Oklahoma § 12-1757 - Transfer of actions from small claims docket to another

§ 12-1757. Transfer of actions from small claims docket to another

docket.

A. For matters in which the claim is less than Seven Thousand

Five Hundred Dollars ($7,500.00):

1. On motion of the defendant, a small claims action may, in

the discretion of the court, be transferred from the small claims

docket to another docket of the court; provided, that the motion is

filed and notice is given by the defendant to the opposing party or

parties by mailing a copy of the motion at least forty-eight (48)

hours prior to the time fixed in the order for defendant to appear

or answer; and provided, further, that the defendant deposit the sum

of Fifty Dollars ($50.00) as the court cost; and

2. The motion to transfer shall be heard at the time fixed in

the order and consideration shall be given to any hardship on the

plaintiff, complexity of the case, reason for transfer, and other

relevant matters. If the motion is denied, the action shall remain

on the small claims docket.

B. For matters in which the claim is Seven Thousand Five

Hundred Dollars ($7,500.00) or more, on motion of the defendant, a

small claims action shall be transferred from the small claims

docket to another docket of the court; provided, that the motion is

filed and notice is given by the defendant to the opposing party or

parties by mailing a copy of the motion at least forty-eight (48)

Oklahoma Statutes - Title 12. Civil Procedure

hours prior to the time fixed in the order for defendant to appear

or answer; and provided, further, that the defendant deposit the sum

of Fifty Dollars ($50.00) as the court cost.

C. If the motion is granted, the defendant as movant shall

present within ten (10) days and the court shall cause to be filed

an order on a form prepared by the Administrative Office of the

Courts transferring the action from the small claims docket to

another docket. If the transfer order is not filed by the movant

within ten (10) days, it shall be reinstated upon the small claims

docket upon motion of the small claims plaintiff, and no further

transfer shall be authorized. Before the transfer is effected, the

movant shall deposit with the clerk the court costs that are charged

in other civil cases under Sections 151 through 157 of Title 28 of

the Oklahoma Statutes, less any sums that have already been paid to

the clerk. After this filing, the costs and other procedural

matters shall be governed as in other civil actions, and not under

small claims procedure.

D. Within twenty (20) days of the date the transfer order is

signed, the plaintiff shall file a petition that conforms to the

standards of pleadings prescribed by the Oklahoma Pleading Code.

The answer of the defendant shall be due within twenty (20) days

after the filing of the petition and the reply of the plaintiff in

ten (10) days after the answer is filed.

1. For matters in which the claim is less than Seven Thousand

Five Hundred Dollars ($7,500.00), if the plaintiff ultimately

prevails in the action so transferred by the defendant, a reasonable

attorney fee shall be allowed to plaintiff's attorney to be taxed as

costs in the case, in addition to any sanctions which the court may

deem appropriate.

2. For matters in which the claim is Seven Thousand Five

Hundred Dollars ($7,500.00) or more, if attorney fees are otherwise

allowed by law, a reasonable attorney fee shall be allowed to be

taxed as costs in the case, in addition to any sanctions which the

court may deem appropriate.

Added by Laws 1968, c. 322, § 7, eff. Jan. 13, 1969. Amended by

Laws 1970, c. 266, § 1, eff. July 1, 1970; Laws 1974, c. 128, § 2;

Laws 1975, c. 341, § 1; Laws 1978, c. 212, § 1, eff. July 1, 1978;

Laws 1985, c. 284, § 1, eff. Nov. 1, 1985; Laws 1993, c. 210, § 2;

Laws 1994, c. 343, § 9, eff. Sept. 1, 1994; Laws 2017, c. 389, § 2,

eff. Nov. 1, 2017.