1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3218 By: West (Kevin)
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6 AS INTRODUCED
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7 An Act relating to civil procedure; amending 12 O.S.
7 2021, Section 2004, as amended by Section 1, Chapter
8 59, O.S.L. 2022 (12 O.S. Supp. 2023, Section 2004),
8 which relates to service of process; providing
9 service of process by electronic means; providing
9 provisions for return when serving by electronic
10 means; and providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 12 O.S. 2021, Section 2004, as
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16 amended by Section 1, Chapter 59, O.S.L. 2022 (12 O.S. Supp. 2023,
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17 Section 2004), is amended to read as follows:
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18 Section 2004.
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19 Process.
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20 A. SUMMONS: ISSUANCE. Upon filing of the petition, the clerk
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21 shall forthwith issue a summons. Upon request of the plaintiff
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22 separate or additional summons shall issue against any defendants.
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23 B. SUMMONS: FORM.
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 1 1. The summons shall be signed by the clerk, be under the seal
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2 of the court, contain the name of the court and the names of the
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3 parties, be directed to the defendant, state the name and address of
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4 the plaintiff's attorney, if any, otherwise, the plaintiff's
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5 address, and the time within which these rules require the defendant
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6 to appear and defend, and shall notify the defendant that in case of
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7 failure to appear, judgment by default will be rendered against the
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8 defendant for the relief demanded in the petition.
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9 2. A judgment by default shall not be different in kind from or
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10 exceed in amount that prayed for in either the demand for judgment
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11 or in cases not sounding in contract in a notice which has been
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12 given the party against whom default judgment is sought. Except as
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13 to a party against whom a judgment is entered by default, every
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14 final judgment shall grant the relief to which the party in whose
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15 favor it is rendered is entitled, even if the party has not demanded
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16 such relief in his or her pleadings.
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17 C. BY WHOM SERVED: PERSON TO BE SERVED.
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18 1. SERVICE BY PERSONAL DELIVERY.
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19 a. At the election of the plaintiff, process, other than
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20 a subpoena, shall be served by a sheriff or deputy
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21 sheriff, a person licensed to make service of process
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22 in civil cases or a person specially appointed for
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23 that purpose. The court shall freely make special
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 1 appointments to serve all process, other than a
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2 subpoena, under this paragraph.
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3 b. A summons to be served by the sheriff or deputy
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4 sheriff shall be delivered to the sheriff by the court
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5 clerk or an attorney of record for the plaintiff.
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6 When a summons, subpoena or other process is to be
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7 served by the sheriff or deputy sheriff of another
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8 county, the court clerk shall mail it, together with
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9 the voucher of the court clerk for the fees collected
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10 for the service, to the sheriff of that county. The
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11 sheriff shall deposit the voucher in the Sheriff's
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12 Service Fee Account created pursuant to Section 514.1
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13 of Title 19 of the Oklahoma Statutes. The sheriff or
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14 deputy sheriff shall serve the process in the manner
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15 that other process issued out of the court of the
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16 sheriff's own county is served. A summons to be
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17 served by a person licensed to make service of process
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18 in civil cases or by a person specially appointed for
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19 that purpose shall be delivered by an attorney of
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20 record for the plaintiff to such person.
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21 c. Service shall be made as follows:
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22 (1) upon an individual other than an infant who is
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23 less than fifteen (15) years of age or an
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24 incompetent person, by delivering a copy of the
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 1 summons and of the petition personally or by
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2 leaving copies thereof at the person's dwelling
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3 house or usual place of abode with some person
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4 then residing therein who is fifteen (15) years
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5 of age or older, by delivering a copy of the
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6 summons and of the petition to an agent
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7 authorized by appointment or by law to receive
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8 service of process, or by delivering a copy of
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9 the summons and of the petition personally or by
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10 leaving copies thereof at an agreed meeting place
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11 with some person then residing at the person's
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12 dwelling house or usual place of abode,
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13 (2) upon an infant who is less than fifteen (15)
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14 years of age, by serving the summons and petition
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15 personally and upon either of the infant's
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16 parents or guardian, or if they cannot be found,
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17 then upon the person having the care or control
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18 of the infant or with whom the infant lives; and
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19 upon an incompetent person by serving the summons
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20 and petition personally and upon the incompetent
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21 person's guardian,
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22 (3) upon a domestic or foreign corporation or upon a
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23 partnership or other unincorporated association
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24 which is subject to suit under a common name, by
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 1 delivering a copy of the summons and of the
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2 petition to an officer, a managing or general
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3 agent or to any other agent authorized by
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4 appointment or by law to receive service of
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5 process and, if the agent is one authorized by
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6 statute to receive service and the statute so
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7 requires, by also mailing a copy to the
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8 defendant,
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9 (4) upon the United States or an officer or agency
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10 thereof in the manner specified by Federal Rule
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11 of Civil Procedure 4,
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12 (5) upon a state, county, school district, public
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13 trust or municipal corporation or other
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14 governmental organization thereof subject to
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15 suit, by delivering a copy of the summons and of
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16 the petition to the officer or individual
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17 designated by specific statute; however, if there
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18 is no statute, then upon the chief executive
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19 officer or a clerk, secretary or other official
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20 whose duty it is to maintain the official records
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21 of the organization,
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22 (6) upon an inmate incarcerated in an institution
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23 under the jurisdiction and control of the
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24 Department of Corrections, by delivering a copy
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 1 of the summons and of the petition to the warden
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2 or superintendent or the designee of the warden
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3 or superintendent of the institution where the
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4 inmate is housed. It shall be the duty of the
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5 receiving warden or superintendent or a designee
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6 to promptly deliver the summons and petition to
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7 the inmate named therein. The warden or
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8 superintendent or his or her designee shall
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9 reject service of process for any inmate who is
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10 not actually present in the institution, and
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11 (7) upon an inmate incarcerated in a county jail or
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12 detention center under the jurisdiction and
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13 control of the county sheriff or the jail trust
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14 of the county, by delivering a copy of the
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15 summons and of the petition to the jail or
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16 detention center administrator or the designee of
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17 such administrator of the jail or detention
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18 center where the inmate is housed. It shall be
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19 the duty of the receiving jail or detention
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20 center administrator or designee to promptly
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21 deliver the summons and petition to the inmate
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22 named therein. The jail or detention center
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23 administrator or designee shall reject service of
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 1 process for any inmate who is not actually
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2 present in the jail or detention center.
