Proceedings to vacate or modify a judgment, decree or order, for the causes mentioned in paragraphs 4, 5 and 7 of Section 1031 of this title must be commenced within two (2) years after the filing of the judgment, decree or order, unless the party entitled thereto be an infant, or a person of unsound mind and then within two (2) years after removal of such disability. Proceedings for the causes mentioned in paragraphs 3 and 6 of Section 1031 of this title, shall be within three (3) years, and in paragraph 9 of Section 1031 of this title, within one (1) year after the defendant has notice of the judgment, decree or order. A void judgment, decree or order may be vacated at any time, on motion of a party, or any person affected thereby. R.L. 1910, § 5274. Amended by Laws 1990, c. 251, § 17, eff. Jan. 1, 1991; Laws 1991, c. 251, § 20, eff. June 1, 1991; Laws 1993, c. 351, § 27, eff. Oct. 1, 1993.
Notes of Decisions
Cited in
90
cases (
5 in the last 5 years), 1954–2025 · leading case:
Hammer v. State, 2022 OK 80 (Okla. 2022).
Hammer v. State, 2022 OK 80 (Okla. 2022).
· cites it 11× “See 12 O.S. 2011, § 1038 . Scoufos v. Fuller , 1954 OK 363 280 P.”
Patel v. OMH Med. Ctr., Inc., 1999 OK 33 (Okla. 1999).
· cites it 2× “Personal jurisdiction must be obtained by the issuance and service of a summons "as in the commencement of an action.”
Stork v. Stork, 898 P.2d 732 (Okla. 1995).
· cites it 3× “" The version of § 1038 in effect, when the divorce decree was rendered (12 O.S.1971 § 1038) provided: " * * * Proceedings [to vacate or modify a judgment or order] for the causes mentioned in subdivisions three and six of the same section, shall be [commenced] within three (3)…”
FDIC v. Jernigan, 901 P.2d 793 (Okla. 1995).
· cites it 5× “12 O.S.Supp.1993 § 1038. At the time of the substitution order the critical time was "rendition” or "pronouncement", rather than the filed order.”
Norman v. Trison Dev. Corp., 832 P.2d 6 (Okla. 1992).
· cites it 3× “) The pertinent terms of 12 O.S.1991 § 1038 are: " * * * Proceedings [to vacate or modify a judgment or order] for the causes mentioned in paragraphs 3 and 6 of Section 1031 of this title, shall be [commenced] within three (3) years.”
Bette J. W. v. Kitty Louise S., 589 P.2d 217 (Okla. 1978).
· cites it 4× “12 O.S.1971, § 1038 is a general statute of limitation applicable to proceedings brought under sec.”
Heiman v. Atl. Richfield Co., 807 P.2d 257 (Okla. 1991).
· cites it 3× “See 12 O.S.1981 § 1038, whose pertinent terms are: " Proceedings to vacate or modify a judgment or order* * * for the causes mentioned in subdivisions three and six of [§ 1031] .”
Dickason v. Dickason, 607 P.2d 674 (Okla. 1980).
· cites it 2× “, secure its modification on being permitted to show by testimony extrinsic to the judgment roll, that the parties, when entering into their contract, did not intend the alimony obligation to become terminable upon the statutory contingencies? We hold the trial court was correct…”
Davis v. Addy, 132 P.3d 609 (Okla. Civ. App. 2005).
· cites it 3× “Thus, Burns’ motion to vacate was not timely brought and the trial court was without jurisdiction to hear the motion, address the allegations of fraud, including a determination of whether the motion was timely filed, or grant the relief requested unless the order was void and…”
Graff v. Kelly, 814 P.2d 489 (Okla. 1991).
· cites it 2× “Title 12 O.S.1981, § 1038, provides in pertinent part: “A void judgment may be vacated at any time, on motion of a party, or any person affected thereby.”
Chamberlin v. Chamberlin, 720 P.2d 721 (Okla. 1986).
“12 O.S.1981 § 1038. 15 . An order is "facially void" only when from the face of the judgment roll (the four corners of the common-law record proper) it may be ascertained that at least one of the three indispensable elements of jurisdiction — i.”
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