Thursday, May 27, 2021

Deathbed Wills Are Admissible In Probate Court, Even Without A Notary

  Oklahoma law allows for a will to be presented in probate even if it was not drawn up by an attorney. It doesn't even require a notary. There is, however; a method of proving the veracity of the written & signed statement, in order to stand up in court.
  Dictionaries refer to this type of will as Olographic, or Holographic.

Olographic Will

The Louisiana term for what other states call a holographic will. This is a will that is entirely handwritten, signed, and dated by the person making it. It does not need to be notarized or witnessed.

§58-31.  Olographic will, how proved.

An olographic will may be proved in the same manner that other private writings are proved.
R.L.1910, § 6209.

Welfare Agencies Are A County Govt. Matter

In a previous post we discussed the role of county commissioners in establishing an orphanage & other functions.
The founders and leaders of our state govt. also direct the counties to deal with the other social welfare needs of their own county. 


Very little of these tasks are actually being provided by Oklahoma's 77 county governments. Tulsa County reports that they do run a County Pharmacy which provides some very low-cost medications which were provided to the county from participating medical facilities who donate remaining unused meds that current & former patients were prescribed. They only dispense what they have in stock, at the time.

§56-31.  Overseers of the indigent.

The county commissioners of the counties of this state shall be overseers of the indigent for their respective counties, and shall perform all the duties with reference to the indigent of their counties that may be prescribed by law and under such restrictions as the county commissioners shall consider most advantageous for the interests of their respective counties and the welfare of the people therein.
R.L. 1910, § 4525.  Amended by Laws 1994, c. 87, § 3, eff. Sept. 1, 1994.

§56-32.  Duties of overseers.

The overseers of the indigent in each county shall have the oversight and care of all the indigent persons in their county so long as such persons remain a county charge.  Such overseers shall see that the indigent are taken care of in the manner provided by law, and under such restrictions as the county commissioners shall consider most advantageous for the interests of their respective counties and the welfare of the people therein.
R.L. 1910, § 4526.  Amended by Laws 1994, c. 87, § 4, eff. Sept. 1, 1994.


§56-32.1.  Authority to establish county department.

In all counties of this state having a population in excess of two hundred thousand (200,000), as shown by the last Federal Decennial Census, the boards of county commissioners are hereby given authority in their respective counties to establish a department which shall be known as the "Human Services Center" or "Social Services Center," wherein may be housed the "Indigent Care Facility" and any other services for the care of the indigent which the board of county commissioners may deem to be in the best interests of their respective counties and the welfare of the people therein.
Added by Laws 1994, c. 87, § 5, eff. Sept. 1, 1994.

Only Some Oklahomans Are Allowed To Serve On Juries

  Oklahoma statutes direct the courts to use the list of those with a valid Oklahoma Drivers License, to use as a database of potential jurors. And anyone under 18 or over 70 is exempted. People who have an Oklahoma Identification card (obtained by the Dept of Public Safety) are also included on the database.

  In addition to that group, individuals who have neither the ID card or the drivers license, can go to the court clerk and volunteer their name to be added to the database. 

  You can only be compelled to serve once in any 5-year span. There are statutory exemptions as well as those granted special exemptions by a district court judge.


  Here's a list of the statutory exemptions
 C.  Persons who are not qualified to serve as jurors are:
1.  Justices of the Supreme Court or the Court of Civil Appeals;
2.  Judges of the Court of Criminal Appeals or the district court;
3.  Sheriffs or deputy sheriffs;
4.  Licensed attorneys engaged in the practice of law;
5.  Persons who have been convicted of any felony or who have served a term of imprisonment in any penitentiary, state or federal, for the commission of a felony; provided, any such citizen convicted, who has been fully restored to his or her civil rights, shall be eligible to serve as a juror; and
6.  Legislators during a session of the Legislature or when involved in state business.
D.  Jailers or law enforcement officers, municipal, state or federal, shall be eligible to serve on noncriminal actions only.
E.  Upon his or her request, a person shall be exempt from service as a juror if the person is:
1.  A member of the Armed Forces of the United States who is serving on active duty during a time of war or declared hostilities; or
2.  A mother who is breast-feeding a baby.

§38-18.  Licensed drivers list - Time period - Volunteers - Name and address changes.

For the purpose of ascertaining names of all persons qualified for jury service:
1.  The Commissioner of Public Safety shall cause to be provided to the Administrative Director of the Courts, not later than the first day of October of each year, a list by county of residence of persons who reside in the county, who are eighteen (18) years of age or older, and who are holders of a current driver license or a current identification license issued by the Department of Public Safety.  The list shall contain the name, date of birth, and mailing address of each person listed.  The list may be maintained in electronic format and shall be used exclusively for jury selection purposes.  The Administrative Director of the Courts and the court clerk shall not copy or permit any person to copy the list or any portion thereof for purposes other than jury selection;
2.  All names and addresses of the persons so listed under the provisions of paragraph 1 of this section shall be used thereafter in the selection of juries; provided, however, no jury panel shall be quashed because of a duplication of names;
3.  The list will be furnished by the Administrative Director of the Courts to the district courts according to the period of time and in the format prescribed by the Administrative Director of the Courts, and the district courts may maintain and use the list in electronic format as a necessary part of an approved electronic jury management system implemented pursuant to Section 13 of this act;
4.  The provisions of this section shall not be construed to preclude persons otherwise qualified to serve as jurors from volunteering for jury service in a manner prescribed by the Administrative Director of the Courts; and
5.  The Administrative Director of the Courts, the trial court administrator or the court clerk may accept changes or corrections in a mailing address or county of residence of a qualified juror from such qualified juror or from an electronic address verification process implemented pursuant to Section 13 of this act.  Changes may be accepted in any manner prescribed by the Administrative Director of the Courts.
Added by Laws 1949, p. 279, § 1, emerg. eff. June 2, 1949.  Amended by Laws 1973, c. 204, § 1, emerg. eff. May 17, 1973; Laws 1974, c. 136, § 1, emerg. eff. May 3, 1974; Laws 1985, c. 273, § 1; Laws 1987, c. 134, § 1, eff. Oct. 1, 1987; Laws 1989, c. 348, § 20, eff. Oct. 1, 1989; Laws 1996, c. 58, § 1, eff. Nov. 1, 1996; Laws 1997, c. 400, § 12, eff. July 1, 1997; Laws 2002, c. 390, § 14, emerg. eff. June 4, 2002; Laws 2003, c. 234, § 1, eff. Nov. 1, 2003; Laws 2015, c. 242, § 5, emerg. eff. May 4, 2015.


