Oklahoma § 12-1148.10 - Writ of execution - Form - New trial

§ 12-1148.10. Writ of execution - Form - New trial

If judgment be for plaintiff, the court shall, at the request of

the plaintiff, his or her agent or attorney, issue a writ of

execution thereon, which shall be in substantially the following

form:

The State of Oklahoma, _______ County.

The State of Oklahoma to the Sheriff of ________ County:

Whereas, in a certain action for the forcible entry and

detention (or for the forcible detention as the case may be) of the

following described premises, to wit: ______________ lately tried

before me, wherein _________ was plaintiff, and _______ was

defendant, judgment was rendered on the ____ day of ______, 20__,

that the plaintiff have restitution of said premises; and also that

he or she recover rent, attorney fees and costs in the sum of

______; you, therefore, are hereby commanded to cause the defendant

to be forthwith removed from said premises and the said plaintiff to

have physical possession of the same, and make all accruing costs,

and of this writ, make legal service and due return.

Witness my hand this _____ day of ________, 20__.

_______________

A.B., Judge

A motion for a new trial may be filed only within three (3) days

of judgment but shall not operate to stay execution.

Added by Laws 1968, c. 172, § 10, eff. Jan. 13, 1969. Amended by

Laws 2021, c. 69, § 1, eff. Nov. 1, 2021.

§12-1148.10A. Notice of writ - Filing of original - Execution of

writ - Refusal to surrender possession - Assistance of law

enforcement - Appeal.

Oklahoma Statutes - Title 12. Civil Procedure

A. The plaintiff or agent of the plaintiff or officer shall

immediately notify the defendant in person or by posting of said

notice that the plaintiff or agent of the plaintiff or officer shall

return in forty-eight (48) hours to restore the plaintiff possession

of the premises by executing the writ prescribed in Section 1148.10

of this title and shall make levy to collect the amount of the

judgment and all accruing costs.

B. The original writ of execution issued as provided by Section

1148.10 of this title shall be filed in the action in the manner

provided for judgments in civil cases.

C. The plaintiff or agent of the plaintiff may execute the writ

upon the defendant by personally serving a certified copy of the

writ upon the defendant or upon a person authorized to receive

service of process as provided by Section 2004 of this title. If

the plaintiff or agent of the plaintiff is unable to personally

serve the defendant or a person authorized to receive service of

process as provided by Section 2004 of this title, the plaintiff or

agent of the plaintiff may post a notice in a conspicuous place at

the premises address that the plaintiff or agent of the plaintiff

shall return at a specified date and time, which shall be not less

than forty-eight (48) hours from the time of posting, to restore the

plaintiff to physical possession of the premises by executing the

writ prescribed in Section 1148.10 of this title.

D. Any person who wrongfully refuses to surrender physical

possession of the premises described in the writ of execution upon

service of the writ by the plaintiff or the agent of the plaintiff

shall, upon conviction, be deemed guilty of a trespass and may be

punished by a fine in an amount not to exceed Five Hundred Dollars

($500.00) or by confinement in the county jail for a period not to

exceed thirty (30) days or by both such fine and imprisonment.

E. The plaintiff or the agent of the plaintiff may summon

either the sheriff of the county or the law enforcement agency of

the city or town in which the premises are located for assistance in

executing the writ.

F. The plaintiff's, the agent of the plaintiff's, or the

officer's return shall be as upon other executions. Within two (2)

days of the date of the judgment, the defendant may post a

supersedeas bond conditioned as provided by law. This time limit

may be enlarged by a trial judge's order to not more than seven (7)

days after the date of judgment. The posting of a supersedeas bond

shall not be construed to relieve the defendant of his or her duty

to pay current rent as it becomes due while the appeal is pending.

The rent shall be paid into the court clerk's office together with

poundage. If there be controversy as to the amount of rent, the

judge shall determine by order how much shall be paid in what time

intervals. Withdrawal by the plaintiff of rent deposited in the

court clerk's office pending appeal shall not operate to estop him

Oklahoma Statutes - Title 12. Civil Procedure

or her from urging on appeal his or her right to the possession of

the premises. Failure to pay current rentals while the appeal is

pending shall be considered as abandonment of the appeal.

Added by Laws 1971, c. 205, § 1, eff. Oct. 1, 1971. Amended by Laws

1991, c. 150, § 1, eff. Sept. 1, 1991; Laws 1995, c. 149, § 1, eff.

Nov. 1, 1995; Laws 2021, c. 69, § 2, eff. Nov. 1, 2021.

§12-1148.10B. Curing of default - Good faith claim of failure to

provide minimum services.

A. A tenant shall be allowed to cure a default in a forcible

entry and detainer action in the following instance:

The default of the tenant was due to unpaid rent which was

unpaid due to the good faith claim of a tenant that the landlord

failed to provide the minimum services required by subsection C of

Section 121 of Title 41 of the Oklahoma Statutes; provided that

written notice of said claim or actual notice to the landlord's

agent for collecting rent is provided within ten (10) days of the

date that rent became due.

B. In such instance, the order of the court must recite that

the tenant by paying the judgment including court costs and attorney

fees, by cash or cashier's check, within seventy-two (72) hours can

avoid a writ of execution, cure the breach and remain in the

premises.

Added by Laws 1990, c. 172, § 1, eff. Sept. 1, 1990.