§ 2027 Appendix of forms
§ 2027. Appendix of forms
APPENDIX OF FORMS
Form 1.
SUMMONS
IN THE DISTRICT COURT OF __________________________ COUNTY,
STATE OF OKLAHOMA
A.B., Plaintiff )
v. ) No. __________
C.D., Defendant )
Summons
To the above-named Defendant:
You have been sued by the above-named plaintiff, and you are directed to file a written answer to the attached petition in the court at the above address within twenty (20) days after service of this summons upon you, exclusive of the day of service. Within the same time, a copy of your answer must be delivered or mailed to the attorney for the plaintiff.
Unless you answer the petition within the time stated, judgment will be rendered against you with costs of the action.
_______________, Court Clerk
by __________, Deputy Court Clerk
(Seal)
Attorney(s) for Plaintiff(s):
Name _____________________________________________________________________________
Address _____________________________________________________________________________
_____________________________________________________________________________
Telephone Number _____________________________________________________________________________
This summons was served on _________________________________
(date of service)
______________________________________ (Signature of person serving summons)
YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY MATTER CONNECTED WITH THIS SUIT OR YOUR ANSWER. SUCH ATTORNEY SHOULD BE CONSULTED IMMEDIATELY SO THAT AN ANSWER MAY BE FILED WITHIN THE TIME LIMIT STATED IN THE SUMMONS.
Form 2.
PETITION ON A PROMISSORY NOTE
1. Defendant on or about June 1, 19____, executed and delivered to plaintiff a promissory note (in the following words and figures: (here set out the note verbatim)); (a copy of which is hereto annexed as Exhibit A); (whereby defendant promised to pay to plaintiff or order on June 1, 19____, the sum of __________ dollars with interest thereon at the rate of ______ percent per annum).
2. Defendant owes to plaintiff the amount of said note and interest.
Wherefore plaintiff demands judgment against defendant for the sum of __________ dollars, interest, and costs including reasonable attorney fees.
Signed: ________________________________________________________________________________Attorney for Plaintiff
Address: ________________________________________________________________________________
Form 3.
PETITION ON AN ACCOUNT
Defendant owes plaintiff __________ dollars according to the account hereto annexed as Exhibit A.
Wherefore (etc. as in Form 2.)
Form 4.
PETITION FOR GOODS SOLD AND DELIVERED
Defendant owes plaintiff __________ dollars for goods sold and delivered by plaintiff to defendant between June 1, 19____, and December 1, 19____.
Wherefore (etc. as in Form 2.)
Form 5.
PETITION FOR MONEY LENT
Defendant owes plaintiff __________ dollars for money lent by plaintiff to defendant on June 1, 19____.
Wherefore (etc. as in Form 2.)
Form 6.
PETITION FOR MONEY PAID BY MISTAKE
Defendant owes plaintiff __________ dollars for money paid by plaintiff to defendant by mistake on June 1, 19____, under the following circumstances: (here state the circumstances with particularity--see subsection B of Section 2009 of this title)
Wherefore plaintiff demands judgment against defendant for the sum of __________ dollars, interest, and costs.
Form 7.
PETITION FOR MONEY HAD AND RECEIVED
Defendant owes plaintiff __________ dollars for money had and received from one G.H. on June 1, 19____, to be paid by defendant to plaintiff.
Wherefore (etc. as in Form 6.)
Form 8.
PETITION FOR NEGLIGENCE
1. On June 1, 19____, on a public roadway called Utica Avenue in Tulsa, Oklahoma, defendant negligently drove a motor vehicle against plaintiff who was then crossing said roadway.
2. As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization.
Wherefore plaintiff demands judgment against defendant in the sum of __________ dollars, interest, and costs.
Form 9.
PETITION FOR NEGLIGENCE WHERE PLAINTIFF IS UNABLE TO DETERMINE DEFINITELY WHETHER THE PERSON RESPONSIBLE IS C.D. OR E.F. OR WHETHER BOTH ARE RESPONSIBLE AND WHERE HIS EVIDENCE MAY JUSTIFY A FINDING OF WILLFULNESS OR OF RECKLESSNESS OR OF NEGLIGENCE AND\ PRAYER FOR
PUNITIVE DAMAGES
A.B., Plaintiff )
v. ) No. __________
C.D. and E.F., Defendants )
Petition
1. On June 1, 19____, on a public roadway called Utica Avenue in Tulsa, Oklahoma, defendant C.D. or defendant E.F., or both defendants C.D. and E.F. willfully or recklessly or negligently drove or caused to be driven a motor vehicle against plaintiff who was then crossing said roadway.
2. As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization.
Wherefore plaintiff demands judgment against C.D. or against E.F. or against both for actual and punitive damages in the sum of __________________ dollars, interest, and costs.
Form 10.
PETITION FOR CONVERSION
On or about December 1, 19____, defendant converted to his own use ten bonds of the ____________________ Company (here insert brief identification as by number and issue) of the value of __________________ dollars, the property of plaintiff.
Wherefore plaintiff demands judgment against defendant in the sum of ______________ dollars, interest and costs.
Form 11.
PETITION FOR SPECIFIC PERFORMANCE OF CONTRACT TO CONVEY LAND
1. On or about December 1, 19____, plaintiff and defendant entered into an agreement in writing, a copy of which is hereto annexed as Exhibit A.
2. In accord with the provisions of said agreement plaintiff tendered to defendant the purchase price and requested a conveyance of the land, but defendant refused to accept the tender and
refused to make the conveyance.
3. Plaintiff now offers to pay the purchase price.
Wherefore plaintiff demands:
(1) that defendant be required specifically to perform said agreement;
(2) damages in the sum of One Thousand Dollars ($1,000.00); and
(3) that if specific performance is not granted plaintiff have judgment against defendant in the sum of ______________ dollars.
Form 12.
PETITION ON CLAIM FOR DEBT AND TO SET ASIDE FRAUDULENT CONVEYANCE UNDER SUBSECTION B OF SECTION 2018 OF THIS TITLE
A.B., Plaintiff )
v. ) No. __________
C.D. and E.F., Defendants )
Petition
1. Defendant C.D. on or about ____________________ executed and delivered to plaintiff a promissory note (in the following words and figures: (here set out the note verbatim)); (a copy of which is hereto annexed as Exhibit A); (whereby defendant C.D. promised to pay to plaintiff or order on ________________ the sum of Five Thousand Dollars ($5,000.00) with interest thereon at the rate of ____% per annum).
2. Defendant C.D. owes to plaintiff the amount of said note and interest.
3. Defendant C.D. on or about ____________________ conveyed all his property, real and personal (or specify and describe) to defendant E.F. for the purpose of defrauding plaintiff and hindering and delaying the collection of the indebtedness evidenced by the note above referred to.
Wherefore plaintiff demands:
(1) That plaintiff have judgment against defendant C.D. for ______________ dollars and interest;
(2) That the aforesaid conveyance to defendant E.F. be declared void and the judgment herein be declared a lien on said property; and
(3) That plaintiff have judgment against the defendants for costs, including reasonable attorney fees.
Form 13.
PETITION FOR NEGLIGENCE UNDER FEDERAL EMPLOYERS' LIABILITY ACT [FN1]
1. During all the times herein mentioned defendant owned and operated in interstate commerce a railroad which passed through a tunnel located at ______________ and known as Tunnel No. ________.
2. On or about June 1, 19____, defendant was repairing and enlarging the tunnel in order to protect interstate trains, passengers and freight from injury and in order to make the tunnel more conveniently usable for interstate commerce.
3. In the course of thus repairing and enlarging the tunnel on said day defendant employed plaintiff as one of its workmen, and negligently put plaintiff to work in a portion of the tunnel which defendant had left unprotected and unsupported.
4. By reason of defendant's negligence in thus putting plaintiff to work in that portion of the tunnel, plaintiff was, while so working pursuant to defendant's orders, struck and crushed by a rock, which fell from the unsupported portion of the tunnel, and was (here describe plaintiff's injuries).
5. Prior to these injuries, plaintiff was a strong, able-bodied man (or woman), capable of earning and actually earning ______________ dollars per day. By these injuries he (or she) has been made incapable of any gainful activity, has suffered great physical and mental pain, and has incurred expense for medicine, medical attendance, and hospitalization.
Wherefore plaintiff demands judgment against defendant in the sum of ______________ dollars and costs.
Form 14.
MOTION TO DISMISS, PRESENTING DEFENSES OF FAILURE TO STATE A CLAIM, OF LACK OF SERVICE OF PROCESS AND OF IMPROPER VENUE UNDER SUBSECTION B
OF SECTION 2012 OF THIS TITLE
The defendant moves the court as follows:
1. To dismiss the action because the petition fails to state a claim against defendant upon which relief can be granted, because plaintiff's claim is barred by the statute of limitations in Section 95 of Title 12 of the Oklahoma Statutes.
2. To dismiss the action or, in lieu thereof, to quash the return of service of summons on the grounds:
(a) That the defendant is a corporation organized under the laws of Delaware and was not and is not subject to service of process within the State of Oklahoma, and
(b) That the defendant has not been properly served with process in this action, all of which more clearly appears in the affidavits of M.N. and X.Y., hereto annexed as Exhibit A and Exhibit B respectively.
3. To dismiss the action on the ground that it is in the wrong county, because this is an action for damages to land located in Cherokee County, and under Section 131 of Title 12 of the Oklahoma Statutes, this action must be brought in Cherokee County, all of which more clearly appears in the affidavits of K.L. and V.W., hereto annexed as Exhibits C and D respectively.
Signed: ________________________________________________________________________________ Attorney for Defendant
Address: ________________________________________________________________________________
Notice of Motion
To: ___________________________________________________
Attorney for Plaintiff
Please take notice, that the undersigned will bring the above motion on for hearing before this Court at Room ________, Tulsa County Courthouse, City of Tulsa on the ________ day of __________, 19____, at 10:00 o'clock a.m. of that day or as soon thereafter as counsel can be heard.
Signed: ________________________________________________________________________________ Attorney for Defendant
Address: ________________________________________________________________________________
Form 15.
ANSWER PRESENTING DEFENSES UNDER SUBSECTION B OF SECTION 2012 OF THIS TITLE
First Defense
The petition fails to state a claim against defendant upon which relief can be granted, because plaintiff is suing on a contract for the sale of goods for a price of more than Five Hundred Dollars ($500.00), which is not enforceable under Section 2-201 of Title 12A of the Oklahoma Statutes.
Second Defense
If defendant is indebted to plaintiffs for the goods mentioned in the petition, he is indebted to them jointly with G.H., G.H. is alive; is a citizen of the State of Oklahoma and a resident of this state, is subject to the jurisdiction of this court, as to both service of process and venue; can be made a party without depriving this court of jurisdiction of the present parties, and has not been made a party.
Third Defense
Defendant admits the allegation contained in paragraphs 1 and 4 of the petition; alleges that he is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2 of the petition; and denies each and every other allegation contained in the petition.
Fourth Defense
The right of action set forth in the petition did not accrue within five (5) years next before the commencement of this action.
Counterclaim
(Here set forth any claim as a counterclaim in the manner in which a claim is pleaded in a petition.)
Cross-claim Against Defendant M.N.
(Here set forth the claim constituting a cross-claim against defendant M.N. in the manner in which a claim is pleaded in a petition.)
Form 16.
ANSWER TO PETITION SET FORTH IN FORM 7, WITH COUNTERCLAIM FOR INTERPLEADER
Defense
Defendant denies the allegations stated in paragraph 2 of the petition to the extent set forth in the counterclaim herein. Counterclaim for Interpleader
1. Defendant received the sum of __________ dollars as a deposit from E.F. and defendant claims no interest in the money.
2. Plaintiff has demanded the payment of such deposit to him by virtue of an assignment of it which he claims to have received from E.F.
3. E.F. has notified the defendant that he claims such deposit, that the purported assignment is not valid, and that he holds the defendant responsible for the deposit. Wherefore defendant demands:
(1) That the court order E.F. to be made a party defendant to respond to the petition and to this counterclaim.
(2) That the court order the plaintiff and E.F. to interplead their respective claims.
(3) That the court adjudge whether the plaintiff or E.F. is entitled to the sum of money.
(4) That the court order the defendant to deposit the money claimed by the plaintiff and E.F. with the clerk of the court and discharge the defendant from the action and from all liability in the premises.
(5) That the court award to the defendant its costs and attorney's fees.
Form 17.
SUMMONS AND PETITION AGAINST THIRD-PARTY DEFENDANT IN THE DISTRICT COURT OF ______________________ COUNTY, STATE OF OKLAHOMA
A.B., Plaintiff )
v. )
C.D., Defendant and )
Third-Party Plaintiff ) No. __________
v. )
E.F., Third-Party )
Defendant )
Summons
To the above-named Third-Party Defendant:
You have been sued by the above-named defendant and third-party plaintiff, and you are directed to file a written answer to the attached third-party petition in the court at the above address within twenty (20) days after the service of this summons upon you, exclusive of the day of service. Within the same time, a copy of your answer must be delivered or mailed to the attorney for the third-party plaintiff and to the attorney for the original plaintiff.
Unless you answer the third-party petition within the time stated, judgment will be rendered against you with costs of the action.
_______________, Court Clerk by __________, Deputy Court Clerk
(Seal)
Attorney(s) for Original Plaintiff(s):
Name _____________________________________________________________________________
Address _____________________________________________________________________________
_____________________________________________________________________________
Telephone Number
____________________________________________________________________________
Attorney(s) for Third-Party Plaintiff(s):
Name _____________________________________________________________________________
Address _____________________________________________________________________________
_____________________________________________________________________________
Telephone Number
____________________________________________________________________________
This summons was served on _____________________________________________________________________________
(date of service)
______________________________________ (Signature of person serving summons)
YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY MATTER CONNECTED WITH THIS SUIT OR YOUR ANSWER. SUCH ATTORNEY SHOULD BE CONSULTED IMMEDIATELY SO THAT AN ANSWER MAY BE FILED WITHIN THE TIME LIMIT STATED IN THE SUMMONS.
IN THE DISTRICT COURT OF ____________
COUNTY, STATE OF OKLAHOMA
A.B., Plaintiff )
v. )
C.D., Defendant and )
Third-Party Plaintiff ) No. __________
v. )
E.F., Third-Party )
Defendant )
Third-Party Petition
1. Plaintiff A.B. has filed against defendant C.D. a petition, a copy of which is hereto attached as “Exhibit A”.
2. (Here state the grounds upon which C.D. is entitled to recover from E.F. all or part of what A.B. may recover from C.D. The statement should be framed as in an original petition.)
Wherefore C.D. demands judgment against third-party defendant E.F. for all sums that may be adjudged against defendant C.D. in favor of plaintiff A.B.
Signed: ________________________________________________________
Attorney for C.D.,
Third-Party Plaintiff
Address: ________________________________________________________
Form 18.
MOTION TO BRING IN THIRD-PARTY DEFENDANT
Defendant moves for leave, as third-party plaintiff, to cause to be served upon E.F. a summons and third-party petition, copies of which are hereto attached as “Exhibit X”.
Signed: ________________________________________________________
Attorney for Defendant C.D.
Address: ________________________________________________________
Notice of Motion
(Contents the same as in Form 14. The notice should be addressed to all parties to the action.)
Exhibit X
(Contents the same as in Form 17)
Form 19.
NOTICE OF MOTION AND MOTION FOR LEAVE TO INTERVENE AS PLAINTIFF IN THE DISTRICT COURT OF ________ COUNTY, STATE OF OKLAHOMA
A.B., Plaintiff, )
v. )
C.D., Defendant, ) No. __________
E.F., Applicant for )
intervention )
Notice of Motion and Motion
TO: ______ (Plaintiff) and ________ (Defendant) and to ________ and ______, their respective attorneys
vPlease be advised that in Room ________, Tulsa County Courthouse, ________ (address), on ________, 19____, or as soon thereafter as counsel can be heard, ________ (proposed intervenor) will move for leave to intervene as plaintiff in the above-styled action on the ground that he has a claim against the above-named defendant that involves questions of law and fact in common with those that are involved in the original action, and that his intervention to assert the claim will not unduly delay or prejudice the adjudication of the rights of the original parties. The claim of ________ (proposed intervenor) is set out in his attached proposed petition in intervention.
The motion will be based on this notice, (the attached affidavit of ________), and on all the pleadings and records heretofore filed in this action.
Signed: ________________________________________________________
Attorney for E.F.
Applicant for Intervention
Address: ________________________________________________________
(Attach Affidavit, if any)
Form 20.
MOTION TO INTERVENE AS A DEFENDANT UNDER SECTION 2024 OF THIS TITLE
(Based upon the petition, Form 8)
IN THE DISTRICT COURT OF ______________________ COUNTY, STATE OF OKLAHOMA
A.B., Plaintiff )
v. )
C.D., Defendant ) No. __________
E.F., Applicant for )
intervention )
Motion to Intervene as a Defendant
E.F. moves for leave to intervene as a defendant in this action, in order to assert the defenses set forth in his proposed answer, of which a copy is hereto attached, on the ground that he is the employer of defendant C.D., who was operating a motor vehicle in the course of his employment at the time of the accident alleged in the petition, and as such has a defense to plaintiff's claim presenting both questions of law and of fact which are common to the main action.
Signed: ________________________________________________________
Attorney for E.F.,
Applicant for Intervention
Address: ________________________________________________________
Notice of Motion
(Contents the same as in Form 14)
IN THE DISTRICT COURT OF _______________
COUNTY, STATE OF OKLAHOMA
A.B., Plaintiff )
v. )
C.D., Defendant ) No. __________
E.F., Intervenor )
Intervenor's Answer
First Defense
Intervenor denies the allegations stated in paragraphs 1 and 2 of the petition insofar as they assert the negligence of defendant.
Second Defense
Plaintiff was not injured as a result of the negligence of defendant, since plaintiff was crossing the public street against a red stoplight and defendant had the right of way.
Signed: ________________________________________________________
Attorney for E.F.,
Intervenor
Address: ________________________________________________________
Form 21.
ALLEGATION OF REASON FOR OMITTING PARTY
When it is necessary, under subsection C of Section 2019 of this title, for the pleader to set forth in his pleading the names of persons who ought to be made parties, but who are not so made, there should be an allegation such as the one set out below:
John Doe, named in this petition, is not made a party to this action (because he is not subject to the jurisdiction of this court); (because he cannot be made a party to this action without depriving this court of jurisdiction).
Form 22.
SUGGESTION OF DEATH UPON THE RECORD UNDER PARAGRAPH 1 OF SUBSECTION A OF SECTION 2025 OF THIS TITLE
A.B. (describe as a party, or as executor, administrator, or other representative or successor of C.D., the deceased party) suggests upon the record, pursuant to paragraph 1 of subsection A of Section 2025 of this title, the death of C.D. (describe as party) during the pendency of this action.
[FN1] 45 U.S.C.A. § 51 et seq.