§ 12-1757. Transfer of actions from small claims docket to another docket.

A.  On motion of the defendant, a small claims action may, in the discretion of the court, be transferred from the small claims docket to another docket of the court; provided, that the motion is filed and notice is given by the defendant to the opposing party or parties by mailing a copy of the motion at least forty-eight (48) hours prior to the time fixed in the order for defendant to appear or answer; and provided further, that the defendant deposit the sum of Fifty Dollars ($50.00) as the court cost.

B.  The motion shall be heard at the time fixed in the order and consideration shall be given to any hardship on the plaintiff, complexity of the case, reason for transfer, and other relevant matters.  If the motion is denied, the action shall remain on the small claims docket.  If the motion is granted, the defendant as movant shall present within ten (10) days and the court shall cause to be filed an order on a form prepared by the Administrative Office of the Courts transferring the action from the small claims docket to another docket.  If the transfer order is not filed by the movant within ten (10) days, it shall be reinstated upon the small claims docket upon motion of the small claims plaintiff, and no further transfer shall be authorized.  Before the transfer is effected, the movant shall deposit with the clerk the court costs that are charged in other civil cases under Sections 151 through 157 of Title 28 of the Oklahoma Statutes, less any sums that have already been paid to the clerk.  After this filing, the costs and other procedural matters shall be governed as in other civil actions, and not under small claims procedure.

C.  Within twenty (20) days of the date the transfer order is signed, the plaintiff shall file a petition that conforms to the standards of pleadings prescribed by the Oklahoma Pleading Code.  The answer of the defendant shall be due within twenty (20) days after the filing of the petition and the reply of the plaintiff in ten (10) days after the answer is filed.  If the plaintiff ultimately prevails in the action so transferred by the defendant, a reasonable attorney's fee shall be allowed to plaintiff's attorney to be taxed as costs in the case, in addition to any sanctions which the court may deem appropriate.

Added by Laws 1968, c. 322, § 7, eff. Jan. 13, 1969.  Amended by Laws 1970, c. 266, § 1, eff. July 1, 1970; Laws 1974, c. 128, § 2; Laws 1975, c. 341, § 1; Laws 1978, c. 212, § 1, eff. July 1, 1978; Laws 1985, c. 284, § 1, eff. Nov. 1, 1985; Laws 1993, c. 210, § 2; Laws 1994, c. 343, § 9, eff. Sept. 1, 1994.