Oklahoma § 12-54 - Must execute and return process - Execution by county clerk
Full text of Oklahoma Oklahoma Statutes § 12-54 — Must execute and return process - Execution by county clerk, with citation guidance and answers to common questions.
§ 12-54. Must execute and return process - Execution by county clerk
when sheriff disqualified.
He shall execute every summons, order or other process, and
return the same as required by law; and if he fail to do so, unless
he make it appear to the satisfaction of the court that he was
prevented by inevitable accident from so doing, he shall be amerced
by the court in a sum not exceeding One Thousand Dollars
($1,000.00), upon motion and ten (10) days' notice, and shall be
liable to the action of any person aggrieved by such failure.
Provided that whenever any party, his agent or attorney, shall make
and file with the clerk of the proper court an affidavit, stating
that he believes that the sheriff of said county will not, by reason
of either partiality, prejudice, consanguinity or interest,
faithfully perform his duties in any suit commenced in said court,
the clerk shall direct the original, or other process, in such suit
to the county clerk who shall execute the same in like manner as the
sheriff might or ought to have done, and who shall be subject to the
same penalties as the sheriff if he fail to do so, unless he make it
appear that he was prevented by inevitable accident from so doing,
and the county clerk shall perform all of the other duties of the
sheriff when the sheriff shall be a party to the case, or is
disqualified.
R.L. 1910, § 5337. Amended by Laws 1953, p. 47, § 1.
Frequently Asked Questions About Oklahoma § 12-54
What does Oklahoma Statutes § 12-54 cover?
Section 12-54 ("Must execute and return process - Execution by county clerk") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 12-54?
A common citation format is "Oklahoma Statutes § 12-54" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 12-54 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.