Rule 10.Notice of Taking Default Judgment

Rules for District Courts of Oklahoma · Last amended August 1, 2013 · Last verified August 3, 2026

In one sentenceRequires five days' mailed or delivered notice of a default-judgment hearing to a defaulting party who has appeared or filed something in the case, while exempting small claims, forcible entry and detainer, and several other case categories from that notice.

Full Text of Rule 10

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In matters in default in which an appearance, general or special, has been made or a motion or pleading has been filed, default shall not be taken until a motion therefore has been filed in the case and five (5) days notice of the date of the hearing is mailed or delivered to the attorney of record for the party in default or to the party in default if he is unrepresented or his attorney's address is unknown. If the addresses of both the party and his attorney are unknown, the motion for default judgment may be heard and a default judgment rendered after the motion has been regularly set on the motion and demurrer docket. It shall be noted on the motion whether notice was given to the attorney of the party in default, to the party in default, or because their addresses are unknown, to neither. Once a party or an attorney provides an email address for service in a specific case in accordance with the Rules for Electronic Filing in the Oklahoma Courts, the provided email address shall serve as the appropriate address for purposes of notice as required by this rule, unless the filer is informed that the electronic transmission failed. See Rules for Electronic Filing in Oklahoma Courts. 2012 OK 61

Notice of taking default is not required where the defaulting party has not made an appearance. Also, notice of taking default is not required in the following cases even if the defaulting party has made an appearance:

1) Any case, whether a matrimonial action or otherwise, in which waiver of summons and entry of appearance has been filed;

2) any case prosecuted under the small claims procedure for money judgment or possession of personal property;

3) any forcible entry and detainer case, whether or not placed on the small claims docket;

4) any probate or juvenile proceeding;

5) any case that is at issue and has been regularly set on the trial docket in which neither the other party nor his or her attorney appears at the trial;

6) any case as to any party who has filed a disclaimer;

7) any garnishment proceeding; and

8) any statutory proceeding following the rendition of final judgment in a case, including but not limited to, enforcement proceedings, or proceedings initiated by a motion or delayed petition for new trial, or by any motion, petition or application to correct, open, modify or vacate the judgment, whether filed in the same action or as a separate action.

End

Amendment History

Amended by order of the Supreme Court, 2013 OK 68, eff. 8/1/2013.

Plain-English Summary

Once a party in default has made an appearance or filed a motion or pleading, Rule 10 keeps a plaintiff from taking a default judgment without notice. A motion for default must be filed, and five days' notice of the hearing date must be mailed or delivered to the attorney of record or, if unrepresented or the attorney's address is unknown, to the party directly. If neither address can be found, the motion may instead be set on the regular motion and demurrer docket, with a note on the motion explaining why no notice was given. Once a party or attorney provides an email address for service under the Rules for Electronic Filing in Oklahoma Courts, that address becomes the proper one for notice under this rule, unless the transmission fails.

Notice is not required at all where the defaulting party never appeared, or in eight enumerated categories: cases with a waiver of summons and entry of appearance on file, small claims cases, forcible entry and detainer cases, probate or juvenile proceedings, cases regularly set for trial where a party fails to appear, cases involving a disclaimer, garnishment proceedings, and post-judgment enforcement proceedings. The five-day notice period here is shorter than, but plays the same role as, the seven-day notice Federal Rule of Civil Procedure 55(b)(2) requires before a default-judgment hearing against a party who has appeared.

Frequently Asked Questions

The other side never showed up in my case. Do I still have to give notice before taking a default judgment?

No. Rule 10 only requires notice where the defaulting party made an appearance, general or special, or filed a motion or pleading.

How much notice do I have to give before the default hearing?

Five days, mailed or delivered to the attorney of record, or to the party directly if unrepresented or if the attorney's address is unknown.

What if I can't find the defaulting party or their attorney?

Rule 10 lets you set the motion on the regular motion and demurrer docket and note on the motion that neither address is known.

Is notice required in a small claims or forcible entry and detainer case?

No. Rule 10 exempts small claims cases and forcible entry and detainer cases, whether or not on the small claims docket, from the notice requirement.

Can I rely on an email address for this notice?

Yes. Once a party or attorney provides an email address for service under the Rules for Electronic Filing in Oklahoma Courts, Rule 10 treats that address as proper for notice, unless the transmission fails.

Source & verification. Rule text is reproduced verbatim from the Rules for District Courts of Oklahoma, promulgated by the Supreme Court of Oklahoma as an appendix to Chapter 2 of Title 12 of the Oklahoma Statutes. Last verified August 3, 2026. · Official source

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