Cleveland County District Court, Oklahoma Document Filing Requirements

CRITICAL

Applies to

Plea paperwork

All parties must sign the Waiver of Limitations of Special Judge form and include it with the plea paperwork.

A Waiver of Limitations of Special Judge form shall be signed by all parties and accompany the plea paperwork.

CRITICALCivil cases

Applies to

Application

Lien holders must follow Title 42 procedures and, if denied, provide Title 42 documentation showing that notice was attempted with the last known record owner.

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.

CRITICAL

Must include

certificate of service

The original filed instrument must note a certificate of service unless law provides otherwise.

A certificate of service shall be noted on the original instrument filed, except as otherwise provided by law.

CRITICALCivil cases

Applies to

Application for court order

The application must state under oath that the applicant is an Oklahoma resident and owns the vehicle or vessel, and must give the reasons for requesting the order.

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:

CRITICAL

Applies to

Petition for guardianship

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.

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

CRITICALCivil cases

Applies to

Application

If the vehicle is titled in another state, provide an Auto Data Direct printout or current CarFax showing it has not been reported stolen.

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.

CRITICAL

Applies to

Court appointed counsel application

Complete the application, consult at least three lawyers before submitting it, and provide a lawyer’s signature or the amount quoted.

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.

CRITICALCivil cases

Applies to

Application

If not using the “No Probate” form, provide proof of the deceased title owner and either a will or probate documents showing transfer of possession, or notarized written documentation that living heirs know of the application and do not object.

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.

CRITICAL

Applies to

CANIS form

The guardianship requirements include a CANIS form for an Oklahoma Department of Human Services child welfare history check.

1. CANIS Form – Oklahoma Department of Human Services child welfare history check.

CRITICAL

Applies to

Notice of consent to accept service by email

The email-service consent notice must confirm consent for all case matters, give electronic-service instructions, and include the required signature information and service email address.

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.

CRITICAL

Applies to

Entry of appearance

Counsel’s Entry of Appearance must also identify the represented party, counsel’s Oklahoma Bar Association number, and law firm, if any.

Counsel shall also include the name of the party represented, Oklahoma Bar Association number, and name of the law firm, if any.

CRITICAL

Applies to

Motion for default judgment

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.

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.

CRITICAL

Applies to

Petition

For each additional child, provide the child's name, date of birth, age, and each natural parent's name and address.

Add further child(ren) information here (For each Additional Child: Name; DOB; Age; Name/Address Natural Mother; Name/Address Natural Father):

CRITICAL

Applies to

Petition

If guardianship is sought out of necessity, briefly explain why the parents cannot properly care for the children.

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:

CRITICALCivil cases

Applies to

Application

Purchasers without bills of sale and possessors of abandoned property should provide as much detail and documentation as possible about when and how they came into possession, including names and dates.

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.

CRITICALCivil cases

Applies to

Application

The application must be submitted as a sworn statement.

THIS APPLICATION IS A SWORN STATEMENT.

CRITICALCivil cases

Applies to

Application

The applicant must check one citizenship declaration in the affidavit.

## Affidavit of Citizenship (check one):

CRITICAL

Applies to

Application

If a friend or relative who provided financial assistance can no longer do so, attach that person's affidavit explaining why the assistance is unavailable; the application may not be approved without it.

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.

CRITICAL

Applies to

Motion to amend or supplement

A motion to amend or supplement must state any scheduling-order deadline and whether another party objects.

The motion shall state: (1) the deadline established by the scheduling order, if any, and (2) whether any other party objects to the motion.

CRITICAL

Applies to

Notice of change of address

An attorney or unrepresented party changing address must file a notice in every affected pending case and serve it on all counsel and unrepresented parties.

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.

CRITICAL

Applies to

Parenting education program

Parents and other parties designated by the assigned judge in a domestic case involving children must attend a program about children’s needs during divorce.

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.

CRITICAL

Applies to

Entry of appearance

An Entry of Appearance must include the appearing counsel’s or unrepresented party’s name, signature, mailing address, email address, telephone number, and fax number.

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.

CRITICALCivil cases

Applies to

Application

An applicant declaring qualified-alien status must provide supporting documentation.

- I am a qualified alien under the Federal Immigration and Nationality Act and am lawfully present in the United States. (provide supporting documentation)

CRITICAL

Applies to

Temporary restraining order

An ex parte TRO may not be issued against the State or a political subdivision.

No ex-parte TRO will be issued against the State or political subdivision.

CRITICAL

Applies to

Petition

State whether a DHS representative contacted the petitioner about filing for guardianship and, if so, explain.

Has a DHS representative contacted Petitioner(s) in regard to filing of a Guardianship on behalf of the child(ren)? If yes, explain:

CRITICAL

Applies to

Petition

If the petitioner has physical custody of the children, explain how the children came into the petitioner's custody.

