Order Regarding the Coronavirus Aid, Relief, and Economic Security Act

Summary

The Supreme Court of Oklahoma adopted a temporary pleading requirement for eviction actions filed on or after March 27, 2020, requiring plaintiffs to affirmatively plead whether the property is a covered dwelling under Section 4024 of the CARES Act. The order requires use of a verification form and remains effective until further order of the Court; Justice Rowe dissented.

Holdings

1. Pursuant to its superintending authority under Article 7, Section 4 of the Oklahoma Constitution, the Supreme Court of Oklahoma required plaintiffs filing a petition for forcible entry and detainer or an affidavit for possession on or after March 27, 2020, to affirmatively plead whether the property involved is a covered dwelling under the CARES Act.
2. The Court mandated use of the attached Verification of Compliance with Section 4024 of the CARES Act for new filings and required plaintiffs to supplement pending cases lacking the verification, until further order of the Court.

Questions Presented

1. Whether the Supreme Court of Oklahoma should require plaintiffs in residential eviction actions to plead whether the property is a covered dwelling under the CARES Act.
2. Whether the Court should require a verification of compliance with Section 4024 of the CARES Act in covered eviction proceedings.

Disposition

other