Definition of a Legal Newspaper
Title 25, Okla. Statute 106 (Effective November 1, 1983)
No legal notice, advertisement, or publication of any kind required or provided for by the laws of this state to be published in a newspaper shall have force or effect unless published in a legal newspaper of the county. A legal newspaper of the county is any newspaper which, during a period of one hundred four (104) consecutive weeks immediately prior to the first publication of such notice, advertisement or publication:
has maintained a paid general subscription circulation in the county; and
- has been admitted to the United States mails as paid second-class mail matter; and
- has been continuously and uninterruptedly published in the county.
If there is no legal newspaper in a county, then all legal notices, advertisements, or publications of any kind required or provided for by the laws of this state shall be published in a legal newspaper in an adjoining county of this state, which newspaper has general circulation in the county or political subdivision in which such notice is required.
Nothing in this section shall invalidate the publication of such legal notices, advertisements, or publications in a newspaper which has moved its place of publication from one location in the county to another location in the same county without breaking the continuity of its regular issues for the requisite length of time, or the name of which may have been changed when said change of location was made as permitted by United States postal laws and regulations.
Failure to issue or publish said newspaper for a period of fourteen (14) days due to fire, accident or another unforeseen cause, or by reason of the pendency of mortgage foreclosure, attachment, execution, or other legal proceedings against the type, presses, or other personal property used by the newspaper, shall not be deemed a failure to maintain continuous and consecutive publication as required by the provisions of this section, nor shall said failure invalidate the publication of a notice otherwise valid.
Failure to issue or publish a newspaper qualified to publish legal notices, advertisements, or publications of any kind, for a period totaling not more than fourteen (14) consecutive days during a calendar year shall not be deemed a failure to maintain continuous and consecutive publication as required by the provisions of this section, nor shall said failure invalidate the publication of a notice otherwise valid.
Laws 1943, p. 85, § 1; Laws 1949, p. 213, § 1; Laws 1967, c. 63, §1, eff. April 17, 1967; Laws 1969, c. 43, § 1 emerg. eff. Feb. 20, 1969; Laws 1973, c. 5, § 1, emerg. eff. March 6, 1973; Laws 1983, c. 22, § 1, eff. Nov. 1, 1983.
Attorney General Opinions
1981 OK AG 181, ¶5
(July 22, 1981)
It is ... the official opinion of the Attorney General that in order to qualify to publish an effective legal notice under 25 O.S., § 106 (1973), a newspaper must not only be published for one-hundred four (104) consecutive weeks immediately prior to the publication of the notice, but must also for that same period, meet the other qualifications set out in Subsection (a) through (d) of that statutory section.
2002 OK AG 10, ¶ 25
- ‘admitted to the United States mails as paid second class mail matter’ refers to periodicals publications.
- A newspaper cannot be a legal newspaper in more than one county in this State when the other county has at least one legal newspaper.
- Except where an adjoining county has no legal newspaper, ... the newspaper of a county is only a legal newspaper in the county where the original entry for periodicals mailing privileges is authorized...
- A newspaper that accepts legal notices is required to publish legal notices in every edition or copy of the newspaper that is published on the day of the notice.