§ 28-152 — Flat fee schedule - In forma pauperis.

Oklahoma § 28-152

• Jurisdiction: Oklahoma
• Title 28: Fees

Text

A. In any civil case filed in a district court, the court clerk shall collect, at the time of filing, the following flat fees, none of which shall ever be refundable, and which shall be the only charge for court costs, except as is otherwise specifically provided for by law: 1. Actions for divorce, alimony without divorce, separate maintenance, custody or support......................$183.00 2. Any ancillary proceeding to modify or vacate a divorce decree providing for custody or support..............$43.00 3. Probate and guardianship..............................$135.00 4. Annual guardianship report.............................$33.00 5. Any proceeding for sale or lease of real or personal property or mineral interest in probate or guardianship...................................................$43.00 6. Any proceeding to revoke the probate of a will...........................................................$43.00 7. Judicial determination of death........................$58.00 8. Adoption..............................................$105.00 9. Civil actions for an amount of Ten Thousand Dollars ($10,000.00) or less and condemnation.................$150.00 10. Civil actions for an amount of Ten Thousand One Dollars ($10,001.00) or more .............................$163.00 11. Garnishment...........................................$23.00 12. Continuing wage garnishment...........................$63.00 13. Any other proceeding after judgment...................$33.00 14. All others, including but not limited to actions for forcible entry and detainer, judgments from all other courts, including the Workers’ Compensation Court.............................................$85.00 15. Notice of renewal of judgment.........................$23.00 B. In addition to the amounts collected pursuant to paragraphs 1, 3, 7, 8, 9, 10 and 14 of subsection A of this section, the sum of Six Dollars ($6.00) shall be assessed and credited to the Law Library Fund. C. In addition to the amounts collected pursuant to subsections A and B of this section, the sum of Twenty-five Dollars ($25.00) shall be assessed and credited to the Oklahoma Court Information System Revolving Fund created pursuant to Section 1315 of Title 20 of the Oklahoma Statutes. D. In addition to the amounts collected pursuant to subsection A of this section, the sum of Ten Dollars ($10.00) shall be assessed and credited to the Oklahoma court-appointed special advocates (OCASA). E. In addition to the amounts collected pursuant to subsection A of this section, the sum of Two Dollars ($2.00) shall be assessed and credited as follows: 1. One Dollar and fifty-five cents ($1.55) of such amount shall be credited to the Council on Judicial Complaints Revolving Fund; and 2. Forty-five cents ($0.45) of such amount shall be credited to the Supreme Court Revolving Fund and may be budgeted and expended by the Supreme Court for expenses lawfully incurred for providing qualified courtroom interpreter services in the district courts, for credentialing and training Oklahoma courtroom interpreters, and for any other expenditures determined by the Supreme Court to be necessary to provide language access in the district courts as required by state and federal law. Payments of expenses may be made after the claim or expense is approved by the Chief Justice of the Supreme Court or another justice designated by the Chief Justice. F. In addition to the amounts collected pursuant to paragraphs 1, 3, 8, 9, 10 and 14 of subsection A of this section, each county may assess, upon approval by the board of county commissioners, a sum not to exceed Ten Dollars ($10.00) per case to be credited to the Sheriff’s Service Fee Account in the county in which the action arose for the purpose of enhancing existing or providing additional courthouse security. G. Until November 1, 2027, in addition to the amounts collected pursuant to subsection A of this section, the sum of Ten Dollars ($10.00) shall be assessed and credited to the Court Clerk’s Records Management and Preservation Fund created in Section 31.3 of this title. H. In any case in which a litigant claims to have a just cause of action and that, by reason of poverty, the litigant is unable to pay the fees and costs provided for in this section and is financially unable to employ counsel, upon the filing of an affidavit in forma pauperis executed before any officer authorized by law to administer oaths to that effect and upon satisfactory showing to the court that the litigant has no means and is, therefore, unable to pay the applicable fees and costs and to employ counsel, no fees or costs shall be required. The opposing party or parties may file with the court clerk of the court having jurisdiction of the cause an affidavit similarly executed contradicting the allegation of poverty. In all such cases, the court shall promptly set for hearing the determination of eligibility to litigate without payment of fees or costs. Until a final order is entered determining that the affiant is ineligible, the clerk shall permit the affiant to litigate without payment of fees or costs. Any litigant executing a false affidavit or counter affidavit pursuant to the provisions of this section shall be guilty of perjury. I. Payments to the court clerk for fees and costs assessed pursuant to this section may be made by a nationally recognized credit or debit card or other electronic payment method as provided in paragraph 1 of subsection B of Section 151 of this title.

Legislative History

Added by Laws 1968, c. 359, § 2, eff. July 1, 1968. Amended by Laws 1969, c. 202, § 1, emerg. eff. April 18, 1969; Laws 1975, c. 293, § 2, eff. Oct. 1, 1975; Laws 1978, c. 212, § 9, eff. July 1, 1978; Laws 1983, c. 273, § 7, operative July 1, 1983; Laws 1987, c. 181, § 2, eff. July 1, 1987; Laws 1988, c. 329, § 128, eff. Nov. 1, 1988; Laws 1989, c. 236, § 4, eff. July 1, 1989; Laws 1990, c. 109, § 2, eff. Sept. 1, 1990; Laws 1995, c. 286, § 9, eff. July 1, 1995; Laws 1997, c. 320, § 5, eff. Nov. 1, 1997; Laws 1997, c. 366, § 54, eff. Nov. 1, 1997; Laws 2000, c. 38, § 4, emerg. eff. April 7, 2000; Laws 2001, c. 404, § 5, eff. Nov. 1, 2001; Laws 2003, c. 440, § 4, eff. July 1, 2003; Laws 2004, c. 525, § 3, eff. July 1, 2004; Laws 2005, c. 192, § 4, eff. Nov. 1, 2005; Laws 2007, c. 247, § 2, eff. July 1, 2007; Laws 2010, c. 420, § 1, eff. July 1, 2010; Laws 2011, c. 114, § 1, eff. Nov. 1, 2011; Laws 2015, c. 384, § 1, eff. Nov. 1, 2015; Laws 2016, c. 210, § 13, emerg. eff. April 26, 2016; Laws 2016, c. 362, § 3, eff. July 1, 2016; Laws 2019, c. 38, § 1, eff. Nov. 1, 2019; Laws 2019, c. 354, § 7, eff. July 1, 2019; Laws 2021, c. 491, § 1, eff. Nov. 1, 2021; Laws 2022, c. 237, § 1, eff. July 1, 2022; Laws 2025, c. 87, § 1, eff. Nov. 1, 2025. NOTE: Laws 2015, c. 323, § 1 repealed by Laws 2016, c. 210, § 14, emerg. eff. April 26, 2016.