eLaws | eCases | Oklahoma Administrative Code | Oklahoma Courts | Counties & Cities of Oklahoma | United States Code |
 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 12. CIVIL PROCEDURE

  § 12-1759. Claim, counterclaim, or setoff maximum dollar value.  

Latest version.

  • A.  Except as provided by subsection C of this section, if a claim, a counterclaim, or a setoff is filed, prior to the expiration of the time prescribed by Section 1758 of this title, for an amount in excess of Seven Thousand Five Hundred Dollars ($7,500.00), the action shall be transferred to another docket of the district court unless both parties agree in writing and file the agreement with the papers in the action that the claim, counterclaim, or setoff shall be tried under the small claims procedure.  If such an agreement has not been filed, a judgment in excess of Seven Thousand Five Hundred Dollars ($7,500.00) may not be enforced for the part that exceeds Seven Thousand Five Hundred Dollars ($7,500.00).  If the action is transferred to another docket of the district court, the person whose claim exceeded Seven Thousand Five Hundred Dollars ($7,500.00) shall deposit with the clerk the court costs that are charged in other cases, less any sums that have been already paid to the clerk, or the claim shall be dismissed and the remaining claims, if any, shall proceed under the small claims procedure.

    B.  If the action is transferred to another docket of the district court, the plaintiff shall file a petition that conforms to the standards for pleadings prescribed by the Oklahoma Pleading Code, Section 2001 et seq. of this title, within twenty (20) days from the timely filing of the claim, counterclaim, or setoff.  The answer of the defendant shall be due within twenty (20) days after the filing of the petition and the reply of the plaintiff shall be due within ten (10) days after the answer is filed.

    C.  Except as provided by Section 1757 of this title, if a defendant does not file a counterclaim within the period prescribed by Section 1758 of this title, the action shall not be transferred to another docket of the district court.

Added by Laws 1968, c. 322, § 9, eff. Jan. 13, 1969.  Amended by Laws 1976, c. 253, § 2, eff. Oct. 1, 1976; Laws 1981, c. 240, § 2, eff. Oct. 1, 1981; Laws 1983, c. 273, § 1, operative July 1, 1983; Laws 1989, c. 81, § 2, eff. Nov. 1, 1989; Laws 1995, c. 136, § 3, eff. Nov. 1, 1995; Laws 1996, c. 339, § 3, eff. Nov. 1, 1996; Laws 2005, c. 122, § 1, eff. Nov. 1, 2005; Laws 2012, c. 282, § 2, eff. Nov. 1, 2012.