Oklahoma § 15-1014 - Construction of power relating to claims and litigation

§ 15-1014. Construction of power relating to claims and litigation

CONSTRUCTION OF POWER RELATING TO CLAIMS AND LITIGATION

In a statutory power of attorney, the language with respect to

claims and litigation empowers the agent to:

1. Assert and prosecute before a court or administrative agency

a claim, a cause of action, counterclaim, offset, and defend against

an individual, a legal entity, or government, including suits to

recover property or other thing of value, to recover damages

sustained by the principal, to eliminate or modify tax liability, or

to seek an injunction, specific performance, or other relief;

2. Bring an action to determine adverse claims, intervene in

litigation, and act as amicus curiae;

3. In connection with litigation, procure an attachment,

garnishment, libel, order of arrest, or other preliminary,

provisional, or intermediate relief and use an available procedure

to effect or satisfy a judgment, order, or decree;

Oklahoma Statutes - Title 15. Contracts

4. In connection with litigation, perform any lawful act,

including acceptance of tender, offer of judgment, admission of

facts, submission of a controversy on an agreed statement of facts,

consent to examination before trial, and binding the principal in

litigation;

5. Submit to arbitration, settle, and propose or accept a

compromise with respect to a claim or litigation;

6. Waive the issuance and service of process upon the

principal, accept service of process, appear for the principal,

designate persons upon whom process directed to the principal may be

served, execute and file or deliver stipulations on the principal's

behalf, verify pleadings, seek appellate review, procure and give

surety and indemnity bonds, contract and pay for the preparation and

printing of records and briefs, receive and execute and file or

deliver a consent, waiver, release, confession of judgment,

satisfaction of judgment, notice, agreement, or other instrument in

connection with the prosecution, settlement, or defense of a claim

or litigation;

7. Act for the principal with respect to bankruptcy or

insolvency proceedings, whether voluntary or involuntary, concerning

the principal or some other person, with respect to a reorganization

proceeding, or a receivership or application for the appointment of

a receiver or trustee which affects an interest of the principal in

property or other thing of value; and

8. Pay a judgment against the principal or a settlement made in

connection with litigation and receive and conserve money, or other

thing of value paid in settlement of or as proceeds of a claim or

litigation.

Added by Laws 1998, c. 420, § 14, eff. Nov. 1, 1998.