Current through Vol. 39, No. 14, April 01, 2022
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.
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
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;
(2) court may require a higher
level of notice to the affected party including, but not limited to, actions to
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
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 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
(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
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;
makes diligent efforts to serve process
utilizing all information:
(A) provided by
(B) documented in the
case record; or
(C) gathered from
other locate resources;
(3) provides address and employer information
to the process server;
to serve the person at:
(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.
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.
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.
Okla. Admin. Code §
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
Register, Volume 34, Issue 24, September 1, 2017, eff.
Register, Volume 38, Issue 24, September 1, 2021, eff.