§38-18.1.  Alternative plan for selection of jurors with aid of mechanical or electronic means.

A.  In lieu of any other procedure now provided by law, the judge in charge of court administration in the county may, by order, adopt a plan for the selection of qualified jurors for jury service with the aid of mechanical or electronic means and implement such plan upon its approval by the Supreme Court.
B.  Any such plan so adopted shall conform to the following requirements:
1.  A complete plan shall be proposed in writing and submitted for approval by the Supreme Court.
2.  It shall provide a fair, impartial and objective method of selecting persons for jury service with the aid of mechanical or electronic equipment.
3.  It shall designate the court clerk as the official to be in charge of the selection process and shall define the duties of the court clerk.
4.  It shall specify that a true and complete written list showing the names and addresses of the persons summoned to begin jury service on a particular date shall be filed of record with the court clerk at least ten (10) days prior to the date such persons are to begin jury service.
C.  In any county where such a plan is adopted, as provided in this section, the laws relating to the selection of petit jurors by use of a jury wheel shall not apply.  In such counties, a municipal court, at the option of the municipal judge, may select jurors in the same manner as provided for by the plan.  The municipal court clerk shall be designated to fulfill the duties provided in the plan for the district court clerk.
Added by Laws 1973, c. 204, § 2, emerg. eff. May 17, 1973.  Amended by Laws 2003, c. 225, § 2, eff. Nov. 1, 2003.

§38-18.2.  Electronic jury management systems.

A.  In lieu of a local plan adopted pursuant to subsection A of Section 18.1 of Title 38 of the Oklahoma Statutes, each district court may utilize an approved electronic jury management system (JMS) authorized by the Administrative Director of the Courts for the random selection of grand and petit jurors and for the general administration of the jury process.  In any district court where an approved electronic JMS is implemented, the provisions set forth in this section shall apply.
B.  The clerk of the district court shall manage the jury selection process, under the supervision and control of the presiding judge or chief judge or any other district judge acting as his or her designee.  In district courts with a trial court administrator, the court administrator may be authorized to manage some or all of the jury selection process, under the supervision and control of the presiding judge or chief judge or any other district judge acting as his or her designee.  In managing the jury selection process, the court clerk and the trial court administrator are authorized to delegate duties to their staff and to utilize the electronic processes, random selection functionality and data processing services of the authorized JMS, as may be necessary in the jury selection and maintenance process.
C.  In each district court, the presiding judge or chief judge or any other district judge acting as his or her designee shall, more than twenty (20) days prior to each term of court, determine approximately the number of jurors that are reasonably necessary to meet the needs of the district court for each jury term and shall order the drawing of that number of jurors, either all at one time or at periodic intervals, in advance of each term as he or she deems proper.
D.  The court clerk or the trial court administrator may utilize the JMS to randomly draw a sufficient number of names from the source list provided by the Administrative Director of the Courts, pursuant to Section 18 of Title 38 of the Oklahoma Statutes, to satisfy the number of jurors ordered by the judge, including a margin of extra names sufficient to compensate for the estimated number that will be unavailable or ineligible.  The names drawn shall comprise the general panel of jurors from which jurors are selected for service in the district court during the period for which they are designated to serve.  The court clerk or the trial court administrator may use the JMS to draw jury panels in accordance with the local district court procedures, including jury panels for an "on call" jury system or a "trailing" jury system.  The Administrative Director of the Courts, the trial court administrator and the court clerk shall not disclose, copy or permit any person to copy any general panel jury list or any portion thereof except as provided in Section 36 of Title 38 of the Oklahoma Statutes.
E.  The court clerk or the trial court administrator may utilize the JMS to prepare the summons for jury service and shall cause the same to be mailed by first-class mail to every person whose name is drawn for the general jury panel.  At the option of the court clerk or trial court administrator, juror summons may be mailed by the clerk's office or by a commercial mailing service.  The court may utilize an automated address verification process to avoid mailing summons to incomplete or invalid addresses or to persons who no longer reside in the jurisdiction.
F.  The court clerk or the trial court administrator may utilize the JMS to randomly select names of prospective jurors for assignment to a specific trial or grand jury, collectively referred to as "case panel".  The court clerk or the trial court administrator shall produce a written list of each case panel, with the names of the jurors selected for the case panel appearing in a random sequential order assigned by the JMS.  The court and the attorneys of record in the case may be provided with a copy of the written case panel list.  No person shall disclose, copy or permit any other person to copy the list or any portion of the list for purposes other than jury selection.  The judge, court clerk or court staff may call the individual jurors and alternate jurors to be impaneled in the case or on a grand jury, one by one, in the order by which they appear on the written case panel list.  Whenever a juror is dismissed for cause or preemptory challenge, the juror whose name next appears on the written list may be called, and this process shall continue until the jury is sworn or affirmed.
G.  Use of an approved electronic JMS shall not be grounds for a challenge to a juror or a panel based on a material departure or irregularity from the requirements prescribed by law.  Whenever the court utilizes the approved JMS to randomly select and sequentially order juror names during any step in the jury selection process, the laws relating to the selection of grand or petit jurors by use of a jury wheel, and laws requiring paper ballots drawn from a jury wheel or a shaken box, including those requirements set forth in Sections 301 through 363 and Sections 591 through 693 of Title 22 of the Oklahoma Statutes, shall not apply.
H.  The court clerk or the trial court administrator may utilize the JMS for the creation and maintenance of all records and documents necessary to summon, qualify, manage and pay jurors for service and may maintain jury records in electronic format utilizing the data processing methods which are provided in the JMS.
I.  Each district court may provide electronic resources, including but not limited to an automated telephone system and a website, for jurors to obtain information about their jury service and submit information to the court.
J.  The court may utilize the JMS to prepare and mail juror questionnaires and may provide for jurors to answer juror questionnaires either by mail or by the court's website.
K.  Nothing in this section shall be construed to minimize or repeal the authority granted in Section 18.1 of Title 38 of the Oklahoma Statutes regarding use of an approved electronic method for jury selection.
Added by Laws 2015, c. 242, § 13, emerg. eff. May 4, 2015.

§38-19.  Generation of names for general panel.

