Oklahoma Civil Litigation Questions & Answers
Q: If my employer gives me a drug test do I have a right to the reports, statements, and results regarding the drug test?
I passed the test, of course. It was during an investigation that HR was looking into. I had called about my supervisor, Curtis and his discrimination against me.
I have to ask for documentation of certain things. But I'm wondering if I have the right to all documents regarding that drug... Read more »
Old adage: There is no harm in asking
Q: I'm from Oklahoma. What constitutes common law in this state?
We don't own any property in common. But I do pay all the utility bills as my contribution for living in his house. I don't plan to marry him. And I was wondering, if I came into some money if he could claim part of it because we've lived together for 2 years.
No. Living together is not enough to create a common law marriage in Oklahoma. You have to treat each other, and hold out to the public, that you are married. Taking the same name, having children, sharing bank accounts, owning property, and telling the general public that you're married are all... Read more »
Q: I was charged with 3 counts of child abuse by county officers whereas the allegations have no evidence to prove
There is no history of any kind of child abuse and I have no criminal record before this . Please help
These are very serious charges. You need to hire an attorney. No getting around that.
Q: If an investor contributes more than an owner do they automatically own part of the business and right to make decisions
The investor was treated as an owner but was not officially because they were worried it would affect their food stamps/unemployment (they were employed also). The business does not have an operating agreement and the investor dissolved the business without my signature. They withdrew all the... Read more »
Unless otherwise agreed in writing, the larger amount of money invested in a business by an investor does not mean the investor "automatically owns part of the business." However, you are throwing legal terms around without fully explaining all the important details underlying this unusual... Read more »
Q: Can I sue a drug testing facility for a false positive drug test that I voluntarily took for Child Protective Services
What lawyer can you recommend in Oklahoma
I voluntarily took a drug test for CPS. The testing fac. said it was positive for meth, methadone, Xanax, Barbiturates. These results were used against me in court and my grandkids were taken away on 8/24/18. The lab results were negative for all... Read more »
You may have a cause of action but you would have to have evidence that it was, in fact, a negative result. Your testimony will not be enough. You will need other toxicity test results from that same day to support any case you may have.
Q: I have subpoenaed an individual who was employed by the state, but now is employed by a county in the state. The person
works in one city, but resides in the city where the case is to be held. The person states they will not show up because they are no longer employed by the state and must be compensated with lodging, mileage, and lost wages in order to show. I am acting Pro Se. Am I required to compensate this... Read more »
In order for a witness to be made to appear under subpoena, you must follow the law in paying a witness fee and mileage and other conditions set forth in the statutes. So you are required to compensate witnesses you subpoena. Depending on how critical their testimony is to your case will be the... Read more »
Q: If I am envolved in an Oklahoma Small Claims case can I ask the court to issue a subpoena for a witness to appear?
Yes.
Okla. Stat. tit. 12 s 2004.1 says, "The clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it, who shall fill it in before service."
Ask the court clerk to issue a subpoena.... Read more »
Q: Since I am a convicted felon I have no othetcivil rights but do process of law
Even if you are a convicted felon, you still do have many civil rights.
The civil rights you have depend on the terms of your sentence, and also what state law says about your specific rights.
The rights that you keep, and do not keep, after you are convicted, are too long to list... Read more »
Q: I have Daca, can i travel to Hawaii and come back rob oklahoma with no problem
DACA restricts your travel to and from the U.S. Because Hawaii is in the U.S., you should have no problems traveling to and from Hawaii (unless you go through another country on your way.)
Q: Is it legal for a non-lawyer to appear in court for a corporation?
More specifically for a representative of a corporation who owns residential rental property to bring eviction in a District Court against a tenant.
In a small claims case, yes. In other cases no.
Q: i want to sue a District Attorney Investigator. Who do I send notice of a tort claim to? City, County, or State?
DA investigator in bad faith filed an affidavit of probable cause filled with false allegations & withheld exculpatory evidence violating my 4th amendment rights. 5months in jail DA dismissed upon being informed of that material evidence withheld. so now I want to file a tort claim but who do I... Read more »
Unfortunately, under Oklahoma State Law, you can't sue a district attorney or his employees for performing prosecutorial functions. See White v. State ex rel Harris, 2005 OK CIV APP 79 (available online at http://www.oscn.net/applications/oscn/deliverdocument.asp?cite=2005+OK+CIV+APP+79)... Read more »
Q: Looking up family history, we came across a law suit case involving me that I know nothing about. Can you tell me?
in the case of Rover Pipeline v. Rover Tract no(s) WV-MA-ML-066.510-ROW, et al, case # 5:2018cv00069, filed 01 May 2018 in Wheeling, WV (re: Marshall County). Heirs of John H. Showalter: in this filing my name, along with two aunts (both deceased), and my brother Spencer David (deceased) and... Read more »
This case was file in the United States District Court for the Northern District of West Virginia.
You'll have to contact that court to find our more about the case.
The court is required to give you all the documents in the case (though they may charge a fee.)
Here is the... Read more »
Q: Can paperwork be submitted directly to judge without being filed or made available to all parties
Conclusions of law and finding of facts submitted directly to judge
No, that is called and ex parte communication.
Q: Civil case in OK. Can a judge use his own conclusions of law & finding of facts?
Judge made decision on case, but none of the conclusions of law or finding of facts submitted by attorneys were used.
It would be highly unusual for a judge to base his decision on facts that were not presented in some form to the court. An attorney's "conclusions of law" are generally the result that the facts call require. It is possible that the judge focused upon facts or laws that neither side considered... Read more »
Q: I am wanting to send a copy of a person's criminal record and mugshot to the person's employer, can I legally do this.
I live in Oklahoma and the employer is in North Carolina.
Employers run their own criminal background checks before hiring a person. Additionally, this is all public record and if the employer cared they can easily look up this information. Regardless of what your reasons are, you are just asking for trouble and opening yourself up being sued. Do not... Read more »
Q: Traded in a car I owned for a new one Nov 2nd we talked one thing paper work said another not satisfied can I back out
And give them the car back and take mine back is that possible?
Anything is possible if everyone agrees. However, since you state the contact was signed without your having read it to insure the accuracy of the contract, you will be bound to the terms if the seller insists on it being followed.
Q: If a repair shops changes your oil and forgets to put the oil in and damages your motor what law is violated
They violated the Law of Common sense:
Your remedy is to make a claim against the repair shop. If ignored you may want to pursue in small claims court, but you will need evidence of the amount of damage.
Q: Can someone speak/represent someone with the defendant present, for a small claims civil matter?
Bought a "as is" car and signed everywhere that vehicle is "as is", yet taking us to court because the $1,050 vehicle has issues.
This is a great question. Generally judges are disinclined to allow a non-attorney to participate in proceedings. However, there is the authority to allow an agent under a power of attorney to participate on behalf of his or her Principal.
Attorney General Opinion 03-026 reads concludes... Read more »
Q: I was arrested and not charged with a crime or 14 days and I wasn't taken before a judge until 15 days later. Can I sue?
I was not taken before a judge with in 72 hrs. It was 15 days later before I ever seen a judge.
Yes, you can sue but you are asking the wrong question. You need to ask "Will I recover anything if I sue." The best thing for you to do is to consult with a civil rights attorney. Take proof of your monetary damages and any other documentation that you may have with you to the consultation.
Q: If the is a motion to quash for insufficient evidence,... granting motion for extension of time response
You haven't given us enough information to answer the question, I'm afraid.
Anytime you file a motion to quash or to suppress evidence in a criminal case each side has time to respond and to present evidence (typically at a Preliminary Hearing or District Court Arraignment in felony cases).... Read more »
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