Dist. Ct. R. 8.2

Oklahoma Statutes

Title 12. Civil Procedure

Chapter 2.--Appendix. Rules for District Courts of Oklahoma


Rule 8.2. Decrees, Orders or Judgments Affecting Indian Children--Compliance with Certain Laws


All decrees of adoption, divorce or separate maintenance where custody of a minor Indian child or children is given to a third party, all orders of adjudication in juvenile proceedings, termination of parental rights and all final orders in Habeas Corpus and guardianship of the person proceedings resulting in the adjudication of status, custody or wardship of minor children, shall contain a finding of compliance with 25 U.S.C.A. 1901 et seq. (Indian Child Welfare Act of 1978), 10 O.S. 1601 et seq.  (Uniform Child Custody Jurisdiction Act).


The trial court shall in all such proceedings make findings of fact as to the child's correct, full legal name and date of birth and all instruments memorializing such decrees, orders and judgments as required by 12 O.S. 32.2 shall recite the findings required hereby.

 


Okla. Stat. tit. 12 § 575.1

Oklahoma Statutes

Title 12. Civil Procedure

Chapter 11. Trial

Jury Trials


§ 575.1. Selection of jury in discretion of court--Manner


Notwithstanding other methods authorized by law, the trial judge may direct in his discretion that a jury in a civil case be selected in the following manner:


(a) if the case be triable to a twelve-man jury, eighteen prospective jurors shall be called and seated in the box and then examined on voir dire;  when eighteen such prospective jurors have been passed for cause, each side of the lawsuit shall exercise its peremptory challenges out of the hearing of the jury by alternately striking three names from the list of those so passed for cause, and the remaining twelve persons shall be sworn to try the case;


(b) if the case be triable to a six-man jury, twelve prospective jurors shall be called and seated in the box and then examined on voir dire;  when twelve such prospective jurors have been passed for cause, each side of the lawsuit shall exercise its peremptory challenges out of the hearing of the jury by alternately striking three names from the list of those so passed for cause, and the remaining six persons shall be sworn to try the case.


If there be more than one defendant in the case, and the trial judge determines on motion that there is a serious conflict of interest between them, he may, in his discretion, allow each defendant to strike three names from the list of jurors seated and passed for cause.  In such case he shall appropriately increase the number of jurors initially called and seated in the box for voir dire examination.

 


Okla. Stat. tit. 43 § 551-104

Oklahoma Statutes

Title 43. Marriage and Family

Uniform Child Custody Jurisdiction and Enforcement Act

Article 1. General Provisions


§ 551-104. Application to Indian tribes


APPLICATION TO INDIAN TRIBES

A. A child custody proceeding that pertains to an Indian child as defined in the Oklahoma Indian Child Welfare Act,  [FN1] is not subject to this act [FN2] to the extent that it is governed by the Oklahoma Indian Child Welfare Act.


B. A court of this state shall treat a tribe as if it were a state of the United States for purposes of applying Articles 1 and 2 of this act. [FN3]


C. A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this act must be recognized and enforced under Article 3 of this act.  [FN4]


[FN1]  Title 10, § 40 et seq.


[FN2]  Title 43, § 551-101 et seq.


[FN3]  Title 43, §§ 551-101 et seq. and 551-201 et seq.


[FN4]  Title 43, § 551-301 et seq.

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