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Bill > HB2138
OK HB2138
OK HB2138Civil procedure; defense and objections default judgements; communication; hearing for damages; postjudgment; effective date.
summary
Introduced
02/03/2025
02/03/2025
In Committee
04/15/2025
04/15/2025
Crossed Over
03/12/2025
03/12/2025
Passed
Dead
Introduced Session
2025 Regular Session
Bill Summary
An Act relating to civil procedure; amending 12 O.S. 2021, Section 2012, which relates to defenses and objections; providing procedures for default judgment under certain circumstances; clarifying effect of certain contact or communication; clarifying effect on evidentiary hearing for damages; amending 12 O.S. 2021, Section 727.1, which relates to postjudgment interest; providing for certain postjudgment interest during pendency of an appeal; and providing an effective date.
AI Summary
This bill modifies two sections of Oklahoma civil procedure law related to default judgments and postjudgment interest. First, it amends the rules for default judgments by clarifying that no motion or hearing is required when a defendant fails to file a response within 20 days after being served with a summons and petition. The bill specifies that merely contacting the plaintiff or their attorney does not constitute a legal response, and only a written filing with the court clerk counts as a proper response. This change aims to streamline the default judgment process by removing procedural barriers. Second, the bill updates postjudgment interest regulations, adding a provision that interest shall apply to amounts collected on a judgment that is later overturned on appeal, ensuring that if a defendant is ultimately successful, they can receive restitution with interest. The bill also makes technical corrections to legal language, such as changing "counter-claim" to "counterclaim" in the existing statute. These modifications are designed to provide clarity and efficiency in civil court procedures, with the changes set to take effect on November 1, 2025.
Committee Categories
Justice
Sponsors (2)
Last Action
Placed on General Order (on 04/17/2025)
Official Document
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