Rule 16.Default Judgment Against Defendant Served Solely By Publication

Rules for District Courts of Oklahoma · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceRequires a judge to hold an inquiry, before entering a default judgment against a defendant served only by publication, into whether the plaintiff made a diligent search for that defendant's or their heirs' whereabouts and identity, and lists the sources that must be searched in land cases.

Full Text of Rule 16

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When a default judgment sought in any action against a party-defendant who was served solely by publication (i.e., upon whom no notice by mailing was effected), the judge shall conduct an inquiry either in open court or in chambers to determine judicially whether plaintiff, or someone acting in his behalf, did make a diligent and meaningful search of all reasonably available sources at hand and failed to ascertain from it the following data:

(a) the whereabouts or mailing address of every person named as defendant who was so served in the action; or if publication service was directed in the alternative to a named defendant if living, or if dead, to the "unknown heirs, executors, administrators, trustees, devisees and assigns, if any;"

(b) the whereabouts or mailing address of every person named as defendant if living;

(d) and if dead, the individual identity and whereabouts of his "heirs, executors, devisees, trustees or assigns, if any;" or if publication service was directed to the unknown heirs, executors, administrators, devisees, trustees and assigns, immediate and remote, of a deceased person;

(e) the individual identity and whereabouts or mailing address of persons who were so served; or if publication service was directed to the unknown successors, trustees or assigns, if any, of any dissolved corporation; or to the unknown successors of any party designated in any record as a trustee; or to the unknown holders of special assessment or improvement bond, sewer warrant or tax bill; or to any corporation whose continued legal existence is alleged to be in doubt but the fact of its dissolution is not known;

(f) the individual identity and whereabouts or mailing address of such unknown successors, trustees, etc. of any dissolved corporation;

(g) the individual identity and whereabouts or mailing address of any successor of one designated in any record as trustee;

(h) the individual identity and whereabouts or mailing address of any holders of special assessment or improvement bond, sewer warrant or tax bill;

(i) whether the corporate defendant continues to have legal existence or not; whether it has officers or not, and the officers' individual identity and whereabouts or mailing address; or the identity and whereabouts or mailing address of successors, trustees or assigns, if any, if defendant corporation was in fact dissolved.

At the inquiry required by this rule plaintiff should show by competent evidence that all reasonably available sources, where applicable, were in fact searched and failed to yield the information necessary to establish;

(a) the whereabouts or mailing address of the named defendant;

(b) or the individual identity and whereabouts or mailing address of his heirs, successors, etc.;

In all cases affecting interest in or title to land, the following shall be searched as primary sources:

(a) local assessor's records

(b) local county treasurer's records

(d) local probate records if applicable. An evidentiary affidavit by a bonded abstractor detailing the records and other sources searched by him and the information yielded by the search may be admitted as evidence at the inquiry conducted in compliance with this rule. 12 O.S. 1981, See. 431. If, after hearing the evidence the judge finds that plaintiff did in fact exercise due diligence in conducting a meaningful search, the following recitation should be included in the journal entry of judgment: "The Court conducted a judicial inquiry into the sufficiency of plaintiff's search to determine the names and whereabouts of the defendants who were served herein by publication, and based on the evidence adduced the Court finds that plaintiff has exercised due diligence and has conducted a meaningful search of all reasonably available sources at hand. The Court approves the publication service given herein as meeting both statutory requirements and the minimum standards of state and federal due process."

End

Plain-English Summary

Publication service stands in for actual notice when a defendant's whereabouts are unknown, which is exactly why Rule 16 requires a judge to check the plaintiff's homework before entering a default judgment against someone who never received it. In open court or in chambers, the judge determines whether the plaintiff made a diligent and meaningful search of all reasonably available sources for the defendant's address, whether the defendant is living or dead, and the identity and whereabouts of any heirs, successors, or corporate officers, depending on how the publication service was framed.

In any case affecting an interest in land, the plaintiff must search the local assessor's records, the county treasurer's records, local deed records, and probate records as primary sources. An evidentiary affidavit by a bonded abstractor detailing what was searched and found may serve as evidence at the inquiry. If the judge finds the search was diligent and meaningful, Rule 16 requires the journal entry of judgment to include a specific recitation confirming the inquiry and the court's approval of the publication service as meeting both statutory and due-process standards.

Frequently Asked Questions

Why does a judge have to hold a special hearing before I can get a default judgment against someone served by publication?

Because publication service does not guarantee the defendant learned about the case, Rule 16 requires the judge to confirm the plaintiff made a diligent, meaningful search for the defendant's whereabouts before entering judgment.

My case involves a piece of land and a defendant I can't locate. What records do I need to check?

Rule 16 requires searching, as primary sources, the local assessor's records, the county treasurer's records, local deed records for the property, and local probate records if applicable.

Can an abstractor's affidavit substitute for live testimony at the inquiry?

Yes. Rule 16 allows an evidentiary affidavit by a bonded abstractor detailing the records searched and what they showed to be admitted as evidence at the inquiry.

What does the judge have to put in the judgment if the search was sufficient?

Rule 16 sets out a specific recitation for the journal entry confirming the court conducted the inquiry and found the plaintiff exercised due diligence and met due-process standards.

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

Also known as: oklahoma service by publication default judgmentdiligent search default judgment oklahomarule 16 rules for district courtspublication service due diligence oklahoma