Oklahoma Statutes
Okla. Stat. tit. 12, § 1033 (2026)
Proceedings by petition, when - Summons
✓ current as of July 2026
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If more than thirty (30) days after a judgment, decree, or appealable order has been filed, proceedings to vacate or modify the judgment, decree, or appealable order, on the grounds mentioned in paragraphs 2, 4, 5, 6, 7, 8, and 9 of Section 1031 of this title, shall be by petition, verified by affidavit, setting forth the judgment, decree, or appealable order, the grounds to vacate or modify it, and the defense to the action, if the party applying was defendant. On this petition, a summons shall issue and be served as in the commencement of a civil action. R.L. 1910, § 5269. Amended by Laws 1999, c. 293, § 11, eff. Nov. 1, 1999
Notes of Decisions
Cited in 33
cases (7 in the last 5 years), 1957–2026 · leading case: Patel v. OMH Med. Ctr., Inc., 1999 OK 33 (Okla. 1999).
Patel v. OMH Med. Ctr., Inc., 1999 OK 33 (Okla. 1999). “12 O.S.1991 § 1033. Personal jurisdiction must be obtained by the issuance and service of a summons "as in the commencement of an action.”
Bailey v. Campbell, 862 P.2d 461 (Okla. 1992). “Relying on 12 O.S.1981 § 1033, 3 the Court of Appeals affirmed the denial of the motion to vacate the default judgment on July 14, 1988, on the basis that the petition was not verified by affidavit or supported by evidence.”
Broom v. Wilson Paving & Excavating, Inc., 2015 OK 19 (Okla. 2015). “§ 1031; 12 O.S. § 1033; 12 O.S. § 1038. TAYLOR, J.”
Sadberry v. Hope, 444 P.2d 175 (Okla. 1968). “§ 1031(4) a judgment which, on appeal, has been affirmed and has become final, may upon substantial compliance with the statutes be vacated or modified for fraud, practiced by the successful party, in obtaining the judgment.”
Davis v. Addy, 132 P.3d 609 (Okla. Civ. App. 2005). “” ¶20 Burns’ motion to vacate was brought under the authority of 12 O.S.2001, §§ 1031(4) and 1038 on the basis the orders were void and fraudulently obtained and were filed over two (2) years after the guardianship orders were entered and eleven (11) months after the summary…”
Heirshberg v. Slater, 833 P.2d 269 (Okla. 1992). “12 O.S.1991 § 1033; 12 O.S.1981 § 176 (default judgments, repealed in 1984); 58 O.”
Brown v. K-MAC Enter., 897 F. Supp. 2d 1098 (N.D. Okla. 2012). “2001 § 1032, or 12 O.S.2001 § 1033.”). There are different time limits and different filing requirements, depending on the statutory ground being invoked by the movant.”
Johnson v. Goodman, 1997 OK 77 (Okla. 1997). “¶ 4 The terms of 12 O.S.1991 § 1033 lend eloquent support to my view.”
Harmon v. Alexander, 2023 OK CIV APP 7 (Okla. Civ. App. 2022). “¶17 On appeal, Alexander argues that by asking the court to reinstate the protective order, Harmon was required to file a petition pursuant to 12 O.S. § 1033 12 O.S. Supp. 2020 § 1031.”
Gilbertson v. Gilbertson, 498 P.2d 1381 (Okla. 1972). “Appellant challenged the jurisdiction of the trial court and moved to dismiss the application on the basis that the proceeding had not been commenced by serving him with a summons as required by 12 O.S.1961, § 1033. The trial court took appellant’s motion to dismiss under…”
Williams v. Meeker North Dawson Nursing LLC, 2019 OK 80 (Okla. 2019). “If more than thirty (30) days have passed since the filing of a judgment, proceedings to vacate or modify a judgment must be done in conformance with Okla. Stat. tit. 12, § 1033 , 5 unless all parties approve the proceedings.”
Bjorkman v. Noble, 2025 OK 62 (Okla. 2025). “Johnson ("Johnson"), did not inform him about the motion for summary judgment, did not respond to it, and did not notify him that the district court entered judgment against him.”
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