§ 1756.Date For Appearance of Defendant

Chapter 36: Small Claims Procedure Act · Last amended November 1, 2000 · Last verified August 3, 2026

In one sentenceRequires the small claims appearance date to fall between 10 and 60 days after the order is issued, sets a 7-day minimum notice period before that date, and lets the plaintiff get a new order with a new date if the first one isn't served in time.

Full Text of § 1756

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The date for the appearance of the defendant as provided in the order endorsed on the affidavit shall not be more than sixty (60) days nor less than ten (10) days from the date of the order. The order shall be served upon the defendant at least seven (7) days prior to the date specified in the order for the appearance of the defendant. If it is not served upon the defendant, the plaintiff shall apply to the clerk for a new order setting a new day for the appearance of the defendant, which shall not be more than sixty (60) days nor less than ten (10) days from the date of the issuance of the new order. When the clerk has fixed the date for appearance of the defendant, the clerk shall inform the plaintiff, either in person or by certified mail, of the date and order the plaintiff to appear on that date.

End

Amendment History

Laws 1968, SB 536, c. 322, § 6, eff. 1/13/1969; Amended by Laws 2000, SB 1332, c. 380, §3, eff. 11/1/2000.

Plain-English Summary

Section 1756 controls the timing of a small claims hearing. The order must set the defendant's appearance date no more than 60 days and no less than 10 days after the order is made, and the order has to be served on the defendant at least 7 days before that date.

If the order doesn't get served in time, the plaintiff applies to the clerk for a new order setting a new appearance date, again within the 10-to-60-day window measured from the new order's date. The clerk then notifies the plaintiff of the new date, in person or by certified mail, and directs the plaintiff to appear.

Frequently Asked Questions

How soon will my small claims hearing be scheduled?

The appearance date must be set no more than 60 days and no less than 10 days from the date of the order.

How much notice does the defendant get before the hearing?

The order must be served on the defendant at least 7 days before the appearance date it sets.

What if the defendant isn't served in time?

The plaintiff applies to the clerk for a new order with a new appearance date, again set between 10 and 60 days out, and the clerk notifies the plaintiff of the new date.

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: small claims hearing date oklahomahow much notice small claims court oklahoma12 O.S. § 1756