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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2098 By: Menz
AS INTRODUCED
An Act relating to amending 28 O.S. 2021, Section
152, as amended by Section 1, Chapter 237, O.S.L.
2022 (28 O.S. Supp. 2024, Section 152), which relates
to court filing fees; increasing the flat fee for
filing of forcible entry and detainer suit; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 28 O.S. 2021, Section 152, as
amended by Section 1, Chapter 237, O.S.L. 2022 (28 O.S. Supp. 2024,
Section 152), is amended to read as follows:
Section 152. 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
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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. Forcible entry and detainer .........................$100.00
15. 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. 16. 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, and 15 of subsection A of this section,
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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 Five Dollars ($5.00) shall be assessed
and credited to the Oklahoma court-appointed court appointed special
advocates (OCASA) (CASA).
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
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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, and 15 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
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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.
SECTION 2. This act shall become effective November 1, 2025.
60-1-10820 JL 12/09/24