Oklahoma § 12-1031.1 - Authorization to correct, open, modify or vacate

§ 12-1031.1. Authorization to correct, open, modify or vacate

judgments - Time - Notice.

A. A court may correct, open, modify or vacate a judgment,

decree, or appealable order on its own initiative not later than

thirty (30) days after the judgment, decree, or appealable order

prepared in conformance with Section 696.3 of this title has been

filed with the court clerk. Notice of the court's action shall be

given as directed by the court to all affected parties.

Oklahoma Statutes - Title 12. Civil Procedure

B. On motion of a party made not later than thirty (30) days

after a judgment, decree, or appealable order prepared in

conformance with Section 696.3 of this title has been filed with the

court clerk, the court may correct, open, modify, or vacate the

judgment, decree, or appealable order. If the moving party did not

prepare the judgment, decree, or appealable order, and Section 696.2

of this title required a copy of the judgment, decree, or appealable

order to be mailed to the moving party, and the court records do not

reflect the mailing of a copy of the judgment, decree, or appealable

order to the moving party within three (3) days, exclusive of

weekends and holidays, after the filing of the judgment, decree, or

appealable order, the motion to correct, open, modify, or vacate the

judgment, decree, or appealable order may be filed no later than

thirty (30) days after the earliest date on which the court records

show that a copy of the judgment, decree, or appealable order was

mailed to the moving party. The moving party shall give notice to

all affected parties. A motion to correct, open, modify, or vacate

a judgment or decree filed after the announcement of the decision on

all issues in the case but before the filing of the judgment or

decree shall be deemed filed immediately after the filing of the

judgment or decree.

C. If more than thirty (30) days have passed since the filing

of a judgment, decree, or appealable order, proceedings to vacate or

modify the judgment, decree, or appealable order shall be by

petition in conformance with Section 1033 of this title unless

approved by all parties who have entered an appearance in the

lawsuit.

D. The party that prevails in an action to vacate any judgment,

decree or appealable order shall only be considered the prevailing

party for the purpose of the award of costs, to include a reasonable

attorney fee, if such party prevails on the merits in the underlying

action.

Added by Laws 1969, c. 304, § 1, emerg. eff. April 28, 1969.

Amended by Laws 1990, c. 251, § 15, eff. Jan. 1, 1991; Laws 1991, c.

251, § 19, eff. June 1, 1991; Laws 1993, c. 351, § 25, eff. Oct. 1,

1993; Laws 1994, c. 343, § 6, eff. Sept. 1, 1994; Laws 1997, c. 102,

§ 9, eff. May 1, 1997; Laws 1999, c. 293, § 10, eff. Nov. 1, 1999;

Laws 2013, c. 18, § 1, eff. Nov. 1, 2013.