Oklahoma § 12-1773 - Dismissal of action - Failure to file pleadings or serve
Full text of Oklahoma Oklahoma Statutes § 12-1773 — Dismissal of action - Failure to file pleadings or serve, with citation guidance and answers to common questions.
§ 12-1773. Dismissal of action - Failure to file pleadings or serve
process.
A. Any action under the Small Claims Procedure Act which is not
at issue and in which no pleading has been filed or other action
taken for one (1) year and in which no motion has been pending
during any part of the year shall be dismissed without prejudice by
the court on its own motion after notice to the parties or their
attorneys of record; providing, the court may, upon written
application and for good cause shown by order in writing, allow the
action to remain on its docket.
B. If service of process under the Small Claims Procedure Act
is not made upon a defendant within one hundred eighty (180) days
after the filing of the affidavit, the action shall be deemed to
have been dismissed without prejudice as to that defendant. The
action shall not be deemed to have been dismissed where a summons
was served on the defendant within one hundred eighty (180) days
after the filing of the affidavit and a court later holds that the
summons or its service was invalid. After a court quashes a summons
or its service, a new summons may be served on the defendant within
a time specified by the judge. If the new summons is not served
within the specified time, the action shall be deemed to have been
dismissed without prejudice as to that defendant. This subsection
shall not apply with respect to a defendant who has been in a
Oklahoma Statutes - Title 12. Civil Procedure
foreign country for one hundred eighty (180) days following the
filing of the affidavit.
Added by Laws 1989, c. 195, § 1, eff. Nov. 1, 1989.
Source: official Oklahoma text · Last verified 2026-08-27
Frequently Asked Questions About Oklahoma § 12-1773
What does Oklahoma Statutes § 12-1773 cover?
Section 12-1773 ("Dismissal of action - Failure to file pleadings or serve") 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 § 12-1773?
A common citation format is "Oklahoma Statutes § 12-1773" (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 § 12-1773 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.