Title 12, Title 12 — Civil Procedure

A. An arbitrator shall make a record of an award. The award may, or may not, contain the evidence and conclusion upon which the award was based unless the agreement of the parties specifies the type of award to be issued. The record shall be signed or otherwise authenticated by a…

A. On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award: 1. Upon a ground stated in paragraph 1 or 3 of subsection A of Section 25 of this act; 2. Because the arbitrator has not made a final and definite award upon a cl…

A. An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim. B. An a…

After a party to an arbitration proceeding receives notice of an award, the party may make an application and motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected pursuant to Section…

A. Upon an application and motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if: 1. The award was procured by corruption, fraud, or other undue means; 2. There was: a. evident partiality by an arbitrato…

A. Upon application and motion made within ninety (90) days after movant receives notice of the award pursuant to Section 20 of this act or within ninety (90) days after the movant receives notice of a modified or corrected award pursuant to Section 21 of this act, the court shal…

A. Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment in conformity therewith. The judgment may be recorded, docketed, and enforced as any other judgment in a civil action. B. A court may …

A. A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate. B. An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under the Unifor…

An application and motion pursuant to Section 6 of this act must be made in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which it was held. Otherwise, th…

A. An appeal may be taken from: 1. An order denying a motion to compel arbitration; 2. An order granting a motion to stay arbitration; 3. An order confirming or denying confirmation of an award; 4. An order modifying or correcting an award; 5. An order vacating an award without d…

A. In applying and construing the Uniform Arbitration Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. B. In applying and construing the Uniform Arbitration Act, to the extent permitted by…

National Commerce Act. The provisions of the Uniform Arbitration Act governing the legal effect, validity, and enforceability of electronic records or electronic signatures, and of contracts performed with the use of such records or signatures shall conform to the requirements of…

Extension - Exemption. A. 1. In any civil action for negligence wherein the plaintiff shall be required to present the testimony of an expert witness to establish breach of the relevant standard of care and that such breach of duty resulted in harm to the plaintiff, except as pro…

A. When a plaintiff requests an indigency exemption from providing an affidavit of merit in a civil action for negligence pursuant to Section 2 of this act, such person shall submit an appropriate application to the court clerk, on a form created by the Administrative Director of…

debt. A. For purposes of this section, “hospital price transparency laws” means: 1. Section 2718(e) of the Public Health Service Act, 42 U.S.C., Section 300gg-18, as amended, and rules adopted by the United States Department of Health and Human Services implementing Section 2718(…

The common law, as modified by constitutional and statutory law, judicial decisions and the condition and wants of the people, shall remain in force in aid of the general statutes of Oklahoma; but the rule of the common law, that statutes in derogation thereof, shall be strictly …

A. As used in this section: 1. "Foreign law" means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction's courts, adminis…

SCOPE OF THE OKLAHOMA PLEADING CODE The Oklahoma Pleading Code governs the procedure in the district courts of Oklahoma in all suits of a civil nature whether cognizable as cases at law or in equity except where a statute specifies a different procedure. It shall be construed to …

ONE FORM OF ACTION There shall be one form of action to be known as "civil action". Added by Laws 1984, c. 164, § 2, eff. Nov. 1, 1984.

COMMENCEMENT OF ACTION A civil action is commenced by filing a petition with the court. Added by Laws 1984, c. 164, § 3, eff. Nov. 1, 1984.

OMMENCEMENT OF ACTIONS BY INMATES A. Petitions, motions, or other pleadings filed by an inmate as defined in paragraph 2 of subsection B of Section 566 of Title 57 of the Oklahoma Statutes appearing pro se shall be on forms approved by the district court and supplied without char…

related suit – Correction of deficit. COMMENCEMENT OF ACTION BASED ON CONSTRUCTION-RELATED ACCESSIBILITY CLAIM. A. Prior to filing a civil action based on a construction- related accessibility claim that a facility does not conform with applicable law, codes and standards for fac…

claim. COMMENCEMENT OF ACTION BASED ON WEBSITE ACCESSIBILITY CLAIM A. Prior to filing any civil action or a petition for injunctive relief based on a claim that an organization's website does not conform with applicable law, codes and standards for websites for the visually or he…

PROCESS A. SUMMONS: ISSUANCE. Upon filing of the petition, the clerk shall forthwith issue a summons. Upon request of the plaintiff separate or additional summons shall issue against any defendants. B. SUMMONS: FORM. 1. The summons shall be signed by the clerk, be under the seal …

SUBPOENA A. SUBPOENA; FORM; ISSUANCE. 1. Every subpoena shall: a. state the name of the court from which it is issued and the title of the action, and b. command each person to whom it is directed to attend and give testimony or to produce and permit inspection, copying, testing …

NOTICE OF PENDENCY OF ACTION A. Upon the filing of a petition, the action is pending so as to charge third persons with notice of its pendency. While an action is pending, no third person shall acquire an interest in the subject matter of the suit as against the prevailing party'…

