acquired.
I acknowledge that I have a continuing duty under the law to inform the Court, in writing, of any additional information acquired by me after executing this “Affidavit”.
Page 8 | PETITIONER’S EXHIBIT “B”
Parties may communicate with the assigned judge’s office about scheduling and procedural matters.
Communication with the office of the assigned judge regarding scheduling and procedural matters is permitted.
Page 1 | RULE NO. 4 — EX PARTE COMMUNICATIONS
Counsel may contact the assigned judge’s secretary or bailiff to ask whether the judge will accept email communications.
The secretary/bailiff of the assigned judge may be contacted to determine whether the assigned judge will accept email communication from counsel.
Page 1 | RULE NO. 4 — EX PARTE COMMUNICATIONS
If you do not know your court date, you may call the court clerk at 405-321-6402 to obtain it.
4) YOU MAY CONTACT THE COURT CLERK AT 405-321-6402 TO GET YOUR COURT DATE IF YOU DO NOT KNOW IT.
Page 1 | HOW TO APPLY FOR A COURT-APPOINTED ATTORNEY