Oklahoma General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion

State:
Multi-State
Control #:
US-01056BG
Format:
Word; 
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Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. Generally, where there is a procedural defect in a proceeding, a motion is an appropriate remedy. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

38-1821 et seq.: District Court Mediation Act. This statute authorizes courts to refer parties to mediation for any civil case, including any domestic relations case. The statute also sets basic guidelines for mediation proceedings, as well as mediator qualifications.

Unless waived by the parties, the pretrial conference shall be conducted by the judge who will try the case. Unless waived by the parties, the judge shall take an active part in the conference and shall conduct it in an informal manner in chambers whenever possible.

In June 2017, the Oklahoma Supreme Court adopted District Court Rule 33, which sets forth the procedure for attorneys to use when drafting pleadings or other documents for self-represented litigants to present to a district court, without the lawyer entering an appearance.

The affidavits that are filed by either party shall be made on personal knowledge, shall show that the affiant is competent to testify as to the matters stated therein, and shall set forth matters that would be admissible in evidence at trial.

Civil Procedure. §12-39. Court clerk ? Prohibition of posting documents containing certain charges on court-controlled website.

Rule 10: ?? default shall not be taken until a motion therefore has been filed in the case and five (5) days notice of the date of the hearing is mailed or delivered to the attorney of record for the party in default or to the party in default if he is unrepresented or his attorney's address is unknown. 10.

If it appears to the court that there is no substantial controversy as to the material facts and that one of the parties is entitled to judgment as a matter of law, the court shall render judgment for said party.

Any person who wrongfully refuses to surrender possession of the premises described in the writ of execution upon service of the writ by the plaintiff or the agent of the plaintiff shall, upon conviction, be deemed guilty of a trespass and may be punished by a fine in an amount not to exceed Five Hundred Dollars ($ ...

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Oklahoma General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion