Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1758 By: Jett
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6 AS INTRODUCED
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7 An Act relating to civil procedure; amending 12 O.S.
7 2021, Section 993, which relates to appeals from
8 certain orders; authorizing certain appeal; requiring
8 certain notice; requiring certain prompt decision;
9 prohibiting certain stay of proceedings; and
9 declaring an emergency.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 12 O.S. 2021, Section 993, is
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14 amended to read as follows:
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15 Section 993. A. When an order:
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16 1. Discharges, vacates, or modifies or refuses to discharge,
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17 vacate, or modify an attachment;
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18 2. Denies a temporary or permanent injunction, grants a
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19 temporary or permanent injunction except where granted at an ex
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20 parte hearing, or discharges, vacates, or modifies or refuses to
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21 discharge, vacate, or modify a temporary or permanent injunction;
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22 3. Discharges, vacates, or modifies or refuses to discharge,
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23 vacate, or modify a provisional remedy which affects the substantial
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24 rights of a party;
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1 4. Appoints a receiver except where the receiver was appointed
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2 at an ex parte hearing, refuses to appoint a receiver, or vacates or
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3 refuses to vacate the appointment of a receiver;
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4 5. Directs the payment of money pendente lite except where
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5 granted at an ex parte hearing, refuses to direct the payment of
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6 money pendente lite, or vacates or refuses to vacate an order
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7 directing the payment of money pendente lite;
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8 6. Certifies or refuses to certify an action to be maintained
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9 as a class action;
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10 7. Denies a motion in a class action asserting lack of
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11 jurisdiction because an agency of this state has exclusive or
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12 primary jurisdiction of the action or a part of the action, or
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13 asserting that a party has failed to exhaust administrative
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14 remedies, but only if the class is subsequently certified and only
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15 as part of the appeal of the order certifying the class action; or
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16 8. Grants a new trial or opens or vacates a judgment or order,
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17 the party aggrieved thereby may appeal the order to the Supreme
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18 Court without awaiting the final determination in said cause, by
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19 filing the petition in error and the record on appeal with the
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20 Supreme Court within thirty (30) days after the order prepared in
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21 conformance with Section 696.3 of this title, is filed with the
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22 court clerk. If the appellant did not prepare the order, and
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23 Section 696.2 of this title required a copy of the order to be
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24 mailed to the appellant, and the court records do not reflect the
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1 mailing of a copy of the order to the appellant within three (3)
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2 days, exclusive of weekends and holidays, after the filing of the
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3 order, the petition in error may be filed within thirty (30) days
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4 after the earliest date on which the court records show that a copy
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5 of the order was mailed to the appellant. The Supreme Court may
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6 extend the time for filing the record upon good cause shown.
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7 B. If the order discharges or modifies an attachment or
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8 temporary injunction and it becomes operative, the undertaking given
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9 upon the allowance of an attachment or temporary injunction shall
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10 stay the enforcement of said order and remain in full force until
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11 final order of discharge shall take effect.
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12 C. If a receiver shall be or has been appointed, upon the
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13 appellant filing an appeal bond, with sufficient sureties, in such
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14 sum as may have been required of the receiver by the court or a
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15 judge thereof, conditioned for the due prosecution of the appeal and
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16 the payment of all costs or damages that may accrue to the state or
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17 any officer or person by reason thereof, the authority of the
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18 receiver shall be suspended until the final determination of the
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19 appeal, and if the receiver has taken possession of any property,
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20 real or personal, it shall be returned and surrendered to the
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21 appellant upon the filing and approval of the bonds.
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22 D. In addition to other appeals authorized by law, a party may
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23 appeal from any of the following interlocutory orders:
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1 1. An order that grants, modifies, denies, or refuses a
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2 temporary order in any suit affecting the parent-child relationship,
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3 including, but not limited to, temporary orders regarding:
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4 a. conservatorship or legal custody,
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5 b. possession or visitation,
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6 c. child support or spousal support,
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7 d. protective orders involving a parent or child, and
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8 e. the rights and duties of a parent;
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9 2. A notice of appeal pursuant to this subsection shall be
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10 filed within twenty (20) days of the date the temporary order is
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11 signed;
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12 3. Upon a showing of good cause, including, but not limited to,
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13 lack of notice or representation at the time of the order, the
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14 appellate court shall extend the time for filing a notice of appeal
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15 pursuant to this subsection by no more than ten (10) additional
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16 days;
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17 4. An appeal pursuant to this subsection shall be given
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18 priority status by the appellate court. The court shall expedite
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19 briefing and render a decision as promptly as practicable; and
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20 5. An appeal pursuant to this subsection shall not stay
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21 proceedings in the trial court unless the appellate court orders a
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22 stay.
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23 SECTION 2. It being immediately necessary for the preservation
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24 of the public peace, health or safety, an emergency is hereby
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1 declared to exist, by reason whereof this act shall take effect and
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2 be in full force from and after its passage and approval.
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Req. No. 3169 Page 5Every fact on this page links to its source, starting with the official bill record.