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Oklahoma Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Oklahoma on
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.

Kyle Persaud
Kyle Persaud answered on Mar 11, 2019

In a small claims case, yes. In other cases no.

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Oklahoma on
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 »

Kyle Persaud
Kyle Persaud answered on Mar 11, 2019

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 »

1 Answer | Asked in Civil Litigation for Oklahoma on
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 »

Kyle Persaud
Kyle Persaud answered on Mar 11, 2019

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...
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1 Answer | Asked in Civil Litigation for Oklahoma on
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

Richard Winblad
Richard Winblad answered on Jan 25, 2019

No, that is called and ex parte communication.

1 Answer | Asked in Civil Litigation for Oklahoma on
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.

Richard Winblad
Richard Winblad answered on Jan 25, 2019

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... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Oklahoma on
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?

Doak Willis
Doak Willis answered on Nov 12, 2018

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.

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: If a repair shops changes your oil and forgets to put the oil in and damages your motor what law is violated
Richard Winblad
Richard Winblad answered on Oct 17, 2018

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.

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Oklahoma on
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.

Richard Winblad
Richard Winblad answered on Sep 20, 2018

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...
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1 Answer | Asked in Criminal Law and Civil Litigation for Oklahoma on
Q: If the is a motion to quash for insufficient evidence,... granting motion for extension of time response
Tracy Tiernan
Tracy Tiernan answered on Aug 15, 2018

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...
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1 Answer | Asked in Civil Litigation for Oklahoma on
Q: can a process server be denied entry into a facility
Doak Willis
Doak Willis answered on Aug 8, 2018

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... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Oklahoma on
Q: Is there a simple form to ask the court to order return of personal property held by someone?
Thomas A. Grossman
Thomas A. Grossman answered on Jun 28, 2018

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... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Civil Litigation and Small Claims for Oklahoma on
Q: Will Walmart come after me? They have sent the 3 letter & it was dismissed by the court due to my mom having dementia

My mom was w me & she wasn’t scanning items & they thought she purposely took them & I tried to tell the security guy that it was a mistake & my mom has dementia but he wasn’t letting it go. It was dismissed by the court. I keep getting letters from Walmart to pay $100 & if... Read more »

Frank A. Urbanic
Frank A. Urbanic answered on Apr 23, 2018

They could go after you in civil court.

1 Answer | Asked in Consumer Law and Civil Litigation for Oklahoma on
Q: What recourse do I have when an auto mechanic is trying to obtain a Title 42 on my deceased son's car?

My son which is now deceased was employed by the same auto repair shop that is trying to obtain the Title 42 on grounds of abandonment also requesting payment for unauthorized repairs done after my son was killed.

David Humphreys
David Humphreys answered on Apr 12, 2018

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.

1 Answer | Asked in Civil Litigation and Contracts for Oklahoma on
Q: Need advice about a contract for a bike sale for 1000 in trade for working on a boat.

We have done what we can to fix the boat and have the money to pay for the bike now the owner is refusing to take the money unless we put 500 more with it and refuses to do her part of agreement with getting parts and diagnosis. We never promised to get the boat running. Now she is trying to take... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on Apr 11, 2018

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.

1 Answer | Asked in Banking, Civil Litigation, Divorce and Tax Law for Oklahoma on
Q: My divorce lawyer told me the adultry law had been repealed in the state of Oklahoma so is this accurate?

My ex wife was witnessed stealing my mail to file a joint tax return in which the money was not deposited into an account under my name as well as hacking my checking account to transfer money from accounts she was not on so how do I have her prosecuted for these 3 felonies since these issues were... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on Mar 9, 2018

Sorry, but adultery is still a felony in Oklahoma, punishable by up to a $500 fine and/or 5 years. See 21 OK Statutes § 871. Most District Attorneys are not interested in prosecuting these cases however. They're already overloaded with more serious crimes.

You should see your...
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2 Answers | Asked in Child Custody and Civil Litigation for Oklahoma on
Q: Bad 3rd party supervisor and how to discharge her?

My ex-spouse and I agreed to 3rd party supervision for my visitations. During this paid professional's last supervision, she and my ex-spouse flirted and talked loudly the entire visit with my child. I pulled her aside and let her know that her behaviour impacted the mother/son bonding time. I... Read more »

Pete David Louden
Pete David Louden answered on Jan 7, 2018

Your attorney will know more about the case than anyone else so be sure to let your attorney know and they can help you determine the best way to deal with this.

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1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Mergers & Acquisitions for Oklahoma on
Q: Need to find out what the exact limitations are within the Oklahoma liquor laws. Can I open a drive thru daiquiri shack?

If an alcoholic beverage is pre made, sealed in a bottle,jug,etc. none of which has been consumed before the customer leaves the property, can it be sold in a drive thru. I need to know how I can do that within limits and loop holes of OK liquor laws.

I want to open a to-go daiquiri shack... Read more »

Richard Winblad
Richard Winblad answered on Dec 31, 2017

Never seen a daiquiri shack in Oklahoma. This would probably be considered a bottle shop since the beverage is to be consumed off-premises. Aside from local restrictions (city / county) look at.... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Oklahoma on
Q: i gave a family member $9000 down on a home she wanted 15000 now she says she is selling it to someone else to get out

can she do that i was to pay the rest when i got the rest of my ssi backpay she says she will give me some money when she sells it i put 3000 in work for plumbing electrical paint etc what can i do we had no paperwork i just have phone messages

Doak Willis
Doak Willis answered on Nov 13, 2017

Generally oral contracts for the sale or purchase of real property are not enforceable because of the statute of frauds which states those type contracts must be in writing. There are exceptions to this rule which are long and hard to explain in this type post. You need to seek an attorney now and... Read more »

2 Answers | Asked in Divorce, Family Law, Civil Litigation and Civil Rights for Oklahoma on
Q: Can school prevent a father w/ Joint custody from seeing his daughter just because the ex-wife won't add him as contact?

I have joint custody w/ my 12 year old daughter. Her mother is the Custodial w/ final decision making authority.Her mother enrolled her in Lake Hefner school without me being listed as a Contact and did so without providing the school her Birth certificate to prove she is her mother. I am my... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on Nov 11, 2017

You have a right to all of her school records as a start. The statute follows. You need to take this, together with a copy of your divorce papers to the school, and discuss the matter again.

http://www.oscn.net/applications/oscn/deliverdocument.asp?id=455289&hits=

Please...
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