ENROLLED HOUSE
BILL NO. 3036 By: Stinson of the House
and
Howard of the Senate
An Act relating to civil procedure; amending 12 O.S. 2021,
Section 1148.7, which relates to forcible entry and detainer jury trials;
removing the option of jury trial for forcible entry and detainer actions;
retaining the option for a jury trial for other actions; repealing 12 O.S.
2021, Section 1148.8, which relates to procedure where no jury is available;
and providing an effective date.
SUBJECT: Civil procedure
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF
SECTION 1.
AMENDATORY 12 O.S. 2021,
Section 1148.7, is amended to read as follows:
Section 1148.7 If A
jury trial shall only be an option for claims for the collection of rent or
damages to the premises, or claims arising under the Oklahoma Residential Landlord
and Tenant Act, and shall not be an option for forcible entry and detention
actions. For suits with actions for the
forcible entry and detention, or detention only, of real property, along with
claims for the collection of rent or damages to the premises, or claims arising
under the Oklahoma Residential Landlord and Tenant Act, and a jury trial is
requested, the suit for forcible entry and detention shall be severed from the other
claims in the suit and shall have its own non-jury trial. For suits where a jury trial is an option, if
neither party demands a jury trial on or before the day of trial, the court
shall try the cause.
SECTION 2.
REPEALER 12 O.S. 2021, Section
1148.8, is hereby repealed.
SECTION 3.
This act shall become effective November 1, 2024.
Passed the
House of Representatives the 21st day of February, 2024.
Presiding
Officer of the House
of
Representatives
Passed the Senate the 17th day of
April, 2024.
Presiding
Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office
of the Governor this ____________________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________
Approved by the
Governor of the State of Oklahoma this _________ day of ___________________,
20_______, at _______ o'clock _______ M.
_________________________________
Governor of
the State of Oklahoma
OFFICE
OF THE SECRETARY OF STATE
Received by the Office
of the Secretary of State this __________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________