Oklahoma § 12-696.2 - Preparation, service, and filing of judgments, decrees

§ 12-696.2. Preparation, service, and filing of judgments, decrees

and appealable orders.

Oklahoma Statutes - Title 12. Civil Procedure

A. After the granting of a judgment, decree or appealable

order, it shall be reduced to writing in conformance with Section

696.3 of this title, signed by the court, and filed with the court

clerk. The court may direct counsel for any party to the action to

prepare a draft for the signature of the court, in which event, the

court may prescribe procedures for the preparation and timely filing

of the judgment, decree or appealable order, including, but not

limited to, the time within which it is to be submitted to the

court. If a written judgment, decree or appealable order is not

submitted to the court by the party directed to do so within the

time prescribed by the court, then any other party may reduce it to

writing and submit it to the court.

B. A file-stamped copy of every judgment, decree, or appealable

order shall be served upon all parties, including those parties who

are in default for failure to appear in the action, by the counsel

for a party or party who prepared it, or by a person designated by

the trial court, promptly and no later than three (3) days after it

is filed. The service shall be done in the manner provided in

Section 2005 of this title for the service of papers, and a

certificate of service must be filed with the court clerk. If the

judgment, decree or appealable order was prepared by the court, the

court may direct a bailiff, court clerk or party to perform the

service and certificate of service required by this subsection. In

cases in which a party has failed to appear in the action, it shall

be sufficient to mail a file-stamped copy of the judgment, decree or

appealable order by first-class mail to the party’s last-known

address, or if the service of process was on a registered agent, to

the address of the registered agent. No mailing is required to a

party who has failed to appear in the action if that party was

served by publication.

C. In any probate, guardianship, or conservatorship proceeding

commenced on or after October 1, 1996, where a party, heir, devisee,

legatee, or other interested party or representative of a party has

received notice of a hearing which resulted in the issuance of a

judgment, decree, or appealable order and did not file an entry of

appearance, no further service of any judgment, decree, or

appealable order shall be required to be sent to such party, heir,

devisee, legatee, or other interested party or representative of a

party, unless otherwise specifically required by law. No

certificate of service shall be required to be filed where no party,

heir, devisee, legatee, or other interested party, or representative

of a party has filed an entry of appearance.

D. The filing with the court clerk of a written judgment,

decree or appealable order, prepared in conformance with Section

696.3 of this title and signed by the court, shall be a

jurisdictional prerequisite to the commencement of an appeal. The

following shall not constitute a judgment, decree or appealable

Oklahoma Statutes - Title 12. Civil Procedure

order: A minute entry; verdict; informal statement of the

proceedings and relief awarded, including, but not limited to, a

letter to a party or parties indicating the ruling or instructions

for preparing the judgment, decree or appealable order.

E. A judgment, decree or appealable order, whether

interlocutory or final, shall not be enforceable in whole or in part

unless or until it is signed by the court and filed; except that the

adjudication of any issue shall be enforceable when pronounced by

the court in the following actions: divorce; separate maintenance;

annulment; post-decree matrimonial proceedings; paternity; custody;

adoption; termination of parental rights; mental health;

guardianship; juvenile matters; habeas corpus proceedings; or

proceedings for temporary restraining orders, temporary injunctions,

permanent injunctions, conservatorship, probate proceedings, special

executions in foreclosure actions, quiet title actions, partition

proceedings or contempt citations. The time for appeal shall not

begin to run until a written judgment, decree or appealable order,

prepared in conformance with Section 696.3 of this title, is filed

with the court clerk, regardless of whether the judgment, decree, or

appealable order is effective when pronounced or when it is filed.

F. The preparation of orders, decisions and the taking of

appeals from the Office of Administrative Hearings: Child Support

shall be governed by the provisions of Title 56 of the Oklahoma

Statutes.

G. The preparation of orders, decisions and awards and the

taking of appeals in workers' compensation cases shall be governed

by the provisions of Title 85 of the Oklahoma Statutes.

Added by Laws 1993, c. 351, § 9, eff. Oct. 1, 1993. Amended by Laws

1997, c. 102, § 2, eff. May 1, 1997; Laws 1997, c. 239, § 4, emerg.

eff. May 23, 1997; Laws 2007, c. 12, § 2, eff. Nov. 1, 2007; Laws

2007, c. 41, § 1, eff. Nov. 1, 2007.