Title Examination Standards
Chapter 1, App.
Chapter 2. The Abstract
§2.2. Transcripts of Court Proceedings.

Transcripts of court proceedings affecting real estate certified by a court clerk or abstractor are equally satisfactory and should be accepted by the examining attorney.

Authority: 20 O.S. § 1005; 12 O.S. §§ 2902, 3001, 3002, 3003 & 3005; 28 O.S. § 31; 19 O.S. § 167; 74 O.S. §§ 227.14 & 227.29; Op. Atty. Gen. No. 80-95 (July 31, 1980); Arnold v. Board of Com'rs. of Creek County, 124 Okla. 42, 254 P. 31 (1926). Comment: Court clerks are directed to retain or microfilm all records on file in their offices, 20 O.S. § 1005, and are authorized to make certified copies of and authenticate such documents, 28 O.S. § 31. Such certified or authenticated documents are admissible in evidence, 12 O.S. §§ 2902, 3001,3003 & 3005. Abstractors are required to be bonded or maintain errors and omissions insurance in specified amounts, 74 O.S. § 227.14. Court clerks are required to be bonded under the county officers' blanket bond, 19 O.S. § 167; Op. Atty. Gen. No. 80-95 (July 31, 980). The five year statute of limitations applies to both bonds. The statute begins to run as to the court clerk's bond from the accrual of the cause of action, Arnold v. Board of Com'rs. of Creek County, supra . The statute begins to run as to the abstractor's bond or errors and omissions insurance from the date of issuance of the abstract certificate, 74 O.S. § 227.29.

Adopted as 21, November 16, 1946, 17 O.B.A.J. 1729 (1946), printed id. at 1754; became 27 on renumbering in 1948, 19 O.B.A.J. 228. (1948). Present form substituted for original as per Resolution 4, 1967 Real Property Committee, 38 O.B.A.J. 2394 (1967) and printed as Exhibit A, id. at 2395 and without exhibit designation as a proposed standard, id . at 2319. The proposal was approved by the Real Property Section and adopted by the House of Delegates on December 1, 1967, 38 O.B.A.J. 2603 (1967).

The 1946 form, as indicated in the 1967 form, disapproved of the acceptance of certification of transcripts of court proceedings by court clerks.

The 1984 Title Examination Standards Committee recommended the repeal of this standard in its Report, 55 O.B.J. 1817 (1984). The recommendation was approved by the Real Property Section, November 1, 1984, and adopted by the House of Delegates November 2, 1984. It was explained at the annual Section meeting that the legislation relied upon in making the 1967 revision of the standard had been repealed and that additional time was needed to study what form a new standard on the subject should take.

The report of the 1987 Title Examination Standards Committee recommended the readoption of this as the body of this standard in the same language in which it stood at the time of its repeal in 1984. Research revealed that there was still adequate statutory authority to support the standard in its prior form. This authority is set out in the new "Authority" and "Comment". The proposal of the Committee is to be found at 58 O.B.A.J. 2839 (1987). The recommendation was approved by the Real Property Section, November 12, 1987, and adopted by the House of Delegates, November 13, 1987.