Oklahoma Service of Process Rules
Oklahoma
State Serve Rules
Affidavit
Notary
Required
Refusal service
Yes, must mail copy, state defines as "refusal" on the affidavit
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve individual + care/custody
Jail Care Custody Service
Yes, state requires service on the warden or person in charge
Jail Personal Service
Facility-specific policy
Service to a minor
>15, minor and parent/guardian
Proof Specialists
Mirrors Fed Rules
No
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
No, must serve agent/officer
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
15
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Mailing
Certified Mail
No
Mail always?
No
Mail if posted
Required
Mail if subserve
No
Mail SLA
5 days before trial
Posting Rules
Due Diligence Prior to Posting
Required
Posting
Permissible
Eviction Posting Rules
Additional Rules
Additional rules - TM
For both evictions and Subservice court orders
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
Yes
Mail always?
Yes
Mail SLA
5 days before trial
Proof Specialists
Server/Marshal Required?
Server
**By Whom Served.** At the election of the plaintiff, process, other than a subpoena, shall be served by a sheriff or deputy sheriff, a person licensed to make service of process in civil cases, or a person specially appointed for that purpose. The court shall freely make special appointments to serve all process, other than a subpoena, under this paragraph.
**Personal Service, Individual.** By delivering a copy of the summons and petition to him personally.
**Substituted.** By leaving copies at his dwelling house or usual place of abode with some person then residing therein who is 15 years of age or older or by delivering a copy or by law to receive service of process.
**Special Rules.** Special rules are prescribed for the following circumstances and the Server should consult with their Territory Manager for more details: Upon an infant … less than 15 years of age…
**Corporations.** By delivering a copy of the summons and petition to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service…
**Return of Service.** The person serving the process shall make proof of service to the court promptly and in any event within the time during which the person served must respond to the process, but the failure to make proof of service does not affect the validity of the service. If service is made by a person other than a sheriff, deputy sheriff or licensed process server, such person shall make affidavit thereof. The return shall set forth the name of the person served and the date, place, and method of service.
