§ 29.Clerks to File and Preserve Papers - Refusal to File Sham Legal Process

Chapter 2: General Provisions · Last amended June 13, 1997 · Last verified August 3, 2026

In one sentenceSection 29 requires court clerks to file and preserve papers submitted to them but lets a clerk refuse a document believed to be sham legal process, and sets a mandamus procedure, including a tolling notice and a twenty-day deadline, for anyone aggrieved by the refusal.

Full Text of § 29

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A. It is the duty of the clerk of each of the courts to file together and carefully preserve in his office, all papers delivered to him for that purpose, except as provided in subsection B of this section, in every action or special proceeding.

B. The court clerk may refuse to file any document presented for filing if the clerk believes that the document constitutes sham legal process, as defined by Section 1533 of Title 21 of the Oklahoma Statutes.

1. Any person aggrieved by the refusal of a court clerk to file any document provided for in subsection A of this section may petition the district court for a writ of mandamus to compel the clerk to file the tendered document.

2. At the time of refusal, the person aggrieved shall file a notice of refusal with the court clerk for the purpose of tolling any applicable statute of limitations in the event the person prevails in any action so commenced, if the person wishes for the statute of limitations to be tolled. The refusal notice shall be submitted on a form provided by the court clerk, but must be filled out by the aggrieved party. A copy of the instrument that the clerk refused to file must be attached to the notice of refusal. The court clerk shall stamp the date of refusal on the notice of refusal.

The refusal notice shall be in the following form: STATE OF OKLAHOMA __________COUNTY NOTICE OF REFUSAL The Office of Court Clerk of __________County, Oklahoma, has on __________(date) refused to file a document designated ___________ (title of document or brief description of document). A copy of the refused document must be attached to this notice of refusal or the clerk cannot accept it for filing.

Signed:_____________ Signed: _____________________________

Court Clerk Aggrieved party or attorney for aggrieved party

_______County, Oklahoma

Address:__________________

__________________________

3. The action for mandamus must be filed with the district court within twenty (20) days after the notice of refusal is filed with the county clerk. If the writ of mandamus is granted, the court clerk shall refund the fee for filing the action. Notice of the pendency of a mandamus action filed pursuant to this section shall be filed in accordance with Section 2004.2 of this title. If the court determines that the tendered document is not sham legal process, the court shall order the clerk to file the tendered paper or papers. For any instrument which the court orders to be filed pursuant to this subsection, the date of filing shall be retroactive to the date the notice of refusal was filed.

D. If a court clerk improperly files or refuses to file a document provided for in subsection B of this section, the clerk shall be immune from liability for such action in any civil suit.

E. A clerk shall post a sign, in letters at least one (1) inch in height, that is clearly visible to the general public in or near the clerk's office stating that it is a felony to intentionally or knowingly file or attempt to file sham legal process with the clerk. Failure of the clerk to post such a sign shall not create a defense to any criminal or civil action based on sham legal process.

End

Amendment History

R.L. 1910, § 5329; Amended by Laws 1997, HB 1003, c. 405, § 2, emerg. eff. 6/13/1997.

Plain-English Summary

Section 29 states the clerk’s basic filing duty in plain terms: file together and carefully preserve every paper delivered for filing in every action or special proceeding. The one exception is a document the clerk believes is “sham legal process” — under 21 O.S. § 1533, a fake summons, judgment, warrant, or other court order that was never lawfully issued but purports to carry a court’s authority. The clerk may refuse to file that type of document outright.

Someone whose document gets refused has two things to do. To challenge the refusal, the aggrieved party can petition the district court for a writ of mandamus ordering the clerk to file it. To protect a statute-of-limitations deadline while that plays out, the party can file a notice of refusal — on a form the clerk provides but the party fills out, with a copy of the rejected document attached — which the clerk date-stamps. The mandamus action itself has to be filed within twenty days of that notice. If the party wins, the clerk refunds the filing fee, and if the court finds the document wasn’t sham legal process after all, it orders the clerk to file it, retroactive to the date the notice of refusal was filed.

The section protects clerks on both ends: one who improperly files, or improperly refuses to file, a document under this process is immune from civil liability for that call. And every clerk’s office has to post a sign at least an inch tall, visible to the public, warning that filing or attempting to file sham legal process is a felony — though skipping the sign doesn’t excuse anyone from liability.

Frequently Asked Questions

Can an Oklahoma court clerk refuse to file a document?

Yes, if the clerk believes the document is sham legal process as defined in 21 O.S. § 1533 — for example, a fake judgment or order that was never lawfully issued. Section 29 otherwise requires the clerk to file and preserve every paper submitted.

What can I do if the court clerk refuses to file my document?

Section 29 lets you petition the district court for a writ of mandamus to compel the clerk to file it, and lets you file a notice of refusal with the clerk to toll the statute of limitations while you do.

How long do I have to file a mandamus action after the clerk refuses my document?

Twenty days after the notice of refusal is filed, according to Section 29.

Is the court clerk liable for wrongly refusing to file a document?

No. Section 29 immunizes a clerk from civil liability for improperly filing or improperly refusing to file a document under this section.

Does the clerk's office have to warn the public about filing sham legal process?

Yes. Section 29 requires a posted sign, in letters at least an inch tall, warning that filing or attempting to file sham legal process is a felony, though not posting the sign doesn't excuse anyone from liability.

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

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