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

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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 July 1, 2002 (superseded document available).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 Document

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Cite	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

Citationizer: Table of Authority

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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