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Bill > SB138
OK SB138
OK SB138Civil procedure; authorizing service of process by electronic means; establishing procedures for service by electronic means. Effective date.
summary
Introduced
02/03/2025
02/03/2025
In Committee
02/04/2025
02/04/2025
Crossed Over
Passed
Dead
Introduced Session
2025 Regular Session
Bill Summary
An Act relating to civil procedure; amending 12 O.S. 2021, Section 2004, as amended by Section 1, Chapter 59, O.S.L. 2022 (12 O.S. Supp. 2024, Section 2004), which relates to service of process; authorizing service of process by electronic means; establishing procedures for service by electronic means; establishing requirements for return when serving by electronic means; making language gender neutral; and providing an effective date.
AI Summary
This bill amends Oklahoma's civil procedure statute to authorize and establish procedures for serving legal process by electronic means. Specifically, the bill allows plaintiffs to serve summons and petitions electronically after obtaining a court order or if personal delivery cannot be completed after three attempts. Electronic service must be accomplished through a secure application that tracks and provides evidence of electronic mail delivery, including whether the notification was received, opened, or viewed. The electronic notification must include a hyperlink to an application where the defendant can either accept or decline service by electronically signing an acknowledgement. The bill requires that electronic service be accompanied by a subsequent certified mail delivery, and sets strict requirements for when electronic service can be used and how it can be documented. The electronic service provisions apply to various types of defendants, including individuals, corporations, and governmental entities. The bill also makes the electronic service process gender-neutral by replacing gendered language with gender-neutral terms. The new electronic service method becomes effective on November 1, 2025, providing time for legal professionals and courts to prepare for implementation of this new service option.
Committee Categories
Justice
Sponsors (1)
Last Action
Second Reading referred to Judiciary (on 02/04/2025)
Official Document
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