- Deadlines - Not applicable to documents filed with clerk. A. In lieu of mailing a copy of process or other papers by certified mail, return receipt requested and delivery restricted to the addressee as required or allowed by this title, a party or attorney may send the same by …

SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS A. SERVICE: WHEN REQUIRED. Except as otherwise provided in this title, every order required by its terms to be served, every pleading subsequent to the original petition unless the court otherwise orders because of numerous defenda…

SERVICE OF POSTJUDGMENT MOTIONS IN DIVORCE ACTIONS All postjudgment motions pertaining to divorce proceedings shall be served in accordance with subsection C of Section 2004 of Title 12 of the Oklahoma Statutes. Added by Laws 1986, c. 122, § 1, operative August 1, 1986.

- Address of record. ENTRY OF APPEARANCE; OUT-OF-STATE COUNSEL; WITHDRAWAL; ADDRESS OF RECORD A. ENTRY OF APPEARANCE. Every party to any civil proceeding in the district courts shall file an entry of appearance by counsel or personally as an unrepresented party when no other plea…

TIME A. COMPUTATION. 1. In computing any period of time prescribed or allowed by this title, by the rules of any court of this state, or by order of a court of this state, the day of the act, event, or default from which the designated period of time begins to run shall not be in…

PLEADINGS ALLOWED; FORM OF MOTIONS A. PLEADINGS. There shall be a petition and an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim denominated as such; a third- party petition, if a person who was not an origi…

GENERAL RULES OF PLEADING A. CLAIMS FOR RELIEF. A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim or third-party claim, shall contain: 1. A short and plain statement of the claim showing that the pleader is entitled to relief; an…

PLEADING SPECIAL MATTERS A. CAPACITY. It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party. When a party …

FORM OF PLEADINGS A. CAPTION; NAMES OF PARTIES. Every pleading shall contain a caption setting forth the name of the court, the title of the action, the file number, and a designation as in subsection A of Section 7 of this act. In the petition the title of the action shall inclu…

SIGNING OF PLEADINGS A. SIGNATURE. Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the individual name of the attorney, whose Oklahoma Bar Association identification number shall be stated, or, if the party is not represented …

contract - Award of costs and attorney fees. In any action not arising out of contract, the court may, upon ruling on a motion to dismiss an action or a motion for summary judgment or subsequent to adjudication on the merits, determine whether a claim or defense asserted in the a…

pleading or motion. DEFENSES AND OBJECTIONS; WHEN AND HOW PRESENTED; BY PLEADING OR MOTION A. WHEN PRESENTED. 1. Unless a different time is prescribed by law, a defendant shall serve an answer: a. within twenty (20) days after the service of the summons and petition upon the defe…

COUNTERCLAIM AND CROSS-CLAIM A. COMPULSORY COUNTERCLAIMS. A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the o…

THIRD-PARTY PRACTICE A. WHEN DEFENDANT MAY BRING IN THIRD PARTY. At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a summons and petition to be served upon a person not a party to the action who is or may be liable to him for al…

AMENDED AND SUPPLEMENTAL PLEADINGS A. AMENDMENTS. A party may amend his or her pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon th…

PRETRIAL PROCEDURE; FORMULATING ISSUES In the absence of specific superseding legislation, the procedures for conducting pretrial conferences shall be governed by rules promulgated by the Supreme Court of Oklahoma. Added by Laws 1984, c. 164, § 16, eff. Nov. 1, 1984.

PARTIES PLAINTIFF AND DEFENDANT; CAPACITY A. REAL PARTY IN INTEREST. Every action shall be prosecuted in the name of the real party in interest. An executor, administrator, guardian, bailee, trustee of an express trust, a party with whom or in whose name a contract has been made …

JOINDER OF CLAIMS AND REMEDIES A. JOINDER OF CLAIMS. A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or third-party claim, may join, either as independent or as alternate claims, as many claims, legal or equitable, as he has against an opposin…

JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION A. PERSONS TO BE JOINED IF FEASIBLE. A person who is subject to service of process shall be joined as a party in the action if: 1. In his absence complete relief cannot be accorded among those already parties; or 2. He claims an int…

PERMISSIVE JOINDER OF PARTIES A. PERMISSIVE JOINDER. 1. All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative: a. in respect of or arising out of the same transaction or occurrence, or b. if the claims arise …

MISJOINDER AND NONJOINDER OF PARTIES Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a…

INTERPLEADER A. Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claims of …

CLASS ACTIONS A. PREREQUISITES TO A CLASS ACTION. One or more members of a class may sue or be sued as representative parties on behalf of all only if: 1. The class is so numerous that joinder of all members is impracticable; 2. There are questions of law or fact common to the cl…

DERIVATIVE ACTIONS BY SHAREHOLDERS In a derivative action brought by one or more shareholders or members to enforce a right of a corporation or of an unincorporated association, the corporation or association having failed to enforce a right which may properly be asserted by it, …