The Oklahoma Bar Journal August 2022

(as they have in the field of protective orders). 3) Courts could include plain language informational materials with the sum mons, through the clerk’s office and on their websites.

court users better understand the process and their options. 4 Three straightforward improve ments could help ensure all Oklahomans understand the legal system, especially regarding an issue as important as eviction:

making homelessness rare, brief and non-recurring in Tulsa County. Previously, Ms. Campbell served as assistant city attorney for Enid, staff attorney for the Apache Tribe of Oklahoma civil legal program and as a contract attorney and mentoring attorney for the Native Alliance Against Violence CIRCLE Project. 1. The TU College of Law Terry West Civil Legal Clinic, Batien, T., Beatty, L., Fields, Q., Stout, C., Sweatt, K. and Amit, R. (January 2021). Leveling the Playing Field: Legal, Economic and Policy Considerations in Establishing an Access to Counsel Program for Tulsa’s Eviction Docket at 3. https://bit.ly/3bWJr6L. Management, Zamora, A., Robers, A., Borrud, T., Danser, R., Horvath, C., Kodidine, S., Rickard, E. and Spanner, A. (January 2019). Plain Language Guide: How to Incorporate Plain Language into Court Forms, Websites, and Other Materials at 13. https://bit.ly/3c50NP6. 2. Id. at 5. 3. Id. at 5. 4. National Association for Court ENDNOTES

1) Courts could rely on the legislative direction that

ABOUT THE AUTHORS Katie Dilks is the

forms be in “substantially the same form” as the legisla tive language to create new, accessible forms using plain language (see the side-by-side examples included below). update the Small Claims Civil Procedure Act to either include plain lan guage forms or authorize the administrative office of the courts to develop and make available those forms

executive director of the Oklahoma Access to Justice Foundation and is committed to

building a legal system that works for everyone. She earned her law degree and master’s in public policy from Georgetown University. Shandi Campbell is the

2) The Legislature could

director of the Housing Solutions Landlord Tenant Resource Center, where her work is focused on

CURRENT SUMMONS FORCIBLE ENTRY AND DETAINER

ALTERNATE SUMMONS FORCIBLE ENTRY AND DETAINER (EVICTION) To: [DEFENDANT’S NAME] You are being sued for eviction by [PLAINTIFF’S NAME] from

The State of Oklahoma to the within-named defendant: You are hereby directed to relinquish immediately to the plaintiff herein total possession of the real property described as or to appear and show cause why you should be permitted to retain control and possession thereof. This matter shall be heard at (name or address of building), in , County of , State of Oklahoma, at the hour of o’clock of day of month, 20 , or at the same time and place three (3) days after service hereof, whichever is the latter. (This date shall be not less than five (5) days from the date summons is issued). You are further notified that if you do not appear on the date shown, judgment will be given against you as follows: For the amount of the claim for deficient rent and/or damages to the premises, as it is stated in the affidavit of the plaintiff and for possession of the real property described in said affidavit, whereupon a writ of assistance shall issue directing the sheriff to remove you from said premises and take possession thereof. In addition, a judgment for costs of the action, including attorney’s fees and other costs, may also be given. Dated this day of , 20 .

[ADDRESS]. You may either leave the property immediately, or you can appear in court to explain why you should not be evicted. You are scheduled to appear in court at [COURT ADDRESS] at [TIME] on [DATE]. If you do not appear in court, an eviction judgment will automatically be issued against you, which may include a financial judgment for any rent you owe and the costs of the court proceeding. If an eviction judgment is issued against you by the court, you will be removed from the property by the sheriff. Today’s Date:

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THE OKLAHOMA BAR JOURNAL