General Structure of a Civil Case filed in an Oklahoma District Court

by roselllove1dev | Jun 11, 2020 | Resources

Commencement of a Lawsuit

• A lawsuit is commenced by filing the Petition and issuing Summons.
• The Summons and Petition are served on the defendant.
• The defendant has 20 days to file an Answer to the Petition or otherwise respond (filing a motion to dismiss for example).

Scheduling Order

• After the commencement of the case, the court will issue a Scheduling Order either on its own or by motion of a party.
• The Scheduling Order sets forth the deadlines for the parties to complete certain procedural milestones (for example, Deadlines to Add Parties or Claims, to Complete Discovery, or File Summary Judgment/Dispositive Motions).
• The Scheduling Order will set the date for a pre-trial conference and sometimes set a trial date.

Discovery

• After the Answer is filed, the parties commence discovery. Some of the instruments used for discovery are as follows:
  • Written Interrogatories – Responding party has 30 days to respond
  • Request for Admissions – Responding party has 30 days to respond
  • Request for Production of Documents – Responding party has 30 days to respond
  • Subpoena Duces Tecums issued to Third-Parties seeking documents and/or testimony – Responding party has a minimum of 14 days to respond
  • Depositions

Summary Judgment Proceedings

• After the discovery is completed, one or both parties typically file a motion for summary judgment seeking an adjudication of the claims by the judge without a trial. To win, a party must show that there is no dispute of a material fact necessary to prove an element of its claim or defense. To defeat summary judgment, a party must show that a dispute of a material fact exists necessitating a trial to decide the disputed facts.

Pre-Trial Conference

• The pre-trial conference is a meeting that occurs between the presiding trial judge and counsel for the parties.
• The purpose of the conference is to discuss all remaining issues that need to be completed before the commencement of the trial.
• The trial judge will inquire if there are any objections to the evidence to be introduced at trial and if so will either hear the objections at the conference or set a hearing date to hear the objections. Often, the parties will file a motion in limine to state the objection to the introduction of certain evidence at trial and support the objection with argument and legal authorities.
• At the conclusion of the pre-trial conference, the judge will issue a pre-trial conference order setting forth the claims and defenses to be tried, the names of all witnesses to be called at trial along with a description of each witness’s scope of testimony, a list of all exhibits to be used at trial, the anticipated length of trial and the trial date.

Trial

• If the parties make it past the summary judgment stage without the trial judge entering a judgment on all claims, then the case moves to a trial on the merits of all remaining claims and defenses.
• Jury Trial – If the amount in controversy is less than $10,000, the case will be decided by a six (6) person jury.  If the amount in controversy is $10,000 or more, the case will be decided by a twelve (12) person jury
• Judge Trial – If the parties waive a trial by jury, the trial judge will decide the case

Need a good attorney to walk you through this process? Contact Rosell & Love today.

Foreclosure Action Procedure and Checklist

by roselllove1dev | Jun 10, 2020 | Resources

Whether you are currently in a foreclosure action or if you need to commence a foreclosure action, Rosell & Love can help.

Before Commencement

• Send notice of default to the borrower.
• Obtain title report and conduct a search of the uniform commercial code central filing system for parties holding a security interest.

Commencement

• File/Issue Summons, Petition & Lis Pendens (and Applicaiton for a Receiver, if necessary).
• File Affidavit of Military Service.
• Record certified copy of Notice of Lis Pendens in the County Clerk’s Office.
• Obtain service of summons and petition on all parties.
• Obtain title update through date of Lis Pendens, and amend Petition if necessary.
• Move for Default or Summary Judgment . 
• Obtain & file judgement.
• Mail Judgment to all parties.
• Execution.
• Have Special Execution issued by Court Clerk.
• Deliver Special Execution, Notice of Sale, Appraisement and Sheriff Return to County Sheriff.
• Sheriff conducts appraisal and sets date of Sheriff’s Sale.
• Sheriff publishes Notice of Sheriff’s Sale.
• Send Notice of Sheriff’s Sale to all persons with an interest in the property.
• File Affidavit attesting that notice of Sheriff’s Sale was properly given.
• Obtain bidding instructions from client.
• Attend Sheriff’s Sale (usually six weeks after Special Execution issued).
• Complete Sheriff’s Return of Sale.
• File Motion to Confirm Sale & obtain hearing date.
• Serve Motion to Confirm on all parties and publish if any party’s address is unknown.
• File Affidavit attesting that notice of hearing on Motion to Confirm was properly given.
• Obtain and file Order Confirming Sale.
• Mail Order Confirming Sale to all Parties.
• Obtain Sheriff’s signature on Sheriff’s Deed and record with County Clerk.
• Obtain title policy.
• File motion for attorney fees.
• Obtain and file Order Awarding Attorney fees.
• Move for Deficiency Judgment (must be done within ninety days after sale.)
• Obtain and file Journal Entry of Deficiency Judgment.
• Apply for Hearing on Assets.
• Obtain and serve Order directing Hearing on Assets.
• Conduct Hearing on Assets.
• Execute on Deficiency Judgment.

Need a good attorney to walk you through this process? Contact Rosell & Love today.

Thinking of Forming a Business? Here is Some Information You Should Know.

by roselllove1dev | Sep 26, 2017 | Resources

Types of Entities recognized by Oklahoma Statute

• Corporation
  • C-Corp
  • S-Corp
• Limited Liability Company
• Limited Liability Partnership
• Limited Partnership
• General Partnership
• Professional Limited Liability Company
• Professional Limited Liability Partnership
• Charitable Organization (non-profit corporation)

• Formation
  • Legal Entities are formed by filing certain documents with the Oklahoma Secretary of State
  • A Corporation is formed by filing Articles of Incorporation
  • A Limited Liability Company is formed by filing Articles of Organization
  • A Partnership is formed by filing a Certificate of Limited Partnership or a Statement of Qualification for Limited Liability Partnerships
• Governing Documents
  • A Corporation is governed by Bylaws and a Shareholder’s Agreement
  • A Limited Liability Company is governed by an Operating Agreement
  • A Partnership (general, limited or limited liability) is governed by a Partnership Agreement
  • A Charitable Organization (non-profit corporation) is governed by its Bylaws with certain restriction placed upon it by the Federal Tax Code if the organization claims tax exemption
• Registered Service Agent
  • Oklahoma statutes require an entity to register a service agent having an Oklahoma address with the Oklahoma Secretary of State.  The service agent is the party designated and authorized to accept service of summons and petition or other legal process on its behalf. Rosell Love often serves as the registered service agent for our clients.

Need a good attorney to walk you through this process? Let us know if we can help. Contact Rosell & Love today.

Entering into a Loan Transaction Secured by Real Estate? Rosell & Love can help you through this process.

by roselllove1dev | May 11, 2017 | Resources

• Promissory Note
• Mortgage
• Security Agreement
• Guaranty Agreement
• Assignment of Rents and Leases
• Assignment of Architectural Plans
• Assignment of Engineering Plans
• Assignment of Service Agreement and Warranties
• UCC-1 Financing Statement
• Subordination, Non-Disburbance and Attornment Agreement

Need a good attorney to walk you through this process? Contact Rosell & Love today.