Title 12, Title 12 — Civil Procedure

ACTIONS RELATING TO UNINCORPORATED ASSOCIATIONS An action brought by or against the members of an unincorporated association as a class by naming certain members as representative parties may be maintained only if it appears that the representative parties will fairly and adequat…

INTERVENTION A. INTERVENTION OF RIGHT. Upon timely application anyone shall be permitted to intervene in an action: 1. When a statute confers an unconditional right to intervene; or 2. When the applicant claims an interest relating to the property or transaction which is the subj…

SUBSTITUTION OF PARTIES A. DEATH. 1. If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or representatives of the deceased party and, together…

injury to child. The parent or parents having the right to recover damages for an injury to a minor child may assign to said child their right to recover said damages, and where the parent or parents of a minor child bring an action as guardian or guardian ad litem or next friend…

FORMS The forms contained in Section 29 of this act, the Appendix of Forms, are sufficient under the Oklahoma Pleading Code and are intended to indicate the simplicity and brevity of statement which the Oklahoma Pleading Code contemplates. Added by Laws 1984, c. 164, § 28, eff. N…

APPENDIX OF FORMS Form 1. SUMMONS IN THE DISTRICT COURT OF ________________ COUNTY, STATE OF OKLAHOMA A.B., Plaintiff ) v. ) No. ___________ C.D., Defendant ) Summons To the above-named Defendant: You have been sued by the above-named plaintiff, and you are directed to file a wri…

A. BY A CLAIMING PARTY. A party claiming relief may move, with or without supporting affidavits, for summary judgment on all or part of the claim. The motion may be filed at any time after twenty (20) days have passed from commencement of the action or the opposing party serves a…

This act shall be known and may be cited as the Oklahoma Evidence Code. Added by Laws 1978, c. 285, § 101, eff. Oct. 1, 1978.

This Code shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined. Added by Laws 1978, c. …

A. Except as otherwise provided in subsection B of this section, this Code shall apply in both criminal and civil proceedings, conducted by or under the supervision of a court, in which evidence is produced. B. The rules set forth in this Code, other than those applicable to a va…

A. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of a party is affected, and: 1. If the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, i…

A. Preliminary questions concerning the qualifications of a person to be a witness, the existence of a privilege or the admissibility of evidence shall be determined by the court, subject to the provisions of subsections B and C of this section. B. A person claiming a privilege m…

When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court shall upon request restrict the evidence to its proper scope and instruct the jury accordingly. Added by Laws 1978, c. 285, § …

When a record or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part or any other record that should in fairness be considered contemporaneously with it. Added by Laws 1978, c. 285, § 107, eff. Oct. 1, 1978. Amended …

The clerk of the district court shall keep an appearance docket, a trial docket, a journal and such other records as may be ordered by the court or required by law. R.L. 1910, § 5322. Amended by Laws 1988, c. 102, § 2, eff. Nov. 1, 1988; Laws 1990, c. 251, § 18, eff. Jan. 1, 1991…

A. Judicial notice shall be taken by the court of the common law, constitutions and public statutes in force in every state, territory and jurisdiction of the United States. B. Judicial notice may be taken by the court of: 1. Private acts and resolutions of the Congress of the Un…

A. This section governs only judicial notice of adjudicative facts. B. A judicially noticed adjudicative fact shall not be subject to reasonable dispute in that it is either: 1. Generally known within the territorial jurisdiction of the trial court; or 2. Capable of accurate and …

A. In determining the propriety of taking judicial notice of a matter: 1. The court may consult and use any source of pertinent information, whether or not furnished by a party; and 2. No exclusionary rule except a valid claim of privilege shall apply. B. A party is entitled upon…

On the appearance docket he shall enter all actions in the order in which they are brought, the date of the summons, the time of the return thereof by the officer, and his return thereon, the time of filing the petition, and all subsequent pleadings and papers, and an abstract of…

As used in this Code: 1. A "presumption" means a rule of procedure that when a basic fact exists the existence of another fact must be assumed, whether or not the basic fact has any probative value of the existence of the assumed fact; 2. "Basic fact" means the fact or group of f…

The basic fact of a presumption may be established in an action by the pleadings, or by stipulation of the parties, or by judicial notice, or by evidence. Added by Laws 1978, c. 285, § 302, eff. Oct. 1, 1978.

Except when otherwise provided by law, when the basic fact of a presumption has been established as provided in Section 302 of this Code: 1. If the basic fact has any probative value of the existence of the presumed fact, the presumed fact shall be assumed to exist and the burden…

A. Except as otherwise provided by act of the Legislature, this statute governs presumptions against an accused, in a criminal case, recognized at common law or created by statute, including statutory provisions that certain facts are prima facie evidence of other facts or of gui…

If two conflicting presumptions arise the court shall apply the presumption which is founded on the weightier considerations of policy and logic. If there is no such preponderance both presumptions shall be disregarded. Added by Laws 1978, c. 285, § 305, eff. Oct. 1, 1978.

