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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1758 By: Jett
AS INTRODUCED
An Act relating to civil procedure; amending 12 O.S.
2021, Section 993, which relates to appeals from
certain orders; authorizing certain appeal; requiring
certain notice; requiring certain prompt decision;
prohibiting certain stay of proceedings; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 993, is
amended to read as follows:
Section 993. A. When an order:
1. Discharges, vacates, or modifies or refuses to discharge,
vacate, or modify an attachment;
2. Denies a temporary or permanent injunction, grants a
temporary or permanent injunction except where granted at an ex
parte hearing, or discharges, vacates, or modifies or refuses to
discharge, vacate, or modify a temporary or permanent injunction;
3. Discharges, vacates, or modifies or refuses to discharge,
vacate, or modify a provisional remedy which affects the substantial
rights of a party;
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4. Appoints a receiver except where the receiver was appointed
at an ex parte hearing, refuses to appoint a receiver, or vacates or
refuses to vacate the appointment of a receiver;
5. Directs the payment of money pendente lite except where
granted at an ex parte hearing, refuses to direct the payment of
money pendente lite, or vacates or refuses to vacate an order
directing the payment of money pendente lite;
6. Certifies or refuses to certify an action to be maintained
as a class action;
7. Denies a motion in a class action asserting lack of
jurisdiction because an agency of this state has exclusive or
primary jurisdiction of the action or a part of the action, or
asserting that a party has failed to exhaust administrative
remedies, but only if the class is subsequently certified and only
as part of the appeal of the order certifying the class action; or
8. Grants a new trial or opens or vacates a judgment or order,
the party aggrieved thereby may appeal the order to the Supreme
Court without awaiting the final determination in said cause, by
filing the petition in error and the record on appeal with the
Supreme Court within thirty (30) days after the order prepared in
conformance with Section 696.3 of this title, is filed with the
court clerk. If the appellant did not prepare the order, and
Section 696.2 of this title required a copy of the order to be
mailed to the appellant, and the court records do not reflect the
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mailing of a copy of the order to the appellant within three (3)
days, exclusive of weekends and holidays, after the filing of the
order, the petition in error may be filed within thirty (30) days
after the earliest date on which the court records show that a copy
of the order was mailed to the appellant. The Supreme Court may
extend the time for filing the record upon good cause shown.
B. If the order discharges or modifies an attachment or
temporary injunction and it becomes operative, the undertaking given
upon the allowance of an attachment or temporary injunction shall
stay the enforcement of said order and remain in full force until
final order of discharge shall take effect.
C. If a receiver shall be or has been appointed, upon the
appellant filing an appeal bond, with sufficient sureties, in such
sum as may have been required of the receiver by the court or a
judge thereof, conditioned for the due prosecution of the appeal and
the payment of all costs or damages that may accrue to the state or
any officer or person by reason thereof, the authority of the
receiver shall be suspended until the final determination of the
appeal, and if the receiver has taken possession of any property,
real or personal, it shall be returned and surrendered to the
appellant upon the filing and approval of the bonds.
D. In addition to other appeals authorized by law, a party may
appeal from any of the following interlocutory orders:
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1. An order that grants, modifies, denies, or refuses a
temporary order in any suit affecting the parent-child relationship,
including, but not limited to, temporary orders regarding:
a. conservatorship or legal custody,
b. possession or visitation,
c. child support or spousal support,
d. protective orders involving a parent or child, and
e. the rights and duties of a parent;
2. A notice of appeal pursuant to this subsection shall be
filed within twenty (20) days of the date the temporary order is
signed;
3. Upon a showing of good cause, including, but not limited to,
lack of notice or representation at the time of the order, the
appellate court shall extend the time for filing a notice of appeal
pursuant to this subsection by no more than ten (10) additional
days;
4. An appeal pursuant to this subsection shall be given
priority status by the appellate court. The court shall expedite
briefing and render a decision as promptly as practicable; and
5. An appeal pursuant to this subsection shall not stay
proceedings in the trial court unless the appellate court orders a
stay.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-2-3169 CN 1/14/2026 3:03:23 PM