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3 2. SERVICE BY MAIL.
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4 a. At the election of the plaintiff, a summons and
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5 petition may be served by mail by the plaintiff's
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6 attorney, any person authorized to serve process
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7 pursuant to subparagraph a of paragraph 1 of this
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8 subsection or by the court clerk upon a defendant of
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9 any class referred to in division (1), (3) or (5) of
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10 subparagraph c of paragraph 1 of this subsection.
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11 Service by mail shall be effective on the date of
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12 receipt or if refused, on the date of refusal of the
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13 summons and petition by the defendant.
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14 b. Service by mail shall be accomplished by mailing a
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15 copy of the summons and petition by certified mail,
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16 return receipt requested and delivery restricted to
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17 the addressee. When there is more than one defendant,
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18 the summons and a copy of the petition or order shall
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19 be mailed in a separate envelope to each defendant.
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20 If the summons is to be served by mail by the court
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21 clerk, the court clerk shall enclose the summons and a
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22 copy of the petition or order of the court to be
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23 served in an envelope, prepared by the plaintiff,
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24 addressed to the defendant, or to the resident service
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 1 agent if one has been appointed. The court clerk
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2 shall prepay the postage and mail the envelope to the
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3 defendant, or service agent, by certified mail, return
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4 receipt requested and delivery restricted to the
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5 addressee. The return receipt shall be prepared by
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6 the plaintiff. Service by mail to a garnishee shall
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7 be accomplished by mailing a copy of the summons and
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8 notice by certified mail, return receipt requested,
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9 and at the election of the judgment creditor by
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10 restricted delivery, to the addressee.
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11 c. Service by mail shall not be the basis for the entry
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12 of a default or a judgment by default unless the
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13 record contains a return receipt showing acceptance by
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14 the defendant or a returned envelope showing refusal
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15 of the process by the defendant. Acceptance or
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16 refusal of service by mail by a person who is fifteen
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17 (15) years of age or older who resides at the
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18 defendant's dwelling house or usual place of abode
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19 shall constitute acceptance or refusal by the party
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20 addressed. In the case of an entity described in
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21 division (3) of subparagraph c of paragraph 1 of this
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22 subsection, acceptance or refusal by any officer or by
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23 any employee of the registered office or principal
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24 place of business who is authorized to or who
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 1 regularly receives certified mail shall constitute
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2 acceptance or refusal by the party addressed. A
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3 return receipt signed at such registered office or
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4 principal place of business shall be presumed to have
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5 been signed by an employee authorized to receive
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6 certified mail. In the case of a state municipal
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7 corporation, or other governmental organization
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8 thereof subject to suit, acceptance or refusal by an
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9 employee of the office of the officials specified in
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10 division (5) of subparagraph c of paragraph 1 of this
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11 subsection who is authorized to or who regularly
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12 receives certified mail shall constitute acceptance or
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13 refusal by the party addressed. If delivery of the
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14 process is refused, upon the receipt of notice of such
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15 refusal and at least ten (10) days before applying for
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16 entry of default, the person elected by plaintiff
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17 pursuant to subparagraph a of this paragraph to serve
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18 the process shall mail to the defendant by first-class
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19 mail a copy of the summons and petition and a notice
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20 prepared by the plaintiff that despite such refusal
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21 the case will proceed and that judgment by default
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22 will be rendered against him unless he appears to
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23 defend the suit. Any default or judgment by default
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24 shall be set aside upon motion of the defendant in the
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 1 manner prescribed in Section 1031.1 of this title, or
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2 upon petition of the defendant in the manner
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3 prescribed in Section 1033 of this title if the
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4 defendant demonstrates to the court that the return
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5 receipt was signed or delivery was refused by an
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6 unauthorized person. A petition shall be filed within
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7 one (1) year after the defendant has notice of the
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8 default or judgment by default but in no event more
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9 than two (2) years after the filing of the judgment.
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10 3. SERVICE BY ELECTRONIC MEANS.
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11 a. At the election of the plaintiff, a summons and
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12 petition may be served by electronic means by the
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13 plaintiff's attorney, any person authorized to serve
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14 process pursuant to subpa