If yes, explain how the child(ren) came to be in Petitioner(s) physical custody:

CRITICAL

Applies to

Adult ward consent form

If the adult ward can understand and agree to the guardianship, the ward’s consent must be signed before a notary and the original signed and notarized document provided to the Court.

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.

CRITICALCivil cases

Applies to

Application

The Petitioner/Applicant verifies that all information provided is true and correct.

You are the Petitioner/Applicant and you are verifying all information contained herein is true and correct.

CRITICALCivil cases

Applies to

Application

Once qualified, the applicant must execute the statutory bond for faithful performance and comply with applicable law.

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.

CRITICAL

Applies to

Notice of consent to accept service by email

A party or attorney consenting to email service must file a Notice of Consent to Accept Service by Email.

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.

CRITICAL

Applies to

Motion to withdraw

Must include

proposed order

Every motion to withdraw must include a proposed order.

All motions to withdraw shall be accompanied by a proposed order.

CRITICAL

Applies to

Plea paperwork

A Judgment and Sentence must accompany any plea heard by a Special Judge.

The Judgment and Sentence must also accompany any plea heard by a Special Judge.

CRITICAL

Applies to

Application for ex parte restraining or emergency order

An ex parte restraining or emergency order against a person, firm, or corporation requires an attached verified statement that the opposition is unrepresented or that its counsel was contacted and given adequate notice at a specified date and time.

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.

CRITICALCivil cases

Applies to

Application packet

Complete the Cover Sheet and Application, fill in the Order except for its date and the Judge’s signature, and provide supporting documentation.

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.

CRITICAL

Applies to

Background check results

The Petitioner must submit the background-check form, obtain the results, and provide them to the Court.

It is your responsibility to submit the form, obtain results, and provide them to the Court.

CRITICALCivil cases

Applies to

Application

Provide all details showing ownership in the designated space in the Application.

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.

CRITICAL

Applies to

Entry of appearance

The Entry of Appearance must accompany the party’s first filing or be filed separately when the party enters the case if no other pleading is then required.

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.

CRITICAL

Applies to

Entry of appearance

Every party must file an Entry of Appearance immediately upon entering a civil or criminal case.

All parties to any proceeding (civil or criminal) shall immediately upon entering a case, file an Entry of Appearance.

CRITICALCivil cases

Applies to

Application

Purchasers of real property with a manufactured home must provide the purchase agreement showing the home on the property and/or the deed showing transfer of the property to them.

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.

CRITICAL

Applies to

Consent form

A minor at least 14 years old is entitled to notice and may complete a consent form, which must be signed before a notary.

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.

CRITICALCivil cases

Applies to

Application packet

Submit the original and one copy of every document, including the application packet.

Please provide the original and (1) copy of all documents, including the application packet.

CRITICAL

Applies to

Parenting education program

The approved parenting-program curriculum must address the listed topics concerning children, parenting, dispute resolution, and community resources.

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.

CRITICALCivil cases

Applies to

Application

The application must be submitted with a photograph.

- Photograph

CRITICALCivil cases

Applies to

Application

To qualify for a license, the applicant must attest to at least six months of Oklahoma residency and at least 30 days of residency in the county or judicial administrative district where the application is submitted.

## 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.

CRITICALCivil cases

Applies to

Application

If Title 42 procedures have not been attempted, provide all communications or attempted communications with the last-known owner.

If Title 42 has not been attempted, the Court will want to see all communication or attempted communication with the last-known owner.

CRITICAL

Applies to

Criminal background check

A name-based criminal background check and sex offender registry check for the Petitioner’s state of residence must be completed.

Criminal Background Check – (name based and sex offender registry) for Petitioner’s state of residence.

CRITICAL

Applies to

Motion to withdraw

Counsel may not withdraw from a pending case without the court’s leave.

No counsel may withdraw from a pending case without leave of the court.

CRITICAL

Applies to

Emergency application for temporary order of guardianship

If no report is available, the petitioner must have personal knowledge of the danger and potential irreparable harm or present a witness with that personal knowledge.

If there is not a report available, you must have personal knowledge (not something someone told you) or present a witness with personal knowledge of the facts and circumstances that endanger the safety of the child and that will result in irreparable harm.

CRITICAL

Applies to

Criminal background check

The petitioner must submit the background-check form, obtain the results, and provide them to the Court.

b. It is your responsibility to submit the form, obtain results, and provide them to the Court.

CRITICALCivil cases

Applies to

Application

An applicant answering yes to any of the six background questions must attach a detailed written explanation covering the occurrence, jurisdiction, charge or offense, circumstances, and disposition or status.

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).