Oklahoma State Process Service

$179 Routine - $229 Rush

Service of process rules in Oklahoma are governed by Title 12 of the Oklahoma Statutes, Civil Procedure, particularly under Sections 2004 and 2004.1. Below is an overview of the key provisions:

Who May Serve Process

1. Authorized Individuals:
   • A sheriff or deputy sheriff within the sheriff’s county.
   • Licensed private process servers certified by the court.
   • Any person over 18 years of age, who is not a party to the action or interest in the subject matter, if directed by the court.

Methods of Service

1. Personal Service:
   • Delivered directly to the defendant or individual to be served.
   • For individuals, service may occur at their home, usual place of abode, or work.
2. Service by Mail:
   • Certified mail, return receipt requested and delivery restricted to the addressee.
   • If refused, a court may allow alternative methods.
3. Service on Corporations/Entities:
   • Delivered to a registered agent, officer, or individual authorized to receive service.
   • If the entity does not have a registered agent, it can be served through the Secretary of State.
4. Service by Publication:
   • Permitted only when the defendant cannot be located despite diligent efforts.
   • Published in a newspaper authorized to publish legal notices in the county where the action is filed.
5. Service Outside Oklahoma:
   • May be effected in the same manner as service within Oklahoma.
   • For nonresidents, service must comply with the long-arm statute.

Proof of Service

• Process servers must provide an affidavit of service detailing:
  • The date, time, and place of service.
  • The method used.
  • Identification of the person served (if applicable).
• For mail service, proof includes the signed return receipt or proof of refusal.

Timing and Deadlines

• A summons must be served within 180 days from the date it is issued. Failure to serve within this timeframe may result in dismissal of the case, unless extended by the court.

Special Considerations

• Substitute Service: If personal service cannot be completed, service may be made to a resident of the home who is at least 15 years old.
• Service on Minors or Incapacitated Individuals: Requires serving a guardian, conservator, or the court-appointed representative.

Immunity from Service: Persons attending or traveling to court proceedings are generally immune from service during that time.