Questions Answered by Doak Willis - Justia Legal Answers

• 13 April 2013Q: What paper does a person need to file to represent self in oklahoma civil court?
  A: There is no particular paper that is mandated to be filed to represent yourself in civil litigation in Oklahoma. However, if you represent yourself, called pro se in legal speak,you must be familiar with all the rules of the District Court in front of whom you will be appearing. Further, you will need a good understanding of all the Oklahoma Rules of Civil Procedure and must follow them correctly. Practice and Pleading forms are generally required in certain formats. Acting as your own attorney, even with a Law Degree, usually is not a good idea.
• 13 April 2013Q: What does dismissed without prejudice mean about a court case against Wells Fargo mean?
  A: Dismissed without prejudice means the Court or a party to an action filed in District Court has dismissed the litigation as to that party or possibly the entire cause of action.Thus, if it was dismissed without prejudice against Wells Fargo, this means Wells Fargo is no longer a litigant in the action but can re-file their cause of action, if they have grounds to do so, in the future. If it is Dismissed with Prejudice , then they would not be capable of re-filing their cause of action in the future. This assumes that the cause of action is between the same parties and involves the same factual basis of the original litigation.
• 13 April 2013Q: I am trying to get a divorce from my husband. I don't know where he is at and he hasn't contacted me in 2yrs.
  A: If you meet the Jurisdictional requirements for filing a petiton for divorce, now called dissolution in Oklahoma,you may file the petiton and conduct a diligent search for the address of your husband in order to attempt to serve him the Dissolution papers.If you have made a diligent effort to locate your spouse in order to serve him with the petiton and service of summons and all efforts have failed in your attempt to locate him, you can file pleadings with the Court setting forth the efforts you have made and the Court may then allow you to publish notice of your filing of the Petiton for Dissolution in a legal Newspaper in the County where you filed your petition. It must be published once a week for three consecutive weeks and meet certain requirements of language that must be included in the notice in order to notify your husband of the filing of your petition. You cannot get a Decree of Dissolution prior to forty one days from the first date the publication notice was published. The publication notice will state a date and time for him to answer your petiton or a Decree of Dissolution will be granted to you. On that date, you may appear before the assigned Judge and request he issue a Judgment for Dissolution of your marriage. All your required paperwork must be correct as well as the proof of publication obtained from the newspaper that your notice was published in which you must file with the District Court Clerk in the County where your Petition was filed. Once the Judge has reviewed the file and the required documents, he will swear you in and will ask certain questions of you pertaining to the Jurisdiction of the Court and your efforts in attempting to locate your spouse in order to serve him. Once the Judge is satisfied that the Court has Jurisdiction and the notice was sufficient pursuant to law, he may grant you a dissolution.
• 13 April 2013Q: What if you have not lived in the state you are filing divorce in for the previous months?
  A: A person seeking a dissolution of marriage in Oklahoma must have been a resident of the state for the previous six months immediately preceding the filing of the petition for dissolution and further must have been a resident of the County in which they are seeking to file their petition for dissolution in Oklahoma for thirty days immediately preceding the filing of the petition. These are the Jurisdictional requirements for filing for a divorce, now termed a dissolution, in Oklahoma.If you do not meet the Jurisdictional requirements, your petiton can be dismissed.
• 19 March 2013Q: ASSAULT & BATTERY WITH A DANGEROUS WEAPON , in violation of 21 O.S. 645 how long is someone looking at for this?
  A: 21 O.S. 645 sets the punishment, if convicted, at up to one year in the county jail or up to ten years in the state penitentiary.
• 14 December 2012Q: If you were convicted of a crime in 1987, can they use that against you in 2012?
  A: The answer depends on the type crime the person was convicted upon. If the term of sentence for the crime was completed more than ten (10) years prior to the new crime the person is being charged with, the old crime cannot be used for enhancement purposes.