A.  The Administrative Director of the Courts shall cause to be generated, from the list of names of all persons who are known to be qualified jurors under the law, the general panel of jurors as required under Section 20 of this title or the list of prospective multicounty grand jurors as required under Section 359 of Title 22 of the Oklahoma Statutes.
B.  In any district court where an electronic jury management system is implemented pursuant to Section 13 of this act, the general jury panel for petit and county grand juries may be generated by the court clerk or trial court administrator utilizing the random selection processes provided in the jury management system.
Added by Laws 1949, p. 279, § 2, emerg. eff. June 2, 1949.  Amended by Laws 2002, c. 390, § 15, emerg. eff. June 4, 2002; Laws 2015, c. 242, § 6, emerg. eff. May 4, 2015.

§38-20.  Drawing general panel - Authority of judges - Report for duty.

A.  In each county, the judges of the courts of record shall, more than ten (10) days prior to each term of court, determine approximately the number of jurors that are reasonably necessary for jury service in all the courts of record of the county for each jury period during the time the courts may hold during the term and shall thereupon order the number of jurors from the Administrative Director of the Courts for each jury period, said jury to be known as the general panel of jurors for service in all the courts of such county for the respective weeks for which they are designated to serve.  A majority of the judges are authorized to act in carrying out the provisions of this law; provided, however, there is only one judge in the county or where the district judge so designates in writing the judge of the court of record using the jury is authorized to act in carrying out the provisions of this law or he or she may increase or diminish the number of jurors to be selected for any jury period, and shall order said jurors drawn for as many weeks in advance of service as they or he or she deem proper.  The general panel shall report for duty to the presiding judge or chief judge or other district court judge acting as his or her designee or, if none, to the judge of the court of record using the jury, and said judge, for such time as he or she so acts, shall organize said juries and have immediate supervision and control of them.
B.  In any district court where an electronic jury management system is implemented pursuant to Section 13 of this act, the general panel of jurors may be generated by the court clerk or trial court administrator using the random juror selection process and functionality which is provided in that system.
Added by Laws 1949, p. 280, § 3, emerg. eff. June 2, 1949.  Amended by Laws 2002, c. 390, § 16, emerg. eff. June 4, 2002; Laws 2015, c. 242, § 7, emerg. eff. May 4, 2015.


§38-20.1.  Jury panel - Oath or affirmation.

A.  Each member of the general jury panel, when reporting for duty as provided for in Section 20 of this title, shall take and subscribe to an oath or affirmation which shall be in substantially the following form:
OATH
I, the undersigned, do solemnly swear or affirm that I am a citizen of the United States and a resident of the State of Oklahoma, County of __________.  I further swear or affirm that I am eighteen years of age or older.
I further swear or affirm that I have not been convicted of a felony for which a period of time equal to the original judgment and sentence has not expired, or for which I have not been pardoned.  I further swear or affirm that I am not now adjudicated as being mentally incompetent and that I do not otherwise have a mental condition which makes me incapable of performing jury service.
I state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct.
________________________________________________  ________________
(Signature or mark of general jury panel member)  (Date and place)
B.  The oath or affirmation provided for in subsection A of this section shall be maintained in the office of the court clerk as a judicial record.  The oath or affirmation required by this section may be taken and signed using an electronic method provided by the court for such purposes, either through the website of the court or otherwise, and may be maintained by the court clerk in electronic format.
Added by Laws 1985, c. 273, § 2.  Amended by Laws 2013, c. 61, § 3, eff. Nov. 1, 2013.

§38-21.  Drawing of names - Additional drawings - Period of service.

If a grand jury is ordered, the number stated in the judge's order, not to exceed one hundred, shall be summoned as grand jurors, and the grand jury shall be impaneled from said persons.  The judge of the district court shall order the court clerk, one of his or her deputies or the court administrator to order the stated number of jurors from the Administrative Director of the Courts.  In any district court where an electronic jury management system is implemented pursuant to Section 13 of this act, the judge may order the stated number of jurors to be randomly selected and summoned by the court clerk or trial court administrator utilizing the jury management system, and the district court may use the jury management system to randomly select the names of the grand or petit jurors and alternate jurors from the panels so drawn.  In addition to the twelve (12) grand jurors to be impaneled, three additional persons shall be selected as alternate grand jurors.  The alternate grand jurors shall attend all functions of the grand jury during its term and shall be subject to all laws governing grand jurors.  Provided that, no alternate juror shall participate in any deliberations of the grand jury until appointed to fill a vacancy.  If the judge so directs, the persons summoned for the grand jury panel who are not used thereon may be transferred to the petit jury panel.  Additional and other drawing of as many names as the court may order may be had at any such time as the court or judge may order for the completion of a grand or petit jury panel, or for the impaneling of a new grand or petit jury if, in the judgment of the court, the same shall be necessary, or if, for any cause, the court, in its discretion, shall deem other jurors necessary.  The court may excuse or discharge any person drawn and summoned as a grand or petit juror whenever, in its discretion, such action shall be deemed expedient.  No person may be required to render service as a petit juror for more than one (1) day in any one calendar year unless he or she is selected to serve in a trial or is under consideration to serve in a trial and such consideration covers a period of two (2) or more days.  Once selected, a juror shall serve on the jury for the duration of the trial unless excused by the presiding judge.
Added by Laws 1949, p. 280, § 4, emerg. eff. June 2, 1949.  Amended by Laws 1961, p. 281, § 1; Laws 1963, c. 268, § 1; Laws 1969, c. 134, § 1, emerg. eff. April 9, 1969; Laws 1975, c. 310, § 1, eff. Oct. 1, 1975; Laws 1977, c. 213, § 2, emerg. eff. June 14, 1977; Laws 1982, c. 3, § 1; Laws 2002, c. 390, § 17, emerg. eff. June 4, 2002; Laws 2004, c. 525, § 5, eff. July 1, 2004; Laws 2015, c. 242, § 8, emerg. eff. May 4, 2015.

§38-22.  Deficiency of jurors.

In the event of a deficiency of jurors at any given time to meet the needs of the district court, the presiding judge or chief judge, or other district court judge acting as his or her designee, having control of the general panel shall direct the court clerk or trial court administrator to request from the administrative Director of the Courts such additional jurors as may be sufficient to meet the court's requirements.  In any district court where an electronic jury management system is implemented pursuant to Section 13 of this act, the additional jurors authorized by this section may be randomly selected and summoned by the court clerk or trial court administrator utilizing the electronic jury management system.
Added by Laws 1949, p. 281, § 5, emerg. eff. June 2, 1949.  Amended by Laws 2002, c. 390, § 18, emerg. eff. June 4, 2002; Laws 2004, c. 525, § 6, eff. July 1, 2004; Laws 2015, c. 242, § 9, emerg. eff. May 4, 2015.

