The Service of Civil Process is one of the core responsibilities of any Sheriff’s Office.
Civil Process consists of Subpoenas, Evictions, Garnishments, Divorce Papers, Small Claims, Writs, and Executions, Protective Orders and various other Civil Process as well as probate matters. Most of these documents must be served in a timely manner and will in many cases require a response from the defendant back to the court. Many come from other jurisdictions, both in state and from out of state. As the county’s population increases so does the number of civil documents filed in the county.
Clerical workers handle the bulk of the Civil Process received by the Sheriff’s Office.
Forcible Entry Detainer
Forcible Entry Detainer is the leading process in the State of Oklahoma, used by a plaintiff in order to regain possession of his/her real property from a defendant, usually one who has failed to pay rent. This warrant has a 30-day limit.
Writ of Assistance
This writ is issued after the plaintiff receives judgment on a Forcible Entry Detainer Warrant. When the writ is issued, it is the Court Clerks responsibility to contact the Warrants Division to coordinate the eviction details. The Sheriff is responsible for ensuring the peaceful transfer of possession of the real property to the plaintiff. A writ of assistance cannot be filed without an active case in district court.
How to File a Civil Paper
If you wish to file a paper yourself, as a plaintiff or agent in Rogers County, you must:
- Go to the Rogers County Court Clerk’s Office, 200 S Lynn Riggs Blvd, Claremore, OK 74017, (phone 918-923-4961).
- Blank warrants, information forms, and guidance will be furnished to you, but no legal advice will be given. You will be charged a filing fee.
- Be sure all of the information on the defendant is correct and complete, including phone numbers, a work address and employer name if possible.
- In most cases, the warrant will be sent by the Clerk’s office to the Rogers County Sheriff’s Office for service. In most cases, the warrant will be sent by the Clerk’s office to the Rogers County Sheriff’s Office for service. You set your own court date, as long as that date gives the officer a reasonable amount of time to effectively serve the papers to the defendant. It is important for you to include a current phone number for yourself so you can be notified of the Court date.
A body attachment is a Court order empowering the Sheriff to bring the body of an individual to jail or before the Court.
Protective Orders may be filed at the Rogers County Protective Order Office at 200 S Lynn Riggs Blvd, Claremore OK 74017, on the second floor of the courthouse. There may be some instances where a police report is required for a protective order, in this instance the department in the jurisdiction the crimes occurred in would be notified and you would file a report with that office and bring a copy of the report to the protective order office. Once filed, the Sheriff’s Office will take a certified copy of the order and serve the defendant.
To become a guardian, you must:
- file paperwork with the court clerk;
- ask a judge to appoint you the guardian of a minor child; and,
- go to a hearing and show the judge why you should be appointed as the child’s guardian.
Personal Service is actual delivery of the civil process to the person to whom it is directed, or someone authorized to receive it on behalf of the person to whom it is directed. Generally, personal service amounts to hand-delivery as distinguished from other forms of service such as service by mail.
Writ of Habeas Corpus
A Child Custody order is an order by a Court to return custody of a child to the plaintiff. This order must be signed by an Oklahoma judge if originated in another state.