Oklahoma Statutes Citationized
Title 12. Civil Procedure
Chapter 39 - Oklahoma Pleading Code
Section 2003.1 - Commencement Of Actions By Inmates
Superceded Superceded Superceded
Cite as: O.S. �, __ __
COMMENCEMENT OF ACTIONS BY INMATES
A. Petitions, motions, or other pleadings filed by an inmate as defined in paragraph 2 of subsection B of Section 566 of Title 57 of the Oklahoma Statutes appearing pro se shall be on forms approved by the district court and supplied without charge by the clerk of the district court upon request.
B. The following information shall be supplied by an inmate who is seeking relief in a civil action:
1. Plaintiff's full name;
2. Place of plaintiff's residence;
3. Name(s) of defendant(s);
4. Place(s) of defendant(s) employment;
5. Title and position of (each) defendant;
6. Whether the defendant(s) was (were) acting under color of state law at the time the claim alleged in the complaint arose;
7. Brief statement of the facts;
8. Grounds upon which plaintiff bases allegations that constitutional rights, privileges, or immunities have been violated, together with the facts which support each of these grounds;
9. A statement of prior judicial and administrative relief sought, copies of which shall be attached to the petition; and
10. A statement of the relief requested.
C. In all cases in which the petitioner, movant, or plaintiff is an inmate of a penal institution and desires to proceed in forma pauperis, the proof of poverty required by the Oklahoma Statutes shall be submitted.
D. If the court determines that the filing is a noncomplying petition, motion, or other pleading filed by an inmate in a penal institution appearing pro se, the action may not proceed, and it shall be returned together with a copy of this statute and a statement of the reason or reasons for its return.
E. If the defendant claims either qualified or absolute immunity in its answer, the court may order the plaintiff to file a detailed reply to the answer pursuant to subsection A of Section 2007 of this title.
F. The Administrative Office of the Courts shall adopt forms to be used by inmates of penal institutions appearing pro se pursuant to this section.
Historical Data
Laws 1995, c. 141, � 1, eff. November 1, 1995; Amended by Laws 2002, HB 2416, c. 402, � 6, emerg. eff. July 1, 2002 (superseded document available).
Citationizer� Summary of Documents Citing This DocumentCite | Name | Ebene | |
---|---|---|---|
Oklahoma Court of Civil Appeals Cases | |||
Cite | Name | Ebene | |
2001 OK CIV APP 2, 18 P.3d 1079, 72 OBJ 412, | WELBORN v. WALLACE | Discussed at Length | |
Oklahoma Supreme Court Cases | |||
Cite | Name | Ebene | |
1997 OK 100, 942 P.2d 732, 68 OBJ 2433, | LOWE v. MONARD | Discussed | |
2002 OK 38, 49 P.3d 710, | HARMON v. ENGLISH | Cited | |
2002 OK 39, 50 P.3d 1128, | MAHORNEY v. MOORE | Discussed at Length | |
2002 OK 49, 50 P.3d 215, | SMITH v. MOORE | Discussed at Length | |
2003 OK 3, 65 P.3d 271, | MEHDIPOUR v. WISE | Discussed | |
2004 OK 19, 90 P.3d 546, | MEHDIPOUR v. STATE ex rel. DEPT. OF CORRECTIONS | Discussed | |
1999 OK 26, 977 P.2d 1089, 70 OBJ 1069, | Shabazz v. Keating | Cited | |
Oklahoma Session Laws - 2002 | |||
Cite | Name | Ebene | |
2002 O.S.L. 402, 2002 O.S.L. 402, | Inmate lawsuits; modifying provisions regarding prisoner litigation. Effective date. Emergency. | Discussed | |
Title 12. Civil Procedure | |||
Cite | Name | Ebene | |
12 O.S. 2003.1, | Commencement of Actions by Inmates | Cited |
Cite | Name | Ebene | |
---|---|---|---|
Title 12. Civil Procedure | |||
Cite | Name | Ebene | |
12 O.S. 2003.1, | Pleadings Filed by Inmates - Forms and Information to be Supplied | Cited | |
12 O.S. 2007, | Pleadings Allowed - Form of Motions | Cited | |
Title 57. Prisons and Reformatories | |||
Cite | Name | Ebene | |
57 O.S. 566, | Types of Dismissal - Terms Defined - Sanctions - Award of Attorney Fees | Cited |