The bill amends Section 2004 of Title 12 of the Oklahoma Statutes to modernize the service of process by incorporating electronic methods. It allows for electronic service of a summons if ordered by a judge or after three failed personal delivery attempts. The electronic service is considered complete upon receipt, and a copy of the summons and petition must be mailed to the defendant's last-known address. The bill also outlines the process for electronic service, including email notifications with tracking and acknowledgment options. Importantly, it states that electronic service cannot lead to a default judgment unless there is evidence of the defendant's acceptance or refusal.
Additionally, the bill clarifies the procedures for service by publication and service on corporations through the Secretary of State. It specifies that service by publication is complete when conducted according to established procedures and that a default judgment cannot be entered until proof of service is filed and approved by the court. The bill also requires plaintiffs to attempt service at a corporation's last-known addresses before using the Secretary of State method. Furthermore, it introduces secured electronic means for service and allows for alternative methods if traditional service fails, while establishing a 180-day limit for service before dismissal of the action without prejudice unless good cause is shown. The bill is set to take effect on November 1, 2025.
Statutes affected: Introduced: 12-2004