Cleveland County District Court, Oklahoma Service and Proof of Service Rules

CRITICAL

Applies to

Notice of hearing

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.

CRITICAL

Service

Mail

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)

CRITICAL

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).

CRITICAL

Proof of service is due 10 days before the hearing.

4. Proof of Service (10 days before the hearing)

CRITICAL

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.

CRITICAL

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)

CRITICAL

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.

CRITICAL

Deadline

48 hours

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.

CRITICAL

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)

CRITICAL

Proof of service must be provided if a consent is not notarized.

you must provide proof of service (if a consent is not notarized).

CRITICAL

Applies to

Motion, pleading, order, or journal entry

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.

CRITICAL

Applies to

Notice of hearing

The Notice of Hearing must be served with the pleading at issue.

The Notice of Hearing shall be served with the pleading at issue.

CRITICAL

Applies to

Guardianship notice documents

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.

CRITICAL

Applies to

Motion to withdraw

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.

CRITICAL

Service

Mail

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)

CRITICAL

Service must be completed 10 days before the hearing.

3. Proof of Service (10 days before the hearing)

CRITICAL

Applies to

Bond motion and notice of hearing

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.

CRITICAL

Applies to

Entry of appearance

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.

CRITICALCivil cases

Service

Mail

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.

CRITICAL

Applies to

Notice of 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.

WARNING

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)

WARNING

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).