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OK HB1230

OK HB1230
Civil procedure; service of process; electronic means; effective date.


summary

Introduced
02/03/2025
In Committee
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; providing service of process by electronic means; providing provisions for return when serving by electronic means; and providing an effective date.

AI Summary

This bill amends Oklahoma's civil procedure laws to establish a new method for serving legal process by electronic means. Under the new provisions, a judge may authorize electronic service of a summons and petition if personal delivery cannot be completed after three attempts, or by explicit court order. Electronic service must be accomplished through a secure application that sends an email notification to the defendant, including a hyperlink that tracks email receipt, opening, and document viewing. The electronic notification must provide the defendant with options to either accept or decline service by electronically signing an acknowledgment. The bill requires detailed tracking and documentation of the electronic service, similar to existing rules for mail service, and includes safeguards to ensure the defendant has a meaningful opportunity to receive and respond to the legal documents. The electronic service method is intended to provide an additional option for serving legal documents when traditional methods like personal delivery or mail are challenging, while maintaining procedural fairness and the defendant's right to be informed about legal proceedings. The new provisions will become effective on November 1, 2025.

Sponsors (1)

Last Action

Second Reading referred to Rules (on 02/04/2025)

bill text


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