In an action involving real property any person appearing in any manner in the title thereto, or claiming or appearing to claim some interest in the real property involved, may be included as a party defendant by naming such person as a party defendant in the caption of such peti…

Upon the journal record required to be kept by the clerk of the district court in civil cases exclusive of the small claims docket and juvenile proceedings docket shall be entered copies of the following instruments on file: 1. All items of process by which the court acquired jur…

Any clerk, upon microfilming the record as above set forth, is directed to destroy the record, provided that such record shall first be offered to the county and State Historical Society. Added by Laws 1971, c. 245, § 2, eff. Oct. 1, 1971.

"Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Added by Laws 1978, c. 285, § 401, eff. Oct. 1, 1978.

evidence inadmissible. All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, the Constitution of the State of Oklahoma, by statute or by this Code. Evidence which is not relevant is not admissible. Added by Laws 1978, c. 285, …

confusion or cumulative nature of evidence. Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, undue delay, needless presentation of cumulative evidence, o…

Exceptions - Other crimes. A. Evidence of a person's character or a trait of his character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except: 1. Evidence of a pertinent trait of character offered by an accused or by the p…

A. Where evidence of a person's character or trait of character is admissible, proof may be by testimony as to reputation or by testimony in the form of opinion. Inquiry is allowable on cross- examination into relevant specific instances of conduct. B. In cases in which a person'…

Evidence of a person's habit or of an organization's routine practice, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or rout…

When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove negligence, culpable conduct, a defect in a product or its design or a need for a warning or instruction. However, a court m…

Evidence of: 1. Furnishing, offering or promising to furnish; or 2. Accepting, offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount is not admissible to prove liability for…

Evidence of furnishing, offering or promising to pay medical, hospital or similar expenses occasioned by an injury is not admissible to prove liability for the injury. Added by Laws 1978, c. 285, § 409, eff. Oct. 1, 1978.

A. Except as otherwise provided in this section evidence of the following is not, in any civil or criminal proceeding, admissible against the defendant who made the plea or was a participant in the plea discussions: 1. A plea of guilty which was later withdrawn; 2. A plea of nolo…

Evidence of the existence of liability insurance is not admissible upon the issue of negligence or wrongful action. This section does not require the exclusion of evidence of liability insurance where the question of possession of liability insurance is itself an element of the a…

Insurance Laws. A. This act shall be known and may be cited as the "Act Concerning Interpretation of Oklahoma Insurance Laws". B. A statement or restatement of the law of insurance in any legal treatise, scholarly publication, textbook or other explanatory text shall not constitu…

sexual behavior inadmissible - Exceptions. A. In a criminal case in which a person is accused of a sexual offense against another person, the following is not admissible: 1. Evidence of reputation or opinion regarding other sexual behavior of a victim or the sexual offense allege…

admissible - Definition. A. In a criminal case in which the defendant is accused of an offense of sexual assault, evidence of the defendant's commission of another offense or offenses of sexual assault is admissible, and may be considered for its bearing on any matter to which it…

admissible - Definitions. A. In a criminal case in which the defendant is accused of an offense of child molestation, evidence of the defendant's commission of another offense or offenses of child molestation is admissible, and may be considered for its bearing on any matter to w…

Except as otherwise provided by constitution, statute or rules promulgated by the Supreme Court no person has a privilege to: 1. Refuse to be a witness; 2. Refuse to disclose any matter; 3. Refuse to produce any object or record; or 4. Prevent another from being a witness or disc…

A. As used in this section: 1. An “attorney” is a person authorized, or reasonably believed by the client to be authorized, to engage in the practice of law in any state or nation; 2. A “client” is a person, public officer, or corporation, association, or other organization or en…

A. As used in this section: 1. “Accountant” means a certified public accountant (CPA) or a public accountant; 2. “Client” means any person, public officer, corporation, association, or other organization or entity, either public or private, who consults an accountant for the purp…

A. As used in this section: 1. A “patient” is a person who consults or is examined or interviewed by a physician or psychotherapist; 2. A “physician” is a person authorized to practice medicine in any state or nation, or reasonably believed by the patient to be so authorized; 3. …

A. As used in this section: 1. An "interpreter" is a qualified legal interpreter for the deaf or hard-of-hearing, as defined by Section 2408 of Title 63 of the Oklahoma Statutes, or a spoken language interpreter for a Limited English Proficient (LEP) person; 2. A "deaf or hard-of…

A. A communication is confidential for purposes of this section if it is made privately by any person to the person’s spouse and is not intended for disclosure to any other person. B. An accused in a criminal proceeding has a privilege to prevent the spouse of the accused from te…

A. As used in this section: 1. A "cleric" is a minister, priest, rabbi, accredited Christian Science practitioner or other similar functionary of a religious organization, or any individual reasonably believed to be a cleric by the person consulting the cleric; and 2. A communica…

A. As used in this section: 1. "State proceeding" includes any proceeding or investigation before or by any judicial, legislative, executive or administrative body in this state; 2. "Medium of communication" includes any newspaper, magazine, other periodical, book, pamphlet, news…