§ 1148.10.Writ of Execution - Form - New Trial

Chapter 20: Actions Regarding Real Property · Last amended November 1, 2021 · Last verified August 3, 2026

In one sentenceSection 1148.10 supplies the form of writ of execution the court issues once judgment is entered for the plaintiff, directing the sheriff to remove the defendant and restore possession, and requires any motion for a new trial to be filed within three days of judgment without staying execution.

Full Text of § 1148.10

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If judgment be for plaintiff, the court shall, at the request of the plaintiff, his or her agent or attorney, issue a writ of execution thereon, which shall be in substantially the following form: The State of Oklahoma, _______County. The State of Oklahoma to the Sheriff of ________County: Whereas, in a certain action for the forcible entry and detention (or for the forcible detention as the case may be) of the following described premises, to wit: ______________lately tried before me, wherein _________was plaintiff, and _______was defendant, judgment was rendered on the ____day of ______, 20__, that the plaintiff have restitution of said premises; and also that he or she recover rent, attorney fees and costs in the sum of ______; you, therefore, are hereby commanded to cause the defendant to be forthwith removed from said premises and the said plaintiff to have physical possession of the same, and make all accruing costs, and of this writ, make legal service and due return. Witness my hand this _____day of ________, 20__. _______________

A. B., Judge A motion for a new trial may be filed only within three (3) days of judgment but shall not operate to stay execution.

End

Amendment History

Amended by Laws 2021, c. 69, s. 1, eff. 11/1/2021. Laws 1968, SB 537, c. 172, § 10, eff. 1/13/1969.

Plain-English Summary

When judgment favors the plaintiff, this section gives the exact form the writ of execution must substantially follow -- reciting the case, the judgment for restitution, and the amounts owed for rent, attorney's fees, and costs, and commanding the sheriff to remove the defendant and put the plaintiff in possession.

The section also sets a short fuse on post-judgment relief: a motion for a new trial can only be filed within three days of judgment, and even filing one doesn't stay execution of the writ.

Frequently Asked Questions

What does the writ of execution direct the sheriff to do?

Remove the defendant from the premises and put the plaintiff in physical possession, and collect the accruing costs.

How long do I have to file a motion for a new trial after an eviction judgment?

Only three days from the date of judgment.

Does filing a motion for a new trial stop the writ from being executed?

No. Section 1148.10 says the motion shall not operate to stay execution.

What amounts does the writ cover besides possession?

The form recites the sum for rent, attorney's fees, and costs the plaintiff recovered along with restitution.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source

Also known as: writ of execution eviction oklahomamotion for new trial three days eviction oklahoma12 O.S. § 1148.10sheriff remove tenant writ oklahoma