Library: Policy

340:2-28-33. Default and agreed judgements

Revised 9-15-21

(a) A default judgment or administrative order may be entered, without formal motion or notice of taking of default, when:

(1) after statutory requirements for service have been met, a party fails to:

(A) appear for a set hearing date;

(B) file a responsive pleading; or

(2) having requested a hearing, the obligor fails to make an appearance at the hearing. • 1

(b) Documents filed in support of the proposed default judgment are:

(1) proof of service;

(2) Servicemember's affidavit in accordance with the Servicemember's Civil Relief Act of 2003 and Department of Defense Status Report;

(3) Proof of breach of payment, when basis of claim;

(4) Copy of underlying order(s), when basis of claim;

(5) Amount of debt, including principle and interest;

(6) proof of paternity/maternity, when available and when basis of claim; and

(7) any other item specifically requested by the assigned judge.

(c) An agreed judgment or administrative order may be entered upon the basis of mutual intent of all parties in accord with the law, as evidenced by their signatures or by an authorized representation, on the document or in open court, that one or more parties has waived signature. The following documents are filed in support of the proposed agreed judgment:

(1) Copy of underlying order(s), when basis of claim;

(2) proof of paternity/maternity, when available and when basis of claim; and

(3) any other item specifically requested by the assigned judge.

INSTRUCTIONS TO STAFF 340:2-28-33

Revised 7-1-07

1. Default judgment.

(1) For example, a default judgment may be entered when the noncustodial parent (NCP) fails to appear for genetic testing under an order entered by the Director of the Oklahoma Department of Human Services under Section 240.23 of Title 56 of the Oklahoma Statutes.

(2) A default paternity order is not entered when the:

(A) NCP has entered a general appearance in the action by submitting to genetic testing; and

(B) custodian or mother fails to submit herself or her child for genetic testing after being ordered to appear.