§ 1353.Issue, Service and Amendment of Process

Chapter 23: Habeas Corpus · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 1353 requires the clerk to issue all writs under this article under the court's seal, except summons, sets a forthwith default for service and return, protects defective process from being disregarded if it gives adequate notice, and allows amendments and temporary commitments when necessary.

Full Text of § 1353

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All writs and other process, authorized by the provisions of this article, shall be issued by the clerk of the court, and except summons, sealed with the seal of such court, and shall be served and returned forthwith, unless the court or judge shall specify a particular time for any such return. And no writ or other process shall be disregarded for any defect therein, if enough is shown to notify the officer or person of the purport of the process. Amendments may be allowed, and temporary commitments, when necessary.

End

Amendment History

R.L. 1910, § 4904.

Plain-English Summary

Section 1353 covers the mechanics of issuing process in habeas corpus cases. The clerk of the court issues all writs and other process, sealed with the court's seal - except for summons - and they must be served and returned forthwith unless the court or judge sets a specific return time.

The statute also protects against dismissal on technicalities: no writ or process is to be disregarded for a defect if enough information is given to notify the officer or person of what the process requires. Courts may allow amendments, and may order temporary commitments when necessary.

Frequently Asked Questions

Who issues the writs and process under this article?

The clerk of the court, sealed with the court's seal, except for summons.

Can a defective writ be thrown out on a technicality?

Not if it gives enough information to notify the officer or person of its purport - the statute bars disregarding it on that basis.

Can defects in the process be fixed after the fact?

Yes, the statute allows amendments.

What happens if someone needs to be held briefly while an issue is sorted out?

The statute allows temporary commitments when necessary.

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: habeas corpus writ issuance oklahomadefective process habeas corpusamending habeas corpus writ