§38-23.  Juries - Standard form of summons - Service.
A.  The Administrative Director of the Courts shall develop a standard form to be used as a summons for service on the grand and petit juries in the district courts of this state.  The standard form shall include the time, place and the name of the court where said jurors are required to attend.
B.  The summons shall be served by mailing a copy of such summons to the person selected for service not less than ten (10) days before the day said person is to appear as a juror in such court.  The person mailing the summons shall make a return of such service by filing an affidavit stating the date of mailing the summons; provided, that this shall not prevent service of special venire or talesman by the sheriff of the county.
C.  In any district court where an electronic jury management system is implemented pursuant to Section 13 of this act, grand and petit jurors may be summoned by using the automated process of creating and mailing juror summons provided in the electronic jury management system.  The Administrative Director of the Courts shall develop a standard juror summons form to be used in the system, which shall include a section for the district court to add information specific to the local court.  Where the court follows the procedures for creating and mailing the summons as set forth in Section 13 of this act, the return-of-service affidavit required by subsection B of this section need not be filed.
Added by Laws 1949, p. 281, § 6, emerg. eff. June 2, 1949.  Amended by Laws 1957, p. 410, § 1; Laws 1973, c. 174, § 1; Laws 1988, c. 33, § 1, eff. Nov. 1, 1988; Laws 2015, c. 242, § 10, emerg. eff. May 4, 2015.

§38-23.1.  On-call system - Trailing docket system.

A.  In those district courts in which an on-call system is implemented by order of the chief judge of the district court, each juror retained for services subject to call shall be required to contact a center for information as to the time and place of his or her next assignment.
B.  For purposes of this section, “on-call system” means a method whereby the chief judge of a district court summonses a jury panel to serve as potential jurors on a specific case.
C.  Pursuant to summons for service on petit juries in the district court, each qualified, nonexempt juror is retained for service subject to call and is assigned to a judge or a case.
D.  In those districts in which an on-call system is implemented by order of the chief judge of the trial court, no person shall be required to render service as a juror for more than one (1) day in a calendar year, unless he or she is selected to serve in a trial or is under consideration to serve in a trial and such consideration covers a period of two (2) or more days.  Once selected, a juror shall serve on the jury for the duration of the trial unless excused by the presiding judge.
E.  In those districts in which a trailing docket system is implemented by order of the chief judge of the trial court, no person shall be required to render service as a juror for more than five (5) days in a calendar year, unless he or she is selected to serve in a trial or is under consideration to serve in a trial and such consideration covers a period of five (5) or more days.  Once selected, a juror shall serve on the jury for the duration of the trial, unless excused by the presiding judge.
F.  For purposes of this section “trailing docket system” means a method whereby the chief judge of the district court summonses a jury panel to serve for a fixed number of days to determine the outcome of all cases on the docket in sequential order.
Added by Laws 1981, c. 184, § 2, eff. Oct. 1, 1981.  Amended by Laws 2004, c. 525, § 7, eff. July 1, 2004; Laws 2006, c. 103, § 1, eff. Nov. 1, 2006.

§38-28.  Qualifications and exemptions.

A.  It is the policy of this state that all citizens qualified for jury service pursuant to this section have an obligation to serve on petit juries when summoned by the courts of this state, unless excused.
B.  All citizens of the United States, residing in this state, having the qualifications of electors of this state, are competent jurors to serve on all grand and petit juries within their counties; provided, that persons over seventy (70) years of age and persons who have served as a grand or petit juror during the last five (5) immediately preceding calendar years shall not be compelled to serve as jurors in this state and the court may excuse or discharge any juror drawn and summoned as a grand or petit juror if:
1.  The prospective juror has a mental or physical condition that causes him or her to be incapable of performing jury service.  The juror, or the juror's personal representative, shall provide the court with documentation from a physician licensed to practice medicine verifying that a mental or physical condition renders the person unfit for jury service for a period of up to twenty-four (24) months; or
2.  Jury service would cause undue or extreme physical or financial hardship to the prospective juror or a person under his or her care or supervision.  A judge of the court for which the individual was called to jury service shall make undue or extreme physical or financial hardship determinations.  The authority to make these determinations is delegable only to court officials or personnel who are authorized by the laws of this state to function as members of the judiciary.  A person requesting to be excused based on a finding of undue or extreme physical or financial hardship shall take all actions necessary to have obtained a ruling on that request by no later than the date on which the individual is scheduled to appear for jury duty.  For purposes of this section, "undue or extreme physical or financial hardship" is limited to circumstances in which an individual would be required to abandon a person under his or her personal care or supervision due to the impossibility of obtaining an appropriate substitute caregiver during the period of participation in the jury pool or on the jury, incur costs that would have a substantial adverse impact on the payment of the individual's necessary daily living expenses or on those for whom he or she provides the principle means of support, or suffer physical hardship that would result in illness or disease.  Undue or extreme physical or financial hardship does not exist solely based on the fact that a prospective juror will be required to be absent from his or her place of employment.  A person requesting a judge to grant an excuse based on undue or extreme physical or financial hardship shall be required to provide the judge with documentation, such as, but not limited to, federal and state income tax returns, medical statements from licensed physicians, proof of dependency or guardianship, and similar documents, which the judge finds to clearly support the request to be excused.  Failure to provide satisfactory documentation shall result in a denial of the request to be excused.
After two (2) years, a person excused from jury service shall become eligible once again for qualification as a juror unless the person was excused from service permanently.  A person is excused from jury service permanently only when the deciding judge determines that the underlying grounds for being excused are of a permanent nature.
C.  Persons who are not qualified to serve as jurors are:
1.  Justices of the Supreme Court or the Court of Civil Appeals;
2.  Judges of the Court of Criminal Appeals or the district court;
3.  Sheriffs or deputy sheriffs;
4.  Licensed attorneys engaged in the practice of law;
5.  Persons who have been convicted of any felony or who have served a term of imprisonment in any penitentiary, state or federal, for the commission of a felony; provided, any such citizen convicted, who has been fully restored to his or her civil rights, shall be eligible to serve as a juror; and
6.  Legislators during a session of the Legislature or when involved in state business.
D.  Jailers or law enforcement officers, municipal, state or federal, shall be eligible to serve on noncriminal actions only.
E.  Upon his or her request, a person shall be exempt from service as a juror if the person is:
1.  A member of the Armed Forces of the United States who is serving on active duty during a time of war or declared hostilities; or
2.  A mother who is breast-feeding a baby.
F.  The district court may provide electronic resources for persons summoned for jury duty to obtain information about their jury service and to submit information to the court, including but not limited to communications via telephone, text message, electronic mail and website.  The court may utilize an approved electronic jury management system to record, process, respond to, and maintain juror communications.  The court clerk and the trial court administrator, under the supervision and control of the presiding judge or chief judge, or any district judge acting as his or her designee, may be authorized to make determinations regarding juror excusals, exemptions, disqualifications, postponements and deferrals.  However, determinations regarding extreme physical or financial hardship shall be made as provided in paragraph 2 of subsection B of this section.
G.  Information provided to the court pursuant to this section by persons summoned for jury service shall be used exclusively for purposes of determining jury disqualifications or excusals.  No person shall disclose, copy or permit any person to copy this information for purposes other than jury management.
Added by Laws 1949, p. 282, § 11, emerg. eff. June 2, 1949.  Amended by Laws 1951, p. 111, § 1, emerg. eff. May 16, 1951; Laws 1953, p. 140, § 1, emerg. eff. April 13, 1953; Laws 1957, p. 410, § 1, emerg. eff. May 13, 1957; Laws 1959, p. 173, § 1; Laws 1971, c. 253, § 1, eff. Oct. 1, 1971; Laws 1973, c. 204, § 3, emerg. eff. May 17, 1973; Laws 1975, c. 302, § 1, eff. Oct. 1, 1975; Laws 1981, c. 184, § 1; Laws 1994, c. 343, § 21, eff. Sept. 1, 1994; Laws 1996, c. 308, § 2, eff. Nov. 1, 1996; Laws 1997, c. 2, § 3, emerg. eff. Feb. 26, 1997; Laws 2004, c. 525, § 8, eff. July 1, 2004; Laws 2005, c. 1, § 42, emerg. eff. March 15, 2005; Laws 2008, c. 339, § 1, eff. Nov. 1, 2008; Laws 2009, c. 10, § 1, eff. Nov. 1, 2009; Laws 2013, c. 168, § 1, eff. Nov. 1, 2013; Laws 2014, c. 15, § 1, eff. Nov. 1, 2014; Laws 2015, c. 242, § 11, emerg. eff. May 4, 2015.
NOTE:  Laws 1996, c. 97, § 17 repealed by Laws 1997, c. 2, § 26, emerg. eff. Feb. 26, 1997.  Laws 2004, c. 332, § 2 repealed by Laws 2005, c. 1, § 43, emerg. eff. March 15, 2005.

Court Clerks Can Refuse To File Your Lawsuit

  It's called a 'Sham Provision'. The state code actually uses the term to refer to frivolous legal initiatives in our civil court system. the law allows a County Court Clerk to exercise personal and professional judgment to determine if a petition to the court is a waste of time, mockery of the court, or worse.
  But fear not, there are remedies to overcome the potential abuse of power. One is a 'writ of mandamus'. And the clerk must present that demand for review to the judge.
  Don't let the Latin words fool you. Lawyers use that stuff all the time to try to either impress or intimidate us.  Mandamus means 'we command'. We derive the word 'mandate' from that original root word.

§12-29.  Clerks to file and preserve papers - Refusal to file sham legal process.

A.  It is the duty of the clerk of each of the courts to file together and carefully preserve in his office, all papers delivered to him for that purpose, except as provided in subsection B of this section, in every action or special proceeding.

B.  The court clerk may refuse to file any document presented for filing if the clerk believes that the document constitutes sham legal process, as defined by Section 1533 of Title 21 of the Oklahoma Statutes.

C. 
 1.  Any person aggrieved by the refusal of a court clerk to file any document provided for in subsection A of this section may petition the district court for a writ of mandamus to compel the clerk to file the tendered document.
2.  At the time of refusal, the person aggrieved shall file a notice of refusal with the court clerk for the purpose of tolling any applicable statute of limitations in the event the person prevails in any action so commenced, if the person wishes for the statute of limitations to be tolled.  The refusal notice shall be submitted on a form provided by the court clerk, but must be filled out by the aggrieved party.  A copy of the instrument that the clerk refused to file must be attached to the notice of refusal.  The court clerk shall stamp the date of refusal on the notice of refusal.

Habitually Absent City Officials Are Automatically Removed From Office

  There are a lot of  ways a city official can get removed from office. Just missing half the meetings in a 4-month span is one such trigger.

§11-8-107.  Removal of officers.

  A municipal elected official may be removed from office for any cause specified by applicable state law for the removal of officers, and by the method or methods prescribed thereby.
Laws 1977, c. 256, § 8-107, eff. July 1, 1978.

§11-8-108.  Absence from governing body meetings.

  Whenever a member of the municipal governing body is absent from more than one-half of all meetings of the governing body, regular and special, held within any period of four (4) consecutive months, he shall thereupon cease to hold office.
Laws 1977, c. 256, § 8-108, eff. July 1, 1978.

Counties Must Have An Orphan Farm

 Shortly after World War One, the state legislature saw the need for each county to develop a comprehensive plan to respond to the crisis of orphaned & neglected children.
  This was in  a time when social welfare was seen as a county issue, rather than a state matter.

§10-131.  Powers of county commissioners - Commitment of children to other institutions, associations or corporations.

  The county commissioners of any county of this state having a population of not less than seventy-five thousand (75,000) persons, according to the last Decennial Federal Census, or any Decennial Federal Census hereafter taken, are hereby authorized and empowered, if they deem it necessary or expedient, to purchase a farm and to construct, establish, equip and maintain thereon, at the expense of the county, county supervised schools and homes for neglected and dependent boys and girls of such county, under the age of sixteen (16) years, who may be appointed to such schools by the district court of such county, and to make enlargements and additions thereto from time to time.  Such commissioners shall also have power to purchase farm equipment to be used in connection with such schools, to purchase materials, supplies and equipment for manual, vocational or other training or education, and to erect, enlarge, remodel, and repair such building, dormitories, residences, administration and school buildings, and barns and outbuildings as they may from time to time deem necessary or expedient.

  Provided, that such county commissioners may rent a suitable site and buildings for such purpose, and purchase the necessary equipment and supplies therefor.  Provided, further, that said county commissioners shall make no expenditures or contract for expenditures hereunder until a tax levy for such purposes shall have been made as hereinafter provided; and provided, further, that the district court of such county, may, in his discretion, commit dependent and neglected children to such other institutions as may be now or hereafter provided by law for such purposes, or to the care of some association or corporation willing to receive them, which said corporation or association embraces in its objects the purpose of caring for and obtaining homes for such neglected and dependent children.
Laws 1919, c. 297, p. 433, § 1; Laws 1925, c. 161, p. 257, § 1; Laws 1967, c. 367, § 1, emerg. eff. May 22, 1967.

Voters Can Change City Charters In The Same Manner They Change State Laws


  Our state code subjects the municipal governments to the same initiative petition process that is a cornerstone of our state's constitution. The initiative petition process is binding and effective to change the way city government operates, and even organizes.

§11-15-101.  Initiative and Referendum - Powers.

  The powers of initiative and referendum, reserved by the Oklahoma Constitution to the people, are reserved to the people of every municipal corporation with reference to all legislative authority which it may exercise and amendments to municipal charters.
Laws 1977, c. 256, § 15-101, eff. July 1, 1978.

§11-15-102.  Procedure for initiative and referendum in municipalities.

  The procedure in municipalities which do not provide by ordinance or charter for the manner of exercising the initiative and referendum powers shall be governed by the Oklahoma Constitution and general state law, except as otherwise provided in Sections 15-101 through 15-110 of this title.  The duties required of the Governor by state law shall be performed by the mayor; the duties of the Secretary of State shall be performed by the municipal clerk; and the duties of the Attorney General shall be performed by the attorney for the municipality.  The procedure for initiative and referendum as to municipal legislation shall be as nearly as practicable the same as those for measures relating to the people of the state at large.
Laws 1977, c. 256, § 15-102, eff. July 1, 1978.

§11-15-103.  Petition - Form - Signatures - Time for filing.

A.  The form of the petition for either initiative or referendum in a municipality shall be substantially as provided in Sections 1 and 2 of Title 34 of the Oklahoma Statutes.  A true copy of each measure proposed by initiative and referendum shall be filed with the clerk of the municipality before it is circulated and signed by the registered voters.
B.  Every petition for either the initiative or referendum shall be signed by a number of the registered voters residing in the municipality equal to at least twenty-five percent (25%) of the total number of votes cast at the preceding general election or biennial town meeting if the municipality is subject to the Oklahoma Town Meeting Act.  The signatures to each petition shall be verified in the manner provided by law.
C.  Signed copies of an initiative petition shall be submitted to the clerk within ninety (90) days after the initial filing of the measure with the clerk.  Signed copies of a petition invoking a referendum upon any ordinance or resolution shall be submitted to the clerk within sixty (60) days after the passage of the ordinance or resolution.  Amendments to municipal charters may be proposed by an initiative petition, and signed copies of such petition shall be submitted to the clerk not less than sixty (60) days before the election at which the amendments are to be voted upon.
Added by Laws 1977, c. 256, § 15-103, eff. July 1, 1978.  Amended by Laws 1988, c. 105, § 18, eff. Nov. 1, 1988.  Amended by Laws 2016, c. 41, § 1, eff. Nov. 1, 2016.

Eternal Rights Of All Relatives To Visit A Grave On your Property

  When a burial ground, whether previously known or unknown, is on or surrounded completely by private property, the descendants of the interred will have visitation rights in perpetuity. The grave is to remain undisturbed by the property owner.

§8-187.  Abandoned cemetery on privately owned land - Visitation rights.

Any relative of the deceased who wishes to visit an abandoned cemetery which is completely surrounded by privately owned land, for which no public ingress or egress is available, shall have the right to reasonable ingress or egress for the purpose of visiting such cemetery.
  This right of access to such cemeteries extends only to visitation during reasonable hours and only for purposes usually associated with cemetery visits.  For the purposes of this section, "abandoned cemetery" means any place where human skeletal remains are buried and which no body has been interred for at least twenty-five (25) years and where such site is readily identifiable as a cemetery by an inspection of the property.  Any relative of the deceased who wishes to visit an abandoned cemetery shall make a good faith effort to notify the owners and tenants, if any, of said property prior to visiting the cemetery.  This section shall not be interpreted to allow the creation of an easement or claim of easement nor a right of ownership or claim of right of ownership to an abandoned cemetery.
Added by Laws 1992, c. 214, § 1, eff. Sept. 1, 1992.

Cemeteries Can Stay Anywhere

  Whenever a cemetery is designated by an entity bearing title to the land, up to 80 acres can be claimed as burial grounds. Those grounds cannot be disturbed by any eminent domain actions. Roads planned for that thoroughfare will have to go around the tract of land designated as a burial ground.

§8-7.  Exemptions.

All the property of every such benevolent corporation, and the lots sold by it to individual proprietors, shall be exempt from taxation, assessment, lien, attachment, and from levy and sale upon execution; and all such real property shall be exempt from appropriation for streets, roads, or any other public uses or purposes.
R.L.1910, § 386.

Force Your Neighbor To Pay For Half Your Fence


  In many neighborhoods, property owners often assume they have no obligation to pay for a fence they didn't ask for. But the law says otherwise. In most situations, the only way to avoid paying for half the fencing costs is to declare your own abutting property as 'common' and allowing any and all public activities to take place on your property.

§4-142.  Fence repair.

  All partition fences shall be kept in good repair throughout the year, unless the owners on both sides otherwise agree in writing.
R.L. 1910, § 160.

§4-143.  Commons - Owners not required to fence - Lands enclosed or used otherwise than as commons - Duty to fence.

  Any person not wishing his land enclosed, and not occupying or using it otherwise than as commons, shall not be compelled to contribute to erect or maintain any fence between him and an adjacent owner; but when he encloses or uses his land otherwise than as a commons, he shall contribute to the partition fences as in this article provided.
R.L. 1910, § 161.

§4-146.  Joinder to partition fence - Payment for or rebuilding of half of fence.

  When land which has lain unenclosed is enclosed the owner thereof, before he join to any partition fence, already erected, shall pay for one-half (1/2) of each partition fence between his lands and the adjoining lands, the value to be ascertained by the fence viewers, and if he neglects for thirty (30) days after notice and demand to pay the same, the party to whose fence he joins may recover as before provided, or such person, enclosing such land, may, at his election, rebuild and make one-half (1/2) of the fence, and if he neglects so to do for two (2) months after making such election, he shall be liable as above provided.
R.L. 1910, § 164.

§4-147.  Recorded fence division - Effect on owners and successors.

  When a division of fence between the owners of improved land shall have been made, either by fence viewers or agreement in writing, and is recorded in the office of the county clerk of the county where the lands are, the owners and their heirs and assigns shall be bound thereby, and shall support them accordingly.
R.L. 1910, § 165.

How To Be Appointed To The Office Of 'Fence Viewer'

When property owners have a dispute regarding a common fence on a property line, Oklahoma law provides for the creation of a tribunal of 3 'Fence Viewers'.  This office has official powers and state sanctioning.
  Here is the statutory code regarding the authority and make up of the Fence Viewers.

§4-139.  Controversy over partition fence - Application to fence viewers - Notice - Authority of viewers.

When a controversy arises between the respective owners about the obligation to erect or maintain a partition fence, either party may apply to the fence viewers, who, after due notice to each party, may inquire into the matter and assign to each his share thereof, and direct the time in which each shall erect or repair his share in the manner provided above.
R.L. 1910, § 157.

§4-139.  Controversy over partition fence - Application to fence viewers - Notice - Authority of viewers.

When a controversy arises between the respective owners about the obligation to erect or maintain a partition fence, either party may apply to the fence viewers, who, after due notice to each party, may inquire into the matter and assign to each his share thereof, and direct the time in which each shall erect or repair his share in the manner provided above.
R.L. 1910, § 157.

§4-151.  Additional powers of fence viewers.

When any question arises between parties other than those stated, concerning their rights in fences or their duties in relation to building or maintaining or removing them, such question may be determined by the fence viewers.
R.L. 1910, § 169.

The 'Bastard Prohibition' Act


  If you were born after July 1, 1974, it is illegal for anyone to call you 'illegitimate' or 'bastard'. the state legislature says that free speech rights do not extend to the freedom to describe a person pertaining to their lineage using those to terms.

§10-6.5.  Use of certain words in reference to children born out of wedlock prohibited.

A.  On and after the date upon which this act becomes operative, the designations "illegitimate" or "bastard" shall not be used to designate a child born out of wedlock.

B.  No person, firm, corporation, agency, organization, the State of Oklahoma nor any of its agencies, boards, commission officers or political subdivisions, nor any hospital, nor any institution supported by public funds, nor any employee of any of the above, shall use the term "illegitimate" or "bastard" in referring to or designating any child born on or after the operative date of this act.
Laws 1974, c. 297, § 1, operative July 1, 1974.

Impotency & The 11 Other Legal Grounds For Divorce

  While your health insurance policy may not pay for that little purple pill, your marriage may depend on it.  It seems that a woman has legal grounds for divorcing her man if his medical condition results in a significant lack of 'stamina'.

§43-101.  Grounds for divorce.

The district court may grant a divorce for any of the following causes:
  1. First.  Abandonment for one (1) year.
  2. Second.  Adultery.
  3. Third.  Impotency.
  4. Fourth.  When the wife at the time of her marriage was pregnant by another than her husband.
  5. Fifth.  Extreme cruelty.
  6. Sixth.  Fraudulent contract.
  7. Seventh.  Incompatibility.  Provided, however, where the interest of a child under eighteen (18) years of age is involved, the adult parties shall attend an educational program concerning the impact of divorce on children as provided in subsection B of Section 107.2 of this title.
  8. Eighth.  Habitual drunkenness.
  9. Ninth.  Gross neglect of duty.
  10. Tenth.  Imprisonment of the other party in a state or federal penal institution under sentence thereto for the commission of a felony at the time the petition is filed.
  11. Eleventh.  The procurement of a final divorce decree without this state by a husband or wife which does not in this state release the other party from the obligations of the marriage.
  12. Twelfth.  Insanity for a period of five (5) years, the insane person having been an inmate of a state institution for the insane in the State of Oklahoma, or inmate of a state institution for the insane in some other state for such period, or of a private sanitarium, and affected with a type of insanity with a poor prognosis for recovery; provided, that no divorce shall be granted because of insanity until after a thorough examination of such insane person by three physicians, one of whom shall be a superintendent of the hospital or sanitarium for the insane in which the insane defendant is confined, and the other two to be appointed by the court before whom the action is pending, and any two of such physicians shall agree that such insane person, at the time the petition in the divorce action is filed, has a poor prognosis for recovery; provided, further, however, that no divorce shall be granted on this ground to any person whose husband or wife is an inmate of a state institution in any other than the State of Oklahoma, unless the person applying for such divorce shall have been a resident of the State of Oklahoma for at least five (5) years prior to the commencement of an action; and provided further, that a decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the defendant.  The court shall appoint a guardian ad litem to represent the insane defendant, which appointment shall be made at least ten (10) days before any decree is entered.
R.L. 1910, § 4962.  Amended by Laws 1947, p. 79, § 1, emerg. eff. Feb. 24, 1947; Laws 1953, p. 59, § 1; Laws 1955, p. 141, § 1, emerg. eff. March 3, 1955.  Renumbered from § 1271 of Title 12 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.  Amended by Laws 2014, c. 428, § 1, eff. Nov. 1, 2014.

Preachers Barred From Courthouse Soliciting

  Either judges don't want the competition, or they just don't want to make weddings that convenient. For whatever the reason, you'll have to go find an officiant off the courthouse grounds.

§43-16.  Soliciting in or near court house or grounds prohibited.

It shall be unlawful for any person to solicit directly or indirectly within any courthouse, premises or grounds or lots on which a courthouse may be located in any county within the State of Oklahoma for himself or for and on behalf of any minister of the Gospel or other person, the performance of a marriage ceremony.
Laws 1941, p. 169, § 1.

§43-17.  Punishment for violations.

Any person violating this act shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed Twenty-five Dollars ($25.00) for the first conviction, and for any second or subsequent conviction by a fine of not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).

Laws 1941, p. 170, § 2.

We All Can Initiate Eminent Domain Claims

   In Oklahoma any private person or corporate interest can seek to initiate an eminent domain action. While utilities and mass transit are more likely to seek these powers to remove others; our state statutes allow anyone to make a case for why it is an essential improvement in the public interest of the whole. This doesn't mean any petition will be granted, but it does mean everyone is supposed to be on a 'level playing field'.

§27-6.  Private person or corporation - Eminent domain by.

Any private person, firm or corporation shall have power to exercise the right of eminent domain in like manner as railroad companies for private ways of necessity or for agriculture, mining and sanitary purposes.

R.L. 1910, § 3189.

§27-9.  Application.

The provisions of this act shall be applicable to the acquisition of real property under the laws of this state for public use in any project or program in which federal, state or local funds are used.
Laws 1971, c. 355, § 1, eff. July 1, 1972.

§27-10.  Reimbursement of owner for expenses after acquisition.

Any person, agency or other entity acquiring real property for public use under the laws of this state shall, as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, reimburse the owner for expenses he necessarily incurred... 

Liquor Banned Within Half A Mile of Polling Places

 It's quite plausible that most Oklahoma polling places are opened within half a mile of some retail beer sales. A restaurant, night club, convenience store, grocer, or liquor store; are all granted licenses to freely sell on election days. But both the retail clerk and the patron are immediately committing criminal acts if a polling place is within half a mile (as the crow flies).

I guess it's yet another way in which opioids and cannabis are regarded more favorably than a can of beer, in the Sooner State?

Even driving home from the grocery store and coming within 2640 ft. of a polling place could trigger your arrest?


§26-16-112.  Intoxicating liquors.

Any person who takes intoxicating liquors of any kind or quantity to within one-half (1/2) mile of any polling place on an election day shall be deemed guilty of a misdemeanor.

Laws 1974, c. 153, § 16-112, operative Jan. 1, 1975.


Monday, May 10, 2021

Four Legal Ways To Be A Bigamist


  Bigamy remains illegal in Oklahoma. That's no surprise. But there are 4 situations where the bigamist will not be prosecuted.

  1. Any person whose husband or wife by a former marriage has been absent for five (5) successive years without being known to such person within that time to be living; nor,
  2. Any person whose husband or wife by a former marriage has absented himself or herself from his wife or her husband and has been continually remaining without the United States for a space of five (5) years together; nor,
  3. Any person by reason of any former marriage which has been pronounced void, annulled or dissolved by the judgment of a competent court; nor,
  4. Any person by reason of any former marriage with a husband or wife who has been sentenced to imprisonment for life.

§21-881. Bigamy defined.

Every person who having been married to another who remains living, marries any other person except in the cases specified in the next section is guilty of bigamy.
R.L.1910, § 2439.

§21-882.  Exceptions to the rule of bigamy.

The last preceding section does not extend:
1.  To any person whose husband or wife by a former marriage has been absent for five (5) successive years without being known to such person within that time to be living; nor,
2.  To any person whose husband or wife by a former marriage has absented himself or herself from his wife or her husband and has been continually remaining without the United States for a space of five (5) years together; nor,
3.  To any person by reason of any former marriage which has been pronounced void, annulled or dissolved by the judgment of a competent court; nor,
4.  To any person by reason of any former marriage with a husband or wife who has been sentenced to imprisonment for life.

Tuesday, May 4, 2021

Criminal Asset Forfeiture Generally Forbidden

  Even when crimes have been committed and guilt has been established, Asset Forfeiture is generally illegal, in Oklahoma.
   Our first legal code was established in 1910. And unless a specific crime has a stated statutory penalty of the loss of property used in that crime or gained through the illegal activity; there is to be a protection of property rights for the convicted individual. Treason is the one exception stated in this matter.

§21-68.  Conviction does not work forfeiture.

No conviction of any person for crime works any forfeiture of any property, except in the cases of any outlawry for treason, and other cases in which a forfeiture is expressly imposed by law.

Saturday, April 10, 2021

Four Legal Ways To Be A Bigamist


  Bigamy remains illegal in Oklahoma. That's no surprise. But there are 4 situations where the bigamist will not be prosecuted.

  1. Any person whose husband or wife by a former marriage has been absent for five (5) successive years without being known to such person within that time to be living; nor,
  2. Any person whose husband or wife by a former marriage has absented himself or herself from his wife or her husband and has been continually remaining without the United States for a space of five (5) years together; nor,
  3. Any person by reason of any former marriage which has been pronounced void, annulled or dissolved by the judgment of a competent court; nor,
  4. Any person by reason of any former marriage with a husband or wife who has been sentenced to imprisonment for life.

§21-881. Bigamy defined.

Every person who having been married to another who remains living, marries any other person except in the cases specified in the next section is guilty of bigamy.
R.L.1910, § 2439.

§21-882.  Exceptions to the rule of bigamy.

The last preceding section does not extend:
1.  To any person whose husband or wife by a former marriage has been absent for five (5) successive years without being known to such person within that time to be living; nor,
2.  To any person whose husband or wife by a former marriage has absented himself or herself from his wife or her husband and has been continually remaining without the United States for a space of five (5) years together; nor,
3.  To any person by reason of any former marriage which has been pronounced void, annulled or dissolved by the judgment of a competent court; nor,
4.  To any person by reason of any former marriage with a husband or wife who has been sentenced to imprisonment for life.

Sunday, April 4, 2021

Criminal Asset Forfeiture Generally Forbidden

  Even when crimes have been committed and guilt has been established, Asset Forfeiture is generally illegal, in Oklahoma.
   Our first legal code was established in 1910. And unless a specific crime has a stated statutory penalty of the loss of property used in that crime or gained through the illegal activity; there is to be a protection of property rights for the convicted individual. Treason is the one exception stated in this matter.

§21-68.  Conviction does not work forfeiture.

No conviction of any person for crime works any forfeiture of any property, except in the cases of any outlawry for treason, and other cases in which a forfeiture is expressly imposed by law.

Tuesday, March 9, 2021

Four Legal Ways To Be A Bigamist


  Bigamy remains illegal in Oklahoma. That's no surprise. But there are 4 situations where the bigamist will not be prosecuted.

  1. Any person whose husband or wife by a former marriage has been absent for five (5) successive years without being known to such person within that time to be living; nor,
  2. Any person whose husband or wife by a former marriage has absented himself or herself from his wife or her husband and has been continually remaining without the United States for a space of five (5) years together; nor,
  3. Any person by reason of any former marriage which has been pronounced void, annulled or dissolved by the judgment of a competent court; nor,
  4. Any person by reason of any former marriage with a husband or wife who has been sentenced to imprisonment for life.

§21-881. Bigamy defined.

Every person who having been married to another who remains living, marries any other person except in the cases specified in the next section is guilty of bigamy.
R.L.1910, § 2439.

§21-882.  Exceptions to the rule of bigamy.

The last preceding section does not extend:
1.  To any person whose husband or wife by a former marriage has been absent for five (5) successive years without being known to such person within that time to be living; nor,
2.  To any person whose husband or wife by a former marriage has absented himself or herself from his wife or her husband and has been continually remaining without the United States for a space of five (5) years together; nor,
3.  To any person by reason of any former marriage which has been pronounced void, annulled or dissolved by the judgment of a competent court; nor,
4.  To any person by reason of any former marriage with a husband or wife who has been sentenced to imprisonment for life.