Okla. Admin. Code § 340:25-3-3 - Service of process

Current through Vol. 39, No. 14, April 01, 2022

(a) Authority. Oklahoma Human Services Child Support Services (CSS) follows the provisions of Section 2004 of Title 12 of the Oklahoma Statutes (12 O.S. § 2004) for service of process. CSS uses the most cost effective and efficient method of service of process depending on what is most appropriate under the facts of the case.
(b) Service by regular mail to address of record (AOR). Service to the AOR by regular mail may be appropriate when an AOR is on file with the Central Case Registry for a party in the case, per Oklahoma Administrative Code 340:25-5-340. Service to the AOR is not appropriate when the:
(1) remedy sought may result in the obligor's incarceration including, but not limited to, indirect civil contempt actions; or
(2) court may require a higher level of notice to the affected party including, but not limited to, actions to determine paternity.
(c) Service by acknowledgment. CSS delivers the documents directly to a party and requests the party accepts and acknowledges service, as appropriate. The Acknowledgment of Service is filed in the court case.
(d) Service by certified mail. Service is made by certified mail, return receipt requested, and delivery restricted to the addressee. CSS uses service by certified mail when service to the AOR or by Acknowledgment of Service is not appropriate or successful. CSS staff is not required to attempt service by certified mail before attempting personal service when the case history indicates a low probability of acceptance or the court requires personal service.
(e) Service by personal delivery. Service by personal delivery is completed by a sheriff, deputy sheriff, individual licensed to make service of process in civil cases, or an individual specially appointed for that purpose, per 12 O.S. § 2004. CSS uses service by personal delivery when:
(1) an individual has not accepted service by certified mail;
(2) service to the AOR or by acknowledgment is not available or appropriate;
(3) case history indicates a low probability of acceptance of service by certified mail; or
(4) the court requires service by personal delivery.
(f) Diligent efforts. When CSS contracts with vendors for service of process, the vendor must make diligent efforts to complete service and provide timely documentation to CSS. Diligent efforts means at least three-repeated attempts to serve the individual, at different times of day or on different days of the week, before declaring inability to serve. CSS:
(1) attempts to serve process in the manner, at the time, and place most reasonably calculated to complete service of process in the most efficient and cost effective manner;
(2) makes diligent efforts to serve process utilizing all information:
(A) provided by CSS staff;
(B) documented in the case record; or
(C) gathered from other locate resources;
(3) provides address and employer information to the process server;
(4) attempts to serve the person at:
(A) work;
(B) home; or
(C) other locations based on information gathered on his or her lifestyle; and
(5) documents all facts about attempts to serve process in the case record.
(g) Minor noncustodial parent. CSS serves a minor noncustodial parent (NCP) who is:
(1) 15 years of age and older, per 12 O.S. § 2004; or
(2) younger than 15 years of age, through a parent, guardian, or other appropriate adult as the next friend of the minor NCP.
(h) Subsequent electronic service. A Notice of Consent to Electronic Service or recognized substitute must be completed by a party or party's attorney and filed with the court, in accordance with 12 O.S. § 2005(B), and applies to an individual court action. Pleadings asserting new or additional claims require a new Notice of Consent to Electronic Service.

Notes

Okla. Admin. Code § 340:25-3-3

Added at 9 Ok Reg 1413, eff 3-23-92 (emergency) ; Added at 10 Ok Reg 1809, eff 5-13-93 ; Amended at 18 Ok Reg 1226, eff 7-1-01 ; Amended at 23 Ok Reg 1842, eff 7-1-06 ; Amended at 24 Ok Reg 1301, eff 7-1-07 ; Amended at 26 Ok Reg 1245, eff 7-1-09 ; Amended at 30 Ok Reg 643, eff 7-1-13

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017 Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/15/2021

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