Oklahoma § 12-1038 - Limitations
Full text of Oklahoma Oklahoma Statutes § 12-1038 — Limitations, with citation guidance and answers to common questions.
§ 12-1038. Limitations
Proceedings to vacate or modify a judgment, decree or order, for
the causes mentioned in paragraphs 4, 5 and 7 of Section 1031 of
this title must be commenced within two (2) years after the filing
of the judgment, decree or order, unless the party entitled thereto
be an infant, or a person of unsound mind and then within two (2)
years after removal of such disability. Proceedings for the causes
mentioned in paragraphs 3 and 6 of Section 1031 of this title, shall
be within three (3) years, and in paragraph 9 of Section 1031 of
this title, within one (1) year after the defendant has notice of
the judgment, decree or order. A void judgment, decree or order may
be vacated at any time, on motion of a party, or any person affected
thereby.
R.L. 1910, § 5274. Amended by Laws 1990, c. 251, § 17, eff. Jan. 1,
1991; Laws 1991, c. 251, § 20, eff. June 1, 1991; Laws 1993, c. 351,
§ 27, eff. Oct. 1, 1993.
Frequently Asked Questions About Oklahoma § 12-1038
What does Oklahoma Statutes § 12-1038 cover?
Section 12-1038 ("Limitations") 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 § 12-1038?
A common citation format is "Oklahoma Statutes § 12-1038" (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 § 12-1038 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.