Oklahoma Civil Litigation Questions & Answers

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?

1 Answer | Asked in Civil Litigation and Small Claims for Oklahoma on
Answered on Apr 17, 2019
Kyle Persaud's answer
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. Fill in the blanks, and give the subpoena to the sheriff or to a licensed process server to serve on the witness.

You can also ask the judge to call a witness or order the production of...

Q: Since I am a convicted felon I have no othetcivil rights but do process of law

1 Answer | Asked in Civil Litigation for Oklahoma on
Answered on Apr 5, 2019
Kyle Persaud's answer
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 here.

Q: I have Daca, can i travel to Hawaii and come back rob oklahoma with no problem

1 Answer | Asked in Civil Litigation for Oklahoma on
Answered on Mar 21, 2019
Kyle Persaud's answer
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?

1 Answer | Asked in Civil Litigation for Oklahoma on
Answered on Mar 11, 2019
Kyle Persaud's answer
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?

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Oklahoma on
Answered on Mar 11, 2019
Kyle Persaud's answer
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)

Under the rule in White v. State ex rel Harris, filing an affidavit is a prosecutorial function. So, you can't sue in this case.

Q: Looking up family history, we came across a law suit case involving me that I know nothing about. Can you tell me?

1 Answer | Asked in Civil Litigation for Oklahoma on
Answered on Mar 11, 2019
Kyle Persaud's answer
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 website of the District Court for the Northern District of West Virginia:

https://www.wvnd.uscourts.gov/

Q: Can paperwork be submitted directly to judge without being filed or made available to all parties

1 Answer | Asked in Civil Litigation for Oklahoma on
Answered on Jan 25, 2019
Richard Winblad's answer
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?

1 Answer | Asked in Civil Litigation for Oklahoma on
Answered on Jan 25, 2019
Richard Winblad's answer
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 relevant or important. You should discuss with your attorney about the ability to appeal if you were aggrieved by the decisions.

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.

1 Answer | Asked in Criminal Law and Civil Litigation for Oklahoma on
Answered on Jan 23, 2019
Keegan Kelley Harroz's answer
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 pursue this course of action.

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

1 Answer | Asked in Civil Litigation and Contracts for Oklahoma on
Answered on Nov 12, 2018
Doak Willis' answer
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

1 Answer | Asked in Civil Litigation for Oklahoma on
Answered on Oct 17, 2018
Richard Winblad's answer
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?

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Oklahoma on
Answered on Sep 20, 2018
Richard Winblad's answer
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 as as follows:

It is, therefore, the official Opinion of the Attorney General that:

An individual holding a Power of Attorney or Durable Power of Attorney may be authorized by his or...

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?

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for Oklahoma on
Answered on Sep 12, 2018
Keegan Kelley Harroz's answer
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

2 Answers | Asked in Criminal Law and Civil Litigation for Oklahoma on
Answered on Aug 15, 2018
Tracy Tiernan's answer
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). Granting additional time for a response to one side doesn't take away the right for each party to have their position heard by judge and ruled on. Again the question is a bit cryptic at this point.

Q: can a process server be denied entry into a facility

1 Answer | Asked in Civil Litigation for Oklahoma on
Answered on Aug 8, 2018
Doak Willis' answer
The answer to that question turns on what type of a facility that you are referring to that may be barring a process server from entering. There are certainly facilities that exist that process servers can be barred from entering. You will need to specify what type facility that your question revolves around.

Q: Is there a simple form to ask the court to order return of personal property held by someone?

1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Oklahoma on
Answered on Jun 28, 2018
Thomas A. Grossman's answer
There is no simple way to use the Courts. You would have to file a civil complaint against the person who has refused to return your personal property. The easiest thing for you to do is file a small claims action against the person. It costs only about $20 (in California) to file, and the paperwork is not very difficult. You should go onto the local superior court website near where you live and look for self-help under Small Claims Court.

Q: What recourse do I have when an auto mechanic is trying to obtain a Title 42 on my deceased son's car?

1 Answer | Asked in Consumer Law and Civil Litigation for Oklahoma on
Answered on Apr 12, 2018
David Humphreys' answer
You can file a suit either in small claims court, if the vehicle is worth less than or not more than 10,000. if its worth more you would have to sue in District Court. Im sorry for your loss and wish you the best in your search for justice.

Q: Need advice about a contract for a bike sale for 1000 in trade for working on a boat.

1 Answer | Asked in Civil Litigation and Contracts for Oklahoma on
Answered on Apr 11, 2018
Gary Johnston Dean's answer
There are too many unknown factors in your question to answer. It's not really very clear to me. Your should see a local lawyer for help on these problems. Sorry we could not be more helpful, but it's necessary for us to read your contract to answer.

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