Q: Need controlling Oklahoma case law on Service of Process under 11 OS 42-103. Publication 30 days prior to Hearing
I filed Pro Se Application to Vacate Public way. 11 OS 42-102. Court must hold hearing "within 60 days". I complied with all requirements for Service of Process in Civil Actions (Oklahoma). Problem: city was unable to get thru their steps in order to file a (favorable) Answer by the Court date and this is a "friendly suit" with desired result being an Agreed Journal Entry of Judgment. Therefore I filed a Motion to Reschedule hearing, which was granted and new date set for 4 days before 60 day deadline. 11 OS 42-103 requires publication in local newspaper (one time) "at least 30 days prior to Hearing". I did that for the first Hearing date. With hearing rescheduled 4 days prior to 60 day deadline, I now have to republish new date in the newspaper but the new publication will be less than 30 days before the (rescheduled) hearing. Procedural Paradox?? What is controlling case law? How to proceed?
A: Hire an attorney to assist you to do everything in order to guidelines and procedures. In the alternative, since this is a 'friendly suit' you can always get with the opposing side to work out some of the details such as these and file an agreed order.
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