§ 1754.Preparation of Affidavit - Copies

Chapter 36: Small Claims Procedure Act · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceLets a small claims plaintiff either prepare the required affidavit or have the court clerk draft it on request, permits filing by mail, and directs the clerk to file the affidavit, copy it, and complete and sign the order once it's received.

Full Text of § 1754

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The claimant shall prepare such an affidavit as is set forth in Section 3 of this act, or, at his request, the clerk of said court shall draft the same for him. Such affidavit may be presented by the claimant in person or sent to the clerk by mail. Upon receipt of said affidavit, properly sworn to, the clerk shall file the same and make a true and correct copy thereof, and the clerk shall fill in the blanks in the order printed on said copy and sign the order.

End

Amendment History

Laws 1968, SB 536, c. 322, § 4, eff. 1/13/1969.

Plain-English Summary

Section 1754 covers the mechanics of getting a small claims case on file. The plaintiff can write the affidavit described in Section 1753, or ask the clerk to draft it instead. Either way, the affidavit can be handed to the clerk in person or sent by mail.

Once the clerk receives a properly sworn affidavit, the clerk files it, makes a true and correct copy, fills in the blanks on the order printed on that copy, and signs the order.

Frequently Asked Questions

Do I have to write the small claims affidavit myself?

No -- Section 1754 lets the court clerk draft the affidavit for you if you ask.

Can I file my small claims affidavit by mail?

Yes, the statute allows the affidavit to be presented in person or sent to the clerk by mail.

What does the clerk do once my affidavit is filed?

The clerk files the original, makes a copy, fills in the blanks on the order printed on that copy, and signs the order.

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: file small claims affidavit oklahomasmall claims by mail oklahoma12 O.S. § 1754