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Oklahoma Rules of Civil Procedure

Does a process server have to be licensed in Oklahoma?

Yes (see below). Visit ServeNow.com’s Become a Process Server page for more information.

Oklahoma Process Serving Requirements

Process servers are required to be licensed. Once licensed, a bond must be executed in the State of Oklahoma in the amount of $5,000. All applicants are also subject to a fee of $35 and be licensed to serve process in the county in which the license is issued. The other option for applicants could be a fee of $150 statewide licensing. The license states that process servers are officers of the court only for the service of process. No testing or education required. [Oklahoma Statutes Annotated §12-158.1]

Oklahoma Rules of Civil Procedure

Please note that lobbyists are active in the state of Oklahoma and laws concerning civil procedure and process serving can change. Therefore the information listed below may have been amended. For updated process serving legislation, please visit the Oklahoma Courts web site.

§ 12-2004 Process

§ 12-2004.1 Subpoena

§12-158.1. Licensure of Private Process Server – Revocation – List of Servers.

§ 12-2004 Process

Summons: Issuance.

Upon filing of the petition, the clerk shall forthwith issue a summons. Upon request of the plaintiff separate or additional summons shall issue against any defendants.

Summons: Form.

By Whom Served: Perons To Be Served.

Service By Personal Delivery.

Summons and Petition.

The summons and petition shall be served together. The plaintiff shall furnish the person making service with such copies as are necessary. The failure to serve a copy of the petition with the summons is not a ground for dismissal for insufficiency of service of process, but on motion of the party served, the court may extend the time to answer or otherwise plead. If a summons and petition are served by personal delivery, the person serving the summons shall state on the copy that is left with the person served the date that service is made. This provision is not jurisdictional, but if the failure to comply with it prejudices the party served, the court, on motion of the party served, may extend the time to answer or otherwise plead.

Summons: Territorial Limits of Effective Service.

(b) Service in connection with a proceeding in a tribunal outside this state may be made within this state without an order of court.

(c) Service under this paragraph does not, of itself, require the recognition or enforcement of an order, judgment, or decree rendered outside this state.

Assertion of Jurisdiction.

A court of this state may exercise jurisdiction on any basis consistent with the Constitution of this state and the Constitution of the United States.

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Amendment

At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.


§ 12-2004.1 Subpoena

Subpoena; Form: Issuance.

Service.

Protections of Persons Subject to Subpoenas.

(b) Subject to paragraph 2 of subsection D of this section, a person commanded to produce and permit inspection and copying or any party may, within fourteen (14) days after service of the subpoena or before the time specified for compliance if such time is less than fourteen (14) days after service, serve written objection to inspection or copying of any or all of the designated materials or of the premises. If the objection is made by the witness, the witness shall serve the objection on all parties; if objection is made by a party, the party shall serve the objection on the witness and all other parties. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying commanded.

Duties in Responding to Subpoena.

Contempt.

Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued. Added by Laws 1985, c. 277, § 4, eff. Nov. 1, 1985. Amended by Laws 1993, c. 351, § 1, eff. Sept. 1, 1993; Laws 1994, c. 343, § 10, eff. Sept. 1, 1994; Laws 1996, c. 61, § 2, eff. Nov. 1, 1996; Laws 1998, c. 374, § 2, eff. Nov. 1, 1998; Laws 1999, c. 293, § 19, eff. Nov. 1, 1999.


§12-158.1. Licensure of Private Process Server – Revocation – List of Servers.

Added by Laws 1976, c. 74, § 1, emerg. eff. April 29, 1976. Amended by Laws 1978, c. 156, § 1, emerg. eff. Oct. 1, 1978; Laws 1979, c. 177, § 1, eff. Oct. 1, 1979; Laws 1984, c. 157, § 1, eff. Nov. 1, 1984; Laws 1985, c. 277, § 1, eff. Nov. 1, 1985; Laws 1987, c. 83, § 1, eff. Nov. 1, 1987; Laws 1998, c. 310, § 2, eff. Nov. 1, 1998.

Case Note: A private process server may serve process in any county in the State of Oklahoma but his authority is limited to serving process issued by the court of the county or counties that granted the process server his license. Op. Atty. Gen. No. 83-3 (April 6, 1983).

§12-158.2. Request of Server – Fees The process served by a licensee, authorized herein, shall be upon a request by the party or person desiring to obtain the services of said licensee. The fees to be paid for the services shall be agreed upon by them, and such fees shall not be collected by, nor handled through, the court clerk’s office. Added by Laws 1976, c. 74, § 2, emerg. eff. April 29, 1976.

You should contact an Oklahoma Process Server if you have specific questions about Process Serving in Oklahoma.