Okla. Stat. tit. 12 § 23

Current through Laws 2024, c. 453.

Rule 23 - Orders of Attachment

The issuing authority for Orders of Attachment shall be determined as follows:

A judge of the court in which the principal action is brought shall issue the Order of Attachment when:

a. There has been filed in the office of the court clerk an application therefore, meeting the requirements of 12 O.S. § 1152(1) and (2);

b. The defendant has been served with notice provided for in 12 O.S. § 1152(3), together with a copy of the above application;

c. Either the plaintiff prevails at a hearing held on defendant's written objection to the application for the order, or the court determines at a hearing that the defendant could not be given notice of the application for the order and at the hearing the plaintiff also proves the probable merits of his cause and the truth of the assertions in the application for the order, all as provided for in conformity with 12 O.S. § 1152(3), (4) and (5); and

d. The bond, if any, required by 12 O.S. § 1153, has been filed.

The clerk of the court in which the principal action is brought shall issue the Order of Attachment only when:

1. Steps (a), (b) and (d) above have been completed, and

2. The defendant, having been given notice as required by 12 O.S. § 1152(3), files no written objection as provided for by the statute.

Okla. Stat. tit. 12, § 23