Oklahoma Statutes

Okla. Stat. tit. 5, § 5 (2026)

Proof of authority - Stay of proceedings

✓ current as of July 2026
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The court, on motion of either party and on the showing of reasonable grounds therefor, may require the attorney for the adverse party or for any one of the several adverse parties to produce or prove by oath, or otherwise, the authority under which the attorney appears and, until the attorney does so, may stay proceedings by the attorney on behalf of the parties for whom the attorney assumes to appear.

R.L. 1910, § 246. Amended by Laws 1965, c. 483, § 1, emerg. eff. July 14, 1965; Laws 2006, c. 30, § 1, emerg. eff. April 11, 2006.

Notes of Decisions
Cited in 7 cases, 1962–2008 · leading case: State Ex Rel. Howard v. Oklahoma Corp. Comm'n, 614 P.2d 45 (Okla. 1980).
State Ex Rel. Howard v. Oklahoma Corp. Comm'n, 614 P.2d 45 (Okla. 1980). “The courts of justice of the State shall be open to every person and speedy and certain remedy afforded for every wrong and for every injury to person, property, or reputation; and right and justice shall be administered without sale, denial, delay, or prejudice. § 7. No person…”
Watson v. Gibson Capital, L.L.C., 2008 OK 56 (Okla. 2008). “5 O.S.Supp.2006 § 5; Burkhart v. Lasley, 1938 OK 63, ¶ 9 , 75 P.”
Chickasaw Tel. Co. v. Drabek, 921 P.2d 333 (Okla. 1996). · cites it 2× “See 5 O.S.1991 § 5, whose pertinent terms are: "The comí: may, .”
North Side State Bank v. Bd. of Cnty. Commissioners, 894 P.2d 1046 (Okla. 1994). “1981 § 5 provide in pertinent part: " * * * Any attorney performing any service for remuneration and which service has or would have a bearing upon the direction or outcome of the case and where the relation of attorney and client exists as to the particular matter being…”
Eastwood v. Nat'l Bank of Com., Altus, Okl., 673 F. Supp. 1068 (W.D. Okla. 1987). “(“Rental Tools”) have moved to stay this action insofar as it is brought on behalf of Eastwood Rentals until, pursuant to Okla.Stat. tit. 5, § 5, the attorney prosecuting this action produces the authority under which he appears on behalf of Eastwood Rentals.”
Merchants Mut. Bonding Co. v. State Ex Rel. Nesbitt, 438 P.2d 931 (Okla. 1967). “See In re Hess’ Estate, supra; 5 O.S.1961, § 5. For these reasons, defendants second proposition is not well taken.”
In Re Hess' Est., 379 P.2d 851 (Okla. 1962). “When counsel for contestants was called upon by the county court to produce proof of his right to act for the brother and sisters of decedent, he produced and filed in the cause a written contract of employment signed on April 24, 1958, by all three persons for